In the Matter of the Application of Yu Gum and Yu Hung for a Writ of Habeas Corpus

In the District Court, holding terms at Seattle in King County, Washington Territory.

In the matter of the application of Yu Gum and Yu Hung for a Writ of Habeas Corpus.

No 4882

It appearing by the petition of Yu Gum and Yu Hung (Chinawomen) that they the said Yu Gum and Yu Hung are unlawfully restrained of their liberty by one Charles Henry, Deputy U.S. Marshal of Washington Territory in the County jail of King County, Washington Territory, which petition states wherein said illegality of their restraint consists, and from which it appears that a writ of habeas corpus ought to issue.

It is by me, Roger S. Greene, Judge of the above-entitled Court, ordered that a writ of Habeas Corpus, under the seal of said Court, issue, directed to the said Charles Henry, Deputy Marshal as aforesaid, commanding him to have the bodies of said Yu Gum and Yu Hung before me in the Court Room of said Court, on the 11th day of May, A.D. 1886, at the hour of 2 o'clock P.M. of that day, to do and receive what shall then and there be considered concerning the said Yu Gum and Yu Hung, together with the time and cause of their detention, and that he have then and there said writ.

Dated at Seattle, W.T. May 8th 1886.

Greene
Judge.

In the District Court, holding terms at Seattle in King County, Washington Territory.

In the matter of the application of Yu Gum and Yu Hung for a writ of Habeas Corpus.

Territory of Washington
County of King ss.

To the Honorable Roger S. Greene, Chief Justice of the Supreme Court of Washington Territory and Judge of the above-entitled Court:

Your petitioners, Yu Gum and Yu Hung (Chinawomen) respectfully show to your Honor.

I. 
That they and each of them are unlawfully imprisoned, detained, confined and restrained of their liberty by one Charles 
Henry, Deputy U.S. Marshal of Washington Territory, in the King County jail, at Seattle, King County, Washington Territory.

II. 
That the cause or pretense of said restraint, according to the best of the knowledge and belief of your petitioners, is as follows, to-wit: Your petitioners were charged, before Hon Eben Smith, U.S. Commissioner, by one W. G. Ronald, of being unlawfully within the United States, contrary to the provisions of an Act of the Congress of the United States, commonly known as the Restriction Act, and upon a hearing before said U.S. Commissioner he, the said Commissioner, decided that your petitioners were unlawfully within the United States, and that they had come thereto from the Province of British Columbia, and ordered that your petitioners be taken back to said British Columbia, and committed your petitioners to the Custody of said Charles Henry, to be deported, and your petitioners are now confined and restrained of their liberty, by the said Charles Henry, as aforesaid.

III. 
That said restraint of your petitioners is illegal and the illegality thereof consists in this to-wit: That on the hearing before said Commissioner, no evidence was adduced showing or tending to show that your petitioners, or either of them, are unlawfully within in the United States, the only evidence adduced before said Commissioner being, as follows: that your petitioners are females; that they came from Port Ludlow, Washington Territory to Seattle, Washington Territory in male attire; and that your petitioners had told a Chinese interpreter that they came to said Port Ludlow from the City of San Francisco, in the State of California in the United States, direct, without making any stop at any place, save at the City of Port Townsend

Yet notwithstanding that the above was the only testimony adduced before said Commissioner, he decided that your petitioners should be deported to British Columbia.

And your petitioners allege that they are not unlawfully within the United States, but that they have resided therein for a long period of time, to-wit: since the year 1876, and that they have not been out of the United States since said date; that your petitioners are young girls of the age of 10 and 11 years respectively; that their relatives and friends reside in the United States and your petitioners will be forever separated from them, if deported to British Columbia.

Wherefore, your petitioners pray that a Writ of Habeas Corpus may be granted, directed to said Charles Henry, Deputy U.S. Marshal of Washington Territory, commanding him to have the bodies of your petitioners before Your Honor, at a time and place therein to be named, to do and receive what shall then and there be considered by your Honor concerning them, together with the time and cause of their detention, and said writ; that your Honor will then investigate the charge against your petitioners, and restore them to liberty.

Yu Gum
her X mark

Yu Hung
her X mark

Witness U M Rasin
Luc King

Dated May 8th 1886.

Territory of Washington
County of King ss.

Yu Gum and Yu Hung, being first duly sworn, on oath deposes and says each for herself; that she is one of the petitioners above-named; that she has heard read [sic] the foregoing petition, knows the contents thereof and believes the same to be true.

