In the matter of the complaint Martin Lawson, John Strom, Christ Anderson, Thomas Steward, Ellias Krebs, Edward Haquer, John Nickels, Peter Nelson, and Victor Martinson. Marines on board the American ship or vessel "War-Hawk" for a writ of Habeas Corpus

December 1, 1875 - December 18, 1876

Petitioned on December 14, 1876

Filed before the Third Judicial District Court for the Territory of Washington (Seattle, Washington)

Case ID: hc.case.wa.0396

Case Summary

On December 9, 1876, nine mariners were arrested and charged with desertion after refusing to take the American Ship "War Hawk" to San Francisco. The petitioners claimed they were wrongfully detained for this crime by a deputy US marshal. Instead of proceeding to the ordered location, the mariners landed at the port of discovery in Washington and were arrested there. The nine men petitioned for a writ of habeas corpus, claiming neglect was the cause for not proceeding to their ordered location. Their attorneys argued that while the "War Hawk" was able to provide the plaintiffs with suitable food, it neglected to do so and was an "unseaworthy" ship. Marshall Wyckoff responded that the said marines absented themselves without permission from the master or another officer of the said "War Hawk" and before the end of said voyage contract. John R. Lewis, a King County judge, ruled that the said plaintiffs were "illegally restrained and imprisoned of their liberty" and granted their petition.

Case Information

Petition type(s)

Carceral

Petition subtype(s)

Desertion

Sites of significance

U.S. Naval Vessel "War Hawk" (Seattle, Washington)

Outcome

Writ allowed

Fate of bound party

Not in custody

Case Citation

King County Government, Judicial Administration, Territorial District Court Case Files, 1867-1889, No. 482

Source material(s)

Case File

Length of case file

Between 21 and 30 pages

Repository(s)

Washington State Archives, Puget Sound Regional Branch (Bellevue, Washington)

State

Washington

People

Wyckoff, Louis (respondent)
Lawson, Martin (petitioner)
Lawson, Martin (bound party)
Strom, John (petitioner)
Strom, John (bound party)
Anderson, Christ (petitioner)
Anderson, Christ (bound party)
Steward, Thomas (petitioner)
Steward, Thomas (bound party)
Krebs, Ellias (petitioner)
Krebs, Ellias (bound party)
Haquer, Edward (petitioner)
Haquer, Edward (bound party)
Nickels, John (petitioner)
Nickels, John (bound party)
Nelson, Peter (petitioner)
Nelson, Peter (bound party)
Martinson, Victor (petitioner)
Martinson, Victor (bound party)
White, William H. (petitioner attorney)
Nash, L. B. (petitioner attorney)
Andrews, N. R. (petitioner attorney)
Lewis, Joseph R. (judge)
Smith, D. S. (judge)
Additional parties

Perkins, C. C. (judge)

Seely, D. W. (judge)

Brown, Beniah (deputy clerk)

Seary, James (clerk)

Hopkins, Charles (marshall)

Smith, D. S. (justice of the peace)