Case Summary

Elmer MacNalley and Charles Byers operated and managed a soft drink bar in Omaha that allegedly sold alcohol. On June 24, 1924, Elmer MacNalley’s bond was set for $5,000 after he was found guilty on the charges of unlawful sale and possession of intoxicating liquor and maintaining a common nuisance. On July 2, Elmer was examined by a government physician to see if he was able to attend court. On July 3, 1924, Judge McGee sentenced Elmer to two six-month sentences for the alcohol charge and a one-year sentence for the maintenance of a common nuisance charge to be served in the Lincoln County Jail. On December 26, 1924, Elmer petitioned for a writ of habeas corpus. The court documents include notes that the production of his body was waived. On January 5, 1925 he amended his application and argued that Judge McGee had fixed rules for certain charges that did not take into account the circumstances or reputations of the defendants. Judge McGee ordered that the respondents release Elmer from custody upon payment of a bond and the respondents appealed this decision. On January 30, 1926 the decision of the lower court was reversed in the Eighth Circuit Court of Appeals and Elmer was remanded to the custody of the respondents.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Unlawful sale of intoxicating liquor
• Maintaining a common nuisance

Sites of significance

• Lincoln County Jail (North Platte, Nebraska)

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

National Archives at Kansas City, Record Group 21: Records of District Courts of the United States, 1685 - 2009, U.S. District Court for the Omaha Division of the District of Nebraska, Series: Law Dockets, 1912-1938, Vol. 8: Oct 10, 1924-Dec 17, 1925, pp. 95-96; National Archives at Kansas City, Record Group 21: Records of District Courts of the United States, 1685 - 2009, U.S. District Court for the Omaha Division of the District of Nebraska. (2/27/1907- ), Series: Law Case Files, 1912-1938, No. 1698

Source material(s)

Docket | Case File

Length of case file

Between 51 and 75 pages

Related petitions

• In the matter of the application of Albert Weston for a writ of Habeas Corpus

Repository(s)

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

State

• Nebraska
• Missouri

Point(s) of law cited

Section 21 of Title II of the National Prohibition Act, 41 Statutes at large, 314|No. 3509 Criminal, United States of America, Plaintiff, vs. Elmer R. MacNalley and Charles M. Byers, Defendants

Tag(s)

• Appeal

People

• MacNalley, Elmer R. (MacNally) (petitioner)
• MacNalley, Elmer R. (MacNally) (bound party)
• Lones, J. R. (J.R. Loomis) (petitioner attorney)
• Coffey, Raymond T. (R. T. Coffey) (petitioner attorney)
• Kinsler, James C. (respondent attorney)
• Scott, Andrew C. (respondent attorney)
• Cronin, Dennis H. (respondent)
• Cronin, Dennis H. (responding party)
• Cronin, Dennis H. (holding party)
• Berthe, L. L. (respondent)
• Berthe, L. L. (responding party)
• Berthe, L. L. (holding party)
• Woodrough, Joseph William (judge)
• Taft, William H. (chief justice)

• Additional parties

  Banner, Homer D. (federal prohibition agent)

  Copeland, Evelyn (deputy) Dailey, Jerone (defendant)

  Davis, James (deputy)

  Dolezal, James (defendant)

  Hausner, John (defendant)

  Hermansky, Emil (defendant)

  Hoyt, R. C. (clerk)

  Kerwin, Hugh (defendant)

  Keyser, George A. (assistant prosecuting attorney in earlier case)

  Koch, E. E. (clerk)

  Lowry, Theo (clerk)

  McGee, John (judge in earlier case file)

  Mitchell, Charles (defendant)

  Moore, F. A. (deputy)

  Nicholson, John (deputy)

  Sillers, Louise (defendant)

  Stroup, George W. (foreman)

  Weston, Albert (defendant)

  York, C. M. (notary public)