Case Summary

James McGarth and William Herbert were arrested and kept by Sheriff L.V. Wycroff on the offense of passing counterfeit coins and kept in County Jail. They petitioned for habeas, claiming that Rosevelt Scott Coles, acting as Justice of the Peace, had no jurisdiction, no sufficient complaint was made, McGarth and Herbert weren't allowed counsel, and there was no reasonable cause. Writ was granted, and McGarth and Herbert testified in court. The outcome is unknown.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Passing counterfeit currency

Sites of significance

• Seattle City Jail (Seattle, Washington)

Outcome

Writ allowed

Fate of bound party

Unknown

Case Citation

King County Government, Judicial Administration, Territorial District Court Case Files, 1867-1889, No. 2411

Source material(s)

Case File

Length of case file

Between 41 and 50 pages

Repository(s)

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

State

• Washington

People

• McGrath, James (petitioner)
• McGrath, James (bound party)
• Herbert, William (petitioner)
• Herbert, William (bound party)
• Greene, Roger Sherman (R. S.) (judge)
• Osborn, Richard (petitioner attorney)
• Hall, J. M. (petitioner attorney)
• Scott Coles, Rosevelt (Roswell) (justice of the peace)
• Wycroff, L. V. (holding party)

• Additional parties

  Seavy, James (clerk)

  Ludlow, James R. (deputy clerk)

  Mills, M. V. (King County sheriff deputy & constable)

  McGraw, J. H. (Seattle police officer)

  Eatton, James (witness on commitment, bartender)

  Wald, F. W.

  Brerrian, L. P. (witness on commitment, saloon owner)

  Mixem, J. L.

  Evershan, E. L.

  Magner, Robert

  Schmidt, V. (alibi for Magner, Robert)

  Beer, J.

  Pratet, T. M.

  Nirori, J. H.

  Surhn

  Kurme, R.

  Elton, James

  Erenham, L. G.

  Sentigo, Ronnell

  Robinson, Will

  Wunthoff, F. W.