Page:Oregon Historical Quarterly volume 23.djvu/169



slaves in this territory, to take the said Robin and his wife and said children back to Missouri, and there sell them and he might have done so, but chose not to and that from this fact, together with the fact that said children have always lived with him this Respondent, he the Respondent had reason to believe and did believe that the said Relation, Robin, would have abided by his said agreement, and left said children with this Respondent until they should have become of age as aforesaid.

And the Respondent insists that he has, not only a legal and an equitable right to retain the said children in his possession but also that it would be far better for said children to be so retained by him the Respondent than placed in the hands of the said Robin who is poor and ignorant and unfit to have the care and custody and bringing up of said children.

And this Respondent further says that the said children have always i>een well and kindly treated and used by the Respondent and his family But that the said Robin is somewhat harsh and his wife is very cruel to their children.

And this Respondent further says he holds said children by no other authority than that above set forth.

And this Respondent further says that proceeding on Habeas Corpus in the above matter was heretofore commenced in the District Court for the County of Polk wherein the Honorable M. P. Dady and A. G. P. Wood Esq. were counsel for the Relation, and the Honorable Cyrus Olney and James Malabin were counsel for this Respondent and that at the last terms of said District Court an issue of fact was formed in said proceeding And an order was made in said matter by said District Court continuing said cause for the purpose of taking testimony upon the issue therein raised And this Respondent then expected that said testimony would have been taken and said matter have been decided before this time without subjecting him to the additional expense of another similar proceeding.

And this Respondent further says that he intended to have brought the said writ in this cause served on him with him to return the same to this Honorable Court, and had the same together with other papers which he wanted to use at the Surveyor Generals office in his coat pocket, but in changing coats he forgot to take out the