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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
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Filter by:
Petition Subtype
- Institutional: insanity 7
- Interpersonal: child custody 7
- Institutional: juvenile detention 5
- Carceral: refusal or inability to pay fine 4
- Carceral: cause unspecified 3
- Carceral: larceny 3
- Carceral: assault and battery 2
- Carceral: disturbing the peace 2
- Carceral: using obscene language in the presence of women 2
- Institutional: child custody 2
- Institutional: spousal custody 2
- Carceral: arson 1
- Carceral: assault and robbery with a dangerous weapon 1
- Carceral: assault with a deadly weapon 1
- Carceral: first degree murder 1
- Carceral: forgery 1
- Carceral: fugitive from justice 1
- Carceral: knowingly uttering and publishing a forged customer's draft 1
- Carceral: obtaining money under false pretenses 1
- Institutional: disability 1
- Interpersonal: kidnapping 1
- Interpersonal: wrongful enslavement 1
Sex of Bound Party
- Male 30
- Female 12
- Unindicated 1
Age of Bound Party
- Adult 20
- Minor 14
- Unindicated 7
Race of Bound Party
- Unindicated 36
- Black 1
- White 3
- Indigenous 1
Source Material(s)
- Journal 38
- Case File 34
- Docket 6
- Index 6
- Digitized Record 1
Points of Law Cited
- Section 608 Of The Code Of Oregon 2
- "An Act To Provide For The Care Of Delinquent Children" Idaho 2 March 1905 1
- "An Act To Regulation The Treatment And Control Of Dependent Neglected And Delinquent Children" 24 May 1907 1
- 104 Pac 296 1
- 12 R C L P 12145 1
- 120 Am St Rep 933 88 Pac 609 1
- 1913 Session General Laws Of Oregon Chapter 153 Sections 13 1
- 21 Ann Cas 465 1
- 25 L R A (Ns) 172 1
- 62 Am St Rep 117 1
- 642 Of Lord's Oregon Laws 1
- Amended Section 4407 In Lord's Oregon Laws 1
- Ann Cas 1914 A Pp 740 758 1
- Article 1 Section 10 Of The Oregon State Constitution 1
- Article 1 Section 13 Constitution Of Oregon 1
- Article 1 Section 15 Constitution Of Oregon 1
- Article 1 Section 33 Of The Oregon State Constitution 1
- Article 17 Of The Oregon State Constitution 1
- Article 17 Section 1 Of The Oregon State Constitution 1
- Article 4 Section 2 Of The Oregon State Constitution 1
- Article 57 Of The Bill Of Rights Of The Oregon State Constitution 1
- Babbit Vs Brush 4 Ind 355 359 1
- Boyd V Olcott Or 202 Pac 431 1
- Brown Judgments (2nd Ed Secs 97 To 110) 1
- Coffee V Black 82 Va 567 1
- Corrie V Corrie 42 Mich 509 4 N W 213 1
- Eason V State 11 Ark 481 1
- Ex Parge Milligan 4 Wall 131 1
- Ex Parte Ah Peen 51 Calif 280 1
- Ex Parte Barnes 54 Or 548 1
- Ex Parte Bernert 7 Pac Coast Law J 460 1
- Ex Parte Bowers Supra Chief Justice Moores 397 1
- Ex Parte Bulger 60 Calif 438 1
- Ex Parte Cox 32 Pac 197 (Idaho) 1
- Ex Parte Crause 5 A E Annotated Cases 92 1905 1
- Ex Parte Dickson 133 Pac 3936 (Nev) 1
- Ex Parte Foster 69 Ore 319 (Pac 84950) 1
- Ex Parte Jack Wessens 89 Ore 587 1
- Ex Parte Kearney 55 Calif 212 1
- Ex Parte Langes 18 Wall 163 (21 L Ed 879) 1
- Ex Parte Mack 88 Ore 174 1
- Ex Parte Page 49 Mo 2912 1
- Ex Parte Reed 100 Us 13 1
- Ex Parte Satterthwait 52 Mont 550 160 Pac 343 1
- Ex Parte Shaw 7 Ohio State Rep 81 1
- Ex Parte Smith 2 Nev 338 1
- Ex Parte Stacey 45 Or 85 (75 Pac 1060) 1
- Ex Parte Tice 32 Or 179 (49 Pac 1038) 1
- Ex Parte Tyler 149 Us 164 (37 L Ed 689) 1
- Ex Parte Webb 24 Nev 242 (16 Am Rep 1) Csi Pac 1027 1
- Ex Parte Webb 24 Nev 242 51 Pac 1027 1
- Ex Parte Wilson 114 Us 417 1
- Ex Parte Yarbough 110 Us 651 1
- Foster Vs Meyers 59 Or 549550 1
- Harrington Vs Jones 99 Pac 955 (Or) 1
- Hawley V Anderson 98 Or 191 190 Pac 1097 195 Pac 558 1
- Heatherly V Hadley 4 Ore 1 1
