Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1912-09-20

involved in the matter. The writ of
habeas corpus is essentially writ of
inquiry, and n aid of right and liber-
ty and The one object of which is to
relieve the party detained from an
illegal restraint
In the second place and most i'm
portant is the fact that the article in
question does not disclose the facts
and circumstances which led up to the
application for the writ in question
'nd in the face of which denial of
the writ Of habeas corpus would have
been positive wrong and a corrup-
tion of the law.
The real and material facts were
briefly as follows: On July 10th, 1912
an information was filed in district
court charging the defendant spenst
with violation Of the prohibition
law, to which information a plea of
equity" was entered.
On July Goth, 1912, the said spenst
appeared for sentence, when upon re-
commentator of the states attorney
sent ~ce was suspended indefinitely,
and Spenst was discharged from Gus
tody, first being required TO sign the
pledge and enter into ! ersonal re-
cognaizance in the sum of $500 for
his appearance when called upon.
On August sth, 1912, said Jacob
Spenst was arrested upon complaint
by States attorney charging hirl with
the crime Of keeping Intoxicating IL
quor for sale unlawfully as u beverage
and to which was also added an allie
CATION charging him with breaking tho
pledge.
On the said 9th day of August the
said Spenst was placed in the common
Jail of the county and kept there in
close custody for period of twelve
days, without ever having been taken
before justice of the peace for ar
raignment or given any opportunity
to have hearing upon the charge upon
which he had been arrested and con-
fined.
On the 23rd day of August Spenst
succeeded in forcing hearing of his
case when Notwithstanding the fact
that the state had had fifteen days in
which to gather evidence against him
not one single bit of testimony
amounting to anything like proof of
the charge was presented at said hear
ing, and the justice of the peace upon
motion made after the state had rest
ed its case, very properly dismissed
the action for utter lack of evidence
and ordered the defendant discharged
from custody.
On August 21st, just two days be-
j. fore the hearing on the 23rd above re-
ferred to, when it is reasonable to
J assume that the state was aware that
the allegations against the defendant
were nfere suggestions, incapable
proof, an application was made by
) the states attorneys office based upon
} practically the same allegations of
facts as that upon which Spenst had
: been arrested two weeks before, ask.
ing for an order from Hon. A. G.
) Burr, judge Of the Ninth judicial dis
trict for bench warrant for the ar
l rest Of said Spenst that he might be,
: held for sentence Notwithstanding the
: further fact that more than thirty
: days had elapsed from the time of the.
making by his honor Judge Kneeshaw,
OF the order suspending sentence made
: on July 18th, 1912, and that the court
} was without jurisdiction in the prem
ises under the provisions of Section
1882 of the prohibition law, and the
general principles Of the law govern
Ing the liberty of the citizen.
The reason assigned by his honor
Judge Cowan for granting the writ
and discharging the defendant and
which We submit is unanswerable was
: THAT the said court has no jurisdic-
tlon over the person of the said de-
fendaht in the proceedins in which
} said defendant is now held in GUS
tody.'
We very much dislike entering into
newspaper controversy over such
matters, but feel in justice to our
selves, to the law and to the fearless
performance Of duty by the courts.
that the public are entitled to know
the real facts and the real issue. In
further justice to ourselves and the
court granting the writ be it further
understood that we first endeavored
to find the judge of our own district