John Heo v. Robert H. Milroy (1880)
Territory of Washington
County of Thurston ss
In the District Court of the 2nd Judicial District of Washington Territory holding terms at Olympia for the Counties of Mason, Chehalis and Thurston.
In the matter of the application of John Heo for a writ of Habeas Corpus.
To the Honorable J. P. Hoyt Judge of the 2nd Judicial District of Washington Territory
The petition of John Heo respectfully shows.
That he the said John Heo is unlawfully imprisoned, detained, confined and restrained of his liberty by R. H. Milroy in Olympia Thurston County Washington Territory.
That he the said John Heo is an Indian born in the United States about thirty five years of age.
That his father and mother died twenty five years ago and that since their death he has continuously lived with the whites. That he has at no time lived with any tribe of Indians since the death of his father and mother. That he has lived on no reservation since said time, and that he has at no time received or accepted any sureties from the Government of the United States.
That for the past twenty five years severed all tribal relation with the Indians and that for said period of time he has adopted the habits of the whites, tilling the soil for a livelihood.
That said R. H. Milroy is an Indian Agent of the United States, and that the cause or pretense of his arrest and imprisonment is his refusal to cohabit with an Indian woman, when so requested to do by said R. H. Milroy.
That he has committed no crime and that no other cause has been assigned or exists for his arrest, save and except the cause above stated.
That the illegality of the arrest and imprisonment consists in this. That he has committed no crime and that no process has been issued by any Court; or officer for his arrest and that no information or complaint has been filed against him.
Wherefore he prays that he may be forthwith discharged from said imprisonment.
John P. Judson
Attorney for Petitioner
Territory of Washington
County of Thurston
John P. Judson being first duly sworn says That he is the Attorney of John Heo the above named petitioner. That he has read the petition and believes it to be true
John P Judson
Subscribed and Sworn to before me this 25th day of May 1880
Siegfried Marcus
Notary Public
Thurston County Wash. Terr.
In the matter of the Application of John Heo for Writ of Habeas Corpus
Petition
Filed May 26 1880
R. G. O'Brien
Clerk
Territory of Washington
County of Thurston ss.
In the District Court of the 2nd Judicial District of Washington Territory holding terms at Olympia for the Counties of Mason, Chehalis and Thurston.
In the matter of the application of John Heo for a writ of Habeas Corpus
Upon reading and filing the petition of John Heo, duly signed and verified by John P. Judson his Attorney, whereby it appears that the petitioner is illegally imprisoned and restrained of his liberty by R. H. Milroy, Indian Agent of the United States, at Olympia Thurston County Washington Territory, and stating wherein the alleged illegality consists from which it appears to me that a writ of Habeas Corpus ought to issue:
It is ordered that a writ of Habeas Corpus issue out of and under the seal of the District Court of the Second Judicial District of the Territory of Washington and for the Counties of Mason, Chehalis and Thurston directed to the said R. H. Milroy, Indian Agent as aforesaid, commanding him to have the body of said petitioner before me in the court room of the said court on the 27th day of May A.D. 1880 at 11 o'clock A.M. of that day, to do and receive what shall then and there be considered and concerning the said petitioner, together with the time and cause of his detention, and that he have then and there the said writ.
Dated May 26th 1880
John P. Hoyt
District Judge, 2nd District
In the Matter of the Application of John Heo for Writ of Habeas Corpus
Order granting writ
Filed May 26th 1880
R. G. O'Brien
Clerk
Territory of Washington
County of Thurston ss.
In the District Court of the Second Judicial District Washington Territory holding terms at Olympia for the Counties of Mason Chehalis and Thurston.
The Territory of Washington,
to R.H. Milroy Indian Agent of the United States, greeting:
We command you, that you have the body of John Heo, by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention by whatsoever name said John Heo shall be called or charged before J. P. Hoyt, Judge of the second Judicial District of the Territory of Washington at the court room of the District Court of said District in and for the Counties of Mason, Chehalis and Thurston on the 27th day of May 1880 at 11 o'clock in the forenoon of that day, to do and receive what shall then and there be considered concerning the said John Heo. And have you then and there this writ.
Witness Hon J. P. Hoyt, Judge of the Second Judicial District at the Court room thereof, in the City of Olympia and County of Thurston this 26th day of May A.D. 1880
Attest my hand and the said seal of said Court, the day and year last above written.
R. G. O'Brien
Clerk.
In the matter of the Application of John Heo for Writ of Habeas Corpus
Writ
Washington Territory
Thurston County ss
R. H. Milroy being first duly sworn on his oath says he is the same 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 along said river to the Summit of the Cascade Mountains, thence northerly along 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 southwesterly to a point on the Pacific Ocean, about four miles north of Gray Harbor & thence south to the mouth of Columbia River except such part thereof as is excluded by an order of the Indian Department of date Dec 5 1879 a copy of which is here tendered
That all Indians in Washington Territory living within said boundaries or [unclear] therein are within affiants said agency and under the jurisdiction 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 within affiants said agency belongs 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 directions 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 therefrom. Also in refusing to obey the directions of affiant as such agent 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 at [unclear] the authority of affiant as such Indian agent to the great injury of the Indian service within said agency.
