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In the matter of application for a writ of Habeas Corpus on behalf of Thomas Nelson Overnell, a small child about 14 months old in Island County

October 23, 1862 - October 30, 1862

Petitioned on October 27, 1862

Filed before the District Court of the United States, District of Washington (Port Townsend, Washington)

Case ID: hc.case.wa.0352

Case Summary

Thomas P. Overnell and Nancy Overnell, the parents of Thomas Nelson Overnell (a 14-month-old child), got into a custody dispute in October 1862. On October 23, Frances Miller (Nancy's brother) testified as a witness and stated that Mr. Overnell and Ms. Overnell were at his father’s house and barn when the custody dispute occurred. Frances told the Justice of the Peace that he witnessed Mr. Overnell take Thomas and that, “judging from his condition”, he believed Ms. Overnell should have custody. Mary Bozarth also testified and stated that Mr. Overnell should not have custody of Thomas. On October 27, Caleb N. Miller (Nancy's brother) petitioned for a writ of habeas corpus on behalf of Thomas. He stated that Mr. Overnell forcefully took Thomas out of Mrs. Overnell's custody. The couple was separated at the time and Caleb stated that Mr. Overnell threatened to take Thomas out of the county. On October 28, Judge Hewitt ordered the sheriff to arrest Thomas N. and either bring him to the court himself or to Mrs. Overnell so that she could bring him. The sheriff placed Thomas into Nancy's custody. On October 30, the judge ruled that Mr. Overnell admitted “that the mother is for the time being the more proper and suitable party to have custody” and decided that Mrs. Overnell should have custody of Thomas.

Case Information

Petition type(s)

  • Interpersonal

Petition subtype(s)

  • Child custody

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Case Citation: Jefferson County Government, County Clerk, Territorial District Court Case Files, 1853-1889, No. 364

Source material(s)

Case File

Length of case file

Between 11 and 20 pages

Repository(s)

State

  • Washington

Tag(s)

  • Children

People

Citation

Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “In the matter of application for a writ of Habeas Corpus on behalf of Thomas Nelson Overnell, a small child about 14 months old in Island County.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed November 23, 2024. https://petitioningforfreedom.unl.edu/cases/item/hc.case.wa.0352

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