In the Matter of the Application of Agnes Smith for a Writ of Habeas Corpus

Doc. 33 Page 39

Gage County
District Court

In the matter of the
Application of Agnes
Smith for a Writ of Habeas Corpus

Title of Action Petition for Habeas Corpus
Filed May 2nd 1921
F. E. Lenhart
Mo. Clerk of District Court

Attorneys:
C E Walsh
Plaintiff

In the District Court of Gage County, Nebraska.

In the Matter of the Application of Agnes Smith for a Writ of Habeas Corpus.

Petition for Habeas Corpus.

Your petitioners, Mrs. Thomas Foley, mother, and T. F. Foley, step-father of above named Agnes Smith, represents to Honorable L. W. Colby, Judge of the District Court for the County of Gage, State of Nebraska, that said Agnes Smith is unlawfully deprived of her liberty by S. J. Stewart, Superintendent of the Institution for Feeble Minded Youth located at Beatrice, Nebraska, and by L. C. Oberlies, A. E. Allyn, Miss K. F. Worley, and E. B. Fairfield members of the State Board of Control.

Your petitioners further state that said Agnes Smith was during the year 1913 committed from the Juvenile Court Of Douglas County, Nebraska, to the Geneva School for a period of two years, but was detained there for over five years and at the end of that period was committed to the Institution for Feeble Minded Youth at Beatrice, Nebraska, without the consent and against the will of said Agnes Smith, and without due notice to your petitioners, and that she is now detained there against her will and without the consent of your petitioners, and against her will and consent. Your petitioners state that said Agnes Smith is not feeble minded.

Your petitioners therefore pray that a writ of habeas corpus may be issued, and that she may be discharged from said unlawful imprisonment.

Mrs Mary Foley
Thomas F Foley

State of Nebraska
County of Douglas ss

Mrs. Thomas Foley and T. F. Foley being first duly sworn on oath deposes and says that they are the parents of above named Agnes Smith, that they have read the foregoing petition and that 
the facts therein stated are true.

Mrs Mary Foley
Thomas F Foley

Subscribed in my presence and sworn to before me this 27th day of March, 1921.

C. E. Walsh
Notary Public.

County Court
Fillmore County, Nebraska

Citation

Rec'd Jan. 4, 1918.
C. J. Warner, Sheriff
By Eric Johnson, Dpty.

Filed Jan 4, 1918.
W. R. Fulton, County Judge
By Hattie A. Little
Clerk of the County Court.

State of Nebraska,
Fillmore County. ss.

Received the within writ of Citation this the 4th day of January 1918, and served the same this the 4th day of January by delivering personally to Lyda J. McMahon, superintendent of the Geneva Industrial School of Geneva, Nebraska and Guardian for the within named Agnes Smith a true and certified copy of the within writ with all the endorsements thereon.

C. J. Warner, Sheriff,
By Eric Johnson, Deputy.

Fee
Serv & Ret .75
Mil .20
$.95

The State of Nebraska,
Fillmore County. ss.

To the Sheriff of said County, Greeting:

You are commanded to cite Agnes Smith, also the County of Douglas in Nebraska, personally to be and appear in the County Court for said County of Fillmore, Nebraska, on the 19th day of January, 1918, at 10 o'clock in the forenoon, to show cause, if any there be why said Agnes Smith should not be committed to the State Institution for Feeble Minded at Beatrice, Nebraska.

This citation to be served at least 14 days before the return day thereof, and have you then and this writ with your doings thereon.

Witness my hand and the seal of our County Court this 4th day of January, A. D. 1918.

W. R. Fulton,
County Judge.

In the District Court of Gage County, Nebraska.

In the Matter of the Application of Agnes Smith for a writ of Habeas Corpus.

Order

Now on this day came Agnes Smith, by Mrs. Thomas Foley, and T. F. Foley, her parents, and presented her petition, duly verified, praying for a writ of habeas corpus, and produced to me evidence of her unlawful detention whereby she is deprived of her liberty, and it being made to appear that said Agnes is unlawfully detained,

It Is Therefore ordered that a writ of habeas corpus be allowed to issue in favor of said Agnes Smith returnable on the 9th day of May at one o'clock P.M. and be directed to S. J. Stewart, Superintendent of the Institution for Feeble Minded Youth at Beatrice, Nebraska, and L. C. Oberlies, A. E. Allyn, Miss K. F. Worley, and E. B. Fairchild members of the State Board of Control.

By the Court.
Leonard W. Colby.
Judge.

Beatrice, Nebraska
May 2nd, 1921.

State of Nebraska
Lancaster County SS

I hereby certify that on the 5th. day of May, 1921, I served the within Writ on the within named L. C. Lberlies [sic], A. E. Allyn and Miss. K. F. Worley, by delivering to each of them in person a true and certified copy of this Writ with all endorsements thereon, all done in Lancaster County, Nebraska, as required by law.

Ira Miller, Sheriff.
By E. C. Ward
Deputy

Fees
Service and return $1.00
Copies .75
Mileage .30
$2.05

Returned and Filed
May 7th 1921
F E Lenhart
Clerk.

In the District Court of Gage County, Nebraska.

In the Matter of the Application of Agnes Smith for a Writ of Habeas Corpus.

Order.

