Commonwealth v. Downes

Shaw C. J.

This was a writ of habeas corpus addressed to John Downes, Esquire, an officer of the United States, and commander of the naval station in this vicinity, to bring in the body of John H. Lord, with the cause of his detention. The writ was issued at the instance of Thomas Phillips, of Lynn, who claims to be the lawful guardian of Lord. The respondent returns, that Lord has shipped as an ordinary seaman in the navy of the United States, and he claims to hold him in that capacity.

Upon this return, and the examination had thereon, it is proved *228that Lord is still a minor, about twenty…