Territory of Washington,)
County of King.) ss.
In the District Court holding terms at Seattle.
In the Matter of the Application of Mary Ellen Lyts for a Writ of Habeas Corpus.
To the Honorable Judge of the above-entitled District Court: The petition of Mary E. Lyts respectfully showeth:-
I.
That this petitioner and one W. D. Lyts are husband and and wife, and prior to the 17th day of June, 1888, were living together as husband and wife in the County of King, and Territory of Washington.
II.
That on or about said 17th day of June this petitioner and said W. D. Lyts separated, and have since said date lived separate and apart, said separation being in mutual agree
III.
That at the said time of said separation and ever since said date That during the That one Francis Walter Lyts, a minor, is the child of said petitioner and said W. D. Lyts; that at the time of said separation said Francis Walter Lyts, minor, was by mutual agreement left in the custody of this petitioner, and she, the said petitioner, has ever since said date, and she is now, entitled to the possession of said child, the said Francis Walter Lyts.
III.
That on the 20th day of February March, 1889, at the County of King, said W. D. Lyts forcibly, and against the will of said petitioner and without her consent, took from this said petitioner's possession and custody the said Francis Walter Lyts.
V.
That said Francis Walter Lyts is unlawfully imprisoned, detained, confined, and restrained of his liberty, and detained from the custody of this petitioner, by the said W. D. Lyts, at Seattle, in the County of King and Territory of Washington.
IV.
That according to the best of this petitioner's knowledge and belief the object and cause of said restraint is to keep said Francis Walter Lyte from the custody of this petitioner by force, and that said W. D. Lyts may have the custody of said Francis Walter Lyts.
V.
That the said imprisonment, detention, confinement, and restraint are illegal; and that the illegality thereof consists in this, to-wit: That this petitioner is entitled to the custody of said Francis Walter Lyts, as hereinbefore more fully set forth; and that the said W. D. Lyts unlawfully and by force and without right detains the said Francis Walter Lyts from the possession of this petitioner.
Wherefore, your petitioner prays that a Writ of Habeas Corpus may be granted, directed to the said W. D. Lyts, commanding him to have the body of said Francis Walter Lyts 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 him, together with the time and cause of his detention, and said writ; and that said Francis Walter Lyte be restored to the custody of this petitioner.
L. T. Turner
Attorney for Petitioner.
