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 and
Aylett 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.
Adolph Bentel 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.
