Case Summary
On August 20, 1898 in Omaha, Nebraska, Henry Tschosanosky (alias J. Martin, alias Andrew J. Smith) was charged with the crime of grand larceny for unlawfully and feloniously taking $2015.80 worth of pelts from Gustave E. Shukert. Nebraska State Attorney Howard H. Haldrige requested the governor of Nebraska, Silas A. Holcomb, to appoint agent Henry Thompson to capture the now fugitive Tschosanosky (who will henceforth be referred to as “Martin'', to reflect the case proceedings). Martin traveled to Seattle, Washington, where the Governor of Washington, John Rogers, assented to Thompson’s pursuit and where C. G. Augstin, Justice of the Peace for the Seattle Precinct, sent a warrant after Martin. Charles S. Reed, the Chief of Police for Seattle, King County, pursued Martin under this warrant. The process of Martin’s jailing at this time remains unclear through the records, but he was alleged to be under the restraint of Thompson, not Reed, whilst remaining in Washington.
Martin filed for a writ of Habeas Corpus August 21, 1898 which was then heard on September 10 by Judge Orange Jacobs. Martin’s attorney, Frank E. Sims claimed that the affidavit and warrant (sent from Nebraska and Washington, respectively) used to arrest Martin were vague, defective and uncertain. On September 19, Thompson responded, filing for a motion to quash the writ in accordance with the laws of Nebraska. Sims responded to this action on October 8, further casting doubt on the authenticity of the alleged documents sent by the authorities in Martin’s case.
