June 1, 1920 - June 10, 1920
Petitioned on June 1, 1920
Filed before the Douglas County District Court (Omaha, Nebraska)
Case ID: hc.case.ne.1321
On May 25, 1920, John H. Rogers and H.S. Scott, also known as Sherry Scott, were arrested outside the Castle Hotel Omaha, Nebraska on suspicion of their being involved in two Des Moines robberies. Immediately after the arrest, Scott and Rogers tried to bribe the officers arresting them to let them go. They were accused of not only having robbed the Des Moines State bank, but having stolen over $800 and a diamond ring from Ralph Erickson, a theater manager in Des Moines. According to the Omaha Daily Bee, $1,272.68 in small change was found wrapped in Des Moines State coin rolls in a candy box hidden in the men's suitcases. Both were farmers from Tulsa, Oklahoma. The 29-year-old Scott claimed that Rogers, who was only 19, had had nothing to do with the robbery, and confessed to having escaped from the Oklahoma state penitentiary four months ago. He claimed that he had stolen the money from a bank in Oklahoma, not Iowa. Their attorney, C.W. Britt, filed a writ of habeas corpus for their release on June 1, 1920 against chief of police Marshall Eberstein. Not only had the men been arrested without a warrant, having committed no crime in the state of Nebraska, he said, they weren't even in Des Moines on the day the robbery was committed. Apparently, there was also an attempt to extradite the men—perhaps the writ of habeas corpus was a way to combat the possibility of being sent back to Iowa. A writ and return was filed on June 10, 1920, but we know no else about the results of the case. Perhaps the men were, in fact, extradited to Iowa and the legal proceedings continued there.
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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. 464; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 91: Doc. 22-359 to 22-505, Apr. 16, 1920 - Jun. 25, 1920, No. 22-464
Brown, Louise [Scott's girlfriend]
Clark, Michael L. [sheriff]
Conway, Ed [notary public]
Erickson, Ralph [allegedly robbed by Scott and Rogers]
Halter, N.V. [deputy]
Smith, Robert [clerk]
Steele Jr., Asel [deputy]
Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “In the matter of Application of H. S. Scott and J. H. Rogers for writ of Habeas Corpus.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed November 21, 2024. https://petitioningforfreedom.unl.edu/cases/item/hc.case.ne.1321