medley
argued
decided
march
britton
henry
wise
garnett
berry
petitioner
teller
respondents
miller
application
james
medley
writ
habeas
corpus
object
relieve
imprisonment
held
lamping
warden
state
penitentiary
state
colorado
petitioner
held
prisoner
sentence
death
pronounced
district
second
district
state
colorado
county
arapahoe
petition
prisoner
sets
forth
indictment
murder
ellen
medley
found
grand
jury
arapahoe
county
day
june
indictment
charges
petitioner
murder
took
place
day
may
year
tried
said
district
day
september
thereafter
found
guilty
jury
murder
first
degree
day
november
sentenced
remanded
custody
sheriff
arapahoe
county
within
hours
taken
said
sheriff
delivered
warden
state
penitentiary
kept
solitary
confinement
fourth
week
month
december
thereafter
upon
day
hour
designated
warden
taken
said
place
confinement
place
execution
within
confines
penitentiary
hanged
neck
dead
copies
indictment
verdict
jury
sentence
annexed
petition
exhibits
petitioner
sets
forth
sentenced
statute
colorado
approved
april
went
effect
july
repealed
acts
parts
former
acts
inconsistent
therewith
without
saving
clause
crime
account
sentence
passed
charged
actually
committed
day
may
year
petitioner
enumerates
variances
statute
force
time
crime
committed
sentenced
punishment
present
case
claimed
changes
prejudice
injury
therefore
ex
post
facto
within
meaning
section
art
copstitution
declares
state
shall
pass
bill
attainder
ex
post
facto
law
petitioner
applies
directly
writ
habeas
corpus
instead
circuit
alleges
similar
case
involving
points
decided
adversely
petitioner
upon
examining
petition
accompanying
exbibits
order
made
writ
issue
returnable
forthwith
arrangement
parties
counsel
agreed
prisoner
need
person
brought
washington
case
therefore
heard
documents
transcripts
record
presented
question
argued
us
whether
act
april
constitution
state
colorado
became
operative
day
july
thereafter
sentence
complained
posed
district
ex
post
facto
law
void
provision
constitution
subject
respect
violation
constitutional
provision
statute
found
session
laws
stat
colorado
follows
act
relative
time
place
manner
infliction
death
penalty
provide
means
infliction
penalty
making
misdemeanor
punishable
fine
imprisonment
disclose
publish
proceedings
relation
thereto
enacted
general
assembly
state
colorado
section
commissioners
state
penitentiary
expense
state
colorado
shall
provide
suitable
room
place
inclosed
public
view
within
walls
penitentiary
therein
erect
construct
times
preparation
necessary
scaffolding
drops
appliances
requisite
carrying
execution
death
penalty
punishment
death
must
every
case
death
sentence
pronounced
state
inflicted
warden
said
state
penitentiary
room
place
appliances
provided
aforesaid
hanging
convict
neck
shall
dead
sec
whenever
person
convicted
crime
punishment
whereof
death
convicted
person
sentenced
suffer
penalty
death
judge
passing
sentence
shall
appoint
designate
warrant
conviction
week
time
within
sentence
must
executed
week
appointed
shall
less
two
four
weeks
day
passing
sentence
said
warrant
shall
directed
warden
state
penitentiary
state
commanding
said
warden
execution
sentence
imposed
aforesaid
upon
day
within
week
time
designated
said
warrant
shall
delivered
sheriff
county
wherein
conviction
shall
within
hours
thereafter
proceed
said
penitentiary
deliver
convicted
person
together
warrant
aforesaid
said
warden
shall
keep
convict
solitary
confinement
infliction
death
penalty
person
shall
allowed
access
said
convict
except
attendants
counsel
physician
spiritual
adviser
selection
members
family
accordance
prison
regulations
sec
particular
day
hour
execution
said
sentence
within
week
specified
said
warrant
shall
fixed
said
warden
shall
invite
present
thereat
sheriff
county
wherein
conviction
chaplain
physician
penitentiary
one
practicing
surgeon
resident
state
spiritual
adviser
convict
six
reputable
citizens
state
full
age
said
warden
may
also
appoint
three
deputies
guards
assist
executing
said
sentence
said
warden
shall
