Case Summary

In September 1914, A. M. Long was convicted of larceny by the Multnomah County Circuit Court and sentenced to between one and seven years in the Oregon State Penitentiary in Salem. In February 1916, Long's attorney, Thomas Garland, petitioned for a writ of habeas corpus on his behalf, which was granted. In the petition, Garland named the "Board of Control, and the Warden and Officers of the Penitentiary of the State of Oregon" as respondent. He argued that the circuit court judge had neglected to sign Long's commitment order and that, moreover, Long had been denied his state constitutional right to a private meeting with Garland. Warden John Minto, representing the respondents, denied these charges. After hearing the evidence, the writ was denied and Long remanded into the custody of the warden. Garland appealed the decision to the Oregon Supreme Court, which upheld the decision of the lower court.

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. 34, May 1915-Oct. 1916, Accession No. 93A-19, pp. 306, 319-20, 330-1; Marion County Circuit Court Case Files, Case No. 12988

Source material(s)

Journal | Case File

Length of case file

Between 41 and 50 pages

Repository(s)

• Oregon State Archives (Salem, Oregon)

State

• Oregon

Point(s) of law cited

Article 1, Section 13, Constitution of Oregon|Article 1, Section 15, Constitution of Oregon|Section 1082, Lord’s Oregon Laws|Section 1948, Lord’s Oregon Laws

Tag(s)

• Appeal
• Corporate respondent

People

• Long, A. M. (bound party)
• Garland, Thomas L. (petitioner)
• Garland, Thomas L. (petitioner attorney)
• Minto, John W. (respondent)
• Minto, John W. (responding party)
• Minto, John W. (holding party)
• Brown, George M. (respondent attorney)
• Galloway, William (judge)
• McGinn, Henry E. (authority ordering detention)

• Additional parties

  Gehlhar, Max (clerk)

  Boyer, U. G. (deputy clerk)

  Garland, Netta A. (notary public)

  Esch, William (sheriff)

  Needham, W. I. (deputy sheriff)

  Van Winkle, I. Homer (notary public)

  Kavanaugh, J. P. (judge)

  Morrow, Robert G. (judge)

  Davis, George N. (judge)

  Gatens, William N. (judge)

  Cleeton, T. J. (judge)

  Hammersly, J. L. (deputy district attorney)

  Coffey, Jno. B. (clerk)

  Mahaffey, E. O. (deputy clerk)

  Cake, William M. (attorney)

  Matthews, O. L. (attorney)

  Mahaffety, Pat (clerk)

  Benjamin, J. M. (deputy attorney general)

  Freeman, Edith K. (surety)

  Moore, Frank A. (chief justice)

  Burnett, George H. (associate justice)

  Eakin, Robert (associate justice)

  McBride, Thomas A. (associate justice)

  Bean, Henry J. (associate justice)

  Benson, Henry L. (associate justice)

  Harris, Lawrence T. (associate justice)

  Moreland, J. C. (clerk)