- Hoxwie V Potter 16 R I 374 17 Atl 129 1
- Hummel V Parriah (Utah) 134 Pac 898 1
- In Re Frederich 149 Us 70 (37 L Ed 653) 1
- In Re Lane 135 Us 443 (34 L Ed 219) 1
- In Re Newton 16 Cb 97 1
- In Re Norton 68 Pac 659 1
- In Re Swan 150 Us 637 (37 L Ed 1207) 1
- Juvenile Court Of Shelby Co Vs State Ex Rel Humphrey 139 Tenn 549 201 Sw 771 1
- Kelsey Vs Carroll 38 Pac 867868 1
- Kennedy Vs Meara 9 Am And Eng Cases 396 1
- Knapp V Wallace 50 Oreg 347 1
- Long V Minto 81 Ore 281 1
- Lord's Oregon Laws Section 4406 1
- Lord's Oregon Laws Section 7097 1
- Lord's Oregon Laws Section 7099 1
- Mills Vs Brown 31st Utah 473 1
- Montour Vs Purdy 11 Minn 384 1
- Northcut V Lemery 8 Ore 316 1
- Nugent Vs Powell 4 Wyo 139 33rd Pac 2328 20 Lra 199 1
- Ogden Vs State 156 Nw 476477 1
- People Vs Liscomb 60 Ny 559 (19 Am Rep 221) 1
- People Vs Mcleod 3 Hill (Ny) 659616 1
- People Vs Walter 15 Abb Nc 461 1
- Re Pryse L R A 41 (Ns) P 590 1
- Re Sharp 18 L R A Ns 886 1
- Reynolds V Howe 51 Conn 472 1
- Rule V Geddes 23 App D C 31 1
- Section 1082 Lord's Oregon Laws 1
- Section 1920 Of The Oregon Criminal Code 1
- Section 1923 Of Lords Oregon Laws 1
- Section 1948 Lord's Oregon Laws 1
- Section 1964 Of Lord's Oregon Laws 1
- Section 4016 Of Lord's Oregon Laws 1
- Section 4407 Of Lord's Oregon Laws 1
- Section 628 Of Lord's Oregon Laws 1
- Section 628 Of Lords Oregon Laws 1
- Section 634 Of Lord's Oregon Laws 1
- Section 641 Of Lord's Oregon Laws 1
- Section 661 Of Lord's Oregon Laws 1
- Sections 16021234 Oregon Laws 1
- Sections 277 And 282 Of Black On Judgments (1902 Ed) 1
- Sections 44064426 Of Lord's Oregon Laws 1
- Sections 440910 Of Lord's Oregon Laws 1
People
- Steiner R E Lee 7
- Durbin Frank W 6
- Bingham George G 14
- Boyer U G (Clerk) 13
- Galloway William 13
- Boise Reuben Patrick 9
- Smith J N 3
- Bower O D (Deputy Sheriff) 8
- Needham W I (Sheriff) 8
- Boyer U G (Deputy Clerk) 7
- Esch William (Sheriff) 7
- Gehlhar Max (Clerk) 7
- Compton Louis H 2
- James C W 2
- Mcnary John Hugh 6
- Minto John W 2
- Garland Thomas L 3
- Doe John (Hccaseor0022 Hccaseor0024) 2
- Hall W W (Clerk) 4
- Mcnary Charles Linza 4
- Moore Willis S 4
- Needham W I (Deputy Sheriff) 4
- Roe Richard (Hccaseor0022 Hccaseor0024) 2
- Allen Roderic D (Clerk) 3
- Anderson D L 1
- Anderson Nancy 1
- Anderson William 1
- Anselma Mother M (Sister Superior Of The Benedictine Sisters) 1
- Barnes J C 1
- Benjamin Joseph A 3
- Benson Arthur S (Clerk) 3
- Beveridge Joseph W (Clerk) 3
- Bower O D 1
- Boyington M G (Deputy Clerk) 3
- Brown George M 3
- Brown Thomas 3
- Burnett George H 3
- Carson John A 3
- Carson John H 3
- Croisan Edward M 1
- Culver W J (Sheriff) 3
- Curtis Frank H 1
- Ford John T 1
- Gardner William L (W T Gardiner John Doe Gardiner) 2
- Gatens William N (Judge) 3
- Hopkins Esther M 1
- Ivie M R (Deputy Clerk) 3
- Kavanaugh J P (Judge) 3
- Kelly Percy R 3
- Kloepping H H (Deputy Clerk) 3
- Miller Clara 1
- Miller William E 1
- Montgomery Sarah J 1
- Patterson Clara C 1
- Rupert H J 1
- Sheldon Albert 1
- Small Thomas H 1
- Smith B R (Deputy Sheriff) 3
- Stevens Robert L 1
- Walton Jr James 2
- Weeks Florence Bell 1
- Weeks Lloyd 1
- Welch Jack T 1
- Abraham Albert 1
- Adams Louis 2
- Alexander George R (Notary Public) 2
- Bean Henry J (Associate Justice) 2
- Berry R E 1
- Bower O D (Sheriff) 2
- Brown George Arthur 1
- Brown George M (Attorney General) 2
- Brown R T (Clerk) 2
- Burnett George H (Associate Justice) 2
- Colbath Benjamin B (Notary Public) 2
- Condit Alva O 2
- Crader Bertha 1
- Crawford Andrew Murray 2
- Edes George A (Clerk) 2
- Egan W H (Clerk) 2
- Eyerly Raymond 1
- Eyerly Russell 1
- Ferguson F B (Complainant) 2
- Ford Nathaniel 1
- Foster Frank 1
