Case Summary

In June 1919, Charles Hoban filed a petition for a writ of Habeas Corpus on the grounds he was unlawfully imprisoned and restrained of his liberty. Hoban was charged with stealing an automobile and receiving a stolen automobile, and Police Judge, Charles E. Foster, set bail at $10,000, which the petition alleged was excessive. Respondent M. L. Clark, stated he had authority for holding Hoban on account of three arrest warrants issued by Charles E. Foster prior. Judge William A. Redick authorized the writ of Habeas Corpus, and required the magistrate to set bail at $2,500 for each of the three complaints against Hoban. The petitioner was remanded to custody subject to bail.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Stealing an automobile
• Receiving a stolen automobile

Sites of significance

• Omaha City Jail (Omaha, Nebraska)

Outcome

Writ denied

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. 344; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 85: Doc. 21-342 to 21-471, Jun. 26, 1919 - Aug. 13, 1919, No. 21-344

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

• Hoban, Charles (petitioner)
• Hoban, Charles (bound party)
• O’Sullivan, Eugene D. (E. D.) (petitioner attorney)
• Eberstein, Marshall (respondent)
• Vanous, Anton (respondent)
• Burns, John (respondent)
• Clark, Michael L. (respondent)
• Clark, Michael L. (responding party)
• Clark, Michael L. (holding party)
• Clayton, Sherman (respondent)
• Clayton, Sherman (responding party)
• Clayton, Sherman (holding party)

• Additional parties

  Shotwell, A.V. (County Attorney)

  Smith, Robert (Clerk)

  Lovely, James M. (Notary Public);