New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-03-05
Col. Leemis .nd the Writ Of Habcas

Corpus.
The sensation article which appeared in one Of the
morning papers respecting the arrest by the police
authorities OF deserter named Edward G. Matu
rim s gross misrepresentati OF the f'cts In the
case. The Yong man in question enlisted with the
view of going South with the Banks Expedition
but afterward deserted and was arrested at his ia.
TIERS house and taken TO Governors Island. The
father Of the accused applied TO w. +. Howe,
criminal lawyer, whose office is opposite the Tomos
on Leonard street, for advice, and that gentleman
sued ont writ of habeas corpus on the ground that
the the young man was only Is years Of age, and
that he WIS not enlisted but kidnapped into the SER
vice. In order to get at the facts i'll this matter oar
reporter called upon Sheriff Lynch and inquired for
information. The Sheriff said he knew nothing
about the case until this morning. No applica-
lion had been made to him to serve writ on Col.
Loonis commanding the military post at Governors
Island, for contempt Of court'in refusing 10 answer
to writ served upon him; that lie regarded the
article in the newspaper as sensation star, writ
ten by parties who ought to be sent 10 Fort afay-
cite. II writ should be put into bis hands TO ar-
rect Col LOOMS, 10 should do bis duty, and he did
not think there would be any collision between the
State snd Federal authorities. A writ may have
bee placed in the hands OF one Of bis deputies, but
be was not aware Of any such transaction.
Mr.. Howe, the attorney, states that the boy was
under age, that he kidnapped into the service
and that Deputy Sheriff Cafrsy bad the business in
hand; that Col LOOMS would be arrested If it took
all the officers in the county to do Il; if they failed
the Governor would be applied TO, and In the event
Of tho militia failing, the whole Of the Democratic
party would be brought into requisioo. Every
avenue IL watched meanwhile, and Col. LOOMS can.
no! set his foot in NewYork without being arrested
lie would then be fined and sent TO the County Jail
In order TO get light upon the subject orr re-
porter called upon Col. Cram, Chief Of Gen. Woo's
Staff. lie saij the brother Of the Young man who
was arrested for desertion called upon bm the day
after the arrest for pass 10 Governors Island, pre-
tending that he desired to take some necessary
articles to the prisoner. A pass was grantedi snd
when tho recipient remarked that mis- brother wac
under age when he enlisted the Colonel said: II you
can make out such a case IA that, will soc that he
IL promptly discharged from the service. The next
day Mrs. Maturin (the mother Of the young man
under arres,, and her daughter callsd on Col. Cram
for a pass TO visit the Island and see her soD. She
stated that her con 10 years Of ae, that no was
determined 10 enlist and 20 OF in the Banks Expe-
dition, that ste did not object to bis going into the
army until rho sscertaiued shat there was proba
biity Of the expedition making an aisault upon
Charleston that she came from South Caro-
lima, and could not consent TO her son taking
up arms agsins. Charleston. After some patriotic
remarks made BY the Colonel, in which he alluded
10 tho fact that the rebellion commenced in South
Carolina. no informed Mrs. Mtturn and her daughter
that II the young msn was under age, and had not
the consent Of his parents to join the army, Gen.
Wool had the power to grant him discharge, and
/, would be promptly done. A pas, WAS given to the
ladies.
Tho mex, day, the Colonel was surprised by call
from the prisoners brother, who had failed to uso
his Grst pass and desired another. IL was granted,
and tho man, having obtained tho pass under the
pretense that he wished bis brother, crossed
to tho Island with the intention Of serving the writ
on COL Loom's. Arriving at headquarters, be IN
ceremoniously opened the door leading 10 Col.
Loomis's dining-room, and found the Colonel at
dinner. "WhsI do you want, Srp inquired the
Colonel. IL want to eco my brother" said the
young man. "See him, them" said the Colonel.
The presence and tho manner Of the Colonel 80
frightened the visitor that he did not muster courage
enough to serve the writ. On Saturday, when Col.
Crum came 10 bis room At his headquarters he
found a man waiting for bin. lie claimed to have
been in the service, was acquainted with young
man on Governors Island from tho South, and de
aired To zee him. "Is your business very import
ant I" inquired Col. Cram. mot very important"
replied tho applicant. ~ cannot grant you pass,
said the Colonel 10 the course OF the day, the man
called again, and served writ on Col. Cran-the
same writ designed for Col. LOOMS, a. the inter.
hncatlons in tho writ plainly show. Col Cram
auswe, ed to the writ and appeared before Judge
McC ann at hs chambers in Wall street. lie stated
that Maturip was not in his custody be bad no
power TO grant passes except for specified purpo-es
"bn,." ssid he 10 the Judge and tho attorney,
Howe and the father Of the man under arrest, who
were pres.nt, "if the young man is under age, and
Las snIisted without tho consent OF bis parents, l
will see that be Is discharged without further troa
ble.p "Tbat 10 not what We want said Howe
we want TO maintain the majesty OF the law OF the
State" "Wel' said tho Colonel, do yon want
to maintain the majesty Of the law Of tho United
States also We havo desire to come in collision
with tho law of the Stas. The case is simple one,
and can DO adjusted without the least difficulty
Col. LOOMS came to the city on Monday TO attend
the funeral Of COL Tompkins, and when he WAS sit
ting in his carriage some ono came to the carriage
window and thrust y paper in bis face, say ing,
"Here 10 letter for you" " want no letter pre-
sented in such q manner" said the Colonel. II sp-
p,ars tho bearer of this note was An officer, and the
nole WAS A writ Col. Loomis took no notice Of il,
and this is called contempt Of Court. 1t is evident
thu, few Coppcrheads are exertng the utmost OF
their ondeavors to bring about u collision between