Page:Oregon Historical Quarterly volume 23.djvu/161



duly sworn doth depose and say that the facts set forth in the foregoing sentences are true.

NATHANIEL FORD.

Subscribed and sworn to in open Court before me this 5th day of April A. D. 1853.

J. E. LYLE, Clerk.

HABEAS CORPUS

Territory of Oregon, ) District Court of the United

) ss. States for the territory of

Polk County, ) Oregon within for the County

of Polk

Nathaniel Ford )

ads )

The Territory of Oregon )

on the Relation of Robin Holmes )

Nathaniel Ford the said Respondent being duly sworn doth depose and say that General Joseph Lane is a material witness for him on the trial of the above entitled cause without whose testimony he cannot safely proceed to the trial thereof as he is advised by James Halabin his counsel to whom he has fully and freely stated his case which advice he truly believes to be true that said Joseph Lane is a resident of Oregon as deponent believes, and is delegate in Congress from this Territory and is now at or near the City of Washington D. C. as deponent believes, though he may now be on his way to Oregon.

And this deponent further says that he expects to prove by said Lane that the said Robin made the agreement set forth in the witness to said writ to wit, that the said Robin and his wife and youngest child were to go free and that this Respondent was to keep the other children of said Robin until they become of age, to wit the females 18 and the males 21 years of age and that deponent knows of no other witness or person by whom he can prove said facts and that he expects said Lane will be in this Territory so that his testimony can be taken by the next term of said Court and that this application is made, not for the purpose of delay merely but that justice may be done.

NATHANIEL