Sent to the Castle.
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Thomas H. S. Boyd, now confined in Castle Thunder on the charge of deserting the 1st Louisiana regiment in February, 1862, was before
Judge Halyburton on a writ of
habeas corpus. In April, after deserting,
Boyd was commissioned by
Governor Letcher as a Lieutenant in the 2d brigade, 4th division
Virginia militia, and went into service; but when the militia was turned over the
Confederacy Boyd's company was merged with another, and he was thrown out of service.
His counsel took the ground that he was illegally detained, as he was a commissioned officer, and, by the articles of war, could not be arrested and held as a private.
The Government attorney argued that
Boyd was a deserter when commissioned, and consequently could not legally hold the position of an officer.
The
Judge declined to set the prisoner free, but remanded him to military authority, to be tried for desertion.