New-York tribune., 1867-10-03
UNITED STATES CIRCUIT couRT.-BefOre Ju

UNITED STATES CIRCUIT COURT.-Before Judge
BEATCHFORD
INTERSTATE COMITY-HABEAS CORPUS AID TES-
TIFICANDUM-THE HAMILTON ENLISTMENT.
This is the matter previously. reported IN
which Hamilton seeks for his release from Governors
Island, where he is held as deserter from the United
States Army The testimony taken on oeii 9 tne SSS
eumcnt positive that lie was enlisted M Philadelphia,
his mother cOnsetiug To his enlistment, ana ine cor
ospondence between his descriptive list and personal APP
pearancc and the resemblance o sgai urS Is suicleny
close The Court took the papers reserNlng s DECISION
The prisoner was arrested philadelphia aud dispatched
by tue recruiting officer, Capt Brown 10 Governors
had actually left Philadelphia though was unknown
to Capt Brown, habeas corpus was served on the Cap
tain who made return that the Prisoner was not under
his control An attachment and commitment were or
dered ssass, Cant BrOTn on the Uon 'ss hsor ne
the Court. Meanwhile the present haoeas corpns ior
Hamilton was sued out In the Dlstict, and Capt BroWn
being considered important witness habeas corpus
ad testra,.dn issued 10 bring Brown here. rms
writ provided ISr ae ~ neeceS the writ
whereupou proceedings for attachment were
aSspSia s came on and saw Mr. Courtney, the g. Dis
trct Attorney, and offered him return to the ogihal
csion Of Judge Blatchford in the matter The attach
ment was then waived. Judge Blatchford deemed tnc
return TO be insufficient and the Us District Attorney
so Informed Mr Mann, and Capt Brown was sent ON
under charge OF officer Of the name OF Lees day
or two after his arrival Capt Brown sued out hsbeas
corpus before Judge Carezo of the Common Pleas and
was discharged. He, however, appeared before te eo
TaSsS %SS9ner in aIa Court gave OdSy ? M Manu. nam in tie
| Court OF Sessions in Philadelphia, made some re.
siates Attorney Of this District having
by a trick procured the liberation cf Capt. Brown
When the papers in the main matter had been submit
ted Mr.. Courtney aud said that he thought
70 sr ad h ec"faa Ia "s eneeon With ns ea:
He then gave short history Of what had occurred be
PiNadeoIa Press lie stated that the wit requiring
Mr.. Browns presence returDablc at o'clock ho
came. He wa: no Present at O'clock The keeper OF
the PRISON who brought hD on had never reported 10
hiu VII n
his knowledge conniyanee, or CONSENT ad caused
writ OF babess corpus in the matter of Capt Brown TO DO
issued by Judge CardOZo. The wit OF this Court was
signed by himself clr Courtney Was IL not strange
the keeper OF the prison had never reported tue
service of the habeas corpus hint VAST not sgnsh
cant factl Had IT been reported 10 him he would have
peared before the Court, and on, representing tho
true state Of the case he nad no GoIos 'f, th
plan hatched in Philadelphia. He was iniGrmed
that Judge Cardozo the keeper Mt Lees, time Ia
procure any papers from Philadepha he desired but the
keeper soyS r te to c @ from rsspoasi
bly. 1t would seem prepared tning 70 enaDe % All Mr.
pose was ali this talk in Philadelphia The matter was
now before his Honor to decide upon the whole OF IT, Any
mo- authority Under his direction Capt Brown here
to-day to undergo any thing his A3nor mls dtse' ~ s SSsn
delpha jaer He thought that ThoeyeT pr0euTsea REQ s9s
w from a ts sGgd r o tbs Court did an improper thing
and that could not be explained. IL was & ma9u
cartesy dTe from the Courts OF ono those Of
anoher or OF the United States to those OF State He
asked II for the respect due by the Court toiS own orders
III he was wronged he had his remedy there Dut the
wording of the writ required that he should De Tet1ngd
there 10 try his remedy and here lie had none lie would
like to that had presented the matter 10
Lent Gardner explained that he had acted for Mr.
Brown In the matter believing that the Courts OF Pha
dephia had acted entirely without jurisdiction III con-
filming Capt Brown, the proceedings having been agahss
him In his official capacity, and therefore nfsetg con
trary TO law He explained the matter 70 yuuso
doza but he admitted proper return hau pceh mue
by Mr Lees who had now left and there was 10 person
10 take control of Capt Brown. -.
Judee tchford after reciting the facts, ruled thar
nd testhcandum-under the mandate Of the Court. He
was now before the Court had not been our OF us power
aud the Court had cognzance OF the matter IL VAS &c.
cided in the that where party was DrvuSh.
IN by habeas corpus he continued under inc cohtoV
the Court issuing e. and his safe keeping was with that
Court until the writ disposed or Ire ohcer hyng
him in custody was served with writ or haneas corpus
from Judge Cardoza The original Wit bore on us lace
the name OF the District Attorney lho oicer ud noe
notify him. though lie had brought Capt Brown here u
der the writ held him here under H. ana ha no
with him here but for the writ lt appeared from tno
neon that Il was not set forth In II that Capt Brown
by A commitment of the Quarter Sessions of Pmla'
delphia, Nor did the return ald ue o ma..a.
n merely set out That he held by order OF supe
tendent Perkins This Court Will assume that he OF
done his duty and az dismissed the writ but what
ever may have been his private information ne W,s %
by the papers before him, and on those no yau
for dettning the prisoner appeared; but nener hs
tion nor the negligence OF Mr. Lees anect t rshtoi
this Court Capt had never been out OF luf
diotion and the Court had but one course 10
must send him back TO the place from WI ~ no ~a
brought for the purpose of csrfying ana as ms Plvp
S there lea wing him TO such remedy as he may thnk
roer for any injury he may have sustained from tho