, 1863-07-18
TIE HABEAS CORPUS ACT.
A Remnant Of the Princeton Regi-
ment-rAffidavit Of Col Wins
low--.The Prisoner
Discharg ed,

Discharged.
On Wednesday last IN application was made
to Judge Drummond Of the q. 8. District
Court, tor writ Of habeas corpus, to be di.
rccted to David E. Norton, Deputy Provost
Marshal Of this STATE, commanding him to
produce in Court forthwith the body Of one
George Il. Ventioner, who had been arrested
as m alleged deeer,er from the army Of the
United States, and lodged IN the Bureau coun.
ty jail.
The prisoner, through his counsel, R. F.
Winslow, esq, denied under oath the Charge
Of desettion, and also denied that he wa7 ever
in the service of the United States, in any ca
pacity. The Court ordered the writ to be Is
sued. Subsequent to the Issuing Of the writ,
the cuEtody Of the prisoner was delivered by
Deputy Provost Marshal Norton to Captain
Putnam, commanding at Camp Douglas, and
the writ was amended In accordance there
with. ..
Yesterday the case came up before Judges
Davis and Drummond, aud the hearing was
proceeded with, Mr. Winslow appearing for
the petitioner, aud Captain Putnam for the
Government.
Mr.. Winslow moved for the discharge Of
the prisoner, on the ground that 1t was the
duty OF The Government to show that he was
an enlisted soldier, which thty had faile4 to
do.
Judge Davis eald that the question was as
to whethe5khe contract between tAe Govern
.nent and the prisoner had been perfected.
11o 1,ol 3rs, nd n IT. nfr
Winslow threw the onus Of proof on the Coy
ernmcEt officers, then they must have time
to obtain such proof Hthe counsel was rea-
dy to produce the affirmative proof on the pc
tition, the Court would GO ahead with tho
heari1 6 at once.
Mr. Wipelow replied that he had prepared
an affidavit, setting forth all the facts In the
case, which he would read:
AFFIDAVIT or COL wtxs1ow.
United States Circuit court, Northern District Of
Illinois:
In the matter Of Geo. q. Ventfonc.-pctitionfo for
haheas corpus. Robt1t r. Winslow being duly
swo,n, says that he knows the above named petit
tioneI, that he became acquainted with him under
the following circumstances That in July. 1885,,
e. t rae
United States, Il said regiment wonld be accepted;
|
dcponeLt That II such regiment could be 1afsed by
him aid made ready for marching orders IN sixty
| days the Government would accept tho sane;
that af;ant made the att: mpt to comply With said
| terns, ant secured the names Of come 1re hun-
d1td mer, oul Of one Thousand, the requisite com
pleme Mt for full reglmcnt hut failing to comply
with the tcrME, by an order from the Var Depart.
usnt. tie men so satfed, and all the authority Of
depone1t. were trai eftred to the Governor Of the
Slate oi Illinois and we're: therefore, managed and
after such aneier, he, this cepouent, was left bY
Governor Yates in charge Of said men
and continued to, receive volunteers al;
though not expressly authorized to do 20,
and that 1t was during the period dcpoaent was
atiTg withoot orders that tho petitioner
ri lat shortly after this :he command Of esid
men, including petitioner, was given by Governor
10 T. D. en T.es s
the said men, by rome authority, we're consolida-
ted with the mrn nnder s. d. baldwin. and were
Mls. Volt., otwbich sid Baldwin was subsequently, M
commissioned "a Colonel. This deponeut saith
that according to the regulations Of the United
In reiclenee to lie vo!untecr iore a recruits a:e
required to be examined as to their physical con.
d!t1on, and pronounced by al officer Of the United
bodicS men as condition precedent to sch 6 re-:
crnIis being received into the service ct the United
Statep, soldiers in the army, and thereafter t.
C or by fome other Gntea sa.es tao oeei
aseigned to that duty. This depoaent further
eath that it 10 also prerequisite to soldier being
received into the army that the oath prescribed h5
Law and In the army regulations, be administered
to the recruit either By an officer himself mustered
into the service q the United States in the army
thereof, by Justice Of tho Pence, which Eulcs
regulations ard requirements WcFc In force ut The
time said petitioner offered himself as a recruit
aid have continued 30 ever since.
This deponent further eaith that he was present
and thoae under Col. laid Yin, were consolidated
TIT United Stttes and that 1ht petitioner WAS moi
among thofe 20 examined, sWozn and mustered In
that said petitioner had been previously advis.t
that there was contract hladlus him to serve it
the arn1y and upon such advice petitioner left ant
E returned to his place of business in Bureau coun
ty, in tie State Of Illinois sometims n the earl,
said consolidating and mastering, ,whcre ho sho.tl.
sttes. a d. married en:nsed IL business. and ha'
remained m urdittu5bed' M E ana Without any clalm BE-
e his eaid enlistment until about the 1Ath Of July
4. p: 1863. when he vas arrested sc deserter b,
the Deputy Provost Marshal. This dcpunrnt fur
ther ealtA TINT he has been quite fu1nfaz With al
the "details in relation to the organization Of tt.
9Th regiment referred to, and that it Is hardly pos
OF private Of raid regiment without the knowl
edge Of deponent prior to Its being caled into tht
O field; ard Opponent is very coafdent that pets
toner neses was connected with said regiment, o.
In the lLtcd Stutcs nrmy, or anJ farther connect
( I'd Herewith than as is hcrcin atoyc Get forth
This tspone!'t further saith that since the arrss
Of said feutiontr ts tetcxtcr he, this dcponent
8 csnrcfeed with the Deputy Provost 4arshs1, b.
whom he waR nsreated. David I. Norton, esq, an
vas i.ioEntd " ss:d Norton that le had no pa'
that he knew Of no other claim which the Govern
meat had upon taid veltiouer than such a. nigh
/, te fouIdeL or h1s having volunteered under thI
depont ut IL, the Kramer as ia htEefu nboFe Sc
forth, and that be did not believe that said Ven
. tioner could be held or onsht to be held as Dc
Bureau county similarly ci:cumstanccd in thel
: relations to the Government, he desired to hay
the question Of their liability tested and detc:
mined By the United States CoErt or by q Juds
: Of sald t.oqEt, and therefore arrested him.
n md It, t. efes rs A. @ d
Judge Davis inquired whether Captain Put
nam understood The facts to be as set out Il
the affidavit.
Captain Putnam said, from the best 1nfo1
nation he could gather, they we're as stated
The prisoner was then brought forward, a
: the suggestion Of the Court, and sworn. Il
!; stated that he Ind never been sworn into th
, service Of the United States, and had acted 4
: cook for the six weeks Of his stay In camp .
} Princeton
, Judge Daris-The Court does not thin
7 the Government and this party. If the ma
had enlisted and gone to the field, then =
should not discharge him
Judge Dy.nunond-H there Is an officer nl
+ thorized by Government to recruit and enlI
mcp, and man is enlisted and sworn In, Il
. contract is complete. If the authority to 7
csuit comes from the United States, and Il
recruit af1irms the contract, then It is cor
,. plete.
= Judge Darfs-Let the party be discharge
- This is considered as u test case for son
!" thirty or forty residents Of Bureau couat
= Ill Of whom joined tho standard Of CO
Winslow, hut were neEcr sworn into the se
y vice Of the United States BY 4 proper Office
e. They will all hare IN improved feeling
% easc, wlen to-day's TRIBUNE reaehes the
Is with the announcement that Ventioncr u
e. discharged By the Court.
a. TElE SECOND DADVENTKN7a
:. Rev. Mr. Hines In Ch1cago.