Case Summary

Albert Weston and John Surra managed and operated a soft drink bar and fruit store in Omaha that allegedly sold alcohol. On June 26, 1924, their bond was set for $5,000 after they were found guilty on the charges of unlawful sale and possession of intoxicating liquor and maintaining a common nuisance. On July 3, 1924, Judge McGee sentenced John Surra 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 Madison County Jail (along with a $500 fine). On December 18, 1924, John petitioned for a writ of habeas corpus and argued that he served both six-month sentences concurrently, was entitled to a shortened sentence for good behavior, and that the maintenance of a common nuisance charge was void because it was unconstitutional. The writ was allowed and delivered to the respondents on December 20, 1924. However, the petition was withdrawn by John on December 26 and he was returned to the custody of jailor C. S. Smith. It is possible that he saw other cases filed during the same time frame go to the U.S. Court of Appeals and did not want to prolong the case if the decision would be reversed in a higher court (see Cronin vs. William J. Fox and related cases). Additionally, the writ for Fred Totoro’s case is included in this case file.

Case Information

Petition type(s)

• Carceral

Petition subtype(s)

• Unlawful possession of intoxicating liquor
• Unlawful sale of intoxicating liquor
• Maintaining a common nuisance

Sites of significance

• Madison County Jail (Madison, Nebraska)

Outcome

Petition withdrawn

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. 89-90; 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. 1695

Source material(s)

Docket | Case File

Length of case file

Between 21 and 30 pages

Related petitions

• In the matter of the application of Albert Weston for a writ of Habeas Corpus
• Dennis H. Cronin, U. S. Marshal, et al., Appellants, vs. Fred Totoro

Repository(s)

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

State

• Nebraska

Point(s) of law cited

No. 3532 Criminal, United States of America, Plaintiff, vs. John Surra and Albert Weston, Defendants|Law providing punishment for maintaining a nuisance is unconstitutional|National Prohibition Law

People

• Surra, John (petitioner)
• Surra, John (bound party)
• Wear, John D. (petitioner attorney)
• Moriarty, John F. (petitioner attorney)
• Garrotto, (petitioner attorney)
• Boland, George B. (petitioner attorney)
• Cronin, Dennis H. (respondent)
• Cronin, Dennis H. (holding party)
• Cronin, Dennis H. (responding party)
• Smith, C. S. (respondent)
• Smith, C. S. (responding party)
• Smith, C. S. (holding party)
• Kinsler, James C. (respondent attorney)
• Scott, Andrew C. (respondent attorney)
• Woodrough, Joseph William (judge)

• Additional parties

  Hoyt, R. C. (clerk)

  Keyser, George (assistant prosecuting attorney in the earlier case)

  McGee, John (judge in the earlier case)

  Moore, F. A. (deputy)

  Morrison, Archie (foreman)

  Nicholson, John (chief deputy)

  Pattavina, Paul (respondent in related case)

  Totoro, Fred (petitioner in related case)

  Young, Earl L. (deputy)