Heart's Desire by Emerson Hough
page 44 of 330 (13%)
page 44 of 330 (13%)
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the prosecutor to make some sort of a statement, but the attorney for
the defence interposed. He moved for the discharge of the prisoner on the ground that there was no Territorial law and no city ordinance violated; he pointed out that Heart's Desire was not a city, neither a town, but had never been organized, established, or begun, even to the extent of the filing of a town site plat; he therefore denied the existence of any municipal law, since there had never been any municipality; he intimated that the pig had perhaps been killed accidentally, or perhaps in self-defence; it was plain that the prisoner was wrongfully restrained of his liberty, etc. The ire of Blackman, J. P., at all this was something to behold. He to be deprived of his opportunity thus lightly? Hardly! He overruled the objections at once, and rapped loudly for order. "The trile will go on," said he. "Then, your Honor," cried Dan Andersen, springing to his feet, "then I shall resort to the ancient bulwark of our personal liberties. I shall sue out a writ of _habeas corpus_, and take this prisoner out of custody. I'll sue this court on its bond! I'll take a change of venue! We'll leave no stone unturned to set this innocent man free and restore him to the bosom of his family!" This speech produced a great effect on the audience, as murmurs of approbation testified, but the doughty Justice of the Peace was not so easily to be reckoned with. He pointed out that there was no officer to serve a writ of _habeas corpus_; that the court had given no bond to anybody and did not propose to do so; that there was no other court to which to apply for a change of "vendew," as he termed it; and |
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