Cases
Habeas petitions described a broad range of carceral, institutional, and interpersonal confinement over the long nineteenth century, including those used to demand due process, resist enslavement, challenge child removal and reservation confinement, avoid deportation, present child custody claims and protest child marriage, and to challenge institutionalization and detention in private and state institutions. As a legal mechanism borrowed from British common law and guaranteed as a civil right in US federal and state constitutions, habeas provides a lens on a diverse community of legal actors.
Our encoding practice allows us to identify petitions in these three categories and to indicate where those categories overlap. In addition to these three general categories, our team has identified the specific carceral charge being challenged as well as the particular forms of institutional and interpersonal confinements being questioned.
You may also browse or search petitions by location and/or jurisdiction to learn more about the myriad complaints petitioners brought before judges in Arizona, Iowa, Kansas, Missouri, Nebraska, Oregon, and Washington between 1812 and 1924. Each case entry includes a full citation, a summary, links to people with a role in the case, a list of other people named, and any sites of significance. Visitors wanting access to full case files can contact the cited repository for information about obtaining copies. Those without institutional affiliations may request image scans from Dr. Jagodinsky directly. The Glossary defines the attributes used to structure data from the habeas petitions. The Code Book explains the relational structure of the data and functionality of the database website.
Featured story: The Habeas Corpus and Divorce Proceedings of Katie Mayes
Basic Search
Simply enter the word you wish to find and the search engine will search for every instance of the word in the journals. For example: Fight. All instances of the use of the word fight will show up on the results page.
Wildcard Searches
Using an asterisk (*) will increase the odds of finding the results you are seeking. For example: Fight*. The search results will display every instance of fight, fights, fighting, etc. More than one wildcard may be used. For example: *ricar*. This search will return most references to the Aricara tribe, including Ricara, Ricares, Aricaris, Ricaries, Ricaree, Ricareis, and Ricarra. Using a question mark (?) instead of an asterisk (*) will allow you to search for a single character. For example, r?n will find all instances of ran and run, but will not find rain or ruin.
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Phrase Search
Searching for a specific phrase may help narrow down the results. Rather long phrases are no problem. For example: "This white pudding we all esteem".
Subsequent Searches
Because of the creative spellings used by the journalists, it may be necessary to try your search multiple times. For example: P?ro*. This search brings up numerous variant spellings of the French word pirogue, "a large dugout canoe or open boat." Searching for P?*r*og?* will bring up other variant spellings. Searching for canoe or boat also may be helpful.
Filter by:
Petition Subtype
- Institutional: public health detention 12
- Carceral: inmate of ill-governed house 2
- Carceral: vagrancy 2
- Carceral: inmate of ill-governed home 1
- Carceral: prostitution 1
Points of Law Cited
- Ordinance No. 9852 3
- U.S. Const. amend. V 2
- City of Omaha, Ordinance No. 9852 - Making it unlawful to expose another to venereal infection. 1
- Omaha City Ordinance #9852 - Making it unlawful to expose others to venereal disease (full copy of ordinance in case file) 1
- Omaha City Ordinance No. 9853, that it is unlawful for any person to expose others to infection, and must submit to examination (full text included in CF) 1
People
- Manning, Ernest T. (Ernest C.) 9
- Redick, William A. 8
- Smith, Robert (Clerk) 8
- Steere Jr., Asel (Deputy) 5
- Berger, Alta (Alta Burger) 4
- Bumbaugh, Edward R. (Notary Public) 4
- Clark, Michael L. (Sheriff) 4
- Eberstein, Marshall 4
- Macfarland, John M. 4
- Clark, Michael L. 3
- Foster, Charles E. 3
- Steere, Asel, Jr. (deputy) 3
- Troupe, A. C. (Troup) 3
- Clark, Michael L. (sheriff of Douglas County) 2
- Dahlan, James C. (Mayor and President of City Council) 2
- Edwards, J. F. 2
- Foster, W. A. 2
- Goss, Charles A. 2
- Jamieson, William Nicholas (Jameson) 2
- Murray, Thomas B. 2
- O’Sullivan, Eugene D. (E. D.) 2
- O'Connor, T. J. (City Clerk) 2
- Smith, Robert (clerk of District Court of Douglas County) 2
- Suepwisk, J. B. (Deputy) 2
- Wheeler, Perry (clerk of Douglas County Police Court) 2
- Anderson, Emma (Plaintiffs Witness) 1
- Anderson, Svend (Plaintiffs Witness) 1
- Astleford, Walter (Plaintiffs Witness) 1
- Atkins, Nellie 1
- Barry, Blanche 1
- Bastian, Clarence (Plaintiffs Witness) 1
- Battin, John Wilson (Notary Public) 1
- Berger, John M. 1
- Brown, Jud 1
- Bstian, Almer (Plaintiffs Witness) 1
- Burger, Alva 1
- Burger, Joseph (Notary Public) 1
- Burger, Joseph O. 1
- Cahill, Mattie 1
- Carthrum, William 1
- Carthurm, Inous (Itasca Nukes) 1
- Clark, Michael (Sheriff) 1
- Clark, Michael L (Sheriff); Foster, W. A. (Deputy); 1
- Coffey, John (Plaintiffs Witness) 1
- Dahlam, Hames C. (Mayor and President of City Council) 1
- Day, L. B. 1
- Dempsey, Michael F. 1
