The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-06-12
CROSBY AGAIN IN THE TOLLS.
CHARGED WITH LARCENY OF Gov
EMINENT PROPERTY.


Alleged Deserter From the Guards
Arrested and Carried to Tybee.
Steps Taken by Capt. Bailey on an
Order From the Department Conn
mander-Edward Ward, the Other
Deserter, Not Arrested-The Cases
May Go Now Into the United States
Court.
John Crosby, the boy who was charged
with desertion from the Savannah Volun-
teer Guards at Tampa, and who was re-
leased from custody by order Of Judge
Ferril of the Court of Ordinary on ha-
beas corpus proceedings, is again in the
tolls of the government, and this time
may have more trouble in securing his
release than before.
After the Court of Ordinary had releas-
ed Crosby and Edward Ward, another of
the deserters from the Guards, upon the
showing being made that they were under
Is years old. Capt. Bailey, who is In COM
mand of the government reservation at
Tybee, consulted Hon. Pope Barrow, who
represented the government in the case
to determine whether they could be ar
rested again. Mr.. Barrow stated that in
his opinion they undoubtedly could be ar
rested by the government authorities, and
the case taken into the United States
courts.
The arrest of the boys was not made
at that time, and it seems that the matter
was referred to higher authorities in the
war and Justice departments The result
was the receipt of an order from the
commander of the department of the Gulf
directing Capt. Bailey to make the ar
rests. 1t was first thought that squad
of men would be sent up from Tybee to
make the arrests, but this plan was not
pursued The chief of police could hardly
be called on to arrest the men on the
charge of desertion, in view of the fact
that he did so once and the state court
| decided against him. Had he arrested
them again on that charge, he might have
been ruled for contempt.
Then the United States deputy marshal
was sought but he was out of the city
on business. Then it was that a charge
of larceny of government property was
preferred against Crosby, and Whrough
the police he was arrested yesterday after
noon. The arrest was made by Policeman
Shea, and Crosby was turned over to a
| representative from Capt. Bailey, who
carried him to Tybee last night.
The charge of larceny against Crosby
grows out of his desertion. The allega-
ton is that when he left Tampa he took
with him some of the government proper
| ty, such as clothing issued to the men.
The details of the matter were not given
to the police department, simply the
charge of larceny being preferred.
Wards father hearing of the arrest of
| Crosby went to the police barracks and
| asked IL his son was wanted also. lie
was told that no word to that effect had
been received from Capt. Bailey the re-
| quest being merely to arrest Crosby. So
| Ward is still free, and just what will be
done In his case. Is not yet apparent.
At the time the case was disposed of
in the Court of Ordinary 1t was not be-
| lieved it would be dropped there. Judge
Ferrill held that he had jurisdiction In
men to be under age, he discharged them
both upon the application of their parents
for habeas corpus. Mr.. Barrow, who APP
| peared for the government, contested
strongly the ground of jurisdiction, refer
ring to the case of Edward Tarbell in
| which the United States Supreme Court
decided that state courts had no jurisdic-
ton in such cases. 1t was on that ground
that Mr.. Barrow thought the government
authorities could take the matter up again
/ without any trouble and carry 1t before
| the United States courts