Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-07-30

INDIANAPOLIS, July y, 1903.
EDIroR SENTINEL: On Saturday evening last.
/ left the enclosed communication at the Ournal
Office. accompanied with the request that i should
be inserted in the ensuing Monday muning's
Journal. The request has not been complied
with
IL is but jus; to Judge Perkins. as we'll as nv.
self. hat the communication be published. and
therefore ask that Won insert il in the Sentinel:
Very respectfully. B. h ELLIOTT
EpIToR JoURNAL: Your article in this morn
ingS paper in reference 10 the decision of Judge
Perkins in the application of Robert Marvel for
writ OF habeas corpus contains many errots. and
for the purpose OF correcting these errors ask
that you publish ibis communication
As the attorney of Mr. Marvel, presented
his petition to Judge Perkins, who, after reading
il. ordered the writ to issue and appointed 3 o.
clock a. the time for hearing At the appointed
time, the petitioner appeared; Capt Braden did
not appear IN person. but caused the writ with his
return endorsed, to be filed The return denied
that lie had the boy in custody The boy vas.
however. then in custody in the court rooms
fact of which Judge Perkins not aware Mt
the time the return was filed. Our statute q
G. ( 3ls) permits return to a writ of hsL<ss
corpus to be controverted. AMI the petitioner
therefore asked that his evidence might be hearl
This request granted. and the facts dsclosei
by the evidence briefly these: The mrur
sOG Of the petitioner ran away from him on Fri
day and enlisted. and on the following Saturday
the regiment in which he had enlisted left for
Virginia The enlistment was made without the
knowledge or consent of the BOYS father and. at
the tine. the boy vas barely sixteen years age.
The first intelligence the petitioner had from his
son wss that he was in Virginia; the next intelli
gence he received was that the boy was living in
the hospital at Grafton. Virginia, very danger
ou.iy ILL., The petitioner upon the receip, or this
intelligence started NJ once to Grafton
where he remained with his son some time.
and succeeded in obtaining a furlough and
brought his son. still very III, home with him.
After his arrival home the boy reported TO Dr. .
s Bobbs Medical Inspector. who directed him 20
remain at home. a. be was unit for service. The
boy also reported several times 70 Col. SIM
onson then commandant Of this post
C'pt Brsden, few days before the applica-
cation made By Mr. Marvel. bad ordered the
boy 10 be arrested a deSerter. but at the time
the officers visited Mr. Marvel's house Tor this
this purpose. the boy WAS away from home. On
the Monday following. petitioner called upon
Capt braden and had an interview with him, rel
alive TO the arrest OF his son. The Captain then
requested Ar Marvel 10 bring the boy TO his of
fee on the "wednesday following. between one and
two o'clock 10 the afternoon. which Mr. Marvel
agreed TO do. Very shorty after one o'clock on
the designated DAY. the bow vas taken 10 Cant
Brzden = Office and left there the boy as.en ting
10 the arrangement. When the pesitiou vas
hied aud writ issued. the boy was in Capt. Bra
deus ofhce-the Captain. however. was NOT
there. After the evidence had been hear I
briefly addressed the conrt. suggesting two rea
sous Why The boy should be discharged.