Case Summary
William Gerald was indicted on 44 total counts in 1913, 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. Gerald unsuccessfully filed a writ of habeas corpus in 1914, then filed a new writ of habeas corpus on July 3rd, 1916. The petitioner claimed that he should have received a single sentence with a maximum sentence of 2 years, cited 21 similar cases to prove precedent was not followed during sentencing, and claimed that his sentence should have been reduced due to good behavior. Judge Cushman denied the writ on July 8th, 1916, claiming that the matter needed to be dealt with through an Appeal Court, rather than a writ of habeas corpus, and Gerald remained in Warden Halligan's custody.
Case Information
Petition type(s)
Petition subtype(s)
- Immigration
- Imprisoned for longer than term
- Smuggling
Sites of significance
Outcome
Writ denied
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. 2050
Source material(s)
Case File
Length of case file
Between 31 and 40 pages
Related petitions
Repository(s)
State
Point(s) of law cited
Sec. 8 & 9, Act of September, 1888
Sec. 8, Act of February 20. 1907
Woo Wai et al. v. United States, the Circuit Court of Appeals, Ninth Circuit
O’Brien v. State, 6 Tex. App. 665
Connor v. People, 18 Colo. 373, 25 L.R.A. 341, 36 Am St. Rep. 295
Johnson v. State, 3 Tex. App. 593
Love v. People, 160 Ill. 501, 32 L.R.A. 139
State v. Walker, 124 Iowa 414, 100 N.W. 354
State v. Kennedy, 177 Mo. 98, 75 S.W. 989
Rhodes v. State, 39 Tex. Cr. R. 332, 45 S.W. 1009
Renner v. State, 43 Tex. Cr. R. 347, 65 S.W. 1102
Blain v. State, 30 Tex. App. 702, 18 S.W. 861
Washwood v. United States, 136 Pac. 184
State v. Crofford, 121 Iowa 395, 96 N.W. 889
People v. Parker, 67 Mich. 222, 34 N.W. 720, 11 Am. St. Rep. 578
Spies v. People, 122 Ill. 1, 12 N.E. 865, 17 N.E. 898, 3 Am. St. Rep. 320, and note 497
McKenzie v. State, 32 Tex. Cr. R. 568, 25 S.W. 426, 40 Am. St. Rep. 795
McCaskey v. Graff, 23 Pa. 321, 62 Am Dec. 336
Pickett v. United States, 216 U.S. 456, 30 Sup. Ct. 265, 54 L. Ed. 566
Mendenhall v. United States, 119 Pac. 594
Mattox v. United States, 156 U.S. 237, 15 Sup. Ct. 337, 39 L. Ed. 409
Johnson v. State, 29 Tex. App. 151 S.W. 647
Summers v. United States, 231 U.S. 92
Act of Congress, approved June 21, 1902, and amended April 27, 1906 (vol. 6, Fed. Stat. Ann., p. 41, and Supp., 1909, p. 529)
13th Amendment of the Constitution of the United States, Sec. 1
Tag(s)
