Lucia Martinez v. Thomas Barnum, K. S. Woolsey, John Emmerman & Mrs Emmerman (1871)

One the 29th day of July 1871 Lucia Martinez presented her petition praying for a writ of Habeas Corpus to be directed to Thomas Barnum, K. S. Woolsey, John Emmerman & ____ Emmerman setting forth that her two children Johana and Clara A were wrongfully in the possession of the Def[endan]t and praying that they be restored to her. A visit was granted and made returnable July 31st 1871 at 10 o clock AM
 

A Special Term of the Probate Court was held at the Town of Phoenix, County seat of Maricopa County on the 31st day of July 1871 at 10 o clock A.M. J. T. Alsop Probate Judge presiding

Lucia Martinez
vs
Thomas Barnum
K. S. Woolsey
John Emmerman
& ____ Emmerman

This case was called and Thomas Barnum made return to the writ averring that the children were in his care and possession by an order of Court made July 8 1871.

King S. Woolsey also made return to the writ contraverting the allegations of the Petitioner.

The Def[endan]t K. S. Woolsey prayed for a postponement of the hearing of the case, showing and setting forth by affidavit that he could not safely go to trial at the present time for want of material witnesses, some of which were in this county and some in Yuma County. And after hearing arguments of counsel, it was ordered that the hearing of this case be postponed until August 30, 1871, at 10 o'clock A.M. And it was further ordered that said children Johana and Clara A. Martinez remain in the care and custody of the sheriff until that time.

And the court adjourned.
 

Lucia Martinez
vs
Thomas Barnum
K. S. Woolsey et al

On the first day of August 1871, the plaintiff in this case by her Attorney M. D. Dobbins Esq. appeared before me and ordered the dismissal of the case which dismissal is on file by consent of parties and agreement that each party should pay its own costs.

J. T. Alsop
Probate Judge

Read more about Lucía Martínez on Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924