In the matter of the application of Frank Jones for Writ of Habeas Corpus for Ray Jones and Madeline Jones
July 24, 1919
- October 1, 1921
Petitioned on July 24, 1919
Filed before the Douglas County District Court (Omaha, Nebraska)
Case ID: hc.case.ne.1263
Case Summary
On January 7, 1919, Iris Jones left her common-law husband, Frank Jones, taking their two children, Ray, age 5, and Madeleine, age 3, with her. Iris relocated from the family's previous home at 2812 Davenport St. in Omaha to the home of one Antone Paulsen at 2769 Capitol Avenue, who she soon married. She also took Thelma West, her daughter from a previous marriage. While the couple was living in Omaha with the children, their home was investigated by the Juvenile Authorities of the City of Omaha, after which they skipped town for St. Louis, leaving Ray in the custody of Iris's brother, Clyde McNamet, in Davenport, Iowa. However, on June 1, 1919, Iris and Antone returned to Omaha with the children, placing them in the custody of Etta Jackson, a widow who ran a children's home. Iris continued to support the children by working at a restaurant. Frank visited Mrs. Jackson's home many times asking for custody of his children, but she refused, even though Frank maintained that he was entirely capable and had the resources to take care of his children. Apparently, one time when Frank came to retrieve his children, a crowd of around 30 of Jackson's neighbors tried to stop him, chasing after him and throwing stones, because they thought he was trying to kidnap the children. Therefore, Jones filed a writ of habeas corpus on July 24, 1919. The next day, a subpoena was filed against a man named Tony Loggia who presumably had some relation to Mrs. Jackson. While on the stand, both parties accused the other of adultery, and Iris accused Ray of cruelty. She said to the court, "Them children is all I have to live for." The writ was denied on July 30, and, for reasons unclear, the children were placed in the home of an Omaha couple, Mr. and Mrs. Herman Bianchi of 4702 N 37th St. in Omaha on May 10 of the next year. Perhaps these were distant relatives or the proprietors of another children's home. Additionally, Mr. Jones had to pay the couple $8 per week for the children's maintenance. Both Frank and Iris disapproved of this decision, filing separate motions to have the writ vacated, which it was on August 1, 1921. Mr. Jones and his new wife, Ella sued for custody on August 24, 1921, supported by a motion by Iris stating that he should receive custody, and after an extended hearing, he was granted custody on October 1 of that year. The couple reached a custody agreement where Frank would write his ex-wife frequently to let her know how the children were doing and she could visit once every three months.
Case Information
Petition type(s)
Petition subtype(s)
Outcome
Writ denied
Fate of bound party
New custody arrangement reached
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. 404; 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. 21-404
Source material(s)
Docket |
Case File
Length of case file
Between 21 and 30 pages
Repository(s)
State
Tag(s)
- Children
- Domestic violence
