Case Summary

George Hawkins sought a writ of habeas corpus to challenge his detainment at McNeill Island in Washington State after the Ninth Circuit Court of Appeals overturned his conviction for robbery in Nome, Alaska in 1900. Bail was sought for $1,000, but the US District Attorneys for Alaska sought $3,000. On October 14 1902, after the writ of error was approved, Judge Alfred Moore in Alaska issued an order for a new trial almost a year later, the first Monday of September 1903, and that Hawkins remain incarcerated. Being of ill health and without the means to meet the bail, Hawkins claimed that he was being deprived of his liberty and a speedy trial by the refusal to relocate him to Alaska after the appeal. Judge Hanford agreed, freeing Hawkins under the condition he returns to Alaska to face retrial, he approved the writ and ordered Hawkins's release.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Robbery

Sites of significance

• McNeil Island Penitentiary (Steilacoom, Washington)

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

RG 21 US Circuit Courts, Western Disctrict of Washington, Seattle; Law Register Northern Division, 1899-1906, vol 2

Source material(s)

Case File

Length of case file

Between 31 and 40 pages

Repository(s)

• Arizona State Library, Archives, and Public Records (Phoenix, Arizona)

State

• Washington

People

• Hawkins, George (petitioner)
• Hawkins, George (bound party)
• Fenton, James E. (petitioner attorney)
• Moore, Alfred S. (authority ordering detention)
• Grigsby, Melvin (respondent attorney)
• McGinn, John L. (respondent attorney)
• Hanford, Cornelius Holgate (judge)

• Additional parties

  Drake, James (clerk for US District Court)

  Borchsenius, George V. (Clerk of US District Court of Alaska)

  Monckton, F. D. (Clerk of US Circuit Court of Appeals)

  Fuller, Melville (Chief Justice of the US Ninth Circuit Court of Appeals)

  Daniel, Rees P. (Notary)

  Allen, George (Hawkins' co-defendent in robbery case)

  Dolan, Thomas (Hawkins' co-defendent in robbery case)

  Embleton, R. J. (victim in robbery case)