Territory of Washington
County of Walla Walla
Andrew H Derrick Plffh
vs
Mrs. Mary J Whitesides Defdt
Before Hon J.E Wyche Judge of 1st Jud Dist W.T. At Chambers
And now comes Mrs. M.J. Whitesides defdt in the above application for a Writ of Habeas Corpus and for answer there to admits that Andrew H Derrick the above Plfft is the father of Louisa Jane Derrick a young girl, but denies upon information and belief that she the said Louisa is of the age of fourteen years.
Defdt advises that said girl
is now and has been for some
time past at the house of this
Defdt whose house amd residence
residence is in Walla Walla
City Washington Territory
Defdt
denies that
Plfft has often requested his said
denies that Plfft has often
requested his said daughter
to leave said place and go
with him to some good respectable place to live, defdt and Plfft denies
that she advises his
said child to disobey his commands. Defdt admits upon
information and belief that
before said child went to defdts
house. She was a good obedient
child, and very moral and
a member of a Christian
Church observing the commands
of the Bible. Defdt denies upon
information and belief that
his said girl was taken to
said place but admits that said Louisa came then without his knowledge or consent.
Defdt denies that since said
child has been at said place
she has
been taught by
the Defdt to renounce her
religion to dispise all
Christians, to disobey her father
this Plfft and her only surviving
parent, to hate all her kin
to go to balls, and dances, to
mingle and associate with
people of bad repute, and
denies that she held such
power over said child that
she is restrained from joining with Plfft.
Defdt denies upon information and belief, that persons at Defdt's house when Plfft was urging said child to leave said place, and go to a good place provided by him for her, threatened to maltreat Plfft if he did not desist from his effort. Defdt admits that she did not reprove said person, but denies that she took said child inside a private apartment where Plfft could not approach her, thus defying Plfft's authority over said child as her father.
Defdt further answering
says that she denies that
Plfft has by his sister and
the aunt of said child
endeavored to get said child
from said place but were
treated with great contempt and harshness
and Defendent further
answers denies that Plfft
is fearful that if he should
attempt to force said
child away from said
place, that persons in the
interest of defdt would
maltreat and misuse
Plfft.
Defendant further answering
says that she
denies upon information and belief Plfft is a moral man of good intentions
habits and denies that
Plfft has always provided
a good home and the comforts of life to the best of his
ability for said child
and Defdt admits that
where she went to the house
of the defendant she had
been living at the house
of a good and respectable
farmer of good moral repute.
Defdt denies upon information
and belief that Plfft is now
anxious to have his said
child at school, and her
moral training attended
to. Defdt further answering denies that unless
his Honor awards his said
child to him she will soon
be ruined in character
and morals.
And this Defdt for a further answer and return to said application says. That she is informed and believes that said Louisa is over the age of fifteen (15) years
And for further answer
said Defdt avers that on
or about the 1st day of September
AD 1866 said Louisa came
freely and voluntarily to the
house or residence of this
Defdt in said Court, and that the
said Louisa remained there
freely and voluntarily to the
present time. That said
Louisa did not at any time
remain there by through or
under any threat fear coercion or restraint acts or
during exercised consummated contrived or brought
about in opposition to the
said Plfft or so that
he could not at any time
have the care control or
custody of his said daughter. And Defdt further
avers that she is informed
and believes that at the time
said Louisa came to Defdt's
place as aforesaid, the defendant was then absent from
this Territory and in the
Territory of Montana Territory
and had been so absent
from this Territory and aforesaid since the 1st of May 1866
or thereabouts, and said
Plfft did not return from
Montana Territory aforesaid
to this City until sometime
in the late part of the month of October 1866
or therabouts.
Defdt further answers avers
that she is informed and
verily believes that said Plfft
for several years last past
has not made any provision
for the support care custody
or instruction of said Louisa
and particularly as the Defdt
is informed and verily
believes that at the time said
Plfft so left this Territory as
aforesaid he did not make
any provision for the care
support custody or instruction of said Louisa
And Defdt for further answer
says that at the time
said Louisa came to Defdt's
residence as aforesaid, she
was poorly clad, in want,
and actually suffering for
the neccessaries of life and
That this defendant has
provided for the support
of said Louisa ever since
And this defdt further answers
avers upon information and
belief that this Plfft has
not any home in which
to take his said daughter Louisa
And this Defdt further ansers
says that she is a married
woman and the wife of
[?] Whitesides who is now[?]
[?]
[?]
[?]
[?]
temporarily absent from this Territory
and that she has a family of
his children, and that she
is of good moral character,
and that since said Louisa
has been at her house as
aforesaid she the said Louisa
always associated with and
kept the company of those
of good moral character and
that she has been kind affectionate and motherly towards
the said Louisa, and that
said Louisa has always
had a good and welcome
home with this Defdt, and
has frequently expressed her desire to stay
with this Defdt.
And defendant further
answering says that
since the said Louisa
has been with this Defdt
as aforesaid, she the said
Louisa has always conducted
herself with discreet prudence
and with becoming dignity
and has always been
kind and affectionate
towards this Defdt
faithfully attending her the
said Defdt in sickness
and always exhibiting a
spirit of gentleness and
moral work.
And this Defdt for further answer need return to said Plffts application says. That she is now in such a condition of health that it would be perilous and unsafe for her to personally appear before his Honor J.E. Wyche Dist. Judge as aforesaid, and produce the said Louisa Jane Derrick as commanded in said writ of Habeas Corpus and prays this Honorable Court to dispose[?] her leave with her costs
[?] Atty for Deft
