In the Matter of the Petition of Juan Rey Abeita for a Writ of Habeas Corpus

In the District Court of the Second Judicial District sitting within and for the County of Bernalillo for the trial of causes arising under the laws of the Territory of New Mexico.

To the Honorable William D. Lee, Associate Justice of the Supreme Court of the Territory of New Mexico and Judge of the Second Judicial District Court thereof.

Your petitioner Juan Rey Abeita, a citizen of the United States being a citizen commonly known and called as Pueblo Indian, and a resident of the County of Bernalillo and Territory of New Mexico complaining respectfully represents unto your honor that  he is the father of three children whose names and ages are as follows, to-wit Louis Abeita aged 14 years, Vicente Abeita aged 12 years and Antonio Abeita aged 7 years and as such father he is entitled to the possession, custody and care of each and all of said children, the same being minors.

Your petitioner further shows that the said minor children are restrained of their liberty by one William B. Creager, superintendent of an Indian School maintained by the government of the United States and are kept and confined by the said William B. Creager as such superintendent at a place in said County of Bernalillo and north of the city of Albuquerque called and known as the Government Indian School.

Your petitioner further shows that the said minor children are so restrained and confined against the will and consent of your petitioner, their father, and that they are not so restrained and confined by virtue of any process, judgment, or decree of any competent tribunal or by virtue of any execution issued upon any such judgment or decree.

Your petitioner shows unto your honor that heretofore to-wit; on or about the first day of September A.D. 1889 he as the father of said children did at the solicitation and request of the said William B. Creager, acting as such superintendent, place the said Louis and Vicente in the custody and care of the said William B. Creager for the purpose of having them attend the said school and receive instruction therein. The said Antonio accompanying the said Louis and Vicente to said school for the purpose of a visit with the express understanding that he should remain in said school but a few days & then be returned to your petitioner, the said children to be at all times and especially during the period known as vacation or holiday subject to recall by your petitioner to his custody, control and care, this petitioner in no sense relinquishing his right as parent over either or any of said children.

Your petitioner shows unto your honor that he has this day made demand upon the said William B. Creager for the return to him by the said William B. Creager of the said children which demand is by the said Creager as said superintendent refused and denied, the said Creager falsely pretending as petitioner verily believes that he has a right by reason of his being the said superintendent to the care, custody and control of the said children.

Wherefore your petitioner says that the said detention and restraint is illegal in that it is against the will and consent of petitioner as the father of the said children and in direct denial and contravention of his rights as such father.

Wherefore your petitioner prays that your honor cause to be issued the writ of habeas corpus to restore and return to the custody of petitioner the said Louis Abeita, Vicente Abeita and Antonio Abeita so unlawfully by the said W. B. Creager superintendent as aforesaid restrained and detained as aforesaid.

Juan Rey Abeita
his x mark

Territory of New Mexico
County of Bernalillo

Juan Rey Abeita of lawful age being duly sworn says that he has heard the foregoing petition and that the matters and things therein stated so far as they are stated of his own knowledge are true and so far as stated on information and belief he believes it to be true.

Juan Rey Abeita
his x mark

Subscribed and sworn to before me this 5th ay of July A.D. 1892.

N. C. Collier
Notary Public

Let the writ issue

Returnable at chambers the 6th day of July at 10 oc in the forenoon
W. D. Lee
Judge.

No. 3384

Territory of New Mexico
County of Bernalillo
In the District Court.

In Re. Petition of Juan Rey Abeita for Writ of Habeas Corpus.

Collier & Marron
Attys for Petitioner.

Territory of New Mexico County of Bernalillo In the District Court 3384 1892 The Territory of New Mexico. To William B. Creager Greeting. You are hereby commanded to have the bodies of Louis Abeita, Vicente Abeita and Antonio Abeita, by you imprisoned and detained, as it is said, together with the time and cause of said imprisonment and detention, by whatever names the said Louis Abeita, Vicente Abeita and Antonio Abeita shall be called, before the honorable William D. Lee, Associate Justice of the Supreme Court of the Territory of New Mexico and Judge of the Second Judicial District Court thereof, at chambers in the court house in Albuquerque County and Territory aforesaid, on the 6th day of July A.D. 1892 at 10 oclock in the forenoon to do and receive what shall then and there be considered concerning the said Louis Abeita, Vicente Abeita and Antonio Abeita and have you then and there this writ. Witness the Honorable William D. Lee Associate Justice of the Supreme Court of the Territory of New Mexico and Judge of the Second Judicial District Court thereof and the seal of said District Court this 5th day of July A.D. 1892. Chas F. Hunt Clerk. I, Jose L. Perea, Sheriff of Bernalillo County, New Mexico, certify that I have served this writ on the within named William B. Creager on the 5th day of July 1892 at said county of Bernalillo, by then and there delivering a true copy of the same to William B. Creager. Jose L. Parea Sheriff of Bernalillo County. By Frank Van Leuven Deputy Sheriff. Fees— Service $1.00 Mileage 4 miles $.50 $1.50 No 3384 Territory of New Mexico County of Bernalillo In the District Court In Re the Petition of Juan Rey Abeita for a Writ of Habeas Corpus. Writ Original I hereby certify that I served a copy of the within original writ on W. B. Creager in person on the 5th day of July 1892 in the City of Albuquerque Bernalillo Co. New Mexico Jose L. Parea Sheriff per Frank Van Leuven Dep[uty]

No. 3384 Second Judicial District Court, Bernalillo County.

Parties.
Ex Parte Juan Rey Abeita

Action.
Petition for Writ Habeas Corpus

Plaintiff's Attorney.
Collier & Marron

Date. . . .
1892 Aug 5

Proceedings.
Ent[er] withdrawal. Petition Dis[posed of] at pet[itioner] cost