Case Summary

William George Clarke, a man from Chicago, petitioned for a writ of habeas corpus claiming that his two sons, Holley (19) and Caryl (8), were being deprived of their freedom by Mary E. Lyon and H. E. Wood. The respondents were the half-brother and in-law, respectively, of Annie Carpenter Clarke, the deceased ex-wife of the petitioner and mother of the bound party who had moved to Lancaster County with the children following the divorce in 1901. Judge Holmes granted the petition. The respondents claimed that they were appointed guardians of the bound party and given control of Annie's estate by her request after her death in 1906. They also alleged that the petitioner did not ever financially support his children after the divorce. Additionally, they claimed that he had a violent temper and was addicted to "intoxicating liquors," thus not making him a suitable guardian for his children. After hearing evidence, Judge Holmes denied the writ and ordered that the children remain in custody of Lyon and Wood, but that the petitioner be able to visit them at seasonable times. In the Court's decision, they also mention that the petitioner was currently going through another divorce from his second wife. Clarke then moved for the Court to grant him a new trial, which was overruled. The appearance docket shows that the Nebraska Supreme Court affirmed the Court's decision in 1909.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #49: March 1906-March 1907, p. 657-658; 683; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #50: March 1907-Jan. 1908, p. 67; 68; 70; 72-73; 202; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #51: March 1907-Dec. 1907, p. 108; RG207 Lancaster County Subgroup 9: Series 3 Appearance Docket G, p. 167; RG207 Lancaster County Subgroup 9: Series 5 Complete Record T, p. 169-185

Source material(s)

Journal | Docket | Complete Record

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

Tag(s)

• Appeal
• Children

People

• Clarke, William George (petitioner)
• Clarke, Holley Lyon (bound party)
• Clarke, Caryl Chapin (bound party)
• Lyon, Mary E. (respondent)
• Lyon, Mary E. (responding party)
• Lyon, Mary E. (holding party)
• Wood, H. E. (respondent)
• Wood, H. E. (responding party)
• Wood, H. E. (holding party)
• Holmes, Edward P. (judge)
• Boehmer, Frank A. (petitioner attorney)
• Adams, George A. (petitioner attorney)
• Woods, Carlos J. (respondent attorney)
• Rose, Halleck F. (respondent attorney)

• Additional parties

  Bidwell Jr., Joseph E. (clerk)

  Long, Dr. (witness)

  Butter, Mary E. (witness)

  Jackson, Rachel (witness)

  McKinnon, M. C. (witness)

  Wood, Mrs. H. E. (witness)

  Mason. Lewis F. (witness)

  Ward, C. J. (judge)

  Phillips, W. C. (clerk)

  Clarke, Annie Carpenter (late mother of the bound parties, late wife of the petitioner, relative of the respondents)