Case Summary

James B. Palmer, the petitioner, filed a writ of Habeas Corpus to receive the custody of his 9-year-old daughter, Flora Palmer, from Victoria (Jennie) Hogan, the aunt of Flora. Victoria Hogan alleged that James Palmer and Flora's mother never married and that the mother of Flora is Hogan's sister (possibly cousin). Before her death, Hogan's sister gave custody of Flora Palmer to her. Further, Hogan alleged that James Palmer was a man of "vulgar and vicious" habits and financially unable to care for Flora. Palmer accused Hogan of kidnapping Flora on September 30, 1907 and threatening to shoot him if he tried to reclaim her. This was all complicated by the fact that, according to an Omaha Daily Bee article, Hogan was not only James's in-law, but also his ex-wife—while living with Victoria, James had grown attracted to her cousin, Flora's mother. It was then found that Palmer should be in the custody of Hogan, but the details of the new custody arrangement were not provided. Related to this case seems to be a proceeding that alludes to James B. Palmer stealing money from Victoria Hogan.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Sites of significance

• Home of the Good Shepherd (Omaha, Nebraska)

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

Douglas County (NE) Criminal Appearance Docket Books, Vol. 12: ca.1907, p. 770; RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 33: Doc. 12-748 to 13-117, Sep. 21, 1907 - Dec. 19, 1907, No. 12-770 (microfilm)

Source material(s)

Docket | Case File

Length of case file

Between 51 and 75 pages

Repository(s)

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

State

• Nebraska

Tag(s)

• Children

People

• Palmer, James B. (petitioner)
• Hogan, Victoria (Victoria Jessie Vanderwater) (respondent)
• Ringer, J. D. (petitioner attorney)
• Fleharty, Harry B. (H.B. Fleharty) (petitioner attorney)
• Palmer, Flora (Vandewater) (bound party)
• Camp, L. J. (petitioner attorney)
• Pancast, A. C. (responding party)

• Additional parties

  Briggs, John (defendant witness)

  Palmer, Sherley (defendant witness)

  Bingle, A. (defendant witness)

  Ryan, Nellie (defendant witness)

  Ferguson, D. M. (defendant witness)

  Sean, R. C. (defendant witness)

  Hatcher, O. (defendant witness)

  Tombrinch, Benjamin (plaintiff witness)

  Barke, William (plaintiff witness)

  Muchan, Mary (plaintiff witness)

  Putman, Hattie (plaintiff witness)

  Goorson, A. (plaintiff witness)

  Henry, A. (plaintiff witness)

  McKinney, Mrs. J. (plaintiff witness)

  Conlon, Mrs. (plaintiff witness)

  Lierney, Mrs. (plaintiff witness)

  Senich Lester (plaintiff witness)

  Smith, Mrs. L. (plaintiff witness)

  Slois, Mrs. R. (plaintiff witness)

  Smith, Robert (clerk)

  McDonald, John W. (sheriff)

  Weidt, Julia (matron of Creche, IO)

  Palmer, Girtie [James's ex-wife, Flora's mother, Hogan's cousin]