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In the
District Court of Hamilton County, Nebraska |
View The Court Papers |
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THE STORY
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On April 6, 1920, two of William Siebler's older daughters, Carrie and Anna went to the home of William and Hattie 1 Siebler in Aurora, Nebraska, and somehow convinced2 their youngest sister, Evelina,3 to return with them to Humphrey, Nebraska. Two days later on April 8, 1920, William Siebler, joined by the State of Nebraska, filed a petition in State District Court for the return of Evelina. Apparently, William was unable to convince his daughters to return the young girl voluntarily. On April 19, 1920, The Court issued a Writ of Habeas Corpus for Evelina Siebler, and on April 26, 1920, Sheriff JE Howard executed the writ, and took custody of Evelina from Anna and Carrie. Presumably he returned her to William and Hattie's home in Aurora.
Also on April 26, 1920, Anna and Carrie filed their Answer to the Petition with the court. In their answer, they alleged that William failed to provide Evelina with "a suitable home, food and clothing." They also alleged that Evelina has been "greatly abused and neglected" by William, that she "has been subjected to cruel and inhuman treatment", and this forced her to flee and take refuge with her older sisters. April 26, 1920, continued to be a busy day at the courthouse as Subpoenas were issued to Louis and Anna Young,4 H.A. Eggert, and Mabel Kerr5 to testify on behalf of the Defendant daughters. Two additional Subpoenas are issued to Dr. Rachel M. Cooper6 and Dr. G.H. Marvel. They are to testify on behalf of William Siebler. Finally, on April 26, 1920, the attorney for the State of Nebraska and William Siebler files a demur to the Answer of Anna and Carrie claiming that it does not constitute a defense. If successful, this pleading could have left them facing the possibility of being criminally charged with kidnapping. However, and in spite of the Plaintiff's objection, the court Overrules the demur, and the matter is ready to proceed to trial.
Then on April 29, 1920, the State of Nebraska and William Siebler go before the court and move that the proceedings be dismissed, which they are. And although the court does return Evelina to William's custody, she is also placed under the supervision of County Attorney Frank E. Edgerton7 with the explicit instruction "at any time that he becomes satisfied that said child is not receiving the proper care and treatment it will then be his duty to bring the matter up....before the court".
And if you are curious to know where Hattie was in all these proceedings, the answer probably lies in or near the fact that she did not adopt any of the children from William's first marriage. Consequently, she had no standing to be legally involved in the proceedings. Also, it is doubtful that she would have been allowed to testify on William's behalf8 No doubt she was by his side throughout the entire ordeal. |
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ENDNOTES
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Hattie (born October 10, 1885 - died September 3, 1974) was William's second wife. They were married on March 25, 1910 in Medicine Lodge, Kansas by Judge Garison. When she married William, she was only 12 years older than his oldest daughter. She and William had 6 children during their marriage.
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Papers filed with the
District Court of Hamilton, Nebraska, allege that Anna and Carrie
"wrongfully and unlawfully by force of arms and by inducements and
enticements persuaded, induced and carried away said Evelina". This
writer is suspect of the allegation as the language was probably
necessitated by statute. Besides, these were her older sisters.
Getting Evelina to go with them was more likely accomplished under
the pretense of going to the store, or perhaps to the park. However,
to allege that she was taken at gunpoint certainly adds an element
of suspense to the family drama. |
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3. |
Evelina Siebler (born
March 10, 1909 - died November 30, 1992) was the 12th and last child
born to William and Lena Siebler. Lena died on March 13, 1909, 3
days after Evelina's birth. |
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4. |
Louis and Anna Young were neighbors who lived about a block from the Siebler Home.
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5. |
Mable Kerr was a neighbor
who lived about two blocks from the Siebler home. |
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6. |
Mildred (Siebler) Goodban remembers Dr. G. H. Marvel as someone who probably took care of the children. She does not remember Dr. Racheel M. Cooper.
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7. |
Edgerton's son, Harold Edgerton, would later invent the strobe light.
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8. |
Nebraska laws provided for limited immunity or privilege for communications between spouses. Had she taken the stand to testify, Hattie would have waived this privilege and would have been subjected to severe cross examination by the lawyer for the defendant daughters. |