39 Ala. 560 (Ala. 1865), Ex parte Hunter

Citation:39 Ala. 560
Opinion Judge:STONE, J.
Court:Supreme Court of Alabama

Page 560

39 Ala. 560 (Ala. 1865)


Supreme Court of Alabama

January Term, 1865


The refusal of a circuit judge to grant a continuance on a hearing before him on a writ of habeas corpus is not revisable in this state.

IN the matter of the petition of Robert S. M. Hunter for the writ of habeas corpus, by which he sought to procure his discharge from the custody of James P. Davis, sergeant of the provost-guard at Talladega. The petition was sworn to on the 8th February, 1865, and averred that the petitioner was a native of the State of Georgia, and a resident citizen of Randolph county, Alabama; that he was duly discharged from the military service of the Confederate States, having furnished a substitute who was accepted in his stead; that he was elected a member of the commissioners' court of said county, on the first Monday in August, 1864, and became thereby exempted from military service; and that said Davis claimed to hold him in custody for an alleged ""violation of some military law." In his return to the writ, said Davis stated, that he held the petitioner in custody, "as a military prisoner," under the following charges and specifications: "1st, that the said Captain Robert S. M. Hunter, of the first regiment of Alabama cavalry, General Sherman's army of the United States, did, on or about the 13th day of November, 1864, cross the lines of the enemy, into the lines of the Confederate States army, in citizen's apparel, for the purpose of destroying the telegraphic communication of the Confederate States army, and carry information thereof to the commander of the United States forces at Rome, Georgia; and, 2d, that the said Capt. Robert S. M. Hunter was found hiding out, lurking around, within the lines of the Confederate States army, at or near Wedowee, Randolph county, Alabama, on or about the 16th November, 1864." The case was heard before the Hon. JOHN T. HEFLIN, judge of the 10th judicial circuit, on the 8th February, 1865. The transcript of the proceedings had on the hearing, as certified by the presiding judge, states that the defendant, "in his return to the writ, having shown that he is a military officer in the service of the Confederate States, and that he holds the said Hunter as a military prisoner, charged with being a spy in the service of the United States government; and the petitioner controverted the return to the writ,--the...

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