Case Summary

Kathleen L. Williams filed a petition for a writ of habeas corpus to release her six-year-old son, Roger H. Williams, on August 1, 1923. Rose L. Bellows, Kathleen L. Williams's sister, acted as Kathleen L. Williams's "attorney-in-fact" who was allowed to act legally on behalf of her sister. Kathleen Williams's petition alleged that on July 3, 1923, she had allowed Roger H. Williams to visit his grandmother Elisabeth S. Williams. However, Kathleen stated that Elisabeth S. Williams refused to return Roger, claiming that her son had sent her telegrams telling her not to. The petition also stated that Kathleen L. Williams was of competence and fitness to take care of the child, and that nobody else had been awarded care of the child. Judge Charles Leslie granted the writ and commanded that Elizabeth Williams come before the court and show cause for her detention of Roger Williams. After the hearing, the application was granted and the appearance docket states that Roger H. Williams was to be delivered to a "named party," presumably Kathleen, to be returned to New York. Judge Leslie said that Elisabeth was a perfectly competent guardian, but the boy should be in New York with his parents, even if they were estranged. Elisabeth said when the verdict was announced, "I don't care what these lawyers and the judge say, this is unfair to take this boy from me. It's not right." Later, Kathleen sent a letter to the Omaha Bee claiming that Elisabeth had mistreated Roger while he was in her care, and that he needed to be placed in a hospital to recover after he returned to New York.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ allowed

Fate of bound party

Released from custody

State

• Nebraska

Tag(s)

• Children

People

• Leslie, Charles (judge)
• Williams, Kathleen L. (petitioner)
• Williams, Roger H. (bound party)
• Williams, Elisabeth S. (Elizabeth) (respondent)
• Williams, Elisabeth S. (Elizabeth) (holding party)
• Palmer, Harry O. (petitioner attorney)
• Palmer, Arthur L. (petitioner attorney)
• Bellows, Rose L. (petitioner)

• Additional parties

  Steere, Asel Jr. (Deputy Clerk)

  Shotwell, A. V. (County Attorney)

  Smith, Robert (Clerk)

  Ross, Winfield R. (Notary Public)

  Endres, M. L. (Sheriff)

  Thestrup, O. V. (Deputy Sheriff)

  Cnl. Williams, Roger E. [Roger H. Williams's father]