That for the foregoing reasons among others affiant as such 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 agreeable to the regulations of said agency in case this honorable court deems said detention lawful
R. H. Milroy
Subscribed and sworn to before me this 27th day of May AD 1880
R. G. O'Brien
Clerk
Returned and filed
May 27th 1880
R. G. O'Brien
Clerk
Territory of Washington
County of Thurston ss.
In the District Court of the 2nd Judicial District of Washington Territory holding terms at Olympia.
In the matter of the application of John Heo for a writ of Habeas Corpus.
Comes now the above named John Heo in his own proper person and for answer to the return made by the respondent R. H. Milroy he alleges as follows.
He admits that he is an Indian, but denies that the respondent has any right to restrain him of his liberty by virtue of his authority as an Indian Agent
Denies that any treaty was ever made between the Chehalis Indians and the United States
He further shows that he was born in the County of Thurston Washington Territory and that he is now about thirty five years of age.
That his father belonged to the Chehalis tribe and that his mother belonged to the Squaxin tribe. That his father and mother died some twenty five years ago and that previous to their death they severed their tribal relations and removed to the farm of Col. Sidney Ford in Thurston County and that thereafter, they adopted the habits and followed the pursuits of civilized life.
That neither his father or his mother ever lived on any Indian reservation or ever received or accepted any annuities from the Government
That after the death of his father and mother, he was taken into the family of Col. Sidney Ford and that he continued to live in said family as a member thereof, for the period of fifteen years and until the death of said Col. Ford.
That from the time of leaving the Ford family, he has been constantly living with the whites engaged in the pursuits of civilized life. That he has at no time lived with any tribe of Indians and that he has at no time acknowledged himself a member of any Indian tribe.
That he now proposes as soon as he can accumulate sufficient means to avoid himself of the provisions of the act of congress (by which Indians may enter Homestead of one hundred and sixty acres of land) entitled an act making appropriations to supply deficiencies in the appropriations for fiscal years ending June 30th 1875 and prior years, and for other purposes approved March 3rd 1875
That while employed upon a farm from which employment he expects to realize sufficient means to carry out his aforesaid intentions of acquiring a homestead under the said act of Congress, he was arrested and placed in Iron by the respondent
And the said John Heo, hereby excepts to the sufficiency of the return made by the respondent because the same is insufficient to justify his arrest and imprisonment
Wherefore he prays that he may go hence and without delay
John P. Judson
Attorney for Petitioner
Territory of Washington
County of Thurston ss.
John Heo being first duly sworn says that he is the petitioner herein. That he has heard read the above and foregoing reply to the return of R. H. Milroy respondent herein, and that he believes the same to be true
John Heo
his X mark
Subscribed and Sworn to before me this 27th day of May 1880.
R. G. O'Brien
Clerk
John Heo
Habeas Corpus
Answer
Filed May 27 1880
R. G. O'Brien
clerk
In the District Court of the Second Judicial District of Washington Territory holding terms at Olympia
In the matter of the application of John Hero for the issuance of a writ of Habeas Corpus
This matter coming on to be heard this 27th day of May AD 1880 upon the petition of said John Heo for a writ of Habeas Corpus and the return of R H Milroy the respondent to the writ issued in pursuance of said petition and the reply of said John Heo thereto.
And the court having heard the proofs to the report of said Heo and said respondent Milroy, and the argument of counsel of the respective parties and being fully advised in the premises denies the application of said Heo, and it further appearing to the satisfaction of the court, and the Judge thereof that said Heo is an Indian under the charge of said Milroy, as an Indian agent of the United States and is lawfully held by said Milroy by virtue of this said agency and in pursuance of the duties thereof.
It is therefore adjudged and considered that said John Heo be and he hereby is remanded to the control and custody of said Respondent R. H. Milroy, and it is further adjudged and considered that said applicant John Heo pay the costs of this proceeding to be taxed.
John P. Hoyt
Judge &c.
United States of America.
Territory of Washington,
Second Judicial District. ss.
To T S McKing, Jim Walker
In the name of the United States of America, you are hereby required to appear forthwith at the Court House, in the town of Olympia, to give evidence in a certain cause, wherein Matter of application on the part of John Heo for writ of Habeas Corpus.
Witness John P. Hoyt, Esquire, Judge of the District Court of the Second Judicial District of Washington Territory, this 27 day of May A.D. 1880
R. G. O'Brien
Clerk.
Subpoena.
Returned and filled this 27
day of May A.D. 1880
R. G. O'Brien
Clerk.
Territory of Washington,
County of Thurston ss.
I hereby certify that the within subpoena came into my hands on the 27 day of May A.D. 1880, and I served the same on the within named witnesses to-wit:
T. S. McKing
by exhibiting and reading the same to each of them.
D M Brown
Deputy Martial
Fees:
Serving on 1 witness, at 40¢ 40
Mileage 2 miles, at 10¢ 20
60.