Yu Gum
her X mark

Yu Hung
her X mark

Witness U M Rasin
Luc King

Subscribed and sworn to before me this 8th day of May
A.D. 1886,

U M Rasin
Notary Public

In the District Court, Of the Third Judicial District of Washington Territory, holding Terms at Seattle, for the Counties of King and Kitsap.

Habeas Corpus.

The People of the United States of America, to Charles Henry Deputy U.S. Marshall Greeting:

We command you, that you have the bodies of Yu Gum and Yu Hung by you imprisoned and detained as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name said Yu Gum and Yu Hung shall be called or charged, before the Hon. Roger S. Greene, Judge of the aforesaid Court at the Courthouse in Seattle in King County Washington Territory to do and receive what shall then and there be considered concerning the said Yu Gum and Yu Hung. 

And have you then and there this writ.

Witness the Hon. Roger S. Greene, Judge of said District Court, and the seal thereof this 8th day of May A.D. 1886

James Seavey, Clerk.
By James P Ludlow Deputy

United States of America 
Territory of Washington ss.

To the Honorable Court, of the Third Judicial District of Washington Territory. Holding terms in Seattle Co of King W.T. 

Greeting;

In reply to the command contained in the within "writ" of Habeas Corpus; I have to say that the the within named Yu Gum, and Yu Hung were placed in my official custody on the 7th day of May 1886, on an "order" made by, and delivered to me by, Eben Smith Esq. United States Commissioner for the 3rd Judicial District of Washington Territory.

The said "Order" after reciting that it has been considered and adjudged, that the said Yu Gum, and Yu Hung are Chinese Laborers unlawfully in the United States. Directs me the said Charles Henry as U.S. Marshall for W.T. to return the said Yu Gum and, Yu Hung to British Columbia from whence they came all of which will more fully appear by the attached Copies of the Orders reference whereto is hereby made.

Respectfully Submitted by
By Charles Henry.
the said Deputy U.S. Marshal.

Copy

United States of America
Territory of Washington
3rd Judicial District ss.

Before Eben Smith United States Commissioner in and for said District at Seattle King Co

The United States of America
vs
Yu Gum

Order

And now on this 7th day of May A.D. 1886 at Seattle in said King County upon trial had and due consideration of the evidence produced it is by me now considered and adjudged and hereby certified that said Yu Gum defendant above named is a Chines Laborer and not entitled to come into or remain in the United States of America

And it is further ordered and adjudged by  me that she be, by the United States Marshal of Washington Territory, returned to British Columbia that being the Country from which she came

Given under my hand and official seal at Seattle, King County Wash Territory this 7th day of May A.D. 1886

Eben Smith (Seal)
United States Commissioner in and for the 3rd Judicial Dist of Wash Territory at Seattle in King Co. (Over)

United States of America
Territory of Washington ss.

I, T. J. Hamilton, U.S. Marshal for Wash Ter.
Do hereby certify that the within is a true copy of the Original Order now in my hands for service

T. J. Hamilton
U.S. Marshal for W. T.
by Charles Henry
Deputy.

Copy

United States of America
Territory of Washington 
3rd Judicial District ss

In United States Commissioners Court 
Before Eben Smith United States Commissioner in and for said District at Seattle in King County.

The United States of America
vs
Yu Hong.

Order

And now on this 7th day of May A.D. 1886 at Seattle in said King County upon trial had and due consideration of the Evidence prduced [sic] it is by me now considered and adjudged and hereby certified, that said Yu Hong defendant afore named is a Chinese Laborer, and not entitled to come into or remain in the United States of America.

And it is further ordered and adjuded [sic] by me that she be, by the United States Marshal of Washington Territory returned to British Columbia, that being the Country from which she came

Given under my hand and official seal at Seattle Washington Territory this 7th day of May A.D. 1886

Eben Smith (seal)
United States Commissioner in and for The 3rd Judicial District of Washington Territory at Seattle in King County

United States of America
Territory of Washington ss.

I, T. J. Hamilton, U.S. Marshal for Wash Ter.
Do hereby certify that the within is a true copy of the Original Order now in my hands for service

T. J. Hamilton
U.S. Marshal for W. T.
By Charles Henry.
Deputy.

Habeas Corpus 
No 4882
Return

Filed 
May 11 1886
James Seavey, Clerk.
By James P. Ludlow
Deputy Clerk.