Case Summary

Isaaiah Miller (representing himself) filed a petition for a writ of habeas corpus on behalf of his two minor children, Eva L. Miller (16) and Jessie M. Miller (12). Their petition was filed alleging that both children were being unlawfully detained by Mother Superior Raphael of the Convent of the Good Shepherd in South Omaha, Nebraska. Neither their mother or father placed the children in the care of the Mother Superior, they were placed in the care of said convent by an unknown person while their father was sick. Once Mr. Miller was well and was made aware of the children’s location, he went to the Convent and demanded that the Mother Superior permit him to take the children back into his care. The Mother Superior denied his request and ordered him to not attempt to see the children anymore. He was informed that he would not be permitted to see or visit his children and would not be allowed to take the children from the Convent. They assert further that the Mother Superior forced the children to perform “hard and medial work … without any compensation” and that those under her control suffered “many and great indignities against their will.” The Writ was submitted by Eva, Jessie, and Isaaiah Miller on 4 June 1895 and was signed and sworn by Mr. Miller and George W. Covell (notary public) The District Court, led by Judge Cunningham R. Scott, issued a writ in favor of Mr. Miller and his children, directed at Mother Superior Raphael returnable on 20 June 1895. Mother Superior Raphael asserted that she took control and custody of the minor children because their parents were not able to care for them. She states further that she took custody at the request of the “Women’s Christian Association of Davenport, Iowa” on the grounds that the parents weren’t capable of bringing up the children. She asserted that Mr. Miller could regain custody of his children if he brought documentation identifying them as his children and showing that he had a cause for custody. District Court Clerk Frank E. Moore filed a document showing cause for custody on 20 June 1895, the day that the parties were ordered to appear in Court. The fate of the bound parties is not directly listed.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ allowed

Fate of bound party

Unknown

Case Citation

History Nebraska, RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 2: General Index Books & Court Journals, Vol. 38: Mar. 7, 1895 - Aug. 23, 1895, pp. 552-3; Douglas County District Court, Civil Appearance Docket Files, Project No. 45, Roll 665: Doc. 51-51 to 51-104, No. 51-93

Source material(s)

Journal | Case File

Length of case file

Between 11 and 20 pages

Repository(s)

• History Nebraska (Lincoln, Nebraska)
• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

Tag(s)

• Children

People

• Scott, Cunningham R. (judge)
• Miller, Jessie M. (bound party)
• Miller, Eva L. (bound party)
• Miller, Isaaiah (petitioner)
• Raphael, Mother Superior (Sister M. Raphael, Mary of St. Raphael Moran, Mother Raphael, M. Raphael Moran) (holding party)

• Additional parties

  Covell, George W. (Notary)

  Moore, Frank E. (Clerk)

  Keysor, W. W. (Additional Circut Court Judge)

  Duffie, Edward R. (Additional Circut Court Judge)

  Blair, Joseph H. (Additional Circut Court Judge)

  Hopewell, M. R. (Additional Circut Court Judge)

  Ambrose, Geo W. (Additional Circut Court Judge)

  Furgeson, A. N. (Additional Circut Court Judge)