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Mahon V. Justice Case Analysis

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Mahon v. Justice (1888)
The Hatfield’s and the McCoy’s started off with a dispute about a hog in 1878, where Floyd Hatfield, a cousin of Devil Anse's, had the hog, but Randolph McCoy claimed it was his, saying that the "notches" (markings) on the pig's ears were McCoy, not Hatfield, marks. The matter was taken to the local Justice of the Peace, Anderson "Preacher Anse" Hatfield, who ruled for the Hatfields by the testimony of Bill Staton, a relative of both families. In June 1880, Staton was killed by two McCoy brothers, Sam and Paris, later acquitted on the grounds of self-defense. McCoy accused Floyd Hatfield, a cousin of Anderson “Devil Anse” Hatfield of stealing his pig. Plyant Mahon was related to the Hatfield family by marriage. Plyant …show more content…
Mahon was taken by Frank Phillips, who was a bounty hunter, and along with other men. The governor of Kentucky appointed Phillips on September 30th, 1887 to bring Mahon to Kentucky, but before that could happen, the governor of Kentucky made a requisition to the governor of West Virginia wanting the arrest and rendition (“the handing over of one person from one jurisdiction to another”), but the governor of West Virginia said that there needed to be an affidavit present along with the requisition. On January 12th, 1888, Phillips seized Mahon from his home and against his will. No warrant had been issued by the Governor of West Virginia after the requisition and affidavit were submitted. The governor of West Virginia stated on January 30th, 1888 that he did not feel the need to issue a warrant because he believed that Mahon was not guilty of the crime charged against him and two days later, he demanded the release of Mahon from Pike County. The governor of Kentucky denied releasing Mahon, on the grounds, “that Mahon was in the custody of the judicial department of the commonwealth, and that the release upon the grounds alleged in the demand was one which the courts would determine…” The men that kidnapped Mahon planned to put him on trial in Kentucky for attacking and murdering two of Randall’s …show more content…
The petitioner asked that he be released and set at large, then returned safely to West Virginia, but this was refused because the questions involved were judicial, not executive. Then a petition was made saying that Plyant Mahon of West Virginia was “confined and deprived” of his liberties and that the laws of habeas corpus be enforced, and then return Mahon safely to the jurisdiction of West Virginia. And the last petition came up saying that a John A. Sheppard presented to the court representing that he was a citizen of West Virginia and he was asking for a writ of habeas corpus. Afterwards, Mahon’s name was replaced for John A. Sheppard’s name and the rest of the petition was conducted in his

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