In the matter of the application of J. H. Sheffler and Josephine Sheffler for a Writ of Habeas Corpus} At chambers November 18, 1876 Decree
Now on this 15th day of November
1876 this cause came in for hearing
before Hon Samuel G Wingard Judge
of the District Court of the First Judicial
District of Washington Territory at his
Chambers at Walla Walla City
on the complaint and petition of
J. H. Sheffler and Josephine Sheffler
his wife praying for a writ of
Habeas Corpus to issue to John
B Montague, commanding him
to produce before said Judge
the body of Edna Elenor Edwards
the infant child of said Josephine
Sheffler by a former marriage and
that the Court inquire into the cause
of the withholding of said infant from
the custody of its mother by said
Montague, and the answer
and retain of John B. Montague
to said complaint and writ of
Habeas Corpus and the reply
of complainants to said answer
and return.
A. E. Isham and N. T. Caton appeared as Attorneys for complainants and Kennedy and George for respondent John B. Montague.
And the court after
hearing the testimony of the
witnesses produced by the
parties and argument of Court
and being fully advised in the
premises. Considers adjudjed
and decreed that the custody of
the infant girl Edna Elenor Edwards
in the writ and pleadings herein
mentioned -- is hereby awarded
to J. H. Sheffler and that of her
mother Josephine Sheffler complainants hereby, and the said John
B. Montague or any
other person having charge of
said child be and they are hereby
commanded and required to
deliver the same together with all
of her wearing apparel unto the
said complainants.
It is further considered and adjudged by the Court that said Complainants pay to John B. Montague the sum of One Hundred and forty four dollars gold coin for the keeping [?] [?] [?] of said child.
It is further considered and ordered by the Court that upon the payment into the clerk of the court by complainants of the said sum of $144.00 for said John B. Montague that an order issued to the sheriff of Walla Walla County under the seal of this court commanding him to take the said child Edna Elenor Edwards and deliver her and her wearing apparel unto complainants
It is further ordered and adjudged that John B. Montague pay all the costs of this preceeding - except complainants witnesses - Taxed at $ [] and that execution issue therefor
S.C. Wingard
Judge
Dist Court
