Oral “Habeas Corpus”
An excerpt from Gary Hurt‘s “Outpost of freedom”
"I object to these proceedings.
"I am the moving party today, and I am the plaintiff and I set forth a demand for Habeas Corpus for the record, I cannot find an injured party to summon for trial and J want an order for the Sheriff to bring the injured party before the court. I need an order from the court to tell the Sheriff to bring forth the injured party.
"If this charge is criminal then the injured party must present himself with a sworn statement of the injury.
"If the nature is civil, then the original contract to which I am alleged to be a party to and have violated must be brought forward."
During the hearing that lasted nearly twenty minutes, I was threatened with contempt at least five times. Every time I tried to DEMAND Habeas Corpus, the judge would threaten me with contempt. After fifteen minutes the judge had already set the date for jury trial, and was still trying to get me to submit to jurisdiction of the court. He said that if I chose to 'represent myself that I had to answer some questions to prove my competence. I told him that I was not seeking to represent myself that I stood on my own behalf, but that if he wanted to ask me any questions, he could. If felt like answering I would. Finally, I made one more effort to complete the oration above. Although I had to raise my voice over his threats of contempt, I was finally able to complete the statement, or demand. The judge then attempted to continue on with his agenda, where I interrupted and asked, "Mr. Marblestone, are you suspending Habeas Corpus?" He seemed somewhat taken aback by this question. Within just a couple of seconds, he looked to the prosecutor and asked him to Nolle Prosse (not prosecute) the case. I walked out of court after over two years and over one hundred hours of court and/or jail time, finally relieved of the yoke of' justice".
Now it is always difficult to know exactly why a case is won. I am convinced, however, that on this occasion, although I had filed a motion for dismissal and a judicial notice based upon the true Thirteenth Amendment, that the actions of the judge indicate that he was unable to deal with an oral demand for Habeas Corpus.
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Since The Eighteenth day of the Second month
anno Domini Two thousand nine
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