March 19, 1919 - January 30, 1920
Petitioned on March 19, 1919
Filed before the Douglas County District Court (Omaha, Nebraska)
Case ID: hc.case.ne.1273
In 1919, Thomas Kelley, James Cosgrove, Henry Wedgworth, Frank or James Keating, and Patrick Burkery were arrested for bootlegging in Omaha, Nebraska, where they lived. This scheme allegedly allowed 3,000 cases of whiskey to cross the Nebraska-Iowa border via the use of motor boats. According to the Omaha Daily Bee, it was organized by a group of Omaha Italians. However, this was done on the orders of the sheriff of Pottawattamie County, Iowa, and he ordered the men to be taken to the state line. Because of this, they filed for a writ of habeas corpus on March 29, 1919, arguing that they were innocent of the crime and that the Iowa sheriff had no constitutional right to have them arrested in another state and then taken back to Iowa. Although their writ was allowed, the case was eventually dismissed on June 30, 1920, for a want of prosecution, and the petitioners had to pay all court costs. The Omaha Daily Bee says that the men were all released on bond on March 24, 1919. However, he was arrested again, allegedly for the 28th time, in the February of 1920.
Writ allowed
Dismissed|released on bail
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. 433; 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. 21-433
Smith, Robert [clerk]
Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “In re application of James Cosgrove for writ of Habeas Corpus.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed December 17, 2024. https://petitioningforfreedom.unl.edu/cases/item/hc.case.ne.1273