Case Summary

On March 24th, 1921, a petition for a writ of habeas corpus was filed on behalf of Agnes Smith. The petition was filed by her mother Mary Foley and step-father Thomas Foley. The Foleys alleged that Agnes was being unlawfully detained at the Institute for Feeble-Minded Youth (Beatrice, NE) by Superintendent S.J. Stewart. The Foleys explained that in 1914, Agnes was committed to the Girls' Industrial School (Geneva, NE) by the Juvenile Court of Douglas County. She was to be detained there for a period of 2 years, but was instead detained for 5 years. Agnes was then committed to the Institute for Feeble-Minded Youth against her will and consent and without the knowledge of her parents. The Foleys asserted that Agnes was not feeble-minded, and wished for Agnes to be released. The judge initially granted the petition, but quickly recalled the sheriff from issuing the writ after a special appearance from S. J. Stewart. In the appearance, Stewart objected to the jurisdictional authority of the court because Agnes was detained in Gage County. The judge agreed with Stewart on the matter, citing case Gillard v. Clark in his decision. The judge dismissed the petition at the cost of the petitioner. The fate of Agnes Smith is unknown. Additionally, the age of Agnes is unclear. She was not referred to as a minor in the case file, and it is possible that she reached the age of majority between 1913 and 1921 but remained detained because of her “feeble-minded” status.

Case Information

Petition type(s)

• Institutional

Petition subtype(s)

• Disability

Sites of significance

• Institution for Feeble-Minded Youth (Beatrice, Nebraska)
• The Nebraska Girls' Industrial School (Geneva, Nebraska)

Outcome

Writ dismissed

Fate of bound party

Unknown

Case Citation

Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 23: ca. 1920 - 1920, p. 478; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 97: 23-447 to 23-587, Mar. 1, 1921 - May 21, 1921, No. 23-478

Source material(s)

Docket | Case File

Length of case file

Between 11 and 20 pages

Related petitions

• In the matter of the application of Agnes Smith for a writ of habeas corpus

Repository(s)

• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

Point(s) of law cited

Gillard v. Clark 179 N.W.396

Tag(s)

• Institutionalization
• Person with disabilities

People

• Smith, Agnes (bound party)
• Foley, Mary (petitioner)
• Foley, Thomas F. (petitioner)
• Stewart, Samuel J. (respondent)
• Stewart, Samuel J. (responding party)
• Stewart, Samuel J. (holding party)
• Troupe, A. C. (Troup) (judge)
• Walsh, C. E. (petitioner attorney)
• Davis, Clarence Alba (respondent attorney)
• Pratt, George W. (respondent attorney)

• Additional parties

  Steere, Asel Jr. (deputy clerk)

  Smith, Robert (clerk)

  Clark, Michael L. (sheriff);