Case Summary

On March 19, 1899, Howell Morgan, who claimed to have been appointed acting U.S. Indian Agent for the Omaha and Winnebago Reservations that same day, jailed a Winnebago man named Henry Holt for assaulting him. Holt soon complained to the sheriff of Thurston County, Nebraska, that Morgan had jailed him without legal authority. Consequently, Morgan was charged in state court with falsely imprisoning Holt and jailed after his refusal or inability to pay a $500 bond. Morgan petitioned for a writ of habeas corpus through U.S. attorney for the district of Nebraska, W. S. Summers, which was granted. After hearing the evidence, Morgan was released from custody. However, Nebraska officials appealed this decision, and it seems that Morgan was then ordered to pay a $1,000 recognizance. His ultimate fate is unknown.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• False imprisonment

Sites of significance

• Winnebago Reservation (Winnebago Reservation, Nebraska)
• Thurston County Jail (Pender, Nebraska)

Outcome

Writ allowed

Fate of bound party

Released on bail

Case Citation

Record Group 21: Records of District Courts of the United States, 1685 - 2009, U.S. Circuit Court for the Omaha Division of the District of Nebraska , Series: Appearance Dockets, 1867 - 1915, Vol. 20, p. 590; Record Group 21: Records of District Courts of the United States, 1685 - 2009, U.S. Circuit Court for the Omaha Division of the District of Nebraska. (1867-1/1/1912), Series: Chancery, Criminal, Equity and Law Cases, 3/30/1867-12/26/1911, No. T-590

Source material(s)

Docket | Case File

Length of case file

Between 41 and 50 pages

Repository(s)

• National Archives and Records Administration, Kansas City (Kansas City, Kansas)

State

• Nebraska

Tag(s)

• Indian reservation
• Appeal

People

• Morgan, Howell (bound party)
• Summers, William S. (petitioner attorney)
• Tadlock, Elisha J. (respondent)
• Munger, William H. (judge)
• Rush, S. R. (petitioner attorney)
• Curry, J. M. (authority ordering detention)
• Morgan, Howell (petitioner)
• Summers, William S. (petitioner)
• Tadlock, Elisha J. (responding party)
• Tadlock, Elisha J. (holding party)

• Additional parties

  Spencer, Craig (witness)

  Neibar, Henry (witness)

  Logan, John (witness)

  Decora, Peter (witness)

  St. Cyr, David (witness)

  Sloan, Thomas L. (witness)

  Hillis, Oscar B. (clerk)

  Holt, Henry (member of the Winnebago Nation, alleged assailant, alleged victim)

  Hoyt, R. C. (deputy clerk)

  Stiles, Ira (witness)

  Holt, Maude (witness)

  Logan, Edward (witness)

  Pelky, John (witness)

  Thummel, George H. (U.S. marshal)

  Allan, James (deputy U.S. marshal)

  Nicholson, John (deputy U.S. marshal)