Case Summary

On October 30, 1922, Robert H. Johnson filed a second habeas petition against the sheriff of Douglas County. In his petition, Johnson explained that a complaint had been filed against him under the charge of vagrancy, was found guilty, filed an appeal - which was dismissed - and is now under a new warrant without complaint. Johnson further sought to challenge the vagrancy ordinance, Ordinance No. 10916, and alleged, in a supplemental petition, that his arrests were political. Johnson explained that he had campaigned against City Prosecutor Dineen during an election, and that his vagrancy case and 60 others are now being dismissed. A writ was issued, sustained, and Johnson was ordered to be released on January 24, 1922.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Vagrancy

Sites of significance

• Omaha City Jail (Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Douglas County (NE) Criminal Appearance Docket Books, Vol. 25: ca. 1922 - 1923, p. 425; RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 109: 25-348 to 25-454, Sep. 9, 1922 - Nov. 13, 1922, No. 25-425 (microfilm)

Length of case file

Between 21 and 30 pages

Repository(s)

• History Nebraska (Lincoln, Nebraska)
• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

Tag(s)

• Corruption
• Politics
• Punitive vagrancy

People

• Clark, Michael L. (respondent)
• Clark, Michael L. (responding party)
• Clark, Michael L. (holding party)
• Wappich, William F. (authority ordering detention)
• Wappich, William F. (police magistrate)
• Day, L. B. (judge)
• Shotwell, Abel V. (respondent attorney)
• Thomas, Elmer E. (petitioner attorney)
• Breen, John P. (petitioner attorney)
• Johnson, Robert H. (petitioner)
• Johnson, Robert H. (bound party)

• Additional parties

  Smith, Robert (Clerk)

  Dineen, Frank M. (Complainant)

  Smith, Ed. P. (Mayor and President of City Council, Omaha in 1920)

  Hunter, W. J. (City Clerk)