Case Summary

On October 24th, 1913, Willis Kelly filed a writ of habeas corpus on behalf of his minor son, Phillip Kelly. Willis named Jessie Kelly as the respondent. The petition revealed Jessie to be the ex-wife of Willis and mother of Phillip. Willis claimed that Jessie was unlawfully holding Phillip. In September of 1913, Willis and Jessie divorced; and Willis was awarded custody of their two children, George and Phillip. Willis alleged that Jessie was an unfit mother as she was addicted to alcohol, would use profane language in front of the children, and would frequently entertain men in their home and maintained improper and immoral relationships with them. Willis alleged that on October 23rd he made a formal request to Jessie for her to release their children but she refused. Jessie replied to the petition, denying all of the allegations against her. She claimed, rather, that Willis was a man of vile and vicious habits. She claimed that in July 1912, he forced her to sign a paper admitting that she was intimate with other men and that he then used that paper to get $500 from a Banker at Snyder Nebraska. He said that using that paper, he would be able to get enough money to put him on "Easy Street". Jessie claimed that Willis was addicted to alcohol, and that he would frequently come home drunk and when he did he would abuse her. Jessie claimed that they parted August 1912 and that Jessie had custody of the children, but then in June 1913 they lived together and as a result of that living together she was now pregnant. Jessie further claimed that Willis wanted Jessie and the children to live with him in July, but then soon after Willis brought a man home to stay with Jessie while he went to South Dakota. On October 23rd, Willis returned and forcibly removed George from Jessie. Jessie claimed that on November 3rd, Willis called Jessie and promised that he would drop the habeas proceedings and marry her. She claimed that was a scheme to keep her out of court. Willis responded and denied any allegations of force, but that he did have Jessie sign the paper of infidelity and did remove George from Jessie's care. In the end, Judge Pemberton decided in favor of Willis, allowing the writ and demanding that Phillip should be released from Jessie's custody. The decision was made by virtue of the divorce settlement.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Gage County District Court, Appearance Dockets, Vol. 29 , p. 85 ; Gage County District Court, Case Files, No. 85

Source material(s)

Docket | Case File

Length of case file

Between 21 and 30 pages

Repository(s)

• Gage County District Court (Beatrice, Nebraska)

State

• Nebraska

People

• Kelly, Willis (petitioner)
• Kelly, Phillip (bound party)
• Kelly, Jessie J. (respondent)
• Kelly, Jessie J. (responding party)
• Kelly, Jessie J. (holding party)
• McGirr, F. O. (petitioner attorney)
• Cobbey, Jean (petitioner attorney)
• Messmore, Fred W. (respondent attorney)
• Colby, Leonard W. (L.W. Colby) (respondent attorney)
• Pemberton, Leander M. (judge)

• Additional parties

  Kelly, George (eldest child of Jessie and Willis)

  Lenhart, F. E. (clerk)

  Acton, F. W. (deputy sheriff)

  Schick, John (sheriff);