Casement

Gerald E. Casement, a federal penitentiary prisoner, sought his freedom by applying to the United States District Court Judge for the writ of habeas corpus directed to P. J. Squier, warden. The judge dismissed the petition and petitioner appeals.

Petitioner is serving a sentence imposed upon him by the United States Court for China, and the only reason given for his claimed right to be forthwith released from custody is that he was denied a jury in his trial for murder and that the Constitution of the United States guaranteed him this right.

The United States Court for China is provided for and governed by the Act of June 30, 1906, 34 Stat. 814 , 22 U.S.C.A. § 191 , et seq. In § 191, 22 U.S.C.A., it is provided in part: “A court is hereby established, to be called the United States Court for China, which shall have exclusive jurisdiction in all cases and judicial proceedings whereof jurisdiction may have been exercised, prior to June 30, 1906, by United States consuls and ministers by law and by virtue of treaties between the United States and China except insofar as the said jurisdiction is qualified by sections 192 [minor civil and criminal matters] and 193 [administration of…