Case Summary

John W. Brennan, the petitioner, was detained in California for the forgery of a post office money order. He was then imprisoned at McNeil's Island after a guilty plea to the indictment charging him. Brennan petitions on the basis that the guilty plea he entered was for an indictment that stated no offense against the government, with the contention that no copies of the orders allegedly forged are set out in the indictment or a reason for his action. Judge Cushman judged that the court had jurisdiction over him and stated that after a judgment of conviction, a prisoner cannot be released by Habeas because the indictment does not constitute a crime within the meaning of the statute.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Forging of post office money orders

Sites of significance

• McNeil Island Penitentiary (Steilacoom, Washington)

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. 0557

Source material(s)

Case File

Length of case file

Between 11 and 20 pages

Repository(s)

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

State

• Washington

Point(s) of law cited

Sec. 218, Federal Penal Code, forgery of a Post Office Money Order. Ex parte Parks, 93 U.S. 18, Ex parte Watkins, 3 Peters, 193 at 203, Ex parte Yarbrough, 110 U.S. 651 at 654

People

• Burke, Joseph C. (respondent attorney)
• Brennan, John W. (Breman) (petitioner)
• Brennan, John W. (Breman) (bound party)
• Cushman, Edward E. (judge)

• Additional parties

  Hars., F. M. (clerk)

  Parry, Thomas W. (notary public)

  Bledsoe, Benjamin F. (judge in CA)

  Williams, Charles N. (clerk)

  Smith, Edmund L. (deputy clerk)

  Hanigan L. J. (chief clerk for McNeil Island)

  Mrs. Burton, J. T. (remitter of money)

  O'Brien, William J. (remitter of money)

  Cowan Brothers (defrauded in case)

  Roseborough (postmaster)

  Nuerker, L. (accomplice)