Case Summary

Francisco and Carolina Marino petitioned for a writ of Habeas Corpus, claiming that their minor son, Joseph, was being held unlawfully on the U.S. naval vessel "Wisconsin." They were represented by the lawfirm Preston, Carr, and Gilman, but their individual attorney is not named in the documents. The respondent, Lt. Cmdr. H. T. Mayo of the Wisconsin claimed and provided evidence that Joseph claimed to be "eighteen years and one month" and swore an oath to that effect at his enlistment. The respondent also stated that they would return Joseph if it was demonstrated that he was a minor, but that he would then be "liable for punishment by a Naval Court Martial" for fraudulent enlistment. Judge Hanford ruled that Joseph was a minor and canceled his enlistment. It is unknown whether Joseph did face a naval proceeding.

Case Information

Petition type(s)

• Institutional

Petition subtype(s)

• Underage military enlistment
• Child custody

Sites of significance

• U.S. Naval Vessel "Wisconsin" (Seattle, 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

Repository(s)

• National Archives and Records Administration, Seattle Branch, Washington (Seattle, WA) (Seattle, Washington)

State

• Washington

Tag(s)

• Military
• Children

People

• Marino, Joseph (bound party)
• Marino, Ferdinand (petitioner)
• Marino, Carolina Beluscia (petitioner)
• Hanford, Cornelius Holgate (judge)
• Mayo, H. T. (respondent)
• McCalla, D. H. (holding party)

• Additional parties

  Murphy, James (Notary Public)

  Ayres, Reeves (Clerk)

  Moore, A. N. (Deputy)

  Hopkins, C.B. (US Marshal)