Page:Federal Reporter, 1st Series, Volume 4.djvu/522

 508 FEDERAL BŒPOETEE. �2. Same— "Absence "— Rev. St. { 13i2.—Eela, further, that the word �"absence " in such article means absence from the jurisdiction ot Uie military courts. �3. Bami>— "Otheb Manipest Ïmfedimeiîts " — Rev. 8t. § 1342. — Beld �further, that the words " other manifest impediments," refencd to iu said article, means only such impediments as operate to preveat llie military court frpm exercising its jurisdiction. �Habeas Corpus. �Hervey Grasse, for petitioner. �A. B. Gardner, for respondent. �Choate, D. J. The petitioner, Thomas Davison, seeks to be discharged on habeas corpus. He has been arreated as a deserter from the army, and is confined at Fort Columbus, Governor's island. It appears by the retum that he enlisted in New York on the twenty-eighth day of July, 18T0, for the term of fire years, and that he deserted, while on furlough, on the fourteenth day of February, 1872; that he was ar- rested as a deserter and brought to Fort Columbus on the twenty-first day of October, 1880, and that the preliminary steps bave been taken by the proper military ofBcers to have him brought before a general court-martial for trial. It ap- pears by the traverse to the return that at the time of the petitioner 's enlistment he wàs of the age of 19 years, 4 months, and 11 days only; that at that time he had a mother living and dependent upon him for support, and that his mother never consented to his enlistment ; that at no time Bince the fourteenth day of February, 1872, has he been absent from the United States, but, on the contrary, has al- ways resided continuously in the city of New York, which is the place where he is alleged to have committed the offence on the twenty -second day of February, 1872, and where he was arrested in October, 1880. Proof of the facts alleged in the traverse has been waived on the part of the respondent, ex- cept that it is insisted that it is not competent for the peti- tioner to show that he was a minor, because he is alleged to have sworn upon his enlistment that he was 21 years of age. �The prisoner's release is claimed on two grounds — First, that at the time of his enlistment he was under the age of 21 ����