Case Summary

On June 25, 1916, the police took Maurice Greenwalt into custody. In his petition, he claimed that since then, they kept him imprisoned, detained, confined, and restrained on suspicion of committing robbery with Elmer Johnson in Douglas County. On June 27, 1916, there was a preliminary hearing and an examination of the witnesses, and it was conclusively shown that there was no probable cause for holding Greenwalt for robbery. So, the same day, Greenwalt petitioned for a writ of habeas corpus, claiming that he should have been discharged and the complaint should have been dismissed as a result of the ruling. He further claimed that the complaint was made without probable cause, and the evidence failed to show probable cause to hold Greenwalt. Greenwalt claimed that Felix J. McShane, Henry Schroeder, Henry W. Dunn, Steven Maloney, Michael F. Dempsey, and John Byrnes unlawfully imprisoned, detained, confined, and restrained him of his liberty. On June 27, 1916, the judge accepted the petition but removed all the named respondents in the original petition except for Sheriff McShane and County Jailer Schroeder. On June 28, 1916, the judge issued a writ of habeas corpus; however, the outcome of this proceeding is unknown.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Robbery

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

Outcome

Unknown

Fate of bound party

Unknown

Case Citation

Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 18: ca.1915-1916, p. 718; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 69: Doc. 18-605 to 18-741, Apr. 10, 1916 - Jul. 14, 1916, No. 18-718

Source material(s)

Docket | Case File

Length of case file

Between 21 and 30 pages

Repository(s)

• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

People

• Greenwalt, Maurice (Morris) (petitioner)
• Greenwalt, Maurice (Morris) (bound party)
• Jamieson, William Nicholas (Jameson) (petitioner attorney)
• McShane, Jr., Felix J. (F. J.) (respondent)
• McShane, Jr., Felix J. (F. J.) (responding party)
• McShane, Jr., Felix J. (F. J.) (holding party)
• Schroeder, Henry (holding party)
• Foster, Charles E. (police magistrate)
• Foster, Charles E. (authority ordering detention)
• Sears, Willis G. (judge)

• Additional parties

  Dunn, Henry W. (Chief of Police)

  Maloney, Steven (Chief of Detectives)

  Dempsey, Michael F. (Police Captain)

  Byrnes, John (City Jailor)

  Johnson, Elmer (additional plaintiff)

  Weiss, Fred F. (witness for the state)

  Mr. Liesch (witness on behalf of the State)

  Mrs. Weiss, Fred F. (witness on behalf of the State)

  Ahko, Louis (witness on behalf of the defendant)

  Wheeler, C. A. (witness on behalf of the defendant)

  Crompe, Joe (witness on behalf of the defendant)

  Milder, William (witness on behalf of the defendant)

  Cline, Phillip (witness on behalf of the defendant)

  Garner, Otto (witness on behalf of the defendant)

  Travis, J. C. (reporter)

  Smith, Robert (clerk)

  Steere, Asel Jr. (Deputy)

  Davis, Charles E. (Notary Public)

  Magney, A. George (County Attorney)

  Ramsey, William C. (state prosecutor)

  Travis, J. Clyde P. (Notary Public)