permit
person
persons
present
execution
except
provided
section
time
fixed
said
warden
said
execution
shall
kept
secret
manner
divulged
except
privately
persons
invited
present
aforesaid
persons
invited
shall
divulge
invitation
person
persons
whomsoever
manner
disclose
time
execution
persons
present
execution
shall
keep
whatever
may
transpire
thereat
secret
inviolate
save
except
facts
certified
hereinafter
provided
account
details
execution
beyond
statement
fact
convict
day
question
duly
executed
according
law
state
penitentiary
shall
manner
published
state
sec
upon
receiving
notice
said
warden
execution
shall
duty
said
sheriff
present
witness
execution
shall
receive
cause
certified
transcript
record
said
execution
hereinafter
specified
filed
within
ten
days
said
execution
office
clerk
said
conviction
said
clerk
shall
record
said
transcript
length
records
said
case
case
disability
illness
sufficient
cause
said
warden
said
sheriff
present
execution
shall
duty
respective
deputies
acting
place
stead
execute
said
warrant
perform
duties
connection
therewith
act
imposed
upon
principals
sec
said
warden
shall
keep
book
record
known
executions
shall
entered
length
reports
hereinafter
specified
immediately
said
execution
post
moitem
examination
body
convict
shall
made
attending
physician
surgeon
shall
enter
said
book
record
nature
extent
examination
sign
certify
said
warden
shall
also
immediately
make
enter
said
book
report
setting
forth
time
execution
convict
naming
executed
conformity
sentence
specified
warrant
naming
directed
accordance
provisions
act
shall
insert
said
report
names
persons
present
witnessed
said
execution
shall
procure
every
persons
sign
said
report
full
name
place
residence
leaving
place
execution
said
warden
shall
thereupon
attach
certificate
said
report
certifying
truth
correctness
thereof
shall
immediately
deliver
certified
transcript
said
record
entry
said
sheriff
sec
person
shall
violate
omit
comply
section
act
shall
guilty
misdemeanor
upon
conviction
thereof
punished
fine
less
imprisonment
county
jail
less
thirty
days
six
months
sec
warden
person
acting
stead
performs
duties
imposed
upon
act
shall
paid
services
moneys
provided
maintenance
said
state
penitentiary
sum
fifty
dollars
said
sheriff
shall
paid
services
county
conviction
sum
dollars
together
mileage
fees
provided
law
sec
acts
parts
acts
inconsistent
provisions
act
hereby
repealed
approved
april
section
article
constitution
state
colorado
amended
november
follows
act
general
assembly
shall
take
effect
ninety
days
passage
unless
case
emergency
shall
expressed
preamble
body
act
general
assembly
shall
vote
members
elected
house
otherwise
direct
bill
except
general
appropriation
expenses
government
introduced
either
house
general
assembly
first
thirty
days
session
shall
become
law
think
follows
provision
neither
repealing
clause
part
act
force
prior
july
crime
committed
may
year
governed
particulars
trial
punishment
law
force
except
far
legislature
power
apply
principles
trial
punishment
crime
conducted
administered
law
became
law
commission
offense
provisions
far
applied
case
prisoner
invasions
rights
properly
called
ex
post
facto
laws
void
unnecessary
examine
points
according
argument
plaintiff
new
statute
expost
facto
therefore
shall
notice
appear
us
mot
deserving
attention
shall
compare
new
statute
one
superseded
repealed
first
perhaps
important
declares
warden
shall
keep
convict
solitary
confinement
infliction
death
penalty
former
law
act
contained
provision
declared
every
person
convicted
murder
first
degree
suffer
death
every
person
convicted
murder
second
degree
suffer
imprisonment
penitentiary
term
less
years
might
extend
life
declared
manner
inflicting
punishment
death
hanging
person
convicted
neck
death
time
direct
less
days
time
sentence
pronounced
unless
good
cause
governor
might
prolong
time
prisoner
kept
county
jail
control
sheriff
county
officer
charged
execution
sentence
solitary
confinement
neither
authorized
former
statute
