PER CURIAM.
The petitioner, Charley Smith, on February 6, 1911, filed in this court a petition signed and verified by his oath wherein he avers that he is illegally restrained of his liberty by Jack Spain, sheriff of Oklahoma county. And now on this 10th day of February, in open court, the petitioner and respondent being present and represented by counsel, it is considered and adjudged by the court that the writ of habeas corpus be discharged and petitioner remanded to the custody of the respondent.