Case Summary

In October 1915, Edward Krause was arrested in Washington for the alleged crime of kidnapping one William Christie in Alaska. The U.S. Commissioner ruled that Krause be taken to the Territory of Alaska at Juneau to face a grand jury. Krause petitioned for a writ of habeas corpus stating that the illegal acts charged to the petitioner, are not in violation of the law of the United States, only the laws of the territory of Alaska. Judge Neterer authorized the writ. In his final ruling Judge Neterer stated the main question was whether the petitioner shall be removed to the district court of Alaska. Neterer balanced competing precedents regarding the jurisdiction of the district court of Alaska and stated there is a line of demarcation placed by Congress between the local laws affecting the territory and laws affecting all states and territories. The final ruling was that the United States government did not have the power to extradite Krause as the offense charged, kidnapping, was not an offense under any law of the United States. Netererer noted that Alaska was not without remedy, as they had their own extradition laws. Supplemental research shows that Krause was eventually extradited to Alaska where he faced trial for a multitude of crimes including kidnapping, murder, robbery, impersonating an officer, and fraudulent use of mail. Krause was convicted of first degree murder for killing J.O Plunkett and was given the death penalty. Before his execution, Krause escaped the Federal Jail in Juneau and was later shot by a local after they recognized him from local media.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Kidnapping

Outcome

Writ allowed

Fate of bound party

Remained in custody

Case Citation

RG21 US District Courts, Western District of Washington, Seattle, Records of the Northern Division, Case Files, 1890-1972, No. 3166

Source material(s)

Case File

Length of case file

Between 11 and 20 pages

Repository(s)

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

State

• Washington

Point(s) of law cited

Section 27 Alaska Criminal Code|Act of Congress of August 24, 1912|Section 1014 of the Revised Statutes|Warren 192 Fed. 458|Coquitlam, 163 U.S. 346|Section 15 of the Act of March 3, 1891|McAllister v. United States, 141 U.S. 174, 179|Section 7 of the Act of May 17, 1884, 23 Statute|United States v. Henkle, 198 U.S. 1.|United States v. Haskin, No. 15322 Federal Cases|Section 5278 of Revised Statutes|Morgan, 28 Fed. 298. Ex Parte Reggul, 114 U.S. 642, Section 2502 at Page 771 of the Laws of Alaska Code|Section 410 of the Act of August 24, 1912, 37 St. 512|Section 2099 of the Laws of Alaska|Allen v. Meter, 1 Alaska Rp. 114|United States v. Jackson, 102 Fed. 478|United States v. Pridgeon, 153 U.S. 48.|Maxwell v. Federal Gold & Copper Co., 155 Fed. 111|In re Moran, 203 U.S. 96|United States v, Jones, Adms., 236 U.S. 106

Tag(s)

• Death penalty
• Extradition

People

• Krause, Edward (Edward Slompke) (petitioner)
• Krause, Edward (Edward Slompke) (bound party)
• O'Bryan , J. Grattan (petitioner attorney)
• Krauczunas, Kazis (petitioner attorney)
• Allen, Clay (respondent attorney)
• Martin, Winter S. (respondent attorney)
• McClelland, Robert W. (McClellan) (authority ordering detention)
• Neterer, Jeremiah (judge)

• Additional parties

  Christie, William (Missing party)

  Crosby, Frank L. (Clerk);