practice
use
regard
prisoners
awaiting
punishment
death
matter
solitary
confinement
seems
supposed
counsel
suggested
able
opinion
statute
furnished
us
brief
counsel
state
judge
hayt
case
tyson
pac
mere
unimportant
regulation
prisoner
relieved
objectionable
features
qualifying
language
person
shall
allowed
access
said
convict
except
attendants
counsel
physician
spiritual
adviser
selection
members
family
accordance
prison
regulations
solitary
confinement
punishment
crime
interesting
history
almost
countries
imprisonment
one
means
punishment
exhaustive
article
subject
american
encyclopedia
vol
word
history
given
article
said
first
plan
adopted
public
attention
called
evils
congregating
persons
masses
without
employment
solitary
prison
connected
hospital
san
michele
rome
little
known
prior
experiment
penitentiary
philadelphia
peculiarities
system
complete
isolation
prisoner
human
society
confinement
cell
considerable
size
arranged
direct
intercourse
sight
human
employment
instruction
prisons
plan
less
liberal
size
cells
perfection
appliances
erected
massachusetts
new
jersey
maryland
experience
demonstrated
serious
objections
considerable
number
prisoners
fell
even
short
confinement
fatuous
condition
next
impossible
arouse
others
became
violently
insane
others
still
committed
suicide
stood
ordeal
better
generally
reformed
cases
recover
sufficient
mental
activity
subsequent
service
community
became
evident
changes
must
made
system
separate
system
originated
philadelphia
society
ameliorating
miseries
public
prisons
founded
article
gives
great
variety
instances
system
somewhat
modified
within
memory
many
persons
interested
prison
discipline
years
ago
whole
subject
attracted
general
public
attention
main
feature
solitary
confinement
found
severe
mode
imprio
nment
phrase
confinement
applied
nearly
instances
used
means
exclusion
human
associations
intended
mitigate
statutory
enactment
regulations
persons
authority
express
exceptions
modifications
original
principle
confinement
statute
colorado
undoubtedly
framed
idea
instead
confinement
ordinary
county
prison
place
friends
reside
may
control
sheriff
see
visit
sheriff
attendants
must
see
religious
adviser
legal
counsel
may
often
visit
without
hindrance
law
subject
convict
transferred
place
imprisonment
always
implies
disgrace
judicially
decided
ex
parte
wilson
sup
mackin
sup
parkinson
sup
de
walt
sup
infamous
punishment
kept
confinement
primary
meaning
phrase
already
explained
qualifying
phrase
statute
small
mitigation
solitary
confinement
expressly
declares
one
shall
allowed
access
convict
except
certain
persons
admissible
unless
access
prisoner
accordance
prison
regulations
prescribed
board
commissioners
penitentiary
section
general
statutes
colorado
force
since
section
declares
board
commissioners
penitentiary
shall
make
rules
regulations
government
discipline
police
penitentiary
punishment
persons
confined
inconsistent
law
deem
expedient
may
particular
time
unknown
far
may
permit
access
counsel
physicians
spiritual
adviser
members
family
matter
discretion
exercise
general
rules
may
altered
time
exclude
persons
thus
prisoner
left
worst
form
solitary
confinement
even
statutory
amelioration
limited
one
words
attendants
statute
evidently
meant
officers
prison
subordinates
must
necessarily
furnish
food
clothing
make
inspection
every
day
still
exists
may
forbidden
prison
regulations
however
holding
conversation
attendance
counsel
casual
interviews
one
two
perhaps
death
physician
unless
sick
require
spiritual
adviser
selection
members
family
dependent
opportunities
seeing
prisoner
upon
regulations
prison
solitary
confinement
meant
statute
remains
essential
character
mode
prison
life
originally
prescribed
carried
mark
examples
punishment
worst
crimes
human
race
brief
counsel
prisoner
furnishes
us
statutory
history
solitary
confinement
english
law
act
geo
ii
entitled
act
better
preventing
horrid
crime
murder
preceded
following
preamble
horrid
crime
murder
late
frequently
perpetrated
