Case Summary

Frank G. Bevans petitioned for a writ of habeas corpus claiming that his ten-year-old biological daughter, Gussie Bevans, was being deprived of her liberty by Frank's ex-wife and Gussie's mother, Winnie Crandall. Frank and Winnie had divorced years previously, and the court awarded custody to Mrs. F. L. Knight, Winnie's sister and Gussie's aunt. Judge Holmes granted the petition. In her response, Crandall claimed that Frank should not be given custody because he lives in Wyoming and that Knight was not a proper guardian because he had moved with his family to York, Nebraska—away from Crandall. Frank objected to having his daughter in Winnie's custody, as he didn't want his daughter under her husband's influence. After reviewing the evidence, Judge Holmes ruled that custody of the bound party would be awarded to Louise R. Upton, Matron of the School for Girls (Brownell Hall) in Omaha, Nebraska for five years. Frank G. Bevans filed two additional motions, one in June of 1900 and one in June of 1901, requesting that Gussie Bevans be allowed to spend summer vacation with her parents (equally split between them), which all parties agreed to. The 1910 Census shows that Gussie was living with Frank in Augusta, Wyoming.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Sites of significance

• School For Girls (Omaha, Nebraska)

Outcome

Writ denied

Fate of bound party

Custody transferred to third party

Case Citation

RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #37: Feb. 1900-Dec. 1900, p. 229;282; 295-297; 460; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #38: Dec. 1900-Nov. 1901, p.449; RG207 Lancaster County Subgroup 9: Series 3 Appearance Docket 26, p. 156; RG207 Lancaster County Subgroup 9: Series 5 Complete Record 302, p. 260-272

Source material(s)

Journal | Docket | Complete Record

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

Tag(s)

• Children

People

• Bevans, Frank G. (petitioner)
• Bevans, Gussie (bound party)
• Crandall, Winnie (respondent)
• Crandall, Winnie (responding party)
• Crandall, Winnie (holding party)
• Morning, William McClellen (petitioner attorney)
• Berge, George W. (petitioner attorney)
• Wolfenberger, Andrew G. (respondent attorney)
• Williams, Thomas F. (respondent attorney)
• Holmes, Edward P. (judge)

• Additional parties

  Crandall, W.H. [Winnie Crandall's husband and Gussie's stepfather]

  Crooks, John (deponent)

  Crooks, Ella (deponent)

  Ferber, Ed (deponent)

  Armitage, Ada (deponent)

  Beltz, Elmer T. (deponent)

  Beltz, Mary (deponent)

  Carpenter, Charles E. (deponent)

  Black, Joseph (deponent)

  Stevens, Henry L. (deponent)

  Balch, Henry G. (deponent)

  Bramel, Charles W. (deponent)

  Yund, Charles (deponent)

  Hay, John W. (deponent)

  Smith, Bertha (deponent)

  Downey, Stephen W. (deponent)

  Fraser, Albert H. (deponent)

  Downer, Corlett (deponent)

  Fenwick, James M. (district court commissioner)

  Crandall, William (husband of respondent)

  Phillips, W. C. (clerk)

  Baer, Jacob S. (deputy clerk)

  Branson, Z. S. (sheriff)

  Gable, R. C. (deputy sheriff)

  Crandall, W. L. (deputy clerk)

  Hedges, Emma L. (notary public)

  Knight, F. L. (court-appointed guardian of bound party)

  Upton, Loise R. (court-appointed guardian of bound party)