Case Summary
Archie B. Kelly, the petitioner and bound party, filed a Writ of Habeas Corpus to be released from McNeil Island on the charge of stealing a team of black mares from James Hall. This occurred after Johnny Augustus (sometimes called John Battiste), an indigenous man from the Colville Reservation, paid the team of mares to Kelly due to his debt of $285 on May 20th, 1914.
Afterward, James Hall, whose position is not clear but is identified as an "Indian Farmer," questioned Kelly on his possession of the houses and insisted they "belonged to the government" and took them from his possession when he was gone. After the theft, Kelly sought advice from lawyers about how to move forward and was advised to "go and get the said horses, but in doing so, not to 'break into' any enclosure" and did that. This led to his arrest for larceny. During the initial trial,l Johnny Agustus testified to Kelly's account, but Mr. Hall did argue that Augustus could not testify due to his status as an indigenous person, though the Writ does explain that Augustus was speaking "good, understandable English" in his testimony. The latter is an argument of Mr. Hall, who also went on to say that his duty is to "reform the Indians and to restore such property as they might dispose of," making Augustus not eligible to do with his property as he pleases to atone for his debt. Augustus was then not present for further proceedings because he died during the time of the trials. In the initial case the US Commissioner dismissed it, the horses were returned to Kelly, and there was no evidence of the government ownership of the horses on June 8, 1915.
But, on April 14, 1915, Kelly was arrested again for the same crime and was charged with horse stealing before a Federal Grand Jury. In cross-examination, Kelly explained that he did not intend to steal but instead thought the horses were his and did not make any attempt to conceal them.
Throughout the case, Kelly did not have consistent legal representation; he sought advice from different lawyers over time but did not have consistent representation but Raymond W. Clifford did act as attorney for petitioner at times. Additonally, he pursued appealing the case to the Supreme Court of the United States, where he explained that he was impoverished but believed that he was entitled to redress and discharge through habeas corpus. The case files do not provide an outcome but do indicate that the writ of habeas corpus was issued and Kelly was ordered to be brought before Judge Edward Cushman.
Case Information
Petition type(s)
Petition subtype(s)
Sites of significance
Outcome
Writ allowed
Fate of bound party
Unknown
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. 532
Source material(s)
Case File
Length of case file
Between 51 and 75 pages
Repository(s)
State
Point(s) of law cited
Ex part Bigelow, 193 U.S. 328, Ex parte Lange, 18 Wall 163, In re Neilson, 131 U.S. 176, In re Snow, 120 U.S. 294, Article V. Constitution
Tag(s)
