Case Summary

In 1903, Charles "Chick" Houghton was arrested in Multnomah County, Oregon, convicted of robbery, and sentenced to five years at the state penitentiary. In 1906, Houghton was granted "conditional clemency," or parole, by the governor and released from prison early with the understanding that he would be returned to finish his sentence if convicted of any crime. He was then arrested again in Multnomah County, convicted of larceny, and returned to the state penitentiary. Houghton appealed this decision to the state supreme court and then filed a writ of habeas corpus in the Marion County Circuit Court, which was granted. Houghton argued that his detention was illegitimate since his conviction was under appeal. After hearing the evidence, the Circuit Court dismissed Houghton's petition and remanded him to the custody of the state penitentiary. Houghton immediately appealed this decision to the state supreme court, too. In early 1907, the state supreme court upheld the lower court's ruling.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Larceny

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

Marion County Circuit Court Journal, Dept. No. 2, Vol. 25, Oct. 1903-Jan. 1907, Accession No. 93A-19, p. 589; Marion County Circuit Court Journal, Dept. No. 2, Vol. 27, Mar. 1907-Oct. 1909, Accession No. 93A-19, p. 141; Marion County Circuit Court Case Files, Case No. 8712

Source material(s)

Journal | Case File

Length of case file

Between 51 and 75 pages

Repository(s)

• Oregon State Archives (Salem, Oregon)

State

• Oregon

Tag(s)

• Appeal

People

• Houghton, Charles V. (alias Chick) (bound party)
• James, C. W. (respondent)
• Burnett, George H. (judge)
• Galloway, William (judge)
• MacMahon, M. J. (petitioner attorney)
• McDevitt, Jr., Thomas B. (petitioner attorney)
• Crawford, Andrew Murray (respondent attorney)
• Bean, Robert S. (judge)
• Moore, Frank A. (judge)
• Easkin, Robert (judge)
• Frazer, Arthur L. (authority ordering detention)
• Houghton, Charles V. (alias Chick) (petitioner)
• James, C. W. (responding party)
• James, C. W. (holding party)

• Additional parties

  Manning, John (district attorney)

  Fields, F. S. (clerk)

  Dunlap, J. L. (deputy clerk)

  Stormy, M. W. A. (sheriff)

  Chamberlain, George E. (governor of Oregon)

  Dunbar, F. I. (secretary of state of Oregon)

  Stein, David (complainant)

  Cameron, George J. (judge)

  Adams, H. B. (deputy district attorney)

  Houghton, Margaret (housewife, surety)

  Brault, A. J. (merchant, surety)

  Hennessy, F. D. (clerk)

  Smith, H. C. (deputy clerk)

  Bruin, Captain (witness)

  Hellyer, C. R. (witness)

  Sears, Jr., Alfred F. (judge)

  Cleland, John C. (judge)

  Gantenbein, C. U. (judge)

  Hall, Jess (witness)

  King, H. C. (attorney)

  Hatch, E. W. (juror)

  Kyle, B. F. (juror)

  Jones, S. C. (juror)

  Clark, George (juror)

  Zimmerman, George (juror)

  Sharp, J. (juror)

  Hauswirth, Robert (juror)

  Meier, M. (juror)

  Kroner, Ernest (juror, foreman)

  Shepherd, C. (juror)

  Farris, J. N. (juror)

  Ward, E. S. (juror)

  Bamford, H. V. (deputy clerk)

  Stevens, R. L. (sheriff)

  Jones, J. H. (deputy sheriff)

  Jenkins, William (affiant)

  Thompson, Joseph K. (affiant)

  Wilson, Tom R. (notary public)

  Scott, H. W. (deponent)

  Haney, B. E. (deputy district attorney)

  Culver, W. J. (sheriff)

  Allen, Roderic D. (clerk)

  Allen, Bertha Louise (deputy)

  Kozer, Salem A. (notary public)

  Murphy, J. J. (clerk)

  Moreland, J. C. (clerk)