Territory of Washington County of Walla Walla}
In District Court 1st Judicial Disrict Washington Territory
In the matter of the application of J H Sheffler and Josephine Sheffler for writ of Habeas Corpus
Now Comes John B Montague the Defendant against whom the said J H Sheffler and Josephine Sheffler have made complaint in the above entitled cause and for answer to said complaint and as a return to said writ on his part shows to the Honorable Court the following facts
1st Defendant admits that said child is in his custody and under his control and that of his wife under and by virtue of said agreement in complaint mentioned and set forth, which said agreement is hereby refered to and made part of this answer to the same purpose and effect as if herein copied and defendant alleges that he has kept and duly performed all the conditions and covenants in said agreement contained and on his part to be kept or performed
2 Defendant denies that said restraint was
or is illegal; denies that he totally or
otherwise disregarded his said covenant
or any or either of them; denies that he
has kept said child in or about a saloon
where vile or other improper language
was used in her presence or hearing, and
denies that he has caused her or is now
causing her or that he has allowed her
to associate with the vile or with
women of ill fame or other improper
persons whomsoever
Defendant further shows to the Honorable
Court that some several months before
the execution of said agreement the said
Josephine Sheffler voluntarily let said
Defendant have said child and placed
placed the same in his family to be by
him and his wife raised and educated
and that said child was then sick and
requested housing and medical aid, and
that Defendant and his wife nursed tenderly
cared for her and employed a competent
Physician to attend on her at a great
expense to Defendant; that during all
that time and after the time of the
exception of said agreement Defendant
lived and Kept said saloon where he
now lives and Keeps the same, and that
complainants well knew - the place of
residence and the business & occupation
of the Defendants; and Defendant further
alleges that he has during all the
time said child had been under his
care, clothed, boarded, cared for, and
sent her to school and treated her in
all aspects as he would his own child
and that he and his said wife have
become strongly and affectionately attached
to said child and that her attachment
for them is no less than that of an
affectionate child for its own parents
Wherefore Defendant prays that said writ is dismissed and that the custody of said child be remanded back to the defendant and for his costs & disbursements
Kennedy and George Defendants attys
