Case Summary

This supplemental petition was filed because Rose claimed that no “proper or legal complaint” had been filed against him as required by law. He states that he is not a fugitive from justice but was visiting relatives in Omaha and had not left Ohio for the purpose of avoiding arrest. This file offers a restatement of the facts from the prior file; Rose was arrested wrongly, he was held without trial and no news of a trial being scheduled, he claims to have not committed any crime in Ohio and, thus, cannot be a fugitive from the law. The form from the Justice of the Peace (George C. Cockrell) states that a complaint was submitted by Deputy Sheriff Louis Grebe on 31 August 1899 stating that on or about 1 August 1899, Rose was a fugitive from justice from Common Court in Cuyahoga County, Ohio. Deputy Grebe claims that Rose stood accused of the crime of embezzlement (a sum of $300), committed in Cuyahoga County, Ohio. George C. Cockrell (Justice of the Peace) signed an order on 1 September 1899 to the Keeper of the Common Jail to keep Angelo Rose for “further examination,” as he had been charged with committing the offence of Fugitive from Justice. An order that the Sheriff release Rose to allow him to appear in court on 1 September 1899 was submitted on 31 August 1899 by Coblyn L. Frank (Clerk). Judge B. S. Baker ordered that Rose’s writ be allowed and ordered that a writ of habeas corpus be issued in favor of Angelo Rose, returnable on 1 September 1899 at 2:00pm directed to Sheriff John McDonald.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Wrongful imprisonment

Sites of significance

• Douglas County Jail (Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Unknown

Case Citation

RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 4: Criminal Appearance Docket Books, 1855-1900, Vol. 4: Pages 1-401, Nov. 25, 1898 - Aug. 2, 1899, p. 258 (microfilm); RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Box 10: Doc. 4-138 to 4-271, 1899, No. 4-258

Source material(s)

Case File

Length of case file

Between 11 and 20 pages

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

Tag(s)

• Fugitive from justice

People

• Rose, Angelo (petitioner)
• Rose, Angelo (bound party)
• McDonald, John W. (holding party)
• Thompson, Will H. (William Henry Thompson) (petitioner attorney)
• Magney, George A. (petitioner attorney)

• Additional parties

  Grebe, Louis (Deputy Sheriff)

  Thompson, Will H. (Notary Public, same as petitioner's attorney)

  Cockerel, George C. (Justice of the Peace)

  Frank, Albyn L. (Clerk)