Page:Oregon Historical Quarterly volume 23.djvu/171

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Robin Holmes, ) vs. )

Nathaniel Ford. ) In the matter of the Habeas Corpus for the children of

Robin Holmes a negro.

It is agreed by the parties that the depositions of Gen Lane may be taken before one of the justices of the Supreme Court, or other competent authority, at Salem, on one days notice by either of the parties, if taken elsewhere notice shall be under the statute regulating the taking of depositions in the Territory. Notice for the taking of depositions on the part of the defendant to be given to A. G. P. Wood, Attorney for Holmes.

A. G. P. WOOD, Attorney for Holmes. Dated at Portland, June 25th A. D. 1853.

[ENDORSED]

In the matter of the Application of Robin Holmes for a Writ of Habeas Corpus vs. Nathaniel Ford. Notice to take Deposition. Filed June 26, 1853.

J. E. LYLE, Clerk.


Robin Holmes )

vs. )

Nathaniel Ford )

The said Robin Holmes makes solemn oath and says, that at the April term of the U. S. District Court within and for the County of Polk and Territory of Oregon A. D. 1852 a Writ of Habeas Corpus was at that time from said Court issued, and made returnable at the next term of said Court, commanding one Nathaniel Ford to have before said Court on the return day of said Writ, deponents children, Mary Jane, James and Roxanna Holmes who were at that time and now are illegally detained and restrained of their liberties by said Ford. And deponent further says that from causes unknown to him the term of said Court last mentioned was never held, and that no return was made by said Ford to said writ till April term A. D. 1853 of said Court, at which time the cause was heard before the Hon. Thos. Nelson, Judge of said Court. And deponent further says that the said Thos. Nelson, after having said cause fully tried refused t