In re Wahll

• Decision Date: 12 May 1890
• Citation: 42 F. 822
• Parties: In re WAHLL.
• Court: U.S. District Court — District of Minnesota

42 F. 822

In re WAHLL.

United States District Court, D. Minnesota.

May 12, 1890

Halvor Steenerson, for petitioner.

Eugene G. Hay, U.S. Dist. Atty., for respondent.

NELSON J.

A petition signed by Barney A. Wahll was presented to me on May 8, 1890. The petitioner represented and complained that he the said Wahll, is unjustly and unlawfully detained and imprisoned, and restrained of his liberty, by William M Campbell, marshal of the United States for the district of Minnesota, in the county jail at Winona, and that the cause of the petitioner's confinement, restraint, and imprisonment is a follows: That on the 4th day of April 1890, Eugene G. Hay, acting as United States district attorney for said district, made a complaint before Ambrose Tighe, a commissioner of the circuit court of the United States in said district, wherein and wereby he, the said Eugene G. Hay, attempted to charge the petitioner with having committed an offense against section 3893 of the Revised Statutes of the United States, and that the commissioner issued a warrant directed to the said Campbell, as marshal commanding him to forthwith arrest the petitioner, and bring him before Frank Ives, a commissioner of the circuit court aforesaid, residing in Crookston, in said district, there to be dealt with according to law; that the petitioner was arrested and brought before Commissioner Ives on April 22, 1890, and, upon motion of petitioner's counsel and affidavit, the examination was transferred to Commissioners George, in said district, who proceeded to hear the case, after overruling a motion to discharge on the ground that no offense was charged in the complaint and warrant, and he committed the petitioner. The warrant of commitment is as follows:

'U.S. OF AMERICA, DISTRICT OF MINNESOTA-- SS.:

'The President of the United States of America to the Marshal of the District of Minnesota and to the Keeper of the Jail of Winona, in the State of Minnesota, Greeting:

'Whereas, Barney A. Wahll has been arrested upon the oath of Eugene G. Hay, United States district attorney, for having, on or about the 19th day of April, 1889, in said district, in violation of sec. 3893 of the Revised Statutes of the United States, unlawfully, wrongfully, and knowingly deposited, and caused to be deposited, a certain letter in a post-office of the United States, to-wit, the post-office of King, in Polk county, state of Minnesota, in said district, and within the jurisdiction of this court, for mailing and delivery to one Miss Eva Johnson, of Ovetia P.O., in said Polk county, Minnesota, which said letter was written on four several sheets or pieces of paper, on each of which were illuminated comical pictures commonly known as and called 'comic valentines,' and then and there containing and consisting of indecent, obscene, lewd, and lascivious delineations, epithets, terms, words, and writing, and which said letter was then and there a lewd, obscene, and lascivious letter, and was inclosed in a sealed envelope, and containing the following superscription: 'Miss Eva Johnson, Ovetia, Polk Co., Minn.;' and the following postmark: 'King Minn Apl 19/90;' and, after an examination being this day had by me, it appearing to me that said offense had been committed, and probable cause being shown to believe said Barney A. Wahll committed said offense, as charged, I have directed that said Barney A. Wahll be held to bail, in the sum of $500, to appear at the first day of the next term of the district court of the United States for the district of Minnesota, at Winona, and he having failed to give the required bail: Now, these are, therefore, in the name and by the authority aforesaid, to command you, the said marshal, to commit the said Barney A. Wahll to the custody of the keeper of said jail of Winona, Minn., and to leave with said jailer a certified copy of this wit, and to command you, the keeper of said jail of said county, to receive the said Barney A. Wahll, prisoner of the

U.S. of America, into your custody in said jail, and him there safely to keep until he be discharged by due course of law.

'In witness whereof, I have hereunto set my hand and seal at my office in said district this 1st day of May, A.D. 1890.

'Edward George, (Seal.)

'Commissioner of the Circuit Court of the U.S. for the District of Minnesota.'

The petitioner alleges that his detention and imprisonment is by virtue of the complaint, warrant, and commitment only, and that the same are wholly void, for the reason that they, and each of them, fail to contain or allege facts sufficient to constitute an offense against the laws of the United States and that said commissioner, George, had no jurisdiction to issue the warrant of commitment, and no evidence was produced in support of said pretended charge. A writ of habeas corpus is prayed for, and a writ of certiorari to bring the evidence taken by the commissioner before the court. The petition being sworn to, a writ of habeas corpus, returnable forthwith, was issued and delivered to Marshal Campbell, who made a return certifying that he held the petitioner, Wahll, in custody by virtue of the warrant of commitment of Commissioner George, which is attached, and made part of the return, being...