formerly
whereas
thereby
become
necessary
terror
peculiar
mark
infamy
added
punishment
death
law
inflicted
shall
guilty
said
heinous
offense
follow
certain
enactments
sixth
sectiono
reads
follows
enacted
conviction
judgment
given
thereupon
jailer
keeper
criminal
shall
delivered
safe
custody
shall
confine
prisoner
cell
separate
apart
prisoners
person
persons
whatsoever
except
jailer
keeper
servants
shall
access
prisoner
without
license
first
obtained
statute
pertinent
case
us
understood
solitary
confinement
day
second
considered
additional
punishment
severe
kind
spoken
preamble
terror
peculiar
makr
infamy
added
punishment
death
great
britain
countries
public
sentiment
revolted
severity
statute
wm
iv
additional
punishment
solitary
confinement
repealed
term
post
facto
law
found
provision
constitution
state
shall
pass
bill
attainder
ex
post
facto
law
law
impairing
obligation
contracts
held
apply
criminal
laws
alone
often
subject
construction
without
making
extracts
decisions
may
said
law
passed
commission
offense
party
tried
ex
post
facto
law
inflicts
greater
punishment
law
annexed
crime
time
committed
calder
bull
dall
kring
missouri
sup
fletcher
peck
cranch
alters
situation
accused
disadvantage
one
criminally
punished
country
except
according
law
prescribed
government
sovereign
authority
imputed
offense
committed
law
passed
afterwards
punishment
increased
seems
us
considerations
suggested
show
solitary
confinement
prisoner
subjected
statute
colorado
judgment
pursuance
statute
additional
punishment
important
painful
character
therefore
forbidden
provision
constitution
another
provision
statute
supposed
liable
objection
ex
post
facto
character
found
section
particular
day
hour
execution
sentence
within
week
specified
warrant
shall
fixed
warden
shall
invite
present
certain
persons
named
chaplain
physician
surgeon
spiritual
adviser
convict
six
reputable
citizens
state
full
age
time
fixed
said
warden
exeuction
shall
kept
secret
manner
divulged
except
privately
said
persons
invited
present
aforesaid
persons
shall
divulge
invitation
person
persons
whomsoever
manner
disclose
time
execution
section
provides
person
shall
violate
omit
comply
requirements
section
act
shall
punished
fine
imprisonment
understand
meaning
section
within
one
week
mentioned
judgment
warden
charged
power
fixing
precise
day
hour
prisoner
shall
executed
forbidden
communicate
time
prisoner
persons
directed
invite
present
execution
forbidden
communicate
time
fact
prisoner
kept
utter
ignorance
day
hour
mortal
life
shall
terminated
hanging
moment
rives
act
done
objections
made
provision
departure
law
stood
additional
punishment
prisoner
therefore
ex
post
facto
obvious
confers
upon
warden
penitentiary
power
heretofore
solely
confided
therefore
departure
law
stood
crime
committed
withhold
conviction
proposition
prisoner
sentenced
death
confined
penitentiary
awaiting
execution
sentence
one
horrible
feelings
subjected
time
uncertainty
whole
may
exist
period
four
weeks
precise
time
execution
shall
take
place
notwithstanding
argument
former
systems
administering
capital
punishment
officer
appointed
execute
right
select
time
day
done
new
power
fixing
day
hour
period
week
execution
new
important
power
conferred
officer
departure
law
existed
time
offense
committed
secrecy
must
accompanied
immense
mental
anxiety
amounting
great
increase
offender
punishment
provisions
statute
pointed
argument
counsel
alleged
subject
objection
think
two
mentioned
quite
sufficient
show
constitution
violated
statute
applied
crimes
committed
came
force
considerations
render
duty
order
release
prisoner
custody
warden
penitentiary
colorado
held
judgment
order
question
suggests
however
little
embarrassing
presented
counsel
argument
case
consideration
arises
fact
seem
record
us
error
proceedings
trial
verdict
jury
party
convicted
murder
first
degree
sentence
judgment
upon
verdict
entered
error
proceedings
commences
language
judgment
prisoner
ordered
warden
penitentiary
solitary
confinement
day
