The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-02
NEW YORK, SATURDAY, DECEMBER 2, 1865.

aIss Srisi il iis Sshs sISssss%r E
Tss.eMJ A. cAxpsurL. oAA' = .
state sss OF % g @ s
oath and saith that tho statements Of fact IN The foregoing
petition ho believes to be E0s. ruon.sc DEXTER.
Sworn to and subscribed before ~, . n.ooxs -
copy Of the original writ on ale q MS 9alce ..
The writ Of habeas corpus was next read by Mr. An
drews. II Is as follows:-
WRIT OF HABEAs CORPUS.
TIE UNITED STATES or AMERICA,
SOUTHERN DISTRICT ALABAnA.
The PRESIDENT Of the United States Major General Chas
q he
o ans Gle ess or having the custody o.
VIC you have sSs body q tho said Thomas G
geher with cause Of such mprsonnsa deten.sn,
a. s Ss Southern q ss 81
cy g Mobile the 2sd dsy o. No.s%Se, iss aswslSs
eo%sdersa concerning the said Thomas
Judge Of the District Court Of the United States for
sst q ADsm 1 ns an sy % SS
- - LAWRENCE woRRALL, Clerk.
Proof Of the service of this writ on General R @.
Woods and oa Hunter Brooks the Provost Marshall was
then made, and Judge Bus,eed asked IL either OF tho
respondents was present. Neither OF them appearing
the Judge caused proclamation for them 10 be made, and
in stentoran voice the crier called out tho name OF
each three times. Mr. Andrews stated that General
Woods and Colonel Brooks had each made return TO
IT, when Judge Busted interposed and remarked II was
only fifteen minutes after the hour appointed fer the
hearing and that the respondents may have been
and saying he could suppose their absence TO be in
territorial would wait five ten minutes before pro-
ceedng AT the lapse Of the longest period neither the
General nor the Colonel appearing proclamation Tor
them was again made by the crier and Mr. Andrews
read to the Court the return OF Colonel Hunter as fol-
lows
HEADQUARTERS, DEPARTMENT or ALABAMA,
OFFICE Pnoyosr MAnsnAI arsrnAI, Nov; p, 1895
from Major General g R. woods, commanding this depart
recognize the authority Judge Busted, and
therefore decline to respond further e the writ pooxa
Brevet Lieutenant Colonel and Proves. Marshal General
The following return was made by Major General
Charles r. Woods
HEADQUARTERS, DKrARrxRKr OF ALABAMA,
MoaiLR, Ala. Nov q, 1863
By way Of return to the within writ. I breyst Major
commanding Department Of Alabama respectfully show
s a q a. y IN soa yo n s
dent Of the United States, and q Major General George H.
the United sate. the writ haSess : suspended IN
of military superors the President Of the United states
Sna o.
as S ns ne Of s
the writ Ct RnIs G %ooD 81 sss
Commanding Department OF Alabama.
Judge Busteed then asked the counsel II he had any
motion TO make. whereupon Mr. Andrews argued that
both the returns wholly defective and insufficient
and moved In conclusion for order directing General
Woods and Colonel Hunter 10 make further and full re-
turn TO the writ
has said touching the nsufciency OF these returns
That of the Provost Marshal Is not insufficient only II liz
disrespectful the Court 1t 10 not proper In making
an TO writ OF habeas corpus deny the authority
the officer issuing the writ This is no part OF return
lean but hope that officer In the military service Of
the United States Of the rank OF the respondent Hunter
guilty OF intentional dsrespect to the courts OF the
United states and that the language in which he couchee
his return in the result Of his ignorance OF what
In tna Drem 4 supDOsed that the matter
complained Of proceeded from vicousness IL would be
my duty order that he show cansc to morrow morning
why he should not be proceeded against for contempt
choose the charitable construction and pass II with
these observations The motion that he make further
return viii no. be granted Is = ,,o oe %nSs
orders from General Woods, his department commander
and because IN the return made by General Woods he
sssumes the responsibility Of the imprisonment OF the
The motion will be granted respects the return
made by General Woods This return Is altogether In
sufficient II does not comply In any essential with the
requirements Of the law. The writ Of habeas corpus is
the peoples writ Of right When issued out OF United
States Court tho practice upon tho return 70 II conforms
10 the practice q the Supreme Court Of the State
which the district Ii situated Is OF the essence
or the writ that the body Of the petitioner DO produced
with the return the respondent have his custody The
statutes Of Alabama reqgcindeed the statutes Of all
tho States ne body Of tho petitioner be
produced before the officer issuing she WITH when return
ia made to IT, and that II the pary is detained under
writ warrant other written authority copy thereof
be annexed 10 the return and the original produced
to the court In all these respects inc return vi 1eneis
Woods is defective He claims 20 hold the petitioner by
authority of the President OF the United states and OF
Major General George II. Thomas This authority
should be produced.
That par Of the return to the writ made by General
Woods which informs the Court that 1.-The writ ~ habeas
corpus Is suspended in Alabama may be treated "a
surplusage The General il evidently better soldier
than lawyer This Court cannot suppose that an officer
OF the high military grade OF General Woods intended to
instruct the Court upon the law OF the case snd the
very full d clamer OF drespect for the authority
or the Court which the General makes ia has return Is in
marked and satisfactory contrast 10 tho course pursued
by an officer OF subord nate rank
The counsel may take the order asked Tor and this
court will now stand adjourned until Tomorrow al eleven
O'Clock.