In the District Court 3rd Judicial District of Washington Territory holding terms at Seattle
In the matter of the application of Jennie Miller Powers for writ of Habeas Corpus vs. ME Miller & RJ Miller her husband} Return and response to writ by Respondents
To the Hon RA Jones Judge Presiding,
And now comes Mary Elizabeth Miller and RJ Miller her husband respondents herein and for return and response to the writ herein issued and directed against them say
I
That they most respectfully acknowledge the writ, and in obedience to the mandate of the same now produce the body of the said Mary Alice Powers, before your honor
II
and for cause shown why the petitioner should not be awarded the custody and possession of the said child as against these respondents say
I
That your respondent Mary Elizabeth Miller is the mother of the petitioner and grandmother of the said child Mary Alice Powers
II II
That your respondents have been in custody & possession of said child since the 3rd November 18834 and from that date till now Respondents have wholley and exclusively had the control & possession of said child, that said petitioner has wholley & exclusively abandoned the said child & refused to own same or recognize the same in any manner whatever
II II II
That your respondents have at all times since said day maintained supported & cared for the said child out of their individual & sole expense going to much trouble and annoyance so to do, all of which facts petitioner well knew at all time & still refused to claim or recognize said child.
and for second cause respondents show
I
That petitioner is a pauper wayward and arbitrary, refuses to live house with her parents, that she is now in the extreme unable and unfit both physically & mentally to maintain either herself or said child, that she now is living on the sufferance of goodly disposed people as she is permitted earning nothing save her bare subsestence that the said minor child is wholly dependent for care maintanance & support upon those who have & take control of same
II II
That Respondents are able & willing to take care & support said child until the said petitioner is able to so maintain same so as to resist want & deprivation, also until said child is able to have discretion to choose its guardian under all circumstances respondents are able & willing to care for & protect said child
Wherefore Respondents pray that petition of petitioner be dismissed & she go hence without relief
Lewis & Gilman[?] Attys for Respondents
