Ex parte Townsend

MUNGER, District Judge.

Under the facts in this case it appears that petitioner, Richard Townsend, enlisted as a soldier in the United States army on May 4,1898, for a term of three years; that he deserted *75said service on the 8th of January, 1899; that he was apprehended and taken in custody by the military authorities on March 4,1904, and tried before a military court-martial duly convened at Ft. Crook, Neb., on the 16th day of June, 1904. Before the court-martial said Townsend pleaded not guilty, and entered the further plea of the statute of limitations provided by the 103d article of war.…