Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-07-26
IN ADVENTUROUS CAREER.
The Alleged =" Marine


Thi> morning, the case OF Henry 4. Fernald
who seeks his freedom, he being held for service
n the Marine Corps. was resumed before judge
Humphreys; Gen = =. Henkle appearing for
the petitioner, and Major HaycOck for the re-
Tine Corps.
same name enlisted az the time stated-0ct0ber
1SG4-but denied that the petitioner was the man
Capt. Frank Monroe testified that to the best
listed 81 the barracks.
VT, CEaS. &. Calian testified that he had known
lrutoner as Capt. III. A. Fernald; was intro
Suced 70 him in the winter Of 1s64-5, when he
had a portion of the marine uniform on. He
~ that time was seeking his discharge from the
corps, so that he could enlist in Gen. IIancOeks
IoIFs. lie called at his Office several times
within the last quarter, and on one OF two
occasions told him not 20 say anything about his
tF.'sl having been in the Marine Corps.
bajor HaycOck said that when the prisoner
Nas brought before him he examined him. with
the descriptive list. and found that with the eJ<-
gePtiOn Of perhaps the height he answf, ed IL
In regard to the deSeTtiOn at PenSacolc. he hal
nothing 10 offer except transei-pt from the
hooks.
Major Haycook was placed on the stand and
carefully examined the Petitioner BY the de-
sGTiVtive list
Gen. Hinkle submitted the point thai The term
Of -eTFi,e having expired, the petitioner could
not now be held, and he PROCEEDED tO state thar
slN wears have elapsed since the alleged deSer-
ton ana tour Gears since tie expiration OF his
term. lie read from HsTwOOd Ou Naval Courts
Martial, pages Is and 10. that the prosecution
must D. CONNIE need before the term of enlist
hftHt expires, and that courts martial have no
jurisdiction after the term of enlistment has
expired He claimed that the law of ISt2 which
authorized punishment by c0grts-martiaI Il. I
not apply 10 the Marine Corps bat To the ar .
lie at~O read from section los ct the Naval 7 =
HiatlOES, that no one can he arraigned d Z. n,
cosIrts- martial three years after the terri, of
enlistment, unlcSs he i charged with . ne
ofenSe and prevented trial by alSSenting him Elf
AMI referring 90 the government hsving led
that regulation
ENTITLED TO HIS DISCHARGE.
lie also claimed that il would be hardship
after the close OF the war had all the volunteers
been held for their full term Of service: and he
claimed that the government having failed TO
Show that up to the close Of the war he had not
meritOriouS conduct won promotion, he was
entitled 10 his freedom.
Major HaycOck argued the case for the goy-
mt. claiming that
MARINES ARE SOLDIERS,
and from the DAYS of Ancient Rome to the
present time the marines are regarded "a a
IaVoTite branch OF the service. He Also read
from number OF laws bearing on this point
Judge Humphrey, after reviewing the argu-
mehtS made and the testimony given, said it
appeared that the petitioner owed service 10 the
government, and ne therefore would remand
the prisoner TO the custody OF the commanding
officer of the marine corps.
AN ENENTFUL CAREER
~ = stated that this man, Henry \. Fcrnald,
enlisted IN the sd Massachusetts volunteers
III OttobtIs lSt~f- resigned The service. al
teging physical disability; that he soon after
wards enlisted into the navy as q sound and
healthy man. passed a medical examination as
sound man, and entered upon duty; that in
June, lSt5, he deserted from the navy at Pensa-
cola Florida, and secreJed himself, and re-
manned a fugitive from Justice until the spring
or lStl, when he turned up a. a witness in the
faTnsWOT;h matter before the House OF Repre-
sentativeS; that at that time he had reason TO he
ileye that his history was about to be unearthed
and left very suddenly for parts unknown.
reward was Immediately offered for his appre-
hension, and through the vigilance of certain
OmceTs he was arrested in Wisconsin and
brought TO this city. Immediately upon his
confinement certain influences were brought
10 bear TO effect his release and after
question a 10 his identity, and earnest efforts
OF counsel 10 effect his release by the naval au-
thOritles- without effect. he was brought before
Judge Humphreys upon a writ OF habeas cor
p'ls IL i further alleged that Fernald, in 1855
applied 10 the Pension once for a pension for
service in the I'd Massachusetts volunteers
swearing IN his application that ne was dis
charged from the military service for a diSabil-
ity incurred therein, and that he had never
enlisted IN the marine, naval. other service
lie procured certain certificates of disability
and Wa allowed q pension, 70 date from Oct0-
Der. ls'-i. which pension he has drawn rp to
ATIil. ~, when he was suspended upon the
pension rolls