Now on this day came Agnes Smith, by Mrs. Thomas Foley and T. F. Foley, her parents, and presented her petition, duly verified, praying for a writ of habeas corpus, and produced to me evidence of her unlawful detention whereby she is deprived of her liberty, and it being made to appear that said Agnes Smith is unlawfully detained,

It Is Therefore ordered that a writ of habeas corpus be allowed to issue in favor of said Agnes Smith returnable on the 9th day of May, at one o'clock, P.M., and be directed to S. J. Stewart, Superintendent of the Institution for Feeble Minded Youth at Beatrice, Nebraska, and L. C. Oberlies, A. E. Allyn, Miss K. F. Worley, and E. B. Fairchild members of the State Board of Control.

By the Court,
Leonard W. Colby
Judge.

Beatrice, Nebraska,
May 2, 1921.

Appearance Docket 33 Page 39

In the District Court of Gage
County, Nebraska.

In the Matter of the Application of Agnes Smith for a Writ of Habeas Corpus.

Return of
Samuel J. Stewart, Supt.

Filed
May 9, 1921
F E Lenhart,
Clerk District Court.

Clarence A. Davis, Atty. Gen'l.
Attorney for Respondent.

In the District Court of Gage County, Nebraska.

In the Matter of the Application 
of Agnes. Smith for a Writ of 
Habeas Corpus

Return

Samuel J. Stewart, Superintendent of the Institution for Feeble Minded Youth of the State of Nebraska, for answer and return to the writ of habeas corpus, herein states that Agnes Smith, whose custody is asked in this proceeding, was committed to the Nebraska Home for Feeble Minded Youth by virtue of a commitment, a true copy of which is attached to this return marked "Exhibit A", and that respondent now holds the said Agnes Smith in custody, as Superintendent of said Nebraska Institution for Feeble Minded Youth, by virtue of said commitment.

Wherefor [sic], in obedience to the writ of habeas corpus, respondent, Samuel J. Stewart, Superintendent, now produces the body of Agnes Smith before this court to be dealt with according to law, and prays that this writ of habeas corpus be dismissed.

Dated May 9, 1921.

Samuel J. Stewart.
Superintendent of Nebraska Institution for Feeble Minded Youth.

State of Nebraska,
County of Gage, ss.

Samuel J. Stewart, first being duly sworn on oath deposes and says that he is the Superintendent of the Institution for Feeble Minded Youth of Nebraska; that he has read the foregoing return, knows the contents thereof, and that the allegations and statements therein are true as he verily believes.

Samuel J. Stewart.

Subscribed and sworn to in my presence 
this 9th day of May, 1921.

F E Lenhart

"Exhibit A"

In The County Court of Fillmore County, Nebraska.

In the matter of Agnes Smith, Feeble Minded

Decree.

This cause came on to be heard this 2nd day of February, 1918, upon the petition and the evidence, and was submitted to the court, upon consideration whereof the court, being fully advised in the premises, finds:

1. That due notice of the pendency of this proceeding and of this hearing has bene given to all parties in interest, to-wit: Miss Lyda J. McMahon, Agnes Smith and Douglas County, and that the court has jurisdiction of the parties and subject matter of this action;

2. That the allegations of the petition are true;

3. That Agnes Smith, a female person, was born on the _____ day of __________, 1___; is a bona fide resident of the county of Douglas, in the State of Nebraska, and is a feeble-minded person;

4. That said person is a proper subject for commitment to the Nebraska Institution for Feeble Minded Youth and that the best interests of said person and the welfare of society require that she be committed to said institution; and

5. That said person has no estate sufficient to meet the costs of this proceeding and of h___ suitable clothing and incidental expenses while there, ______________________________________________________ (describe property, if any) ______________________________________________________ and that ____________________, the mother of said person is not possessed of sufficient property or income to meet the obligation of maintaining and providing for the above named unfortunate is a charge upon Douglas County, Nebraska.

It is therefore considered, ordered and decreed by the court that said Agnes Smith be and is hereby committed to the Nebraska Institution for Feeble Minded Youth and be removed thereto and detained therein until duly discharged therefrom.

It is further considered and ordered by the Court that the expense of this proceeding, together with the annual cost of maintenance of the above named unfortunate at the Institution to which she is committed, together with the costs of transferring the patient from her present location to the Institution for Feeble Minded Youth at Beatrice.

Pg. 2 - "Exhibit A"

be and hereby is assessed to the County of Douglas, and that the said County be ordered to pay into this Court the costs of said proceeding and transfer, and that the expense of future maintenance of said unfortunate at the Beatrice Institution be defrayed by said County of Douglas.

By the Court,
W. R. Fulton
County Judge.

The State of Nebraska
Gage County ss

The State of Nebraska, to the Sheriff of Gage County, Nebraska, Greeting:-

You are hereby commanded, that the body of Agnes Smith, now supposed to be in Gage County, Nebraska, and by S. J. Stewart, Superintendent of the Institution for Feeble Minded Youth located at Beatrice, Nebraska, who detained such person and restrain her of her liberty, as it is said, together with cause of her detention, you take and have before, the Hon. L. W. Colby, Judge of the District Court in and for Gage County, Nebraska, at the court house in Beatrice, Nebraska on the 9th day of May, 1921 at the hour of two o'clock in the afternoon thereof, forthwith to do and receive what the said judge shall then and there consider concerning her in this behalf. And have you then and there this writ with your doings thereon.

Witness- L. W. Colby, Judge of the District Court of Gage County, Nebraska, and the seal of said court affixed hereto this 2nd day of May, 1921.

F E Lenhart
Clerk of the District Court, Gage County, Nebraska