Case Summary

Note that the events discussed in the petition took place in March 1913. Bernard Uphoff’s criminal complaint against Anthony C. Wagner was filed on 22 July 1915. Wagner’s petition for a writ of habeas corpus was filed on 9 August 1915. On 22 July 1915, Bernard Uphoff made a criminal complaint against Anthony C. Wagner before the Justice of the Peace in Logan County, CO. On 1 August 1915, the Governor of Colorado issued a requisition and demand on the Governor of Nebraska for the arrest and return of Anthony C. Wagner. The NE Governor issued a warrant for Wagner’s arrest, he was taken into custody by Chief Henry Dunn of the Omaha Police Department. The filed complaint alleged a violation of §1849 of the 1908 Colorado Revised Statutes (which concerns the fraudulent taking of another’s personal property), but the actual complaint did not charge any violation of the provisions of said section. Anthony Wagner filed a petition for a Writ of Habeas Corpus on 9 August 1915 stating that he was being unlawfully imprisoned by Omaha Chief of Police Henry Dunn and Michael Dempsey, who was the acting Chief of Police in Omaha. Dempsey is crossed out from further records and a writ was never delivered to him. He also asked that a writ be served to Samuel Patterson who was the Sheriff of Logan County, CO. Wagner’s petition alleged that his interaction with Bernard Uphoff took place in Platte County, NE. Uphoff’s complaint alleged that he and Wagner had communicated about a mortgage in March 1913 in Logan County, CO. Wagner’s petition stated that neither he nor Uphoff were in Logan County, CO during that month and, further, that they had not even communicated about the mortgage during that month. The issue was based on a specific parcel of land in Cheyenne County, NE (the Southwest Quarter of Section 31, Township 17, Range 52, West of the 6th Prime Meridian). Wagner stated that he was the true, legal owner of this parcel on 4 March 1913 and for several days thereafter. In early March of 1913, Wagner offered to purchase a “valuable” piece of real estate from Uphoff. Uphoff’s complaint stated that the value of this parcel was part of the deal made between the parties. Uphoff alleged that Wagner stated that the value of the land would grant him the income needed to pay for the real estate that Uphoff was selling. On 4 March 1913, Uphoff and Wagner negotiated a loan of $2,080.00. On 8 March 1913, Wagner conveyed his interest in the parcel to A. E. Butler. This deed was filed on 19 March 1913 in Book 11, Page 308 of the Cheyenne County, NE Deed Records. Wagner’s complaint noted that the parcel was worth at least $3,000 (exceeding the loan value between Uphoff and Wagner). Uphoff filed a complaint in Colorado. By removing the complaint from Nebraska and filing in the Colorado court system, Uphoff was able to allege wrongdoing under the aforementioned Colorado Statute (presumably, there was not a parallel statute on the books in Nebraska). At the time the complaint was filed in Colorado, Wagner was incredibly ill with tuberculosis and was unable to travel. Based on improper defense, the Logan County Justice of the Peace David Beattle filed a verdict in favor of Uphoff assessing damages at $7,000.00. Wagner’s complaint stated that, at most, he owed Uphoff $3,600.00. He stated that he would settle to pay that amount, but Uphoff refused and, instead, moved for Wagner to be arrested and made to pay the full amount. Uphoff’s complaint asserted that Wagner had fraudulently misrepresented his ownership in the parcel. Wagner’s petition stated that he had never intended to defraud Uphoff and, further, that his actions had not constituted fraud. The Appearance Docket notes that on 10 August 1915 Judge James P. English ordered that Wagner’s writ be allowed and that he be dismissed from custody.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Wrongful imprisonment
• Fraud

Sites of significance

• Unspecified Jail (, )

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Douglas County District Court, Criminal Appearance Docket Books, Vol. 18: ca.1915-1916, p. 148; Douglas County District Court, RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 65: Doc. 18-84 to 18-239, Jun. 28, 1915 - Sep. 9, 1915, No. 18-148 (microfilm)

Source material(s)

Docket | 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

Point(s) of law cited

Colorado Revised Statute § 1849 (concerning the fraudulent taking of another person's personal property)

People

• Wagner, Anthony C. (petitioner)
• Wagner, Anthony C. (bound party)
• Barrett, Patrick J. (petitioner attorney)
• Mullen, Arthur F. (petitioner attorney)
• Dunn, Henry (holding party)
• Dunn, Henry (responding party)
• Patterson, Samuel (responding party)
• Magney, George A. (respondent attorney)
• English, James P. (judge)
• Morehead, John Henry (authority ordering detention)
• Beattle, David (authority ordering detention)
• Beattle, David (justice of the peace)

• Additional parties

  McShane, Felix J. (Douglas County Sheriff)

  Foster, W. A. (Deputy Sheriff)

  Smith, Robert (Clerk)

  Arthur, Frank (Notary Public)

  Dempsey, Michael (Acting Omaha Chief of Police)

  Butler, A. E. (New Owner of Land Parcel in Question)