Page:Oregon Historical Quarterly volume 23.djvu/174

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of the said Mary Jane, James and Roxanna Holmes before your Hon. attention at chambers, and to summon the said Nathaniel Ford to show cause, if any he may have, why he has imprisoned and restrained of their liberties the said Mary Jane, James and Roxanna Holmes, so as aforesaid; and otherwise to do and receive what to law and justice doth appertain, and that the said Mary Jane, James and Roxanna Holmes may be set at liberty; And as in duty bound your petitioner will ever pray.

his Robin X Holmes

mark Territory of Oregon, )

) ss. County of Polk )

On this 9 day of June A. D. 1853. Before the undersigned personally appeared Robin Holmes the petitioner in the foregoing petition, who being, by me first duly sworn, says that the facts set forth in the above petition, as of his own knowledge, are true, and those set forth upon information are true as he verily believes, and that there is no person residing in said county legally authorized to grant the writ prayed for in suit [sic] petition.

In testimony whereof I have hereunto set my hand and affixed the Seal of the District Court of the United States in and for Polk County Oregon at Dallas this 9th day of June 1853.

J. E. LYLE, Clerk of said Court.

[ENDORSED]

Robin Holmes vs. Nathaniel Ford. Return for Writ of Habeas Corpus. Filed June 21, 1853.

R. WILCOX, Clerk.

It is ordered by the consent of the Attorney for the -.vitbin named children that the said children may be placed^ by the said Ford in the custody of the Sheriff of Polk County, to abide the further order of the Court, or Judge, and the receipt of the Sheriff on his certificate, on return, that he has the children in his custody, will be taken by the Court instead of the actual production of the children at Portland. And further that the said