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The Daily Dispatch: September 5, 1863., [Electronic resource], The United States and Mexico. (search)
, Judge Halyburton rendered his decision in the case of T. H. Ellett, praying to be released from military service in Capt. Hayward's company. He briefly reviewed the testimony which had been offered for and against the petitioner, and finally concluded by ordering his discharge. Ellett 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, whfter 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 service. He was infogs, 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 ri