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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.

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1876 results

Writ of habeas corpus for Sterling P. White, an important witness

  • Earliest record date: October 12, 1885
  • Petition type(s): Carceral: appear to testify (ad testificandum)
  • Petition outcome: Writ allowed
  • Fate of bound party: Remained in custody

W.M. Kirby vs. Territory of Washington

  • Earliest record date: August 16, 1862
  • Petition type(s): Carceral: murder
  • Petition outcome: Unknown
  • Fate of bound party: Not in custody

William Smith vs. Territory of Washington

  • Earliest record date: August 12, 1862
  • Petition type(s): Carceral: grand larceny
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

William Smith vs. Territory of Washington

  • Earliest record date: August 12, 1862
  • Petition type(s): Carceral: grand larceny
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

W. M. Kirby vs. Territory of Washington

  • Earliest record date: August 16, 1862
  • Petition type(s): Carceral: murder
  • Petition outcome: Unknown
  • Fate of bound party: Not in custody

Vincent Duncan vs. James Duncan

  • Earliest record date: November 5, 1829
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ allowed
  • Fate of bound party: Remained in custody

Unknown

  • Earliest record date: November 7, 1884
  • Petition type(s): Carceral: cause unspecified
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

United States vs. Mathias Rose

  • Earliest record date: December 3, 1819
  • Petition type(s): Interpersonal: wrongful enslavement
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

United States of America vs. Leonard Martin

  • Earliest record date: May 1, 1885
  • Petition type(s): Carceral: unlawfully soliciting business
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

United States of America v Aiken Salter

  • Earliest record date: August 16, 1923
  • Petition type(s): Carceral: selling and dealing narcotic drugs
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

The United States of America upon the relation of John R. Howard v. James B. Nickerson, Acting United States Marshal for the District of Nebraska, and Edwin C. Boehler, United States Commissioner for the Omaha Division, District of Nebraska and Michael L. Clark, Sheriff of Douglas County, Nebraska

  • Earliest record date: May 7, 1921
  • Petition type(s): Carceral: fugitive from justice | Carceral: uttering and passing forged paper | Carceral: robbery and battery | Carceral: obtaining money under false pretenses
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

The United States of America upon the relation of Harry Compton v. James B. Nickerson, Acting United States Marshal for the District of Nebraska, and Edwin C. Boehler, United States Commissioner for the Omaha Division, District of Nebraska and Michael L. Clark, Sheriff of Douglas County, Nebraska

  • Earliest record date: May 7, 1921
  • Petition type(s): Carceral: fugitive from justice | Carceral: uttering and passing forged paper | Carceral: robbery and battery | Carceral: obtaining money under false pretenses
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

The United States of America upon the relation of Axel Pierson v. James B. Nickerson, Acting United States Marshal for the District of Nebraska, and Edwin C. Boehler, United States Commissioner for the Omaha Division, District of Nebraska and Michael L. Clark, Sheriff of Douglas County, Nebraska

  • Earliest record date: May 7, 1921
  • Petition type(s): Carceral: fugitive from justice | Carceral: uttering and passing forged paper | Carceral: robbery and battery | Carceral: obtaining money under false pretenses
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

The United States of America upon the relation of Arthur Wyse v. James B. Nickerson, Acting United States Marshal for the District of Nebraska, and Edwin C. Boehler, United States Commissioner for the Omaha Division, District of Nebraska and Michael L. Clark, Sheriff of Douglas County, Nebraska

  • Earliest record date: May 7, 1921
  • Petition type(s): Carceral: fugitive from justice | Carceral: uttering and passing forged paper | Carceral: robbery and battery | Carceral: obtaining money under false pretenses
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

To Rolla Rose Habeas Corpus

  • Earliest record date: April 23, 1825
  • Petition type(s): Interpersonal: wrongful enslavement | Interpersonal: kidnapping
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

Thornton Kinney (of color) vs John F. Hatcher and Charles C. Bridges

  • Earliest record date: October 7, 1851
  • Petition type(s): Carceral: fugitive slavery
  • Petition outcome: Writ denied
  • Fate of bound party: Dismissed

Thomas Reddington and Patrick Gallagher v. William Cochrane

  • Earliest record date: September 15, 1887
  • Petition type(s): Carceral: first degree murder
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Thomas and Catherine Gilbert v. William Cochrane

  • Earliest record date: May 2, 1888
  • Petition type(s): Institutional: imprisoned for longer than term
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Territory of Washington V. Wilson D. Coyle

  • Earliest record date: April 5, 1885
  • Petition type(s): Institutional: imprisoned for longer than term | Carceral: assault with a deadly weapon
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

