Case Summary
Charles Lopez, identified as “a kanaka of mixed blood” by the Seattle Post Intelligencer, petitioned for a writ of habeas corpus to gain custody of his two-year-old daughter, Nellie Louisa Lopez, from his former wife Mary McGowan. In the petition, Lopez argued that McGowan lacked the means to support Nellie Lousia and associated with lewd people. Lopez also argued that he had the ability to support Nellie Louisa. The writ was issued on July 17, 1899. However, rather than serving the writ to McGowan, the sheriff, A. T. Van De Vanter, served the writ to O.H. Ryther, the custodian of Nellie Lousia. According to the Seattle Post Intelligencer, McGowan had left her child at the Ryther Home, a house for orphans. McGowan’s answer to the petition argued that all statements made by Lopez were false. On August 4, 1899, the Seattle Post Intelligencer reported that Judge Jacobs had put Nellie Louisa in the custody of Ryther. Then, on August 8, 1899, the Seattle Post Intelligencer reported that Lopez took Nellie Louisa from the Ryther Home, committed a heinous crime, and was arrested.