nable before the Circuit Court of
said circuit, and avers:

"That he is a justice of the Supreme Court of the United
States, allotted to the ninth judicial circuit, and is now and
has been for several weeks in California, in attendance upon
the Circuit Court of said circuit in the discharge of his
judicial duties; and, further, that the said warrant of the
justice of the peace, H.V.J. Swain, in Stockton, California,
issued on the 14th day of August, 1889, under which the
petitioner is held, was issued by said justice of the peace
without reasonable or probable cause, upon the sole affidavit
of one Sarah Althea Terry, who did not see the commission of
the act which she charges to have been a murder, and who is
herself a woman of abandoned character, and utterly unworthy
of belief respecting any matter whatever; and, further, that
the said warrant was issued in the execution of a conspiracy,
as your petitioner is informed, believes, and charges, between
the said Sarah Althea Terry and the district attorney, White,
and the said justice of the peace, H.V.J. Swain, and one E.L.
Colnon, of said Stockton, to prevent by force and intimidation
your petitioner from discharging the duties of his office
hereafter, and to injure him in his person on account of the
lawful discharge of the duties of his office heretofore, by
taking him to Stockton, where he could be subjected to
indignities and humiliation, and where they might compass his
death.

"That the said conspiracy is a crime against the United
States, under the laws thereof, and was to be executed by an
abuse of the process of the State court, two of said
conspirators being officers of the said county of San Joaquin,
one the district attorney and the other a justice of the
peace, the one to direct and the other to issue the warrant
upon which your petitioner could be arrested.

"And the petitioner further avers that the issue of said writ
of _habeas corpus_ and the discharge of your petitioner
thereunder were and are essential to defeat the execution of
the said conspiracy.

"And your petitioner further avers that the accusation of
crime against him, upon which said warrant was issued, is a
malicious and malignant falsehood, for which there is not even
a pretext; that he neither advised nor had any knowledge of