New-York tribune., 1867-09-26
UNITED STATES COMMISSIONERS OFFICE-Beforo
Commissioner OSBORN.
AN IMPORTANT AND COMPLICATED HABEAs
CORPUS CASE.

Hamilton enlisted in the United States Army
at Philadelphia swearing he was 10 years 0 age. An
application made there for writ Of habeas corpus 10
have Hamilton brought before the Court and discharged
from the army, the ground that he was minor en-,
listed without the Of his parents The VIII was
granted and served on Capt Brown OF the 2ith ihhy,
who had enlisted Hamilton. Capt. Brown made return
that Hamilton then of hs control ana also out
OF the jurisdiction OF the Court having Deen sent out OF
tempt Of court the ground that he had not, before
making his return, taken sufficient pains to ascertain
whether Hamilton was really out OF ue 'oe.ae.. @
Hamilton was sent into the district ana quar-,
Governors Island. shortly after his arrival
writ of habeas corpus to have Hamilton brought UP anu
discharged for the same reasons stated IN the apcaoh
in Philadelphia. The writ was granted, aud Hamilton
was produced in Court but Lieut. Asa Bird Gardner who
appeared behalf OF MaiOrGen Butieihtld asKed tht
in order TO make proper return, sufficient time DC
granted enable the Government 10 procule the attend
ance Of Capt Brown here as witness 10 TESTIFY 10 lhe
facts of the enlistment and Also applied for writ OF
habeas corpus I'D sdcaadn for the production OF Capt
Brown such witness. The delay was granted and the
writ issued The writ served on the Deputy snper
tendent the Philadelphia County Prison who entirely
ignored IL, paying attention TO IT, In consequence OF
this Lieut. Gardner applied TO Judge Blatchiod Tor VIII
Of attachment for contempt against the serltendcnt
and also for precept TO the Marshal OF THIS Dstrlct
for the production OF the body Of Hamilton IN Court
Both Of these applications granted and the writ and
precept about to be served when the Deputy super
ntendent released Brown from prison ana Seht MN on
here the custody OF an officer TO testify On Browns
arrival in this district application made by Lieut.
Gardner to the Court OF Common Pleas i0r writ OF
habeas corpus TO have him Brown brought up and re-
leased from the custody OF the officer who had him IN
cha re the ground that the court which had imprs
oned him for contempt being State court had no JuTs
dctiOn. The writ granted, and Brown brought
up and discharged on the gronnd claimed by coulseI
Brown in ught before ihe Commissioner, in pur
OF OEder by Judge cbiOrd for the purpose
oi giving ms testllnOhy as 10 'ie l@clS oi nc ch'
listment, which testimony is 10 be submitted 10
Judge BlatchfOrd who Is now az Newport.
In the examination before the Commissioner Hamilton
called and testified: Am how 10 years Of age, ana
resided until the time Of my arrest, with my MoLer III
PMadelphia; do not remember eIlsting IA the amy
arrested the 20 OF August as an the charge O
desertion the name William l.. Hamilton on the enlist
ment papers was not signed by me- never saw Soi
Parke, Capt Brown Sergeant Bigelow before to-day
was examined by Surgeon McNiel my mother did
NOT go 10 the recruiting rehuSIYous on we ~. II nP
last. the day which IL is claned enlisted; know
Capt Andrew NJ Brown, cath U. s. Infantry testified
Since March last have been detailed for recruiting ser
enlistment bnt preferred charges against Hamilton on
the Of last August for desertion from testimony de-
Col John b. Parke United States Infantry, testi
fed: Was attached TO Capt Browns ofhce recognize
Hamilton as the who enlisted ON the 1st OF April
last: saw him undergoing surgical examination in the
Doctors ONCE recognize the enlistment papers here as
the usual oaths TO Hamilton required by law.
Sergeant Bigelow of the General Service testified Made
the entry OF the enlistment Of HanlOn III the proper
book day or two after the enlistment
All the testimony taken will be sent 10 Judge Batcford
and is expected that he will soon decide the case
Lieut.. Asa Bird Gardner for the Government; David
McAdam for petitioner, Hamilton.
ALLEGED FRAUD on THE REVENUE.
United States agt Michael T. Ryan and Simon H. stern
This case, previously reported, came up, Dur-
suant adjournment The defendants are charged With
derauding the Revenue by surreptitiousy dposlng OF
10 barrels OF highwDes, while III bond IL seems nom
the evidence that the liquor sent by Mr. Milgan,
from Decatur, ILL.,. consigned 20 Messrs Brownell Co.,
of this city, that previous TO its being sent Mgan gave
bond for the pay of the tax upon W that fts
rival here the Messrs. Brownell made arrangement
with defendant Ryan, who keeps bonded warehouse 10
take the hquOr and find purchaser FOR it, that Ryan
stead OF having the liquor brought 90 his bsnc,d
house. sold il from the freghthouse Of tie Erie Railroad
Company TO the other defendant ster free whisky,
at SO cents per gallon.
Counsel for defendants moved the dismissal OF the
plant the discharge OF the dee dauts the ground
that otcnse had been committed against the United
states liquor had not legitlntcly passed out of
the custody Of Mgan into the custody OF the United
States the bond given by Mgan being simply To insure
the payment OF the and the lqnOr being subject 10
control Of Mligan iL having never came into
the custody collector Of this district the bond Of
Migan been Cancelled
Commissioner took the question under advsement,
rcserylng his decision.