The Pensacola journal., 1917-08-25
Judge Sheppard, Amounting
Decision, Dismissed Writ
of Habeas Corpus.
LOCALLY FAMOUS
CASE is ENDED
Fine Points of Law Brought
Into Proceedings by ,
Both Sides. |

Orders were issued by Judge N[s
liam Is. Sheppard in the federal colt
Yesterday dismissing the WritSf
habeas corpus which had been fiji
against Captain James I. Phillips, fc
the release of James +. and Millar
Hurd from service in Company |.
The decision of the court brings d
an end one of the most interestine
cases which has been filed here IN
some time, and one which attracted
much attention. The proceedings
were instituted several weeks ago
upon petition of the fathers of the
two young men, and Captain Phillips
was cited to appear before the court
and show cause why they should lot
be dismissed. from service.
In the evidence brought out in he
case two points were involved cch
centering around claims bv the pti.
TONERS that, first, the boys were M
der eighteen years OF are, and cold
not be enlisted without the conaentOf
their parents, and second, that wen
they were enlisted both were too in.
toXicated to know what they veEe
doing
Considerable testimony was ta'p7,
the defense seeking to prove that!"e
boys were over eighteen years Of ac,
and were sober when enlisted. -
two contentious, and theroL,' ts's
the release of the boys. eLe-'
AS to the age of the ,o,,,-
the mother of one of the t,roo kaW2 keaI3
testified that her son was H,,onteen
years old, and that the other. Who l.
her nephew is a few months You, Ger
Other relatives could not give enact
dates but corroborated these stae.
ments. and testified to the condition
of the young men when they en-.
listed.
In rebutting this testimony, tie
government introduced statementsby
disinterested neighbors, who bv cez-
parison with the ages of their Owl
children fixed the ages Of the young
men at twenty years. Further proof
Of this fact was introduced in the
evidence taken in the divorce proceed
ings Of Charles Hurd. VS. Martha
Hurd. in February, 1911, in which the
father stated that his son was going
on thirteen" Dr Phillips. the cN-
amininE physician for Company 7
testified that when he examined the
boys after enlistment they were
| sober
On the consideration Of this evi,
denCe. and the reference to other
similar cases, Judge Sheppard yester-
day issued the following order for
| the case of MilIard Hurd, and an
identical one in the case of James
F. Hurd:
The Courts Order.
This cause coming on to be heard
this day upon the petition of William
Hurd for a writ Of habeas corpus to
| bring the body of Millard NJ. Hurd
| before the court and to inquire into
| the cause of detention of the said
Millard NJ. Hurd, ard now upon CON
| sideration Of the proofs in support oil
the grounds laid out in the petition
and upon consideration thereof it Is
Ordered and Adjudged that the
writ Of habeas corpus issued in the
| said cause be and the same is hereby
! dismissed and the custody Of the said
Millard NJ Hurd be and the same is
! hereby remanded to James +. Phil
lips, as Captain, Company I, First
| Florida Infantry. National Guard
| United States Army.
Done and ordered this the oath day
of August, A. D., 1917.
| (Signed) WILLIAM B. SHEPPARD,
Judge
Assistant United States Distric-
Attorney Earl Hoffman defended
Captain Phillips in the action. while
the petitioners were represented b.
| R. Pope Reese.