The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-10-16
HE INvOKES THE LAW.
ONE OF DR. GUITERAs' YELLOW
FEVER SUSPECTS
TO Get Out of Quar-
antine.

Thomas McGonigle, the yellow fever
suspect" who lives on Congress avenue
and who has been qnarantined for several
days. yesterday evidently concluded that
the novelty of having the yellow fevei
had all worn off, and accordingly insti-
tuted thbeas corpus proceedings before
Judge w. II. Wilson In the Fifty fifth
civil district court to secure his liberty.
Yesterday afternoon Mr.. Il. NJ. Hall, ac-
companied by Sheriff Albert Erickson
| called on McGonigle at his home on Con-
gross avenue, where he is in quarantine,
and Mr.. Hall asked him il he wanted his
liberty. He said that he did, and wanted
! 1t bad
, Mr.. Hall and Judge James A. Breeding
then drew UP a petition for writ OF ha-
beas corpus. which McGonigle signed and
swore TO; and 1t was Immediately pre-
scented to Judge Wilson, who ordered that
the body OF McGonigle be brought before
him in court Saturday, October &c. at 2
o'clock. The petition and order are as
To the judge of the district court of Har-
ris county:
state OF Texas, County of HarrsIn
the district court of Harris county, Texas
iour petitlcncr, Thomas McGunigle would
respectfully represent and show unto the
court that he is illegally restrained In his
liberty by Charles Helm. marshal OF the
city Of Houston, and by William Kegans
who Is acting under the direct orders ana
commands OF said Charles Helm.
That this applicant is charged with no
crime, nor with the infracton of any
law.
wherefore, your petitioner prays for
your honor's most gracious writ of habeas
corpus. and that on hearing he be en-
larged and restored to his liberty.
Thomas McGonigle
-. inscribed and sworn to before me by
Thomas McGonigle on this 18th day of
October A. D.. 1897. r. NJ. Hall.
Notary Public, Harris County. Texas.
Houston, October 10. 1S97.--It Is ordered
that the writ of habeas CORPUS issue. aud
that Charles Helm and William Kegans
have the petitioner present in the district
court room Of the Fifty fifth judicial dis
trict Of Harris county at 2 p. III. on Oc-
tcbcr l6 and show cause by what authority
the applicant is restrained in his liberty.
William H. Wilson.
Judge Of the Fifty-fifth Judicial District
of Texas.
subpoenas were issued for the following
Witnesses Drs. r. NJ. Swearingen John
Guteras, r. Rutherford. w. A. Tryon. Il.
y. Jackson, D. F. Stuart, w. H. McElroy.
7. j. Boyles. r. II Harrison C. H. VIII
kinson, j. F. Y Paine. f. x. Fishes. H. A.
West and II. B. Rice.
me summons was served by Sheriff
Erickson In person on most OF the above
named gentlemen at DR.. Stuart's office
about $3.50 yesterday evening, and Dr. |
Swearingen was called up in Austin by |
telephone and asked by Sheriff Erickson |
If he would appear at the trial or would |
1t be necessary to get an attachment DR.. |
Swearingen replied that he refused to
come; that McGonigle was not quarantincd |
by his orders; and that he would advise
his release from quarantine.
The oher doctors who were served In
Or Stuarts Office held a hastv cousulta-
ton and considering DR., Swearingen's ad-
vice. 1t was decided to Immediately re- |
lease McGonlgle. Mayor Rice was tele-
phoned to, and in few minutes orders
were received at police headquarters TO
remove the guard around McGonigle's
house, which order was at once complied
with. and about Gas he was out on the
streets.