- Garland Netta A (Notary Public) 2
- Gregory Edward 1
- Hart J N 2
- Henderson W G (Sheriff) 2
- Houghton Charles V (Alias Chick) 1
- Jackson Samuel 1
- Jeffrey John A 2
- Jones G W (Clerk) 2
- Josephi S E (Physician) 2
- Keator R I (District Attorney) 2
- Kissinger C M 2
- Kliks B A 2
- Kozer Sam A 1
- Lachappelle Joe (Lachapell) 1
- Lachappelle Oliver (Lachapell) 1
- Lenox E H (Clerk) 2
41 results
Download JSON Download CSVApplication of Robin Holmes for a Habeas Corpus directed to Natheniel Ford to bring up the bodies of Jenny or Mary Jane Holmes, Roxanna Holmes and James Holmes, children of said Robin Holmes
- Earliest record date: January 1, 1841
- Petition type(s): Interpersonal: wrongful enslavement
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the matter of the application of J. J. Blevins for writ a [sic] Habeas Corpus
- Earliest record date: September 29, 1866
- Petition type(s): Interpersonal: child custody
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the matter of the petition of C. W. Zaeuker for a writ of Habeas Corpus
- Earliest record date: September 18, 1877
- Petition type(s): Carceral: cause unspecified
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the Matter of the Petition of Mrs. Duncan Ross for a Writ of Habeas Corpus for the body of her Son Hallie Sheldon
- Earliest record date: July 14, 1893
- Petition type(s): Interpersonal: child custody
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Application of Nicholas Dick for a Writ of Habeas Corpus
- Earliest record date: June 1, 1894
- Petition type(s): Carceral: disturbing the peace | Carceral: refusal or inability to pay fine
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the matter of the application of Samuel Jackson for a writ of Habeas Corpus
- Earliest record date: October 30, 1900
- Petition type(s): Carceral: assault and battery | Carceral: refusal or inability to pay fine
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the matter of the application of Benjamin Wise for a Writ of Habeas Corpus
- Earliest record date: December 19, 1900
- Petition type(s): Carceral: arson
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Application of Joe Lachapell for a Writ of Habeas Corpus
- Earliest record date: December 31, 1900
- Petition type(s): Carceral: using obscene language in the presence of women | Carceral: refusal or inability to pay fine
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the Matter of the Application of Oliver Lachapell for a Writ of Habeas Corpus
- Earliest record date: December 31, 1900
- Petition type(s): Carceral: using obscene language in the presence of women | Carceral: refusal or inability to pay fine
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the Matter of the Application of Edward Gregory for a Writ of Habeas Corpus
- Earliest record date: December 28, 1901
- Petition type(s): Carceral: assault and battery
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the matter of the application for a Writ of Habeas Corpus for Mollie A. Calhoun, a minor
- Earliest record date: March 23, 1903
- Petition type(s): Interpersonal: child custody
- Petition outcome: Petition withdrawn
- Fate of bound party: Remained in custody
In the matter of the petition of F. W. G. Muller for a writ of habeas corpus
- Earliest record date: November 6, 1905
- Petition type(s): Carceral: disturbing the peace
- Petition outcome: Writ allowed
- Fate of bound party: Unknown
In the matter of the Petition of Ardula M. Porter on behalf of Clara Barnes for writ of habeas corpus
- Earliest record date: September 8, 1906
- Petition type(s): Interpersonal: child custody
- Petition outcome: Petition withdrawn
