--In the Confederate States
District Court yesterday, Judge Halyburton
rendered his decision in the case of T. H. Ellett
, praying to be released from military service in Capt. Hayward
He briefly reviewed the testimony which had been offered for and against the petitioner, and finally concluded by ordering his discharge.
had joined Capt. Hayward
's company with the distinct under standing that it was gotten up for home defence, and was exclusively a State organization.
On the 24th August it appears that a meeting was held, when the vote was taken whether they should go into Col. Brown
's reconnaissance corps, an organization regularly belonging to the Confederate
At that meeting a majority present agreed to do so, and it was afterwards, by the same meeting, made a unanimous vote.
was not present, nor did he know anything of its action.
Some days after a notice appeared in the Dispatch.
calling the company together for meeting and drill, at which E. was present.
The usual roll of the company was called, and he answered to his name.
It was only after the close of this meeting that he was informed of the previous action of the company, when he immediately sought Capt. Hayward
and asked to be discharged therefrom, as he never designed attaching himself to the Confederate
He was informed that he could not be released, and that having attended a drill of the company and answered to his name since they had voted to change the service, he had thereby bound himself with the rest.
A subsequent meeting was held, when Ellett
was present; but, when his name was called, he refused to answer, and even went so far, in proof of his determination not to go with Col. Brown
's regiment, as to try and persuade some others to do likewise.
Several witnesses for the petitioner had positively terrified that he did not answer to his name after it was known that they had changed from their original organization, while no one had given positive evidence that he had done so. Since that time Ellett
had not attended any of the company meetings, and did not consider himself connected in any manner with it. The Judge
considered that as soon as the company of Capt. Hayward
decided to abandon its original organization, any member thereof who did not desire to go with them, had a perfect right to object, and there was no power to hold him. Ellett
had now a substitute in the Confederate army and he was therefore set at liberty.