Re Writ Ben F. Sikes, Attorney General Civil Case No. 1062

              IN THE DISTRICT COURT IN AND FOR TULSA COUNTY, STATE OF OKLAHOMA.

 IN RE APPLICATION FOR WRIT OF HABEAS CORPUS ON BEHALF OF BEN F. SIKES.
 TO THE HONORABLE ALBERT C. HUNT, JUDGE OF SAID COURT:
 BAIRD H. MARKHAM, duly appointed, qualified and acting Adjutant General  of the State of Oklahoma, in charge of the Military forces of said state,  states to this Honorable Court:
 That by virtue of authority vested in me, I hold the said Ben F. Sikes  under my order and under order of a duly constituted Military Commission  now investigating law violations in Tulsa County, Oklahoma; that said  Ben F. Sikes, is being held to be used as a witness before a grand jury  now sitting in Wagoner County, Oklahoma, in the investigation of a riot  charge against alleged joint offenders with said petitioner, to which he,  the said petitioner has already entered a plea of guilty and has been  sentenced for a term of two years in the penitentiary by judgment of this  court; that a stay of execution or reprieve was granted by the Governor of  this state for a period of fifteen days from the date of said judgment and  sentence; that a second stay of execution or reprieve for a like period  in order that said petitioner could be used as a witness, was issued by  the Governor, which said second reprieve or stay of execution has not  expired; that when the said petitioner has testified before the grand  jury of Wagoner County, or when it is determined that his testimony will not  be required by said grand jury, which fact