, 1867-01-04
{v,,, AZ uabsa. Corpns.

eAse exciting some interest was heard on
,hs Cd day of January, before Judge Wyehe'
A.d,.w ]. Derrick served out writ Of hdbeds
eorpus before Judge Wyche, for the custody OF
bis daughter, Louisa JAue Derrick, aged ABOUT
efseeu wears, who was at the house OF Mrs. NJ
D. whitesidss, Of this city
The application for the custody Of the daugh-
-, was resisted 90 the ground that the father
had reelected to properly care for his daughter
and had abandoned her and left her TO take
care and provide for herself, and that she was
supporting herself aud now had good home
and desired to remain there, and did not wish 10
90 with her father.
The Court, however, after full inquiry, with
all the facts Of the case held that the father had
not abandoned bis daughter, and was and had
been disposed to provide for her as well as his
means would permit, and that be was suitable
persou to have the care aud custody of bis
daughter.
The Court took occasion to express it's views
at some length, upon the relative rights and
duties Of parents and children, and hell that
the parent was entitled in law and in right to
the society and services of his children until
they were Of age, and that there was no hard
ship on the children in this, as they could never
repay their parents for their care and anxiety
over them in their helpless years, and the opin-
ION was expressed that the only safety for the
children aud the good of society, was to be
found 10 the free recognition Of the parents
authority and the Court stated that in this
and every other civilized community, there were
always enough good people to see that the au-
thority Of the parent was not exercised to the
manifest injury Of the child, and>i( there was
any danger, the danger rather was of NO much
Interference by the public with parental gov
erument than too little.
| In this case, the Court said the young girl
was at age when the greatest dangers would
beset her. and that under the care of Ter fnthel
her greatest safety would be found The Court
accordingly made the following order in the
prsmises
ANDREW J. DERRICK HABEAs CORPUS.
Mas. NJ. D. wHIrEsrDEs. January 2, 1867.
And now Mrs. NJ. d. Wnitesides this day, in
| pursuance OF the writ issued by this Court pro-
ducng the person of Louisa Jane Derrick into
Court, and after n full hearing by the Court and
inquiry into the facts and circumstances of the
case II satisfactorily appearing that the said
Mrs. NJ. D. Whitesdes is exercising no illegal or
improper restraint over the said Louisa Jane
Derrick, the said Mrs. ~ D. Whitesdes is dis.
charged from the writ, and il further appearing
to the COdrt that the SAID Louisa Jane Derrick
is minUr, being about fifteen years Of age, and
hence Is subject to the custody care aud Goa rUl
OF her father, the plaintiff, Andrew j. Derrick,
aud afe fLl Investigation it appearing that
her said fitner is suitable person to have the
care, custody and control of his said daughter
LnuIsa Jane d .rrick it is now here cOusrd rderpd
aud or!errd aud decreed. THAT A. Seiiel Sheriff
of Walh WAlla county deliver to Ihe SAID faith
er his d'ughtrr, LOuiSh jane Derrick, to the end
that he may exercise that care aud control over
her habits, associations and education that he
has right to exercise by both the laws Of mai
ture aud the laws of the land And 1t is luther
| ordered, thar the said Mrs. NJ. D. WhitpsIdps
her agents, servants aud employ ees be restrained
| from interfering in any manner with the sand
| LOnisa Jane Derrick or the right OF her saIt
father to her care and custody.
Aud it is further ordered that the defendant
pay the costs she nas made in this hearing, and
the plaintiff pay all other costs, to be tHxed by
the Clerk. WYcHE, Judge.