Territory of Washington v. William C. Swartz

  • Earliest record date: July 9, 1885
  • Petition type(s): Carceral: stole one cow
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

Territory of Washington v. Mary Ann and Adaline O'Neil

  • Earliest record date: November 12, 1875
  • Petition type(s): Carceral: vagrancy
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Territory of Washington v. George Woodard

  • Earliest record date: July 5, 1887
  • Petition type(s): Carceral: unlawful sale of intoxicating liquor
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Territory of Washington v. George Grant

  • Earliest record date: February 14, 1888
  • Petition type(s): Carceral: infamous crime against nature with a beast
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Territory of Washington v. Chin Chung. Application for Writ of Habeas Corpus

  • Earliest record date: November 10, 1882
  • Petition type(s): Carceral: drug use | Carceral: opium use | Carceral: refusal or inability to pay fine
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

Territory of Washington v. Arlington and Johnson

  • Earliest record date: January 23, 1885
  • Petition type(s): Carceral: drug use
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Territory of Nebraska v. Leonard A. Collins

  • Earliest record date: April 24, 1866
  • Petition type(s): Carceral: larceny
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

Territory of Nebraska v. James Appleby

  • Earliest record date: September 29, 1865
  • Petition type(s): Carceral: murder
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

The Territory of Nebraska on relation of William Porter vs. Shepard Duke, Sheriff of Cass County

  • Earliest record date: October 12, 1861
  • Petition type(s): Carceral: assault and battery
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

The Territory of Nebraska on relation of John Krauth vs. John Duke, Sheriff of Cass County

  • Earliest record date: October 18, 1861
  • Petition type(s): Carceral: assault and battery
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Sterling P. White v. John Cody

  • Earliest record date: December 21, 1884
  • Petition type(s): Carceral: manslaughter
  • Petition outcome: Writ dismissed
  • Fate of bound party: Remained in custody

The State on the Relation of Lee McCoy vs. Samuel M. Melick, Warden Nebraska State Penitentiary

  • Earliest record date: August 13, 1912
  • Petition type(s): Carceral: cattle stealing
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

State of Nebraska vs. G. A. Applegate

  • Earliest record date: April 10, 1917
  • Petition type(s): Carceral: drunk and disorderly
  • Petition outcome: Writ allowed
  • Fate of bound party: Remained in custody

The State of Nebraska vs. Frank Kelley

  • Earliest record date: September 7, 1867
  • Petition type(s): Carceral: larceny
  • Petition outcome: Writ allowed
  • Fate of bound party: Released on bail

State of Nebraska vs. Ed Mason

  • Earliest record date: October 15, 1877
  • Petition type(s): Carceral: attempted murder
  • Petition outcome: Writ denied
  • Fate of bound party: Released on bail

The State of Nebraska v. Yellow Sun et al

  • Earliest record date: June 12, 1871
  • Petition type(s): Carceral: murder
  • Petition outcome: Writ allowed
  • Fate of bound party: Released on bail

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

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

State of Nebraska on the relation of Samuel J. Coffman vs. India A. Coffman

  • Earliest record date: May 15, 1896
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

State of Nebraska on the relation of Lille Walton, Cora Walton, Ernest Glenn Walton, Ledonia Walton, and Bessie Walton and Petition of Hiatt Elmer Walton, father of said children, for habeas corpus

  • Earliest record date: March 4, 1915
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

The State of Nebraska on the relation of Leon Angus vs. Felix J. McShane and Henry Schroeder

  • Earliest record date: June 14, 1916
  • Petition type(s): Carceral: vagrancy | Carceral: carrying a concealed weapon
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

The State of Nebraska On the Relation of Hermann Reiter, Complainant vs. Johanna Reiter, Respondent

  • Earliest record date: January 29, 1898
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: New custody arrangement reached

State of Nebraska on Relation of Thomas Sexton, Relator V. John Briggs and Michael Corcoran, Respondent

  • Earliest record date: May 19, 1913
  • Petition type(s): Carceral: cause unspecified
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

State of Nebraska ex Relative Alvira E. Britton, Plaintiff Vs. Stephen W. Bryant and Alice Bryant, Defendants

  • Earliest record date: June 5, 1913
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody | new custody arrangement reached

State of Nebraska ex rel Richard Seward by Kittie F. Noonan, his next friend, etc. vs. Agnes Donohue, et al.

  • Earliest record date: July 12, 1918
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Unknown

State of Nebraska ex rel Ellen Kinnison, Relator, vs Henry Kinnison and Iva Kinnison, his wife, George Kinnison and Ruby Kinnison, his wife, Respondents

  • Earliest record date: April 17, 1924
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown
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