Congressional Serial Set Volume 2277 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 Excerpt: ...court, southern district of New York. In re Thomas Davison. Wallace, J.) This appeal is brought to review the decision of the district oourt for the southern district of New York, discharging upon habeas corpus the petitioner, 'Davison, from the custody of Captain Ward, of the First Regiment United States Artillery, commandant of the post of Fort Columbus. It appears by the record that Davison enlisted in tho Army of the United StatM in July, 1870, for the term of five years, deserted while on furlough in February, 1-72, was arrested as a deserter, and brought to Fort Columbus in October, 13), and was held in the custody of the respondent to await trial by general court-martial at the time the writ issued. It further appears that the uetitionor was but nineteen years of age when he enlisted; that he had a mother living and dependent upon li i in for support, who never consented to his enlistment; and that daring the entire period between the petitioner's desertion and apprehension he was within the city of New York. The petitioner's discharge was claimed on two grounds: first, that his contract of enlistment was void, and therefore he could not be held as a deserter; and secondly, that if he was a deserter, he was not amenable to trial, because more thiin two years had elapsed since the commission of the alleged offense. The learned district judge, in the opinion delivered by him, placed the petitioner's right to a discharge on the second ground. Article of War 103 (U. 8. Rev. Stat., Sec. 1342), declares that: "No person shall be liable to be tried and punished by a general court-martial for any offense which appears to have been committed more than two years before the issuing of the order for such trial, unless by reason of having absented himsel...