In the matter of the application of Thomas F. Kelly F.A. Kane and Wiley Compton for a writ of Habeas Corpus
February 4, 1920
- February 20, 1920
Petitioned on February 13, 1920
Filed before the Douglas County District Court (Omaha, Nebraska)
Case ID: hc.case.ne.1332
Case Summary
On February 4, 1920, Pottawattamie County, Iowa justice of the peace J.K. Cooper issued a warrant for the arrest of Tom Kelly, Wiley Compton, Frank A. Caine, also known as "Ping-Pong" Bill Myers, and Joe Pearson. They were accused of breaking into the Council Bluffs home of Norton C. Arbuckle and stealing $1,030 worth in jewelry. On February 8, Tom Kelley, Wiley Compton and Frank A. Caine were taken into custody in Omaha, Nebraska. Five days later, the men, with the assistance of their attorneys from the firm of Jameson and O'Sullivan, filed a petition for a writ of habeas corpus against captain of police John J. Dunn. They argued that no official complaint had been filed against them in Nebraska and that they were not held based on the findings of a judicial tribunal. In return, Dunn produced the Pottawattamie County arrest warrant and stated that not only were the men robbers, but fugitives from justice. At a hearing in front of judge A.C. Troup on Valentine's Day 1920, the men's application was denied and custody was remanded to Dunn. The petitioners filed a motion for a new trial and to quash the respondents' answer and return, but this motion was also overruled. Wiley Compton and Joe Pearson were also involved in a liquor-running scheme involving the forging of bank documents in Canada, and they, along with other men, were extradited there on July 7, 1921.
Case Information
Petition type(s)
Petition subtype(s)
- Larceny
- Fugitive from justice
Sites of significance
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. 22: ca. 1919 - 1920, p. 184; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 89: Doc. 22-51 to 22-210, Dec. 30, 1919 - Feb. 26, 1920, No. 22-184
Source material(s)
Docket |
Case File
Length of case file
Between 11 and 20 pages
Repository(s)
State
Tag(s)
