Case Summary

Petitioner, George Gumm, stated that he was unlawfully deprived of his liberty by Douglas County Sheriff F. J. McShane. On 8 May 1916, a complaint was filed against Gumm, charging him with Vagrancy. He was then tried before the Omaha Police Magistrate and was sentenced to serve 90 days in the Douglas County Jail. The Police Magistrate is not named in the petition, but Charles E. Foster was serving as the Police Judge during this time period (1912-1917). This petition stated that the Police Magistrate did not have jurisdiction to try and sentence Gumm. The complaint filed by City Prosecutor T. J. McGuire referenced “Dope” and “Opium” and the Vagrant Complaint which lists Rick & Pszauowski (first names not listed) as Witnesses for the State has a note which says “Peddling Dope.” Judge Willis G. Sears ordered that the writ be issued, returnable on 24 June 1916. An Amended Petition was filed on 28 June 1916. This petition stated that the aforementioned conviction was obtained without a trial by jury and was therefore void. This petition also stated that on 3 June 1916, a pardon was issued by the Mayor of Omaha, “remitting the penalty and costs imposed upon him by said Police Magistrate, and ordering his release from custody.” Daniel Horrigan, Gumm’s attorney, stated that this petition was presented to Sheriff McShane but McShane refused to release Gumm from custody. Thus, this amended petition asked for a Writ of Habeas Corpus to be issued such that McShane abides by the Mayor’s pardon. The outcome of this amended petition is not noted.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Wrongful imprisonment

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

Outcome

Unknown

Fate of bound party

Unknown

Case Citation

Douglas County (NE) Criminal Appearance Docket Books, Vol. 18: ca.1915-1916, p. 702; RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 69: Doc. 18-605 to 18-741, Apr. 10, 1916 - Jul. 14, 1916, No. 18-702 (microfilm)

Source material(s)

Docket | Case File

Length of case file

Between 11 and 20 pages

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

Tag(s)

• Pardon

People

• Sears, Willis G. (judge)
• Foster, Charles E. (authority ordering detention)
• Foster, Charles E. (police judge)
• Horrigan, Daniel H. (Daniel H. Harrigan) (petitioner attorney)
• Magney, George A. (petitioner attorney)
• McShane, Jr., Felix J. (F. J.) (respondent)
• McShane, Jr., Felix J. (F. J.) (holding party)
• Gumm, George (petitioner)
• Gumm, George (bound party)

• Additional parties

  Palmer, Ed W. (Deputy)

  Farrel, Cornelius (Deputy)

  Smith, Robert (Clerk)

  Thomas, Dexter L. (Notary Public)

  Rick & Pszauowski (Witnesses for the State)

  McGuire, T. J. (City Prosecutor)