Page:Oregon Historical Quarterly volume 23.djvu/166



[ENDORSED]

In the matter of the application of Robin Holmes for a writ of Habeas Corpus or Bond of N. Ford.

C. Filed this 9th day of April A. D. 1853.

J. E. LYLE, Clerk.

Filed July 1, J. E. LYLE, Clerk

In the matter of the children of Robin Holmes a negro brought before Cyrus Olney Associate justice of the Territory of Oregon at chambers upon a writ of Habeas Corpus directed to Nathaniel Ford. Upon the return of the writ it is ordered that the hearing and determination of the matters arising upon the pleadings and the final disposition of the said children be postponed until and to the next term of the Supreme Court to be held at Salem on the first Monday of December 1853 unless a term of the District Court for the County of Polk shall be sooner held in which event it will stand for hearing and decision at such District Court. And the Chief Justice shall arrive in the territory and appoint a time and place to hear the same before himself prior to the setting of either of said Courts the same shall be heard at such time and place. And in the mean time the saicl child Jenny who has arrived at years of discretion is not awarded into the custody of any person but is left free to remain where she now is or to depart thence at pleasure free from restraint coercion or undue influence, the said Ford and his family being permitted by kind treatment, and not otherwise to induce her to remain with them as her voluntary choice until the hearing or further order. And the said child Roxanna is awarded to the custody of the said Ford until the hearing or further order. And the said child James is awarded to the custody of the said Robin until the hearing or further order. And it is ordered that the said Robin may present himself at the residence of the saicl Ford and thereupon the said Ford or if absent some member of his family shall forthwith and without request deliver to the said Robin the said child James. And at all reasonable times the parents brothers and sisters