--Before Judge Lyons
yesterday the writ of habeas cor pus
sued out in behalf of N. Tinsley Pate
, who prays to be relieved from militia duty in company E, Capt. Wm. A. Jenkins
, 19th Va. Militia, Col. Thomas J. Evans
, on the ground of his being a regularly enrolled conscript, was taken up and partially disposed of. The counsel for the party interested, Hon. P. H. Aylett
, read certain papers, which tended to prove that Mr. Pate
is a soldier in the Confederate
service, but has been detailed to oversee the proper management of the cement works in Rockbridge county, Va.
, of which he is the sole lessee and agent.
Such being the case, it was contended that his exemption was at any time liable to be revoked, which would thereby throw him into the field as a conscript, and as such it was not tenable to consider him in the State
The examination of witnesses and argument of Mr. Aylett
occupied the time of the Court
till half-past 7 o'clock in the afternoon, at which hour the Judge
adjourned further proceedings till ten o'clock this morning.
Attorney General J. R. Tucker
conducts the side of the prosecution, and will wind up the matter in the course of the day.