The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1919-09-23
Judge Cham Jones Issues Order Re,
strainlne NJ. &. 5unnell From
Hearing Case Set for Hearing
Today.
COURT IS PETITIoNED
BY COUNTY ATTORNEY
Stacy Alleges In Petition That Bun
nell Not Qualified; Points Out
Dismissal Filed by Grady
Prosecutor.

Acting on petition' filed in dis.
trict court mere by William Stacey
county attorney of Grady county
Judge Cham Jones of Waurika yes
terday afternoon issued an order re.
straining and prohibiting NJ E. Bun.
nell, local justice Of the peace, from
further procedure in the trial of the
case, State of Oklahoma VS.. R. E.
Davenport, county Judge of Grady
county. who is charged with assault
and battery upon the person OF Miss
Buena McShane, his former stenog.
rapher.
The petition was filed yesterday
afternoon by County Attorney Stacey
The order was served on Justice Bun
nell this morning. The petition, in
part, reads:
THAT on the 26th day of August
1919, your petitioner filed before
Hon. T. p. Moore, justice Of the
pace, complaint against one R. E
Davenport, charging him with as.
sault upon the person of Miss Buena
McShane that said r. e. Davenport
appeared before the said T. p Moore
and filed affidavit for change of
venue, that said change Of venue was
granted by said T. p Moore, and the
papers in the said case were trans
ferred by the said r. P. Moore to the
defendant, M. a. Bunnell, and said
M. E. Bunnell is now threatening to
assume jurisdiction of said cause and
to hear and try the same.
Stacey Files Dismissal.
THAT thereafter on the 18th day
of September, 1919, a grand jury was
ordered by the district court to con-
vene on the 18th day of October, 1913,
that by the reason of the ordering
of said grand jury, and for
the purpose of submitting to said
grand jury for it's investiga-
tion the offense charged against the
said r. Z. Davenport, in said com
plant above mentioned and your pc
titoner herein entertaining grave
doubts as to whether or not graver
offense had been committed than
that charged in the complaint above
referred to, on the goth day of Sep
tember 1919, filed before the said NJ
e. Bunnell his written dismissal of
said cause.
That Notwithstanding a written
dismissal of the said cause, as above
alleged, the said defendant, without
authority of law, arbitrarily, and in
abuse of his judicial authority and
power, if any such he has, is threat
ening to and will proceed to hear
and try said cause unless prohibited
from so doing by order of this court
And for a further and second
count and for further and second
cause of action against the de.end
ant plaintiff says:
That the said defendant without
authority of law, is assuming to act
as justice of the peace of the said
city of Chickasha, Grady county, Ok
lahoma, and is assuming to exercise
judicial authority as such, when in
truth and fact said defendant has
neither been elected or appointed to
said office and is not justice of the
peace but, on the contrary is a mere
usurper
THAT Notwithstanding the fact that
said defendant is neither justice
of the peace and has no legal right
to act as such, and has no judicial
authority he will, unless prohibited
= by this court, proceed to hear and
try the case mentioned in count one
herein.
"That your petitioner herein has
no adequate remedy at law and un-
less a writ of prohibition be granted
by this court, your petitioner herein
as county attorney of Grady county,
Oklahoma, will be greatly embarass-
ed and hampered, in the investiga-
tion of crime and in the enforce
ment of the criminal laws of this
state"
A copy of the written dismissal
Continued on page 81