In the District Court of the Third Judicial District holding terms at Seattle, King County, Wash. Tery.
In the matter of the application of Elnora Cline an infant by B.M. Cline her father, for a writ of habeas corpus.} no. Petitioner
To the Hon. R.A. Jones, Judge of the above entitled Court:
The petition of Elnora Cline an infant by her father B.M. Cline, respectfully shows:
1.
That Elnora Cline an infant about four and one half years old, the child of said B.M. Cline is now restrained of her liberty at the city of Seattle Wash Tery. by Ella Cline the mother of said infant and the wife of said B.M. Cline.
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That the alleged cause or pretense of restraint of said infant according to the best knowledge and belief of the said B.M. Cline is that said Ella Cline claims to have a legal right to the care and custody of said infant child
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That the said restraint of said infant child is illegal in this, to wit:
That the said Ella Cline mother of said infant, did, on or about the 15h day of April 1887, at the town of Sidney in the County of Kitsap, Territory of Washington, leave the house and home of said B.M. Cline her husband on pretense of procuring medical attendance in the said City of Seattle; that when said Ella Cline arrived at the city of Seattle she told her husband hat she would not live with him any more, and said Ella Cline has since said
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& has remained in the City of Seattle although she was healthy eno physically able to return to her home & the home of said B.M. Cline in said Kitsap County at Sidney; that said Ella Cline has repeatedly told the said B.M. Cline that she would not live with him and does now refuse to live with him or to go to his home at said town of Sidney; that said B.M. Cline is willing and able to support said Ella Cline and her said child and has treated them kindly and affectionately and supported them and provided for them to the best of his ability; that said Ella Cline has said infant child Elnora Cline in her custody and she refused to allow said child to go with her father said B.M. Cline and insists that she will have the child; that said Ella Cline has threatened to leave this Territory and take said child out of the jurisdiction of this court; that said B.M. Cline is fully able willing and competent to support and educate said infant child
but that said Ella Cline has no means of support and is unable and by reason of ill health incompetent to perform hard labor and cannot to support, educate and take care of said child; that said Ella Cline left the home of said B.M. Cline without any provocation or cause whatever; and that she has no means or income with which to support, educate or care for said child properly.
Wherefore your petitioner prays that a writ of habeas corpus may be granted, directed to the said Ella Cline commanding her to have the body of said Elnora Cline before your honor at a time and place therein to be specified, to do and receive what shall then and there be considered by your honor concerning said infant child, together with the cause and authority of such detention and said writ and that said
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infant child may be restored to its liberty.
Dated at Seattle May 21st 1887
B.M. Cline
