The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1914-12-23
.JUSTUS SEEKING
PRISON RELEASE
Nan With Remarkable Record
Writes Own Petition to
Federal Court.
CLAIMS HE WAS KIDNAPPED
Alleges Belongings Were Taken
BY Officers and That Judge
Gave Money 10 Another.


Edward b. Justus, who has been
making almost continuous fight In
the courts OF Oklahoma and Kansas
for libertySln the last fifte.en years, IL
again In the tolls Of the law and this
time he asks relief from the federal
court.
Justus this morning filed an appli-
oation with United States District
Clerk A. G. DOlde, In the federal court
here for n writ Of habeas corpus seek
Ing release from the Canadian county
Jail at III Reno. The petition IL filed
by JustuS acting as his own lawyer
aud IL written out in long hand evil
IDENTIFY the prisoners own handwriting.
The petition shows an unusual degree
Of familiarity with criminal law for
q man who Is not lawyer.
kidnapping Alleged.
Justus alleges that he has been In.
carceratcd In the Canadian county
jail since November S, 1914 on two
charges. one Of stealing two mules and
the other with larceny Of a horse He
alleges that he IL Illegally held for
the reason that the information was
not verified by the county attorney.
also that he Is not legally n resident
0f the state Of Oklahoma and he
claims to have been kidnapped out VI
the Kansns state penitentiary and
brought to Oklahoma state without le
gal authority.
| Justus recites that he refused to
make any pleading when arraigned at
III Reno on November IA taking the
ground that he was not legally IN
court and that thereupon the judgs
entered plea Of guilty on his behalf,
Justus was arrested, according to
his own recital, while travelling over.
land from Cotton county 10 his h00s
at Cloud Chief, Ok, by A. L. CiAsk.
sheriff OF Canadian county, A. J. Blan-
kenship sheriff Of CAddo eounky -
two other ofsfers ana plsssd II ~
for two days at IAwton.
The petition alleges that his waes
on and team. and a number Of person
al belongings, including fancy brides.
braid, and saddles, were taken away
from him by the officers and that
Judge Carney took away from him -
In money and gave II TO one MIX '
living In Texas. Justus alleges that
this was done without authority Of
law and that he earned the money
making braid and fancy brides.
Wants Federal Protection.
Justus on November Il, last filed
application with the state supreme
court Tor writ Of habeas corpus seek
release from the Canadian county JAN
and the petition was referred 10 the
criminal court of appeals. Both courts
refused 10 grant the writ. Justus now
claims that he has exhausted all his
legal remedies In the state courts ~
Oklahoma as the district court ni
Canadian county also declined 10 IA
sue a habeas corpus writ, and he asks
the federal court to give him protee
lion under the federal constitution, this
enabling act and the laws Of the
United States.
recital Of his own remarkable
record Is contained In the petition
filed by Justus today. According u
It's statements he was sentenced to III,
Imprisonment In the Kansas state pen
itentlary at lansing September 80
1905, by Judge Baynrd T. Hainer fol
killing NJ. L. Duncan, blacksmith
Mt Ncwkirk, Ok, in May Of that year
JustuS appealed TO the Territorial su
preme court, but his appeal was dis
missed on the ground that he did mo-
file motion for a new trial in IN,
lower court He then sued out a wri
of habeas corpus In the supreme cour
Of Kansas which tribunal held tha
the sentence was valid.
Is Freed Again.
Justus claims that on January Q
1909 he was kidnapped from the KIM
sas penitentiary by W. A. Lubbes 4
Guthrie officer, and forcibly taken b
the state penltentlary Of Oklahoma a
, McAlester lie filed an applicstiof
, FOR writ OF habeas corpus In ths
criminal court ~ appeals Of oklahoms
ana was released In October. 190l
from the penitcntlary by thst court o.
J the ground that the sentence Of tn
J trial court was void because Of the ~
fusal on the part Of Judge Hainer 4
grant change Of venue upon applies
b tlOn Of the defendant.
/, Scarcely had he been released from
the peniteutlary than he was rearrest
ed on the same charge Of having kiiies
Duncan. Justus alleges that he wa
! kidnapped out u Kay county and IA
ken TO Medford. Grant county, whcr
he was, convicted OF manslaughter AM
sentenced TO serve 7 years. Justs1
claims that he has never been dis
A charged from that sentence althostll
4. lat llherty when arrested last Noyer1