- Ex parte Yerger
"Ex parte Yerger", 75 U.S. (8 Wall.) 85 (1869), was not heard by the
Supreme Court of the United States ; it was ahabeas corpus case that became moot when Yerger was released before the court ruling.In 1869 Edward M. Yerger stabbed to death Maj. Joseph G. Crane, who was the acting
mayor ofJackson, Mississippi . Military authorities arrested Yerger and put him on trial by a military commission. During the trial Yerger sought a writ of habeas corpus from thecircuit court under the Judiciary Act of 1789, and, when the court denied him relief, he appealed to the Supreme Court. The circuit court upheld the military'sjurisdiction under theFirst Reconstruction Act of 1867 .Chief Justice Chase noted that in 1868 the
United States Congress had taken away one route to a habeas corpus hearing before the court, which led to the decision in "Ex parte McCardle ", 74 U.S. 506 (1869). In that case, however, the court had noted that it could still hear cases of a similar nature under its appellate jurisdiction provided by theJudiciary Act of 1789 . Chase concluded that the court had jurisdiction to hear the case and the power to direct itswrit at a military officer. At this point theattorney general and Yerger's counsel worked out a compromise in which the prisoner was turned over to civilian authorities for prosecution in Mississippi. The court was not actually forced to confront Congress on issues involving Reconstruction, and Congress in turn abandoned plans to completely abolish the court'sappellate jurisdiction in habeas corpus cases.Yerger was placed in a Mississippi jail, but released on bail and quickly moved toBaltimore , where he died in 1875, never having been tried for murder.ource
*PAUL FINKELMAN & MELVIN I. UROFSKY, Ex parte Yerger, in LANDMARK DECISIONS OF THE UNITED STATES SUPREME COURT (2003), available in CQ ELECTRONIC LIBRARY, CQ Supreme Court Collection, http://library.cqpress.com/scc/lndmrk03-113-6430-338597 (last visited April 4, 2007). Document ID: lndmrk03-113-6430-338597.
ee also
*
List of United States Supreme Court cases, volume 75
Wikimedia Foundation. 2010.