execution
knowledge
day
hour
execution
statute
withheld
constitution
violated
additional
punishments
inflicted
reason
direction
statute
seen
ex
post
facto
law
respects
void
forbidden
constitution
writ
error
colorado
kring
case
writ
error
missouri
duty
plain
namely
reverse
judgment
error
found
remand
case
state
proceedings
case
us
duty
reverse
judgment
remand
case
deal
prisoner
face
fact
verdict
guilty
valid
legal
remains
unenforced
writ
habeas
corpus
anything
else
discharge
prisoner
wrongful
confinement
penitentiary
statute
colorado
invalid
case
language
act
congress
however
seems
contemplated
emergency
kind
us
section
revised
statutes
declares
justice
judge
prisoner
may
brought
writ
habeas
corpus
shall
proceed
ina
summary
way
determine
facts
case
hearing
testimony
argument
thereupon
dispose
party
law
justice
require
disposition
shall
make
prisoner
entitled
discharge
custody
warden
penitentiary
order
judgment
within
language
section
custody
violation
constitution
nevertheless
guilty
record
us
shows
crime
murder
first
degree
think
authorized
remand
prisoner
custody
sheriff
proper
county
proceeded
colorado
condemned
manner
may
think
proper
apparent
statute
held
custody
ex
post
facto
law
regard
offense
repeals
former
law
might
otherwise
punished
advised
whether
possesses
power
deal
prisoner
question
us
acted
upon
neither
inclination
duty
decide
may
may
regard
case
stands
upon
whole
due
deliberation
come
conclusion
attorney
general
state
colorado
shall
notified
warden
penitentiary
precise
time
release
prisoner
custody
present
sentence
warrant
least
days
beforehand
time
shall
discharge
prisoner
custody
order
consideration
application
discharge
petitioner
james
medley
writ
habeas
corpus
directing
lamping
warden
state
penitentiary
state
colorado
canon
city
fremont
county
state
colorado
produce
body
said
james
medley
certify
cause
detention
imprisonment
duly
issued
served
said
lamping
warden
aforesaid
certified
said
james
medley
detained
custody
virtue
writ
issued
district
arapahoe
county
state
colorado
cause
said
imprisonment
duly
inquired
upon
return
said
writ
habeas
corpus
heretofore
issued
herein
counsel
heretofore
heard
due
consideration
ordered
imprisonment
said
james
medley
said
writ
issued
district
arapahoe
county
state
colorado
without
authority
law
violation
constituion
said
james
medley
entitled
liberty
whereupon
hereby
ordered
said
james
medley
hereby
discharged
said
imprisonment
ordered
said
lamping
warden
aforesaid
notify
attorney
general
state
colorado
day
hour
day
discharge
said
james
medley
imprisonment
notice
given
least
days
release
prisoner
brewer
dissenting
dissent
opinion
judgment
declared
substantial
punishment
imposed
statute
death
hanging
differences
two
manner
sentence
death
shall
carried
execution
trifling
old
law
execution
must
within
days
day
sentence
new
within
days
old
ment
prior
execution
county
jail
new
penitentiary
old
sheriff
hangman
new
warden
old
one
right
access
condemned
except
counsel
though
sheriff
might
discretion
permit
one
see
new
attendants
counsel
physician
spiritual
adviser
members
family
right
access
one
else
permitted
see
old
confinement
might
absolutely
solitary
discretion
sheriff
single
interruption
new
access
given
matter
right
permitted
see
true
access
subject
prison
regulations
jail
single
authorized
access
counsel
subject
jail
regulations
assumed
either
regulations
unreasonable
operate
prevent
access
proper
time
surely
see
condemned
right
access
subject
regulations
prison
seems
misnomer
call
confinement
harsh
sense
phrase
sometimes
used
meant
condemned
murderer
shall
permitted
hold
anything
like
public
reception
gaping
crowd
shall
excluded
presence
old
law
sheriff
fixes
hour
within
prescribed
day
new
warden
fixes
hour
day
within
named
week
differences
find
two
statutes
worthy
mention
ever
case
maxim
minimis
non
curat
lex
wholesome
application
yet
account
differences
convicted
murderer
escape
death
deserves
turned
loose
society
authorized
say
justice
bradley
concurs
dissent