IN THE DISTRICT COURT OF PUSHMATAHA COUNTY, OKLA.

STATE OF OKLAHOMA, Plaintiff

vs

EARNEST MILLS, Defendant

No. 1838

PETITION

Comes now, your petitioner, Earnest Mills, and respectfully represents and states; That he is at this time restrained of his liberty and is unlawfully in prisoned, at Antlers, Okla., and in the County jail, of Pushmataha County, Okla., held by N. F. Kirkpatrick, sheriff of said County; The cause of said restrain, according to the best of the knowledge and belief of your petitioner, is that the said petitioner herein was arrested upon a warrant charging him with the crime of murder; That said warrant was issued by George R. Childers, County Judge, of Pushmataha County; That at the time of issuing of said warrant by the said County Judge, there had not been filed with the said County Judge, a complaint verified upon oath by any person; But, the said warrant was issued upon an information, signed by the County Attorney, of said Pushmataha County, unverified; That after the arrest and imprisonment under the Warrant before mentioned, the petitioner, was on the 21st day of Sept., 1925, brought before the said George R. Childers, County Judge, of Pushmataha County, Okla.; And the testimony of witnesses was taken, both on behalf of the state and of Defendant, and after considering the testimony, the County Judge, holding the examination, held the Defendant, to await the action of the District Court, and committed him to jail without bail, pending such trial, and he is at this time being so held. Your petitioner alleges that his restraint, as afore mentioned is unlawful for the reasons.

FIRST: There was not a sufficient complaint filed before the issuing of said warrant, and therefore no Jurisdiction was acquired by the County Judge to examine said cause, or to commit the Defendant to jail.

SECOND: Because of the fact, that the whole of the evidence taken before the County Judge is not such, that it would make the guilt of the Defendant evident, or the presumption of guilt great, and therefore for this reason, he is entitled to have bail fixed for his appearance to answer said charge at the next term of the District Court.

THEREFORE: Your petitioner prays the court to grant a writ of Habeas Corpus, and that he either be discharged without delay from such imprisonment, for the reason set forth in paragraph one, or that this court in consideration of the evidence fix a reasonable bail for the Defendant, to make in the action for his appearance at trial of same.

Signed by E. E. Mills

Subscribed and sworn to before me, this the 22nd day of Sept. 1925.

Signed by J. C. Moyer, Court Clerk

By P. W. Hudson, Deputy

IN THE DISTRICT COURT OF PUSHMATAHA COUNTY, OKLA.

STATE OF OKLAHOMA, Plaintiff

vs

EARNEST MILLS, Defendant

No. 1838

ORDER ADMITTING DEFENDANT TO BAIL

Now on this the 22nd day of Sept. 1925, the matter of the petition of the above Defendant, Earnest Mills, praying for a writ of Habeas Corpus, coming before me in chambers, at Hugo, Okla., upon agreement of Louie Gossett, County Attorney, of Pushmataha County, Okla., on behalf of the State of Oklahoma and John Cocke, Attorney for Defendant, upon behalf of the Defendant; That same might be heard by me at this time, without the issuing of a writ of Habeas Corpus, and that I might, at this time pass upon the question raised in said petition, from the record in the case, and from the testimony taken by the reporter in examination held on the 21st day of Sept. 1925, before the County Judge, of Pushmataha County, Okla. and that on account of the testimony, at this time, not having been transcribed from his notes by the said reporter, that each party would state to me the testimony made in said examination, by the several witnesses, and when they could not agree what said particular testimony was of any witness, then in that event the reporter, taking the testimony, should read from his notes, such testimony, and upon this agreement, I proceed to hear and determine the matters involved in said petition, without Habeas Corpus writ prayed for by the Defendant, and after hearing the same and being well and sufficient advised in the premises, I find, that the first objection of the Defendant, that not sufficient complaint had been filed with County Judge, before the issuing of a warrant; That the County Judge had Jurisdiction upon the information filed to make such examination and by reason of the Defendant failing to object to the information not being verified before examination was had, he has lost all right to object to the insufficiency of the information in that, it was not verified; And after hearing the testimony out lined to me by both sides having agreed what said testimony was before me, I find, that from the testimony as a whole, the guilt of the Defendant, is not evident, and the presumption of his guilt is not great; And that he is entitled to bail in this case; And it is therefore, ordered that he be held to bail for his appearance at the next term of the District Court, for Pushmataha County, Okla.; in the sum of $15,000.00 and upon such bail being duly given and approved by the Court Clerk, of Pushmataha County, Okla., it is ordered that he be discharged from such custody.

Signed by G. M. Barrett, Judge.