Case Summary

William Gerald was indicted on 44 total counts for violating Sec. 9 of the Act of Sept. 13, 1888, and Sec. 8 of the Act of Feb. 20, 1907, by attempting to smuggle 22 alien Chinese persons into the United States through Mexico. On October 19th, 1914, Gerald filed a writ of habeas corpus, claiming that he had only committed one offense, not 44, as he attempted to import one vessel or boat, and that he was entitled to a deduction in his sentence for good behavior. In response, Warden Halligan stated that he had forfeited his good time by fighting during a ball game. Judge Cushman dismissed the writ on November 9th, 1914, and ruled that Gerald would remain in the custody of Warden Halligan at McNeil Island Penitentiary.

Case Information

Petition type(s)

• Carceral
• Institutional

Petition subtype(s)

• Smuggling
• Immigration
• Imprisoned for longer than term

Sites of significance

• McNeil Island Penitentiary (Steilacoom, Washington)

Outcome

Writ dismissed

Fate of bound party

Remained in custody

Case Citation

RG 21 U.S. District Court for the Southern Division of the Western District of Washington Civil, Criminal, Admiralty, and Bankruptcy Case Files, 1890-1950, No. 1672

Source material(s)

Case File

Length of case file

Between 76 and 100 pages

Repository(s)

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

State

• Washington

Point(s) of law cited

Act of Congress, approved June 21, 1902, and amended April 27, 1906 (vol. 6, Fed. Stat. Ann., p. 41, and Supp. 1909, p. 529) Sec. 9 Act of Sept. 13, 1888 Sec. 8, Act of Feb. 20, 1907 Sec. 2, Act of June 24, 1902

Tag(s)

• Forma pauperis

People

• Gerald, William (petitioner)
• Gerald, William (bound party)
• Halligan, O. P. (respondent)
• Halligan, O. P. (holding party)
• Cushman, Edward E. (judge)

• Additional parties

  Osfeuly, Neil (Notary public)

  Corsby, Frank L. (clerk) Wellbron, Olin (Judge)

  Ellington, E. C. (deputy)

  Van Dyke, William M. (clerk)

  Owen, E. H. (deputy clerk)

  Youngworth, Leo V. (U. S. Marshal)

  Dingle, E. (deputy)

  Scott, C. E. (deputy clerk)

  Harshberger, F. M. (deputy)

  Davison, J. S. (chief deputy)

  Kincaid, Elmer L. (reporter)

  Robinson, Dudley W. (Assistant U. S. Attorney)

  McKeeby, George L. (attorney)

  Rowland, William R. (Jury Foreman)

  Williams, Charles U. (deputy clerk)

  Hing, Lee Yip (Chinese laborer Gerald tried to smuggle)

  Jeong, Leong Lin (Chinese laborer Gerald tried to smuggle)

  Nquin, Lee Dung (Chinese laborer Gerald tried to smuggle)

  Way, Lee Git (Chinese laborer Gerald tried to smuggle)

  Ling, Lee Yip (Chinese laborer Gerald tried to smuggle)

  Jeong, Leong Ging (Chinese laborer Gerald tried to smuggle)

  Kin, Lee Won (Chinese laborer Gerald tried to smuggle)

  Bew, Hong (Chinese laborer Gerald tried to smuggle)

  Lai, Yee Tin (Chinese laborer Gerald tried to smuggle)

  Jung, Chan (Chinese laborer Gerald tried to smuggle)

  Jen, Lee Yuen (Chinese laborer Gerald tried to smuggle)

  Kee, Ung Bing (Chinese laborer Gerald tried to smuggle)

  Tue, Lee Wan (Chinese laborer Gerald tried to smuggle)

  Nun, Yee (Chinese laborer Gerald tried to smuggle)

  Ngee, Jeow (Chinese laborer Gerald tried to smuggle)

  Yuen, Lee (Chinese laborer Gerald tried to smuggle)

  Ngow, Gon Sut (Chinese laborer Gerald tried to smuggle)

  Tin, Jung (Chinese laborer Gerald tried to smuggle);Heung, Moo Chee (Chinese laborer Gerald tried to smuggle)

  Nging, Lei Fat (Chinese laborer Gerald tried to smuggle)

  Jan, Lee (Chinese laborer Gerald tried to smuggle)

  Wah, Deah Yuen (Chinese laborer Gerald tried to smuggle)

  McCormick, A. I. (U. S. Attorney)

  Archbald, Harry R. (Assistant U. S. Attorney)

  Krohn, H. G. (Foreman of Jury)

  Osgood (prisoner)