"It
is agreed by and between the petitioners by H. J. Bone and M
W. Sutton, their attorneys, and George M. Grimes, respondent
by Temple Houston, his attorney, that the above entitled
cause may be heard upon the following agreed statement of
facts, not only in this court, but to all courts to which
this case may be taken or appealed:
"First
that Charles Hess and Reuben Orr are now, and have been for
more than one year prior to the institution of the
proceedings hereinafter mentioned, residents of the county of
Woodward, Territory of Oklahoma; that on the twenty-fourth
day of October, 1896, a complaint duly sworn to was made
before a justice of the peace of said county charging said
petitioners with the crime of grand larceny, a copy of which
complaint is referred to and made a part hereof, the same
being set out in full in petitioners' application; that
on the twenty-sixth day of October, 1896, said justice of the
peace issued a warrant upon said complaint, by virtue of
which the petitioners were arrested by the sheriff of
Woodward County, Oklahoma, and taken before said justice of
the peace; that a hearing or preliminary examination was had
and the petitioners were held and bound to await the action
of the District Court of Woodward County and the grand jury
thereof; that on the eighteenth day of December, 1896, they
were by the grand jury of said Woodward County, indicted and
charged with the crime of grand larceny, and that the offense
laid in the indictment was and is the same for which they
were arrested and charged before the justice of the peace
aforesaid; that they were arrested upon a warrant issued by
the clerk of the court of Woodward County by virtue of said
indictment, on said eighteenth day of December, 1896, and
were taken before the court on said day, and there plead not
guilty to said indictment, and bail was by the court fixed at
the sum of seven hundred dollars each for their appearance at
the June term of said court for the year 1897, which bail was
then and there given, and the petitioners were discharged
and thereupon said cause was by said court continued until
the June term for the year 1897, of said court, and that said
proceedings are still pending and undetermined in said
Woodward County District Court; that afterwards and on the
eleventh day of November, 1896, the county attorney of Clark
County, Kansas, filed an information in the District Court of
Clark County, Kansas, charging these petitioners with the
crime of grand larceny, and afterwards an application was
made to the Governor of the State of Kansas for a requisition
upon the Governor of the Territory of Oklahoma, based upon a
certified copy of said information which is fully set out in
the petitioners' application for a writ of habeas corpus
in this case, and an affidavit stating the facts constituting
the crime, sworn to by Temple Houston, Esq., attorney at law,
who had appeared and prosecuted as an attorney for the
Territory and appeared for the Territory in the District
Court of Woodward County as private counsel for complainant,
representing the Territory in the proceedings therein had and
herein set out; that upon application so made to the Governor
of Kansas a requisition was issued upon the Governor of
Oklahoma Territory, and upon the requisition so made the
Governor of Oklahoma Territory issued his warrant for the
arrest and return to Kansas of the petitioners, which warrant
of the Governor of Oklahoma Territory was signed and issued
prior to discharge of petitioners herein upon their giving
bail as aforesaid in the District Court of Woodward County,
Oklahoma; that the warrant so issued by the Governor of
Oklahoma Territory was executed on the eighteenth day of
December, 1896, and these petitioners were arrested and
brought to the State of Kansas, and incarcerated in the jail
of Clark County, Kansas, and were and are confined in said
jail; that the claim of the State in the case of the State of
Kansas against these petitioners pending in Clark County
District Court, is that these petitioners stole the property
described in the information filed in the District Court of
Clark County, Kansas, in Woodward County, Oklahoma Territory,
and drove the same into Clark County in the State of Kansas;
that the property for the stealing of which the petitioners
were arrested and indicted is the identical property
described in the information upon which petitioners are being
prosecuted in Clark County, Kansas, and if taken at all was
taken in the same transaction and at the same time, and that
the action for which these petitioners are being prosecuted
is brought under paragraph 2559, being section 419 of the
Crimes and Punishments Act of the State of Kansas, General
Statutes of 1889, volume 1. It is further agreed that all of
the proceedings of the court that are of record in Woodward
County, Oklahoma Territory, are embraced and embodied in the
application of your petitioners herein, together with the
further statement herein made concerning habeas corpus, in
Woodward County, Oklahoma Territory; that after the Governor
of Oklahoma had honored the requisition aforesaid of the
Governor of Kansas, and issued his warrant thereon for the
arrest of petitioners, and while they were in custody by
virtue of such warrant, petitioners on the -- day of
December, 1896, applied to the Hon. Frank Dale, Judge of the
First Judicial District, Territory of Oklahoma, for a writ of
habeas corpus in order that petitioners might be released and
discharged from such arrest, and upon a hearing of such
application during a term of the District Court of Woodward
County, said Territory, on the -- day of December, 1896, the
said Judge Frank Dale ordered that petitioners be remanded
and surrendered to the custody of Geo. M. Grimes, agent of
the State of Kansas for the apprehension and arrest of
petitioners, in order that said petitioners might answer
whatever charges pended against them in said State of Kansas.
"It
is further agreed that the petitioners were in Clark County
Kansas, at the time at which the commission of the offenses
charged in the information filed against them in said county
is laid, and on which the warrant by virtue of which
petitioners are held was based, and that petitioners were in
Woodward County, Oklahoma Territory, at the time of their
arrest. It is expressly stipulated by and between counsel for
petitioners and respondent that the stipulations herein
contained shall not be used in the case of Eddleman Brothers
v. Charles Hess et al.,...
