In the matter of the application of Apolonio Trugillo and Apolonia Trugillo for a writ of Habeas Corpus
December 5, 1918
- May 20, 1919
Petitioned on May 13, 1919
Filed before the Douglas County District Court (Omaha, Nebraska)
Case ID: hc.case.ne.1254
Case Summary
Marseleno Cardosa was born on June 28, 1918, to parents Rosalio Cardosa and Maria Cardosa. He is referred to by multiple different names throughout the case, but Marceleno Cardosa is the most common one. His parents lived in Oreapolis, Cass County, Nebraska, and worked for the Burlington Railroad construction crew there. Unfortunately, shortly after their son's birth, on November 10, 1918, the couple died of influenza—likely the Spanish flu epidemic. Shortly after, Omaha woman Gerarda de Sauseda took up guardianship of the child, as she had no children of her own. It is unknown how she was linked to the Cardosa family. Her husband lived in Mexico, but Gerarda had not heard from him for over a year, and she was illiterate, signing her name with a cross in court documents. She petitioned to adopt the child on December 5, 1918, and after publishing a notice of the adoption in The Omaha Nebraskan, de Sauseda formally adopted the child under judge Bryce Crawford. She claimed that while Marceleno had living relatives, they had refused to care for him, and that she would care for and educate the child just as his parents would have. She had also, of course, grown to love the child while caring for it for months. However, Apolonio and Apolonia Trugillo, Marceleno's aunt and uncle, filed a writ of habeas corpus against de Sauseda on May 13, 1919, claiming that the adoption was null and void, as Douglas County never had the jurisdiction to authorize it. They claimed that Marceleno was being unlawfully detained by someone who wasn't even related to him. Notably, they called him Marceleno Cardosa, not Marceleno Sauseda, as he was referred to in court documents after the adoption. Sauseda retorted that the Trugillos already had children and weren't capable of caring for any more. She also made the point that she intended to stay in the US and educate her son in the American system of law and order. Eventually, on May 20, 1919, the Trugillos' writ was denied and dismissed, and Marceleno was remanded to de Sauseda's custody.
Case Information
Petition type(s)
Petition subtype(s)
Outcome
Writ denied|writ dismissed
Fate of bound party
Remained in custody
Case Citation
Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 21: ca. 1919, p. 212; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 84: Doc. 21-177 to 21-341, May 1, 1919 - Jun. 26, 1919, No. 21-212
Source material(s)
Docket |
Case File
Length of case file
Between 31 and 40 pages
Repository(s)
State
Tag(s)
