The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-07-06
crosby MAY BE TRIED AGAIN.
lkELY TO BE RETURNED FOR
ANOTHER COURTMARTTAL.


r,.1ar FerrilI Dismissed the Petition
- the PIafntiT Yesterday and De-
.,aea That Capt. Bailey Was Not
D.. coutemDt-The Case Different
ION the First One in That He Is
o, In the Custody of United
.t,tes officers Instead of State on
GERS.
rra crosby. the young deserter from
- s.,annah Volunteer Guards. did not
.,.-,seI in getting off this time, as he did
=, .,a d-st instance, when he was brought
,.l.-s the Court of Ordinary.
cr.by's case came before Judge Hamp-
+o, Il. FerHI in the Court of Ordinary
en- Inc second time yesterday. The case
-.7.. no at 10 O'Clock in the morning, Capt
II X. Bailey, who has him an charge at
T,bee. having been directed to release
him or show cause why he should not be
held ia contempt of court
All that hour Henry Crosby, the father
Of the Young man, Judge H. D. D. Twiggs
and llr. F. NJ. Oliver, his attorneys, and
can't. IT. X Bailey, were present in the
corrt of Ordinary. Capt. Bailey filed an
answer in which he stated that John
Crosby is held by authority of the United
STATES as a deserter from the United
States army.
The answer stated that Crosby was en-
listed May 81 for two years. and thai he
deserted on June 80, and remained absent
from his command until July 8, when ne
was arrested in Savannah, and committed
to the respondent commandant of Camp
Graham at Tybee. He had not produced
the body of Crosby, he stated, because he
held him by the authority Of the United
states and the Court Of Ordinary was
without jurisdiction in the premises. Capt
Bailey referred further TO the case OF
Abeman vs. Booth, 21st Howard, sos, and
Tarbe's case, 18th Wallace, S97, as author
tiles for his action, and asked the court to
dismiss The writ.
With regard 10 the contempt p Weddings
Capt Bailey further stated that siis was
new case, in which no writ of Aabeas
corpus had been issued against him. shere-
fore he had violated no order of tbs court
The attorneys for Crosby claimed that
The former order of the court had been
violated in the rearrest of Crosby after
the first habeas corpus petition had been
granted. Judge Twiggs made quite an
argument on The case, speaking especially
of CrOsby's age and citing several points
Of law in connection with the questions at
issue
Judge Ferrill did not render his decision
until o'clock in the afternoon. After
giving be matter careful consideration he
hot 1, IA
that brought before him before, and his
decision was in accordance Herewith. He
dismissed the case against Capt. Bailey
in the following decision: y
in re John Crosby: Habeas Corpus. In
the Court of Ordinary, Chatham County
From the petition itself and the answer to
the rule issued in the above cause, it is
shown to the court that the prisoner is
held by an officer of the United States
under claim ana color of the authority of
the United states as an enlisted soldier
mustered into the service of the national
government, the court is thereby apprised
that the prisoner Is within fthe dominion
ana jurisdiction of another government.
ana this court is without jurisdiction in
the premises.
This case differs from the recent case
OF John Crosby, where the detention was
by the civil authorities of the state of
Georgia
Here the charge is that the party is IL
legally restrained of his liberty by an Of
Hcer OF the United States and under the
decision of the Supreme Court of the Uni
Ted states, Tarbles case, 18th Wallace
PAGE 80, this court is without Jurisdiction
TO discharge the prisoner.
Ine rule is therefore discharged and the
petition dismissed"
ms leaves the matter just where II
s.ood before, altogether in the hands Of
Cdp'' BaLey. In all probability Crosby
WI. now be sent to Tampa at once, there
70 De court martialed again for his de-
s7I'ion' and the chances are that he will
Io- so t-shtly escape the second time, IN
sS9 lAe war department interferes and
discharges him.
-4r' Il NJ Oliver, one of Crosby's attor-
ngys says that an appeal in his behalf
VI W now be made to the Secretary of
t.'i' lie believes that a discharge can
W. secured Tor Crosby through this chan
'' o'o every effort will be made to get It.
'p" -1iIey mas nothing whatever to say
'O'' the case, He has acted simply in
49,. lance with the requirements in such
"-'eIS' ana altogether seems to have had
,S'S peasant time of ii. He remarked
it'9"'aE mat this was the most friendly
7 'l'ou ne had ever been connected with
ui, ~ l3ct The matter was not attended
we least unpleasautness Though ont
re.-,~ly second court martial, if he is
f-'"yV 10 Tampa, may not result so
69-'D'E as did the last one A habitual
ar5 Is not usually dealt with lightly
II u'lsas some arrangements is made
"- 20 somewhat harder with him.