In re Beswick

Bacon, Justice.

The facts in this case, established in part by proof, and in part by the concession of the parties, *150are substantially as follows : John D. Beswick was enrolled and mustered into the volunteer service of the United States for two years, as a private in the 26th regiment N. Y. V., at Rome, on the 14th of August, 1861. He then declared his age to be eighteen, and it was so entered on the muster roll, and he took the usual oath on his enrollment. He stated afterwards that he was not eighteen, but had determined to go into the service, and consequently made that declaration. He…