The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-05-28
CROSBY AND WARD RELEASED.
HABEAs CORPUS PROCEEDINGS
WON THEM THEIR LIBERTY.


lease Her BOy-JudGe FerriH De-
cided His Court Had Jurisdiction,
and the Boys Being Improperly
Enlisted, He Ordered Their Re-
lease.
There are now two free youngsters in
Savannah who twenty-four hours ago had
no idea what fate awaited them at the
hands of a court martial. before which
they would have been charged with de-
sertion from the United States army
They acquired their freedom through a
habeas corpus application filed in the
Court Of Ordinary after having been ar
rested here as deserters from the Second
Regiment Georgia Infantry, United States
Volunteers.
The first application was made by John
Crosby'e parents. and an account Of 1t
was given in the Morning News at the
time of his arrest Henry Crosby and Mrs.
Georgia A. Crosby alleged that their son
was illegally detained by Chief of Police
McDermott. saying that ne had been en-
listed in the volunteer army though I'M
der eighteen years of age and against the
protest of his parents.
Hon. Pope Barrow appeared before the
ordinary at o'clock to represent the gov
ernments side OF the case, while Messrs.
Twiggs and Oliver appeared for the plain
tiffs Mr.. Barrow filed an answer stating
that Chief McDermott was not holding
Crosby for any offense against the Ordl-
nances of the city of Savannah or against
the laws of the state but as a deserter
from the United States army, and that as
a soldier he was held subject to the order
of Capt Chas. ]. Bailey, who is now in
command of Camp Graham at Tybee. The
facts in the answer were admitted by the
attorneys for the plaintiffs
According TO the story told by Mr.. and
Mrs Crosby on the witness stand when
the mother learned that her boy had en-
rolled with Company c, of the Guards she
went to Capt. J. Ferris Cam, commanding
that company, the day before 1t left for
Griffin, and told him her boy was only six
teen years old, and that she objected most
strenuously to his enisting in the army
She said Capt Cam promised her that her
son would not be taken, and told her to
send the boys father to the armory for
him the next morning.
His father, who is an engineer on the
morning and went to the armory with his
son. He states that he saw Capt. Cam and
told HIM he had come; that his boy was
only 16 years old, in delicate health ard
ttat lie wanted to get him out of 1t. He
said Capt. Cam replied 10 him that he was
too late then and when he pressed the
matter told him to go away as he did not
have time TO talk to him. His son, he says,
was then put in the ranks and though he
was prompted 10 drag him out, he did not
do so for fear of the law. Mr.. Barrow had
the police docket for September 1897 pro-
duced showing that young Crosby had been
arrested in that month charged with the
larceny of some copper wire. When ar
rested on that occasion he stated at the
barracks that he was then IS years old.
Fills mother, however, asserted most posi-
lively that he was born in November, 1881.
and that he was only 16 Years old.
Several telegram In connection with the
case were produced in court. One of them
was from Col. Garrard expressing a de-
sire to have the government represented
at the hearing and stating that Crosby
would be court martialed on several
charges. Another was from Capt. Bailey
at Tybee to the chief of police asking him
TO turn the two deserters over to him, say
Ing they would be sent to Fort Mcpherson
barracks at Atlanta to-day But neither
Crosby nor Ward will go to Fort McPher-
son.
Capt. Gillette was one of the witnesses
called for the government and testified as
to some technical points. The argument
OF the case was then taken up first by
Mr.. F. NJ, oliver, representing the plain
tiffs. Mr.. oliver cited several cases in
point from the records of the United
States courts going to show that parties
enlisting under age and against the con-
sent of parents were improperly enlisted
and should be discharged All of these
cases were in the United States courts
and Mr. Barrow admitted them without
argument The sections of the army reg
ulations with regard to age were also
read and introduced. The special act with
regard TO volunteers showing the ages to
be Is to As was referred to.
Mr. Barrow in his argument simply de-
MED the jurisdiction of the court and
brought forward a strong decision Of the
United States Supreme Court on that line
in the case of Edward Tarble who de-
serted from the army after enlsting and
in whose case q habeas corpus proceeding
was instituted on the ground that he was
under age and had enlisted against his
parents consent. The purport of this de-
cision was that this was a matter eXclu-
slvely for the jurisdiction of the United
States courts, and that state courts had
no jurisdiction in such matters, any more
than they would have In the case of a
criminal who violated United States law
Judge ii. ID. ID. TWlggS, In concluding,
quoted a decision of the Supreme Court |
OF Georgia, which seemed to recognize the |
jurisdiction of state courts in Just such |
matters and it stated distinctly that state |
courts had jurisdiction in matters involv- |
ing personal liberty, and things of that |
kind, except where the United States law |
referring TO the matter specially denied |
such jurisdiction by giving exclusive jul |
risdiction 10 the Federal courts. Judge |
Twiggs said the evidence showed that |
Crosby was sixteen years old, and that |
he had been carried off against the con-
sent of his parents, who were denied the |
right TO retain him, even before he had |
been enlisted in the army
Judge Ferrlll then decided that the Court |
of Ordinary had jurisdiction in the case |
and rendered the following decision:
Georgia, Chatham County, Court of Or |
binary, May Term, 1S9S.--In Re. John Cros- |
by, Habeas Corpus:
| decide that the state courts have juris- |
dction with the United States Courts. The |
laws of the United States impose |
the duty of military service on all male |
citizens of the age Of is and As. A minor |
of Is years and over may legally enlist in |
the military service without the consent |
of his parents, because the duty to the |