The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-06-01
TO BE HEARD JULY %
Point Raised by Ira TerriIi About Ok
iahoma convicts.


Guthrie, o. T., May 31.--On the End day
of July the attorney general OF Oklahoma
will appear in Topeka In the case of
Ira n. Terrill. asking for writ Of haheas
corpus to secure his release from the
Kansas penitentiary at Lansing. Ter
rjll has raised several points which are
important ones and involve the holding of
the Oklahoma prisoners in the peniten-
tiary at Lansing. The full text OF Ter
rill's petition is as follows:
To the Supreme Court of Kansas:
Gentlemen: The petitioner. Ira N Ter
rili. asserts that he is unlawfnIiy de-
priyed of his liberty by Warden r. Il.
Jewett and confined by said z. p. Jewett
in the Kansas state penitentiary at Lam
sing. Kansas: that such detention and in
generation is unlawful, to-wft:
First-That the petitioner. Ira n. Ter
riIl. was never given trial by nor IN the
district court Of Noble county. Oklahoma
Territory. whence eminates the commit
merit. whereby and whereupon said War
den Jewett claims authority to imprison
the petitioner.
second-That any and all attempted
trials OF the petitioner in or by the dis
trict court CT Noble county was res ad-
judicata and void.
Third-That any and ali attempted
trials of the petitioner in and By the
district court OF Payne county. Oklahoma.
November, 1892. term thereof was res ad-
jutcata and void.
Fourth-That any and ali attempted
trials Of the petitioner In OF by any and
all district courts of Oklahoma Territory
are void from lack of jurisdiction on the
part of the courts Of Oklahoma Territory
Fifth: That the petitioner after having
been pronounced cfviIly dead the
by the court officers OF and for
Oklahoma Territory. could not be law
fully brought within the jurisdiction OF
the said courts Of Oklahoma Territory
by any order whatever from the supreme
court Of Kansas: and that the said sll-
preme cour; Of Kansas in making such
order exceeded its jurisdiction: and that
Warden Case IN executing such order
committed the crime Of Kidnapping. ard
that such order and execution thereof
are wholly devoid Of lawful authority and
nought but conspiracy TO violate lnWs
made and provided for the transportation
Of persons from state 70 state.
sixth: That the supreme court 81 Ok
Iahoma has denied the prisoner the right
OF appeal since June. 1se3. although the
petitioner perfected an appeal ard gave
the required bond. which bond was ap-
proved. the appeal docketed and set for
trial: that such appeal has never BEEN
lawfully dismissed or disposed %. nor TIE !
appeal bond forfeited. that The right of
appeal is fnvioisble. that the petitioner /!
has been held under curesS and IN prism
when lis appeal was IN law and eqnify I
held upon the docket 81 The supreme ccsrt I
OK oklahoma Tor more than seven Tears 4
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