The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-05-13
ERNEST HAYWOOD INVOKES
WRIT Of HABEAS CORPUS
'ifiN
Petition Granted by Associate Justice Douglas
and the Hearing Set for Thursday,
May Twenty-First

before some proper judicial officer, so that
q hearing as to his Imprisonment whether
Illegal or legal may be had, and bail or
delivery be granted If such is shown to
be the demands of the case. In 1854 the
writ of habeas corpus was suspended in
North Carolina, but it has been always
of force since then. and it is a part OF
the statute law of the State.
Application for this writ can be made
to any one of the justices of the Supreme
Court or to any Superior Court judge,
either in term time or in vacation. In
this application specific statement must
be made Of the Imprisonment, the cause
or pretense, with a copy of the process,
and if illegality is claimed this must be
set forth and all must be verified by the
oath of the applicant or OF some credible
witness. The judge to whom the appli-
cation is made must grant it without de-
lay, and if this is refused penalty of
s., 500 is placed upe1 such judge who is
to forfeit this sum to the party aggrieved.
There is also penalty upon any officer
failing to obey the writ, and such officer
is to be imprisoned without any bail
till the writ is obeyed. If Judge refuses
to grant writ of attachment against an
officer so refusing them such judge is
liable to impeachment and to also forfeit
81, 500 to the party aggrieved
When the hearing Is had on the writ
the judge is required to examine into the
facts contained in it and into the cause
of confinement or imprisonment, whether
criminal or not, and if issue be taken
upon the material facts in the return,
or other facts are alleged to show that
the Imprisonment or detention is illegal,
or that the party imprisoned is entitled
to his discharge, the court or judge shall
proceed, in a summary way, to hear the
allegations and proofs on both sides, and
to do what to justice shall appertain in
delivery, bailing or remanding such party
If no legal cause be shown for the i'm
prisonment or for the continuance Of il,
the court is required to discharge the
party from custody or il it is found that
the party is imprisoned for an offence
which is bailable, then the court shall
permit such party to give bail until the
time for the hearing of the cause in
the court to which it belongs. If no rea-
son is found for this, then the party is
to be remanded to the prison.
The writ of habeas in the case of Mr..
Haywood has been set for a hearing in
the Supreme court room. In a conyersa-
tion held yesterday with Judge Douglass
he stated that in case the accommoda-
tions at the Supreme court were not suffi-
cient. he would hear the case at tho
county court house.
The indications are that the case will
be stubbornly fought by both sides. and
that the application for release on bail
under the proceedings will bring out all
the matters pertinent to the case. In
this hearing the justices will be both
judge and jury, for they will pass upon
the law as well as upon the fact.
The petition and the order for the writ
of habeas corpus are as follows:
ERNEST HAYWOOD'S PETITION.
The petition of Ernest Haywood, asking
for the writ of habeas corpus, is addressed
to Robert M. Douglas, Judge of the SUI
preme Court of North Carolina, and reads
thus:
undersigned respectfully representing to
your Honor. shows:
1. That he is imprisoned and restrained
of his liberty in the common jail of Wake
County, North Carolina by M. w. Page,
sheriff custodian and keeper of said Jail
in said county.
2. That the cause of such Imprisonment
and deprivation of liberty as aforesaid is
the charge of murder, so contained and
specified in the indictment hereto attached,
marked "a" and constituted a part OF
this petition, and of the order of the court
mdae in pursuance thereof, copy of which
as hereto attached and marked "B"
8. That the said restraint and impris-
onment is illegal for that your petitioner
is not guilty of the offence charged, ana
because further, he is not guilty of any
offense known to the laws of his State and
country, nor of any act punishable by the
law; in short, because he is innocent, not
only of crime but of criminal intent.
4. That the legality of said restraint
and Imprisonment has not been already adj
judged upon prior writ of habeas cor
pus.
Wherefore your petitioner prays your
Honor, that IL Erit issue to the said sher-
iff to produce the petitioner before your
Honor at such time and place as you may
designate, that the proofs regarding said
imprisonment may be heard, and that
whatever justice may demand in regard to
delivering or bailing your petitioner shall
be done.
The petition is signed by Ernest Hay
wood and is followed by the following af-
fidavit, sworn to on Monday before Robert
r. Boyd, Notary Public:
Ernest Haywood, petitioner, being duly
sworn. says: That the facts and allega-
tions made and stated in the foregoing pc
tition are true This being followed by
his signature.
THE WRIT ORDERED.
The petition being presented to Judge
Douglas, it was granted, and the following
order was issued:
To M. w. Page, sheriff of Wake county: