Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1865-12-12
CITY NJ ( w S

The RESTORATION OF THE WRIT OF HABFss CoRPus.
The city Circuit Court was yesterday the centre
Of considerable interest, it having been announced
that Judge Alexander would deliver his opinion in
the cases of Luther S. Sands and Alexander Kirk
land who were before the Court in response to a
writ Of habeos corpus directed to General Wooley.
provost marshal, who had them in custody as de-
serters from the United States army. The Court
observed, after having reviewed the positions as
sumed by the counsel for the petitioner and on behalf
OF the Government that it must be kept steadily in
mind that the issue for this Court to try to who
is entitled to the custody of the person and has the
right to the services of Luther S. Sands an infant
under eighteen years of age-the Government of the
United States or the father? who never having con-
sented to his enlistment claims the custody of his
person and the right to his services The general
ship and services of his son. his Honor observed is so
well and long settled not be called in question
although this right may be interfered with by Court
OF Chancery, or may be suspended or barred by the
superior claims of the public
And it is this public claim to services which is now
set up by the respondents and it is alleged the Gov
eminent claims his services as an enlisted soldier
Undoubtedly Congress has the right to say at what
age the claim of thepubct the services of the citizen
shall attach, and it has by enactment declared that
no minor under the age of Is shall be mustered into
the military service without the consent of parents
or guardians or master Now, the evidence Is clear
that at the time Luther S. Sands enlisted he was
under II years of age and it is not shown that the
consent of the father was obtained to the enlistment
his consent. To the view to the counsel for the Gov
ernment, that the oath taken by Luther S. Sands is
conclusive. the Judge said that far as Luther S.
Sands IS affected by II, Congress has done nothing
more than incorporate in its act rule for the law Of
evidence which existed previous to Congress itself
and certainly Luther S. Sands would not be per
mted in any court of law TO deny the truth of what
ne has sworn. But the oath is not binding upon
the courts upon other parties in cases affecting
them; could any act of Congress make it So
What Congress intended to do was to bind the
recruit himself and save the recruiting officer
thn altt-p tho To e.,
without the consent of parents guardians &C.
:. Nor IS the relator bound by Luthers alleged en-
hstment oath. Andln the enquiry it is competent to
go behind it. but 1t is not necessary nor does the
Court charge Luther with perjury His Honor then
entered into the discussion Of the jurisdiction of the
court IN reference TO the writ of hobcG corpus and
decided that the Court had jurisdiction in the matter
and concurrent jurisdiction with the United States
contract, and that the father had the right to the
services of his infant son, and Court Of Equity
jurisdiction III the matter.
The Court observed that to charge a party with
crime is solemn act, and that the law, whether civil
or military, requires certain forms to be observed,
which cannot be dispensed with, to bring that charge
within the notice Of Courts OF Justice and DO charge
of criminal offence is set up here Nor is it alleged he
court has been convened to try him such charge.
The only question presented TO this Court is one of
contract with the rights of the father over his infant
SON The other questions raised do not close the door
to the action of the Court upon that one.
His Honor then stated that he was of opinion that
Luther s. Sands was not brought before the court on
a writ of ha5eas corpus, charged with criminal of UE
fence and that the enlistment oath taken by him was
not binding upon the Court. nor did it deprive the
iather of his right to the custody of the SON In con-
cusion the Court remarked that the rebellion was at
an end, was true from the public documents and the
emergency having passed for the suspension of the
writ OF hd6e4s corpus, 1t was now restored, and he
therefore ordered the discharge of Luther s. Sands
and Alexander Kirkland.
The order was at once complied with by General
Woolley (the parties being in court, under guard)
and they were restored to their parents. who were
also present.
THE STATE BILLIARD TorRYAMEYT-Thc grand
State Billiard Tournament for which arrangements
have been in progress for some weeks past, was
opened last night. at the Front Street Theatre in
the presence of large number of spectators inclu-
ding several ladies. The table upon which the games
are played occupied an elevated position in front Of
the stage, SO that the progress of the game might be
watched from all parts of the house. The stage was
occupied by the members of the Billiard Congress
At shortly after eight o'clock Mr.. ?. McElroy intro
duced the players to the audience in brief speech,
and the contest for the championship of Maryland
was opened by Messrs. W. F. Glcssner and w. J.
kirtley, the latter heretofore the acknowledged
champion of Maryland. The game was for 300
points up, and resulted in favor of Mr. Glessncr ON
the 9th inning, his being 300 against 239 for his
opponent, beating him 81 points
The average of Mr.. GleSsner was - while that of
Mr. Kirtlcy was II. The largest runs made by the
former - 2 n 2Oand Is by the latter Is % %
~. and II,
While this game was in progress Messrs Michael
Phelan, of New ork, John McDevtt. of Indianapo-
lis and Pierre Carme the great French billiardist
entered the Misunderstanding Just arrived from New
y Ork-and were greeted with enthusiastic applause
They were conducted to seats within the railing.
After the tournament game. which occupied about
two honrs. Messr- MeDevitt of INDIANAPOLIS and
Nems of this city, played an exhibition game which
resulted in favor of McDevitl, on the 2Sth inning
by 80 points; the of the former being l734
and that of the latter 16 The following the score
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