Case Summary

On behalf of Edward and Martha Shelmidine, William H. Moore petitioned for a writ of habeas corpus claiming that they were unlawfully detained by Gable (first name unknown), a marshal in Waverly, Nebraska. Judge Cornish granted the petition. In Gable's response, he alleges that he is holding the couple on orders of the Governor of Texas, Joseph D. Sayers, who issued an extradition warrant. In case files, Martha Shelmidine is also referred to as Mrs. M. M. Claxton. After reviewing evidence, Judge Cornish allowed the writ and ordered that the Shelmidines be released from custody. According to secondary source research, Martha was allegedly previously married in Texas and married Edward in Nebraska. She was allegedly facing charges of bigamy in Texas, which is presumably why Sayers issued an extradition warrant.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Cause unspecified

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #34: April 1899-Jan. 1900, p. 190-191; 195-196; 200; RG207 Lancaster County Subgroup 9: Series 3 Appearance Docket 25, p. 74; RG207 Lancaster County Subgroup 9: Series 5 Complete Record 254, p. 389-393

Source material(s)

Complete Record | Docket | Journal

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

People

• Shelmidine, Edward (bound party)
• Shelmidine, Martha (Mrs. M. M. Claxton) (bound party)
• Moore, William H. (petitioner)
• Gable, (respondent)
• Gable, (responding party)
• Gable, (holding party)
• Sayers, Joseph D. (authority ordering detention)
• Lane, A. W. (petitioner attorney)
• Selleck, (petitioner attorney)
• Abbott, (petitioner attorney)
• Caldwell, James L. (respondent attorney)
• Cornish, Albert J. (judge)

• Additional parties

  Henderson, J. F. (affiant, city marshal)

  Dedder, C. B. (sender of telegram)

  Mallalieu, J. H. (clerk)

  Boettcher, C. O. (deputy clerk)

  Trompen, John J. (sheriff)