Richmond circuit Court, February 10, 1865.
--In the matter of a petition for a writ of habeas corpus
of William H. Zimmerman
, who seeks a discharge from militia duty in Colonel T. J. Evans
's regiment as an undomiciled foreigner, the Court
, having heard the evidence and arguments in the case, remanded him to custody.
The reasons for this decision the Court
gave as being the fact that this gentleman was a member of a regularly organized company, who had tendered their services to the Governor
, had been accepted, and as no term of service had been specified in the contract, the fact of their being — as they claimed — undomiciled foreigners did not vitiate their contract with the Governor
, and until they were released by him they were liable to do duty in the organization in which their services had been tendered and accepted.
This decision affects the status of a large number of gentlemen in the city — about eighty, we think,--who are members of the Foreign Legion
, and who, under it, will have to continue to do service in this regiment.
An appeal was taken by counsel in the case, and it will be taken up to a higher court if the Court of Appeals will grant the "writ of error." Messrs. Lyons
appeared for the affiants.
Mr. J. Randolph Tucker
represented the Commonwealth
Messrs. James Pearce
, Robert B. Somerville
, Samuel M. Drinker
, Jacob Moebus
, Michael Ganzert
, Charles Lumsden
, Leon Goldsmith
, Edward M. Morgan
and Peyton G. Bayly
, members of Colonel Evans
's regiment, over fifty years of age, appeared in court to-day in pursuance of continuances, and, proving their ages, were discharged.
I. H. Walke
, failing in the proof, was remanded to custody.
and George Lintz
, not having their witnesses in court, their cases were continued until Tuesday and subpœnas issued for witnesses.
A writ was awarded to William H. Turpin
, directed to Captain Seagers
, and made returnable on Monday, the 13th instant.