In the matter of the application of Frank O'Neill - Dave Gillinsky, A. F. Pirson first and real name unknown Art Williams and William Larsen for writ of Habeas Corpus
December 10, 1919
- December 27, 1919
Petitioned on December 18, 1919
Filed before the Douglas County District Court (Omaha, Nebraska)
Case ID: hc.case.ne.1265
Case Summary
Frank O'Neill, Dave Gillinsky, A.F. Pirson, Art Williams, and William Larsen, were arrested for reportedly breaking and entering into the home of Katherin C. Allisen on 410 S. 39th St. on December 5, 1919. They were taken into custody the same day at the Electric Garage on 40th and Farnam, where they stopped to repair their car. A preliminary hearing occurred on December 6 in front of police magistrate Charles E. Foster. The men said that at this hearing, it was found that there was not probable cause to hold the men for a further trial, but Foster submitted writs of mittimus allowing sheriff Michael L. Clark to hold the men in the county jail nonetheless. Thus, the men filed a habeas corpus petition on December 18, 1919, which was allowed. A hearing on the petition occurred on December 19, but it was taken under advisement until the 22nd. On that day, O'Neill, Gillinsky, Pierson, and Williams were granted their freedom, but not Larsen for some unstated reason. An Omaha Daily Bee article indicates that Frank O'Neill was arrested for another robbery on January 24, 1920, and that somehow, the men were tried again and found guilty for the the Allison robbery on March 29, 1920. This was reversed and remanded, however, by the Nebraska Supreme Court on March 26, 1921.
Case Information
Petition type(s)
Petition subtype(s)
Sites of significance
Outcome
Writ allowed
Fate of bound party
Released from custody|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. 22: ca. 1919 - 1920, p. 39; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 88: Doc. 21-725 to 22-50, Nov. 6, 1919 - Dec. 2, 1919, No. 22-39
Source material(s)
Docket |
Case File
Length of case file
Between 21 and 30 pages
Related petitions
Repository(s)
State
