Case Summary

Charles Bailey was jailed in the City Jail of South Omaha for 30 days "unless discharged by the court," though he had not been found guilty of any crime. His mother, Sarah Bailey filed this habeas corpus petition on his behalf on March 29, 1907. The petition stated John Briggs, Chief of Police, and James Breen, a jailor, were holding Charles. The writ was allowed, returnable on April 1, 1907. On April 1, in Courtroom 1 of the Douglas County Courthouse, Charles was discharged.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Wrongful imprisonment

Sites of significance

• South Omaha City Jail (South Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Douglas County (NE) Criminal Appearance Docket Books, Vol. 12: ca.1907, p. 429; RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 31: Doc. 12-365 to 12-543, Mar. 5, 1907 - May 27, 1907, No. 12-429 (microfilm)

Source material(s)

Docket | Case File

Length of case file

Between 6 and 10 pages

Repository(s)

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

State

• Nebraska

People

• Macfarland, John M. (petitioner attorney)
• Troupe, A. C. (Troup) (judge)
• Bailey, Charles (bound party)
• Bailey, Sarah (petitioner)
• Briggs, John (holding party)
• Briggs, John (respondent)
• Breen, James (holding party)

• Additional parties

  Broadwell, Frank A. (Clerk)

  McDonald, John W. (sheriff).