In the District Court holding terms at Seattle W. T. for the counties of King and Kitsap Before the Hon Roger S. Greene Judge thereof —
In the matter of the application of Alice McKay for a writ of Habeas Corpus for Mary McKay —
To the Hon Roger S. Greene judge of the above named Court
We John Kevan and Della Kevan come now and make return of the writ herein attached and says
That we the said respondents are husband and wife and inhabitants of the Territory of Washington. that in the month of September A.D. 1882 respondants obtained from the Sisters of Charity in the City of Seattle the possesion of the child mentioned in said writ, and have ever since had the possession custody and maintenance thereof - that at the time they took possession of said
child it was agreed and understood by and between these respondents and said sisters of Charity that respondants should adopt said child and [?] it theirs and said sisters then promised to obtain the consent of the mother of said child to such adoption that at the time respondents took possession of said child it was in weak and delicate health that it has no clothing except what it had on and that was in a tattered and ragged condition and was scarcly sufficient to hide the nakedness of said child that respondents kindly nursed and cared for said child bought for it a large amount of clothing and doctored and nursed it into health and at great expense have cared for and maintained it ever since said month of September 1882 and now have the same the same in their possession[?].
That respondents are informed and believe that several months
before they took said child into their possession the applicant herein Alice McKay abandoned said child with and other children and left the city of Seattle with out making any provisions for the support and maintenances of her said children; that ^a few days after respondents had taken said child the applicant herein came to their house and claimed to be the mother of said child Respondents then asked her for her consent to adopt said child and make it their own and she replied that she would leave that matter with the Sisters of Charity and that she would return to following week and make some arrangement by
which respondents could adopt said child that she them left and her whereabouts were unknown to these respondents for the period of several months. When she again called to see the child and when asked concerning her consent for respondents to adopt
said child replied that she would arrange that matter with the sisters that she remained but a few moments when she left and remained absent with a few weeks ago when she again [?] to respondants house and asked to see the child that at none of the times before mentioned nor at any time did said applicant make any provisions nor offers to make any provision with these respondents for them to take care of said child at her expense but at all times gave them to understand that said child should be adopted by them and gave respondents to understand that by reason of this poverty and indigent circumstances she was unable to support and maintain it. That respondents have no children of their own and are in good circumstances financially that they and each
of them have become greatly attached to the child and the child has become greatly attached to them. That they and each of them deny that ever at any time they or either of them cruelly treated the said child ^deny that they ever abused or otherwise maltreated it but on the contrary they allege and affirm the facts to be that at all times since they have had the custody and care thereof they have conducted and demeaned themselves toward said child in the kindest and most affectionate manner — that they have supplied it every childish whim and want that they love said child as dearly as though it was of their own flesh and blood that they at all times have tried to instill in said child habits of cleanliness and to impress upon its mind the principals of morality and truth and they aver that they
are fit and proper persons to have the custody nurture care and education of said child
Respondents further returning aver and say that they are informed and believe and so allege the fact to be that the said applicant Alice McKay is not a fit and proper person to have the custody and education of said child that up to the time said applicant adandoned said child as heretofore set forth the said applicants lived with her husband one [] in this city. That said applicant as well as her said husband were of intemperate and dissoluable habits that they had no visible means of support that said [] McKay husband of said applicant was repeatedly charged and accused of the crime of selling liquor to Indians and other criminals as on or about the day of [] 1882 absconded and is now an outcast and a
fugitive from Justice for Crimes committed in this Territory That said applicant has no means and has no home suitable to the said child That she has one child (a little boy) who is now supported wholly by King County at Providence Hospital is said City of Seattle. That respondents are informed and believe that she has two other children in the Provence of Brittish Columbia who are supported wholly by Charity that she has under her ^ [?] charge two other children whom she has hitherto failed and neglected to provide for and support and educated in a suitable manner that she is [?] abandoned and dissolute habits that respondents are informed and believe that at at the last term of this court held at the City of New Tacoma in Pierce Co. she was tried and convicted of the crime of selling intoxicants to
Indians and that sentence thereon has (for the time being been by your honor suspended
That by reason of the facts as herein set forth respondents say that that it is for the best interest of said child that it remain with them the said respondents that by reason of the said child the abandonment of said child by applicant has intemperate and dissolute habits had indigent curcumstances and inability to care for maintain and support the [?] she has forfieted all rights as a parent which can make no legal or equitable claim for the custody and provision of the [?]
That respondents are willing and able to support maintain and educate said child —
That respondents in obedience to the command of said writ now have the body of said Mary McKay
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