Case Summary

Jay D. Crary, the petitioner, was charged alongside four other men for defrauding many people by obtaining from the victims their money and property through fraudulent pretenses for the purpose of executing such a scheme through the use of US mail. Crary and his fellow defendants defrauded others through the purchase of shares of the capital stock of Clarinda Copper Mining Company in exchange for money and property with about $2,500 ($39,258.86 in 2023) owed to the United States. One of the victims of the alleged scheme is Rev. Aloysius Monsignor Pozzi of Vineland, New Jersey. The petition for Habeas Corpus by Crary states that he has been a longtime resident of Washington and is therefore not in contact with those in the States mentioned as connected to the fraud case (NY, AZ, CO) and that no probable cause was established pertaining to his guilt in his hearings. Judge Cushman reviewed the case and evidence and found that Crary should be discharged.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Conspiracy to use united states mails for scheme to defraud

Outcome

Writ allowed

Fate of bound party

Released from 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. 0548

Source material(s)

Case File

Length of case file

Between 101 and 150 pages

Repository(s)

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

State

• Washington

Point(s) of law cited

Section 215 of the US Penal Code, devise a scheme and artifice to defraud diverse persons and for the purpose of executing such scheme and artifice, did deposit in the United States mail certain letters, writings, and circulars

People

• Cushman, Edward E. (judge)
• Boyle, John M. (respondent attorney)
• Bruener, Theodore B. (petitioner attorney)
• Crary, Jay D. (Grary) (petitioner)
• Saunders, Robert C. (respondent attorney)

• Additional parties

  Harshberger, F. M. (clerk)

  McKay, T. H. (US Commissioner)

  Secrist, John T. (deputy U.S. marshal)

  Carney, John J. (surety)

  Watkins, I. R. (surety)

  Gilchrist Jr., Alexander (clerk)

  Gilchisk, Alex (clerk)

  Delaney, John P. (former co-defendant)

  MacNerney, John S. (former co-defendant)

  Gunzel, Martin (former co-defendant)

  Hollberg, Paul J. H. (defrauded)

  Atkins, DuBois G. (defrauded)

  Bythewood, Samuel H. (defrauded)

  Braine, Emma W. (defrauded)

  Pozzi, Aloysius Monsignor (defrauded)

  Oley, Charles N. (defrauded)

  Weltzen or Woltzen, A. J. (defrauded)

  Treutel, R. A. (defrauded)

  Wilson, H. (defrauded)

  Speid, J. S. (defrauded)

  White, C. I. (unknown)

  Delaney, John P. (defendant in separate case)

  Cley, Charles N. (unknown)

  Hellberg, Paul (unknown)

  Gunzel, Martin R. (unknown)

  Caffey, Francis G. (United States attorney)

  McCarthy, Thomas D. (U. S. Marshal)

  White, John E. (unknown)

  Laken, Edm (deputy)