Case Summary

Mary Marshall and her three children, Lillie, William, and Walter, were forced to enter the Home for the Friendless in 1884 after her husband, Francis Marshall, abandoned them. Shortly afterwards, William was struck ill and referred to Hattie R. Painter, a physician, and her presumed relative, Joseph Painter. His disease apparently involved "eruptions over the head" that were considered so disgusting that William was not allowed to be with the other children. In 1886, Mary Marshall petitioned for a writ of habeas corpus claiming that William Marshall was unlawfully deprived of his liberty by Hattie and Joseph Painter. In the same year, she petitioned for a divorce from Francis, claiming abandoment and extreme cruelty. After hearing testimony, Judge Pound declared that William Marshall was not deprived of his liberty. Although he ordered that William remain in the custody of the holding party, Pound ordered that the petitioner be able to visit her son at all reasonable times and that in six months she could petition to modify the custody agreement.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Sites of significance

• Home for the Friendless (Lincoln, Nebraska)

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

RG207 Lancaster County Subgroup 9: Series 4 Daily Journal L: May 25, 1885-March 5, 1886, p.389; 419; RG207 Lancaster County Subgroup 9: Series 3 Appearance Docket O, p. 246; RG207 Lancaster County Subgroup 9: Series 5 Complete Record 19, p. 383-387

Source material(s)

Journal | Docket | Complete Record

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

Tag(s)

• Children

People

• Marshall, Mary (petitioner)
• Marshall, William (bound party)
• Painter, Hattie R. (Hattie Kersey Painter) (respondent)
• Painter, Hattie R. (Hattie Kersey Painter) (responding party)
• Painter, Hattie R. (Hattie Kersey Painter) (holding party)
• Painter, Joseph H. (respondent)
• Painter, Joseph H. (responding party)
• Painter, Joseph H. (holding party)
• Foxworthy, Charles H. (petitioner attorney)
• Foxworthy, Charles N. (petitioner attorney)
• Philpot, James E. (respondent attorney)
• Pound, Stephen B. (judge)

• Additional parties

  Slaughter, Mrs. A. B. (witness)

  May, Mrs. (witness)

  Manley, R. E. Mrs. (witness)

  Roggen, Mrs. E. P. (witness)

  Hardy, Mrs. N. W. (witness)

  Davis, Mrs. A. M. (witness)

  Rogers, L. J. (witness)

  Parker, C. M. (witness)

  Rogers, Mrs. Nora (witness)

  Bingham, E. (witness)

  Melick, Samuel M. (sheriff)

  Sizer, Edward R. (clerk)

  Harrington, A. H. (deputy clerk)

  Brown, J. H. (justice of the peace)

  Marshall, Francis [Mary's ex-husband and William's father]

  Marshall, Lillie [William's older sister]