- Fate of bound party: Released from custody
In the Matter of the Petition of Charles Houghton for Writ of Habeas Corpus
- Earliest record date: June 11, 1903
- Petition type(s): Carceral: larceny
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Application of R. E. Berry for a Writ of Habeas Corpus
- Earliest record date: June 22, 1907
- Petition type(s): Carceral: forgery
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the Matter of the Petition for Writ of Habeas Corpus on behalf of Frank Foster [originally titled, In the Matter of the Application of Homer Rutherford for Writ of Habeas Corpus, on behalf of Frank Foster]
- Earliest record date: October 24, 1912
- Petition type(s): Carceral: assault and robbery with a dangerous weapon
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Petition of Edwin L. Cady for a Writ of Habeas Corpus, in behalf of William L. Gardner vs Dr. R. E. Lee Steiner, Sup’t. of the Oregon State Hospital for the Insane
- Earliest record date: September 1, 1911
- Petition type(s): Institutional: insanity
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Application of Euphemia Eastwick for a Writ of Habeas Corpus
- Earliest record date: December 11, 1911
- Petition type(s): Institutional: insanity
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Application of James Walton, Jr. for a Writ of Habeas Corpus, in behalf of Edward Carter vs. Dr. R. E. Lee Steiner
- Earliest record date: November 27, 1914
- Petition type(s): Institutional: insanity
- Petition outcome: Petition withdrawn
- Fate of bound party: Unknown
In the Matter of the Application of W. T. Gardiner for a Writ of Habeas Corpus (James Walton Jr Petitioner)
- Earliest record date: September 1, 1911
- Petition type(s): Institutional: insanity
- Petition outcome: Writ dismissed
- Fate of bound party: Unknown
In the Matter of the Application of Virgie La Grand, ex rel James La Grand, her husband, for a Writ of Habeas Corpus vs. Esther M. Hopkins, Supt. State Industrial School for Girls
- Earliest record date: November 7, 1914
- Petition type(s): Institutional: juvenile detention | Institutional: spousal custody
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Application of A. M. Long for a Writ of Habeas Corpus
- Earliest record date: February 18, 1916
- Petition type(s): Carceral: larceny
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
Roy Stearns vs. R. R. Lee Steiner, Superintendent of the Oregon State Hospital
- Earliest record date: July 18, 1916
- Petition type(s): Institutional: insanity
- Petition outcome: Writ dismissed
- Fate of bound party: Released from custody
In the Matter of the Application of Ina Anderson, Plaintiff, vs. William Anderson and Nancy Anderson his wife and D. L. Anderson, Defendants, for a Writ of Habeas Corpus
- Earliest record date: December 16, 1916
- Petition type(s): Interpersonal: child custody | Interpersonal: kidnapping
- Petition outcome: Writ dismissed
- Fate of bound party: Unknown
In the Matter of the Application of George Harrision For a Writ of Habeas Corpus
- Earliest record date: June 13, 1918
- Petition type(s): Carceral: assault with a deadly weapon
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Application of Josephine Shelton formerly Josephine Matlock For a Writ of Habeas Corpus
- Earliest record date: July 14, 1919
- Petition type(s): Interpersonal: child custody
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody | new custody arrangement reached
In the matter of the application of Sadie Millett and Harry D. Ryan, for the writ of Habeas Corpus for the custody of Constance Cheshire
- Earliest record date: March 9, 1916
