Page:Oregon Historical Quarterly volume 23.djvu/170

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said papers and they were thus unintentionally all left at the Respondents residence in Polk County aforesaid But Respondent believes that the copy of said writ, be among the return of B. F. Nichols Sheriff, and is now on file in this Court is a true copy of said writ. And the Respondent consents that the said copy be in all things treated as the original writ.

And this Respondent further states that it is some sixty miles from here to his the Respondents place of Residence that the distance was so great and the expense which would follow the bringing of said children to this place so heavy that the same would have been a great hardship upon the Respondent, and the same is the only reason why they were not brought here. And this Respondent denies that he now has or ever had any intention of taking said children or either of them out of this Territory, or even out of said Polk County (unless by order of the Court) and this Respondent further says that he will not remove the said children or either of them (unless by order of the Court) but that they will at all times be free at his place of abode aforesaid, unless removed without his knowledge or consent, and against his will.

NATHANIEL FORD. Territory of Oregon Washington County ss.

Nathaniel Ford the above named Respondent being duly sworn doth depose and say that the facts set forth in the foregoing return are true.

NATHANIEL FORD

Subscribed and sworn to before me this 23 day of June A. D. 1853

A NTH ANY S. DAVIS,

Justice of the Peace. [ENDORSED]

The Supreme Court, Territory of Oregon, on the Relation of Robin Holmes vs. Nathaniel Ford, Respondent. Return to Writ of Habeas Corpus.

Filed June 23, 1853. R. WlLCOX, Clerk.