In Re Di Bartolo

RIFKIND, District Judge.

A writ of habeas corpus was sued out on behalf of Anthony Arthur di Bartolo, to inquire into the cause of his detention by the commanding officer of the military prison located on Governors Island, New York. For convenience I shall refer to di Bartolo as the petitioner. The return was made by Col. Thomas L. Crystal, commanding officer of the United States Army, Fort Jay, Governors Island, New York, who averred that he held, the petitioner in custody at Fort Jay by virtue of a sentence of imprisonment pronounced by a general court-martial.

Upon the argument on the return…