Ex parte Blackington

MORTON, District Judge.

Habeas corpus to secure discharge from the United States Army. The writ issued, and there was a hearing in open court upon the right to discharge. Such evidence as the petitioner desired to offer was heard. At the conclusion of it, the respondent orally suggested that no cause had been shown justifying the petitioner’s release from military service, and moved that the writ be discharged and the petitioner remanded. The motion was heard without requiring the respondent to rest; and the question now is whether, upon the petitioner’s own evidence, he is entitled to the…