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John Heo v. Robert H. Milroy. Defendant Statement

 

Washington Territory}
Thurston County} ss

R.H. Milroy being first duly sworn on his oath says he is the named person mentioned in the annexed writ of Habeas Corpus and makes return thereto as follows.

That affiant during all the times in said writ named was and still is Agent for the Indians of the Nisqually and Puyallup Agency in Washington Territory duly appointed by the United States. That said agency embraces[?] all that part of Washington Territory beginning at the mouth of the Columbia River. thence East alery[?] said river to the Summit of the Cascade Mountains Thence was thusly Alery[?] the summit of said mountains to the divide between the white and Puyallup rivers. thence northwesterly to Point Pully on Puget Sound thence next across said sound. thence son[?] the westerly to a point on the Pacific Ocean. to about four miles north of Gray Harbor thence forthwith to the mouth of Columbia River except such part thereof as is excluded by an order of the [?]   [?] of date Dec 5 1879 a copy of which is hereto tendered. That all Indians in Washington Territory living within said boundaries or coming therein be then are within affiants said agency and under the jursidiction and control of affiant as such agent.

That the said John Heo in said writ mentioned and alleged to be unlawfully imprisoned by affiant is an Indian of the Chehalis tribe. That both said Indian and his said tribe are and belong in affiants said agency. That by virtue of the laws of the United States and the rules and regulations adopted pursuant thereto. by the President of the United States. the Secretary of the Interior and the Commissioner of Indian Affairs of said United States. the entire control and supervision of said Indian John Heo and other indians in the affiants said agency belong to affiant subject only to the approval of the said President Secretary and Commissioner of Indian affairs.

 

That affiant here produces with his return upon said writ of habeas corpus the body of the said John Heo and alleges that the cause of his detention is that the said John being an Indian as aforesaid and under the control and jurisdiction of affiant as aforesaid refused to obey the direction of affiant lawfully given requiring said John to go on to the Indian Reservation within said agency and there remain until permitted by affiant to depart therefore. Also in refusing to obey the directions of affiant as such apart in living with and monitoring his wife and children who are also Indians within affiants said agency and under his control. And in defying and setting as right[?] the authority of affiant as such Indian agent with great[?] injury of the Indian service within said agency. That for the foregoing reasons among others affiant as said agent caused said John Heo   to be apprehended by the duly appointed Indian Police of said agency and now holds him to be forthwith removed to the Puyallap Indian Reservation within said agency. there to be detained and dealt with agreably to the regulation of said agency in case this Honorable court deems said detention lawful

R.H. Milroy

Subscribed and sworn to before me this 27 day of May AD 1880

RG O'Brien Clerk

Returned and filed May 27th 1880

R.G. O'Brien Clerk

Citation

Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “John Heo v. Robert H. Milroy. Defendant Statement.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed November 24, 2024. https://petitioningforfreedom.unl.edu/documents/item/hc.case.wa.0112.005

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