In the District Court holding terms at Seattle In the matter of the application of Elnora Cline by B.M. Cline her father for a writ of Habeas Corpus
To the Hon. R.A. Jones Judge of said Court
The petitioner appearing by B.M. Cline excepts to that part of the return of paragraph III wherein the said respondent claims the legal right to the custody & possession of the child said Elnora Cline and further denies that said child is of such delicate health as to require a mother’s attention and care as therein alleged; and it is further
denied hereby that said respondent has the means or can procure the means to support said infant child Elnora Cline and avers that said child she has been placed under legal restraint and that said B.M. Cline the father of said infant has been denied the right to visit said child;
And it is further avers that said Ella Cline has refused without cause whatever to live with said B.M. Cline.
And it is further averred that said B.M. Cline requested said Ella Cline to come to his home & to live with him and she then & there refused to live with him then & at any time hereafter;
And it is further averred that said BM Cline has not sufficient knowledge or taking[?]
[?] the advice of Dr. Baker alleged by said respondent, but said B.M. Cline was informed by said Dr. Baker that he advised said Ella Cline to live with her said husband
And it is denied that said respondent Ella Cline is better fitted and qualified to care for, nurse & educated said child;
But said B.M. Cline avers that she is without any means whatever and is thrown upon charitably disposed persons for assistance & support, that said B.M. Cline has the means & opportunity & is willing to educate said child and to support it as its[?] social position requires. And said B.M. Cline believes it to be for the best interest of said child to be given to his care & custody.
B.M. Cline
Fred H. Peterson
Atty for Petr
