United States vs. Porter
395
village of Manlius, Onandago County, and came to Syracuse and enlisted in said company, and when your petitioner found it out he tried to get him discharged, and tried to get him to return home.
Your petitioner further says that at the time his said son enlisted he was only of the age of about 17 years, and will not be 18 until 12th day of April, 1862, being born in 1848.
And your petitioner further represents that his said son is now anxious to return, and your petitioner is desirous of having him discharged from said Company and Regiment.
Petition for the writ of Habeas Corpus.
To the Honorable Wm. M. Merrick, Judge of the Circuit Court of the D. C.:
Your petitioner, John Murphy, father of James Murphy, respectfully represents that his son James enlisted into the service of the United States, in the State of New York, on or about the month of May, 1861, without the knowledge or consent of his said father; that the said James Murphy is under the age of 18 years, and that he is now in the custody of the Provost-Marshal in said military service contrary to law.
Your said petitioner therefore prays that your Honor award to him a writ of
habeas corpus directed to the said Provost-marshal, or such other person in the District of Columbia as has the said James Murphy in his custody, requiring him to bring the body of the said Murphy before your Honor to inquire into the cause of his detention, and grant such relief to your said petitioner as may be lawful and just.
D.D. Foley,
Attorney for Petitioner.
On the back of the petition was written the following: "Let the writ issue as prayed, returnable before me at the City Hall immediately.
Wm. M. Merrick, A. J.
October 19, 1861.
Letter of Judge Wm. M. Merrick.
On Saturday, the 19th of October, 1861, Mr. Foley, a lawyer of this city, called upon me with a petition supported by affidavit in proper form, praying for a writ of habeas corpus