- Petition type(s): Institutional: child custody
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the matter of the application of Frances Hulm For a writ of Habeas Corpus
- Earliest record date: December 27, 1919
- Petition type(s): Institutional: child custody
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the Matter of the Petition of Russell Eyerly and Raymond Eyerly for a Writ of Habeas Corpus
- Earliest record date: March 22, 1920
- Petition type(s): Carceral: fugitive from justice
- Petition outcome: Petition withdrawn
- Fate of bound party: Unknown
In the Matter of the Application of William M. Zook For a Writ of Habeas Corpus
- Earliest record date: December 14, 1917
- Petition type(s): Institutional: spousal custody | Institutional: juvenile detention | Institutional: disability
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Application of Nettie Patterson for and on behalf of W. Burlingame, for a writ of habeas corpus
- Earliest record date: September 8, 1919
- Petition type(s): Carceral: knowingly uttering and publishing a forged customer's draft
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Petition of George Arthur Brown for a writ of Habeas Corpus for George Uber
- Earliest record date: May 16, 1918
- Petition type(s): Institutional: insanity
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the Matter of the Application of Elvie D. Kerby for a writ of habeas corpus
- Earliest record date: October 24, 1921
- Petition type(s): Carceral: first degree murder
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Application of David S. Patterson for a Writ of Habeas Corpus
- Earliest record date: December 16, 1921
- Petition type(s): Carceral: larceny | Carceral: obtaining money under false pretenses
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
Harriet O'Grady, on behalf of Myrtle O'Grady, vs. Doctor J. N. Smith, Superintendent of the State Institution for Feeble Minded
- Earliest record date: May 1, 1923
- Petition type(s): Institutional: juvenile detention
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
In the Matter of the Application of M. L. Hills and Myrtle Hills for a Writ of Habeas Corpus
- Earliest record date: March 19, 1924
- Petition type(s): Institutional: juvenile detention
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
Bertha Crader vs. F. W. Durbin and State of Oregon
- Earliest record date: January 21, 1901
- Petition type(s): Carceral: cause unspecified
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
Patrick Holland vs. Dr. R. E. Lee Steiner
- Earliest record date: February 13, 1913
- Petition type(s): Institutional: insanity
- Petition outcome: Writ dismissed
- Fate of bound party: Unknown
In the matter of the petition of J. B. Montgomery for the possession of Mary P. Montgomery, an infant, alleged to be detained by Sarah J. Montgomery
- Earliest record date: September 21, 1876
- Petition type(s): Interpersonal: child custody
- Petition outcome: Writ allowed
- Fate of bound party: Released from custody
In the matter of the petition of James Oswald on behalf of Bill Oswald for a Writ of Habeas Corpus and the Answer of E. M. Croisan Sheriff of Marion County, Oregon to said Writ
- Earliest record date: October 1, 1890
- Petition type(s): Carceral: cause unspecified
- Petition outcome: Writ denied
- Fate of bound party: Remained in custody
Frank Councilman, and Isabelle Councilman, Petitioners and Plaintiffs vs. The State Institution for the Feeble Minded, and J. N. Smith, Superintendent of said Institution
- Earliest record date: October 19, 1921
- Petition type(s): Institutional: juvenile detention
- Petition outcome: Unknown
- Fate of bound party: Unknown