- Donlan, Mildred (Plaintiffs Witness) 1
- Ferguson, Mrs. Arthur (Plaintiffs Witness) 1
- Fitzgerald, James M. (James J.) 1
- Fitzgerald, James M. (Judge of Police Court) 1
- Foster, W. A. (Deputy) 1
- Garlich, Fred (Plaintiffs Witness) 1
- Gehrke, Freida (notary) 1
- Hagen, Thomas W. (Unknown) 1
- Halter, N. V. (deputy) 1
- Hamer, Agnes (Plaintiffs Witness) 1
- Hansen, Ajnar (Plaintiffs Witness) 1
- Hansen, George (Plaintiffs Witness) 1
- Hansen, Hans (Plaintiffs Witness) 1
- Hansen, Henry (Plaintiffs Witness) 1
- Hansen, Lillian (Plaintiffs Witness) 1
- Hansen, Mrs. Hans (Plaintiffs Witness) 1
- Havens, A. L. (Defendants Witness) 1
- Heaton, Lena 1
- Herger, 1
- Hirschman, Dr. H. (Physician, Witness) 1
- Hoye, Charles W. (Deputy) 1
- Hunter, M. J. (City Clerk) 1
- Hunter, W. J. (City Clerk) 1
- Kinnerup, Kenneth (Plaintiffs Witness) 1
- Kinnerup, Laura (Plaintiffs Witness) 1
- Kutscher, Helen (Plaintiffs Witness) 1
- Kyral, George (Plaintiffs Witness) 1
- Lindsay, Jas (deputy sheriff) 1
- Livingston, Ruth 1
- Lynne, Mrs. Carmen 1
- Macfarland, Forrest S. 1
- Magney, George A. (County Attorney) 1
- Manning, Ernest C. (Health Commissioner) 1
- Manning, Ernest T. (City Health Commissioner) 1
- Markhofer, Willy (Plaintiffs Witness) 1
- McCollaugh, Mavroll F. (Deputy) 1
- McEachron, W. S. (notary public) 1
- Moriarty, John F. 1
- Mossman, H. L. 1
- Murdock, A. H. 1
- Nessor, Elizabeth (Plaintiffs Witness) 1
- Nessor, Johanne (Plaintiffs Witness) 1
- O’Connor, T. J. (City Clerk) 1
- Olson, Selmer (Defendants Witness) 1
- Poesch, Lawrence (Plaintiffs Witness) 1
- Rogers, Opal 1
- Schultz, Camille (Sister) 1
- Sears, Willis G. 1
- Shaw, Maud 1
- Shoemaker, Genevieve (Frankie LaPorte) 1
- Shymanski, Walter (Plaintiffs Witness) 1
- Smith, Robert (clerk for District Court of Douglas County) 1
- Steere, Asel Jr. (deputy clerk) 1
12 results
Download JSON Download CSVIn the matter of the application of Blanche Barry for a Writ of Habeas Corpus
- Earliest record date: July 10, 1918
- Petition type(s): Carceral: vagrancy | Institutional: public health detention
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
Ex Rel Ruth Livingston vs. Dr. Ernest T. Manning Health Commissioner, City of Omaha and Alta Burger Superintendant Detention Home for Girls, For Writ of Habeas Corpus
- Earliest record date: July 15, 1918
- Petition type(s): Institutional: public health detention | Carceral: inmate of ill-governed home
- Petition outcome: Writ dismissed for want of prosecution
- Fate of bound party: Unknown
In re application of Lena Heaton for a writ of Habeas Corpus
- Earliest record date: July 20, 1918
- Petition type(s): Institutional: public health detention
- Petition outcome: Writ denied
- Fate of bound party: Unknown
In re application of Mrs. Carmen Lynne for a Writ of Habeas Corpus
- Earliest record date: July 20, 1918
- Petition type(s): Institutional: public health detention
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the matter of the application of Genevieve Shoemaker for a Writ of Habeas Corpus <Frankie LaPorte>
- Earliest record date: March 5, 1918
- Petition type(s): Institutional: public health detention
- Petition outcome: Writ dismissed for want of prosecution
- Fate of bound party: Unknown
In re application of Marie Wells for a writ of Habeas Corpus
- Earliest record date: October 16, 1918
- Petition type(s): Institutional: public health detention
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the matter of the application of William Carthrum for writ of Habeas Corpus
- Earliest record date: October 16, 1918
- Petition type(s): Institutional: public health detention
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In re application of Maud Shaw by Jud Brown for writ of Habeas Corpus
- Earliest record date: March 5, 1918
- Petition type(s): Institutional: public health detention
- Petition outcome: Writ dismissed for want of prosecution
- Fate of bound party: Unknown
In the matter of the application of Nellie Atkins for a writ of Habeas Corpus
- Earliest record date: January 16, 1919
- Petition type(s): Institutional: public health detention
- Petition outcome: Writ denied
- Fate of bound party: Unknown
The State of Nebraska, upon the relation of Mattie Cahill, Complainant, vs. Marshall Eberstein, Chief of Police of Omaha, Nebraska and Alta Berger, Matron and Superintendent of Omaha Detention Hospital, Eleventh and Dodge Streets, Omaha, Nebraska, Respondents.
- Earliest record date: September 16, 1920
- Petition type(s): Institutional: public health detention | Carceral: inmate of ill-governed house
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
The State of Nebraska, upon the relation of Opal Rogers, Complaint, vs. Marshall Eberstein, Chief of Police of Omaha, Nebr. and Alta Berger, Matron and Superintendent of Omaha Detention Hospital, Eleventh and Dodge Sts., Omaha, Nebraka, Respondents.
- Earliest record date: September 16, 1920
- Petition type(s): Institutional: public health detention | Carceral: inmate of ill-governed house
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the matter of the application of Stella Taylor for a writ of Habeas Corpus
- Earliest record date: October 14, 1920
- Petition type(s): Institutional: public health detention | Carceral: vagrancy | Carceral: prostitution
- Petition outcome: Writ dismissed
- Fate of bound party: Remained in custody
