Case Summary

The petition filed on 16 December 1898 states that the petitioners, Scott and McGregor, were unlawfully restrained by Sheriff McDonald. It had been alleged that the petitioners committed an assault with intent to wound (stabbing) two individuals (referenced as Jordon and Miller). The case file indicates that the two were granted a preliminary hearing and were bound to appear before the District Court. But, as the petition details, there are no actual records of this trial happening. There is no documentation of the two appearing in court, entering pleas, or being sentenced by a trial court. The two were originally brought to court on this charge and a charge for assault with intent to rob in June 1898. When those charges were brought to court, the Jury found the defendants not guilty. They had been confined in the county jail since that arrest despite the jury's conclusion. This petition asserts that the charge at hand (assault with intent to wound) was included in the questions assigned to the Jury in June. The Jury also found the petitioners not guilty on a general question of assault and battery. On 26 November 1898, Police Judge Gordon issued two separate orders to Sheriff McDonald to secure McGregor and Scott into the County Jail and keep them until they are “discharged by due course of law.” He notes that they were being held for trial in the District Court for the crime of stabbing with intent to wound on 25 June 1898. Each of their bail was set for $700.00; they were to remain in jail unless bail was posted. The petition submitted on behalf of Scott and McGregor states that the petitioners were last “arrested” around a month ago, which lines up with the date that Police Judge Gordon ordered that McDonald and Scott be held in jail until their trial before the District Court. On 16 December 1898, Judge Scott (District Court) ordered that the writ be allowed. Sheriff McDonald and Deputy Sheriff Stryker responded that the parties were being held for trial before the District Court, as ordered by Police Judge Gordon. Judge Scott heard the case on 19 December 1898 and decided that the parties would be remanded to custody, at the cost of the petitioners.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Assault with intent to wound

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Remained in custody

Case Citation

RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 4: Criminal Appearance Docket Books, 1855-1900, Vol. 4: Pages 1-401, Nov. 25, 1898 - Aug. 2, 1899, p. 51 (microfilm); RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Box 9: Doc. 4-24 to 4-137, 1898-99, No. 4-51

Source material(s)

Case File | Docket

Length of case file

Between 11 and 20 pages

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

People

• Scott, Thomas (petitioner)
• Scott, Thomas (bound party)
• McGregor, James (petitioner)
• McGregor, James (bound party)
• McDonald, John W. (holding party)
• Macfarland, John M. (petitioner attorney)
• Altschuler, Alex (petitioner attorney)
• Scott, Cunningham R. (judge)

• Additional parties

  Altschuler, Alex (Notary Public, same as petitioner attorney)

  Frank, Albyn L. (Clerk)

  Gordon, Samuel I. (Police Judge)

  Jordon (complaining party)

  Miller (complaining party)