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petitioner from seeking to obtain the custody and control of said children, as your petitioner believes.

That your petitioner is as well able in a pecuniary point of view to take care of and raise said children as Respondent, and denies that he is unfit by reason of his poverty and ignorance to have the care and custody of his own children and further denies that he is harsh, or that his wife Polly is cruel to their children, but on the contrary avers that his and his wife's reputation for kindness and parental care for their children is such that he can safely ask the Court to enquire thereof, and that his character for honesty sobriety and industry is good as petitioner believes, and this he prays may be inquired of by the Court.

his Robin X Holmes

mark Territory of Oregon, )

) ss. County of Polk )

On this 13th day of July A. D. 1853, before the undersigned,, personally appeared Robin Holmes, and being by me first duly sworn, says that the statements and facts in the foregoing affidavit are true to the best of his knowledge and belief.

J. E. LYLE, Clerk.

[ENDORSED]

Robin Holmes vs Nathaniel Ford. Replication to Respondents Return. Filed 13th July 1853.

J. E. LYLE, Clerk. Territory of Oregon, )

) ss. County of Polk )

To the Sheriff of said County Greeting:

Whereas in a certain matter of Habeas Corpus lately prosecuted before the judge of our District Court within and for the said County of Polk wherein Robin Holmes was complainent and Nathaniel Ford was defendant the costs of said defendant were taxed at Twenty one dollars ($21.00). These are therefore in the name of the United States of America to command you that of the goods and chatties lands and tenements of the said Nathaniel Ford in your county you cause to be made the costs aforesaid,