Case Summary

The Board of Commissioners for Gosper County, Nebraska found that John Wilken was a dipsomaniac, or alcoholic, and had him admitted to the Nebraska State Hospital for the Insane "until cured but not exceeding three years." Wilken petitioned for a writ of habeas corpus, which was granted. After hearing the evidence, the judge ruled that while the hospital could admit and detain Wilken, the Board of Commissioners had exceeded their authority in sentencing him for a period of time. The writ was denied and Wilken ordered to be returned to Gosper County to appear a second time before the Board of Commissioners.

Case Information

Petition type(s)

• Institutional

Petition subtype(s)

• Insanity

Sites of significance

• Nebraska State Hospital for the Insane (Lincoln, Nebraska)

Outcome

Writ denied

Fate of bound party

Remained in custody|ordered to be re-sentenced

Case Citation

RG207 Lancaster County Subgroup 9: Series 3 Appearance Docket J, p. 192; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #60: Dec. 1911-Nov. 1912, pp. 670, 680, 692; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #62: Dec. 1912-Oct. 1913, p. 9

Source material(s)

Docket | Journal

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

People

• Wilken, John (bound party)
• Wilken, John (petitioner)
• Williams, Benjamin F. (respondent)
• Williams, Benjamin F. (responding party)
• Williams, Benjamin F. (holding party)
• Cornish, Albert J. (judge)
• Burr, Lionel C. (petitioner attorney)
• Greene, Robert J. (petitioner attorney)
• Greene, Philip F. (petitioner attorney)
• Ayers, George W. (respondent attorney)
• Martin, Grant G. (respondent attorney)

• Additional parties

  Hyers, Gus. A (sheriff)