District Court, D. Nebraska November 11, 1904 (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