Case Summary

On August 31, 1887, William Tinkham filed a complaint to the Justice of the Peace, John Mason. In this complaint, he alleged that, on August 28, David Kimble and A. B. Corriell were armed when they threatened to harm William and Annie Tinkham and to kill William. Mason ordered the sheriff to apprehend Kimble and Corriell to bring them before the court. On September 1, the sheriff apprehended Kimble and Corriell. On the same day, Mason subpoenaed the witnesses. The next day, the defendants pled not guilty and motioned to dismiss the trial, which was granted. Mason then ordered that William Tinkham be committed to the King County Jail until he paid $40.25 in court costs. William appealed this decision and petitioned for a writ of habeas corpus. On September 14, Judge and Chief Justice R. A. Jones ruled that Mason had “no jurisdiction or legal authority” to commit William and ordered that William be released from custody.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• No charge

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Skagit County Government, County Clerk, Territorial District Court Case Files, 1878-1889, No. 476

Source material(s)

Case File

Length of case file

Between 11 and 20 pages

Related petitions

• In the matter of the application of William W. Tinkham for a Writ of Habeas Corpus

Repository(s)

• Washington State Archives, Northwest Regional Branch (Bellingham, WA) (Bellingham, Washington)

State

• Washington

Point(s) of law cited

Territory of Washington, Plaintiff, vs. David E. Kimble and A. B. Corriell, Defendants

People

• Tinkham, William W. (petitioner)
• Tinkham, William W. (bound party)
• Burke, Thomas (petitioner attorney)
• Haller, Granville Morris (petitioner attorney)
• Gates, Jasper (respondent)
• Gates, Jasper (holding party)
• Gates, Jasper (responding party)
• Piles, Samuel L. (respondent attorney)
• Gilman, Luthene Claremont (L. C.) (respondent attorney)
• Mason, John T. (justice of the peace)
• Mason, John T. (authority ordering detention)
• Jones, Richard A. (judge)
• Jones, Richard A. (chief justice)
• Tinkham, Annie (interested party)

• Additional parties

  Barrington, Mr. (witness)

  Barrington, Mrs. (witness)

  Blodgith Sr. (witness)

  Cleary, F. D. (clerk)

  Clothier, Harrison (surety)

  Corriell, A. B. (defendant)

  English, E. G. (witness)

  Fairchild, H. A. (prosecuting attorney)

  Ford, Levi A. (witness)

  Gage, William (witness)

  Hartson, A. (witness)

  Kimble (Kimball), David E. (defendant)

  Kimble (Kimball), Ida (witness)

  Kimble (Kimball), Mrs. (witness)

  Leagerwood, W. E. (clerk)

  Lorensey, John (constable)

  Moody, J. B. (notary public)

  Moutborne, H. P. (witness)

  Ocleary, Mrs. (witness)

  Ocleary Sr. (witness)

  Porter, Mrs. (witness)

  Rowley Sr. (witness)

  Shomdy, R. (purser)

  Smith, D. (defendant attorney

  Tinkham, Annie (defendant)