The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-26
UNITED STATES COMMISSIONERS COURT.

Interesting Military Hnbeas Corpus Case-A
Question of Jurisdiction and veracity.
Before Commissioner Osborn.
In re VIM Le,cis Hamilton and the United States Mi
tary Auhie. case (which contains several points
of more interest than usually be found in such
proceedng originated in the city Of Philadelphia where
it is alleged that Hamilton enlisted into the service
of tho United States the LIST Of last April 1t Is also
alleged that he deserted time Afterwards and
being arrested application was made for . writ Of
habeas corpus, which writ was served ON Captain
Brown Of the Twen yourth regiment or infantry, in
charge the recruiting station in Philad phia. Captain
Brown male 70 the writ that Hamilton was out
of his contro aud also out Of the jurisdiction OF tue
court having been sent out of the district Captain
Brown arrested for contempt Of court,
the ground tat before making return 70 the writ he did
sQicl lit pains 10 ascertain Ham ton's where
abouts Shortly after Hamiiton's arrival at Fort
Hamilton, Governor Island, application
corpus TO have him brought up and discharged.
On Hamiton's appearance in court Lieutenant
Asa Bird Gardner, on Dehai OF General Dutterhed,
asked that make proper return to the writ,
sum lent time DO granted to enable the government to
procure the attendance OF Captain Brown TINS city,
The delay granted, AMI tue wr Tor the production
OF Captain Brown served the Deputy Super,n-
tendent OF the Pnadsipha county prison, by whom
was ignored. Lieutenant Gardner then applied for
attachment against the superlnt ndont Tor
tempt Of Court pendDg the serving OF which that fuDc
tionary released Captain Brown and sent him TO New
York in the custody OF officer On the arrival OF
Captain Brown in this city application was made by
Lieutenant Gardner 10 the Court Of Common Peas 10
officer The application granted and the release
ordered
Yesterday Captain Brown before the Commits
siouer on an order from Judge Batchford TO give his
Testimony a. 10 the facts Of the nl.stment.
General Butternelds return TO tho writ OF habeas
corpus was read BY Lieutenant Gardner, alter which
William l. Hamilton vas examined, and testified that
he as nineteen years OF age that mis- father dead
had resided with his mother IN the city oil Phia
deIpha up To the col OF last August; did not recolect
that he had enlisted or gned any tnlistfnent
papers On his REORGANIZATION Hamilton equally
haf a enlisted Sgucu emil
papers.
the recruiting bureau Philadelphia but at the time Of
Hamitons alleged enlistment he was absent on duty at
Fort Randall Dakota Territory
Coiouel John b Parke. Of the rwentysxth regiment
United states inlan.ry testified that he recognized Ham
iton, and him the Doctor's oihce, 2oi DOCK
street. Puladephis tho Let day Of last April; ne
had been taken the office by tho recruiting sergeant
in Company With i've six others, 10 have the oath
administered
sergeant Bigeow, being sworn testified that he was
the sergeant Charge Of the recruiting party Pna-
| deIphia under CAPITA Brown he first saw Hamilton
on me 81 or Alb ast April, at the recruiting rendez-
vous No 256 south Front street. lie next saw him on
the 2Oth OF August, when, by order Of Captain
Brown he arrested aim deserter. The charge OF
dsser,on was made against him the morning. OF
2ls and he received transportation " New YORK at
| the same time.
The proceedings here rested and the testimony will be
submitted Judge Batchlord, VINO has gone 10 New
port