Part 52 (1/2)

To the a.s.sISTANT ADJUTANT GENERAL, _Department of the Columbia_.

Sir:

A sentinel is placed as guard over prisoners to prevent their escape, and, for this purpose, he is furnished a musket, with ammunition. To prevent escape is his first and most important duty.

I suppose the law to be this: That a sentinel shall not use more force or violence to prevent the escape of a prisoner than is necessary to effect that object, but if the prisoner, after being ordered to halt, continues his flight the sentinel may maim or even kill him, and it is his duty to do so.

A sentinel who allows a prisoner to escape without firing upon him, and firing to hit him, is, in my judgment, guilty of a most serious military offense, for which he should and would be severely punished by a general court-martial.

(Signed) HENRY A. MORROW, _Colonel Twenty-first Infantry, Commanding Post_.

[Third indors.e.m.e.nt.]

OFFICE JUDGE ADVOCATE, MILITARY DIVISION OF THE PACIFIC, _May 11, 1883_.

Respectfully returned to the a.s.sistant adjutant general, Military Division of the Pacific, concurring fully in the views expressed by Col. Morrow. I was not aware that such a view had ever been questioned. That the period is a time of peace does not affect the authority and duty of the sentinel or guard to fire upon the escaping prisoner, if this escape can not otherwise be prevented. He should, of course, attempt to stop the prisoner before firing by ordering him to halt, and will properly warn him by the words ”Halt, or I fire,” or words to such effect.

W. WINTHROP, _Judge Advocate_.

[Fourth indors.e.m.e.nt.]

HEADQUARTERS MILITARY DIVISION OF THE PACIFIC, _May 11, 1883_,

Respectfully returned to the commanding general, Department of the Columbia, approving the opinion of the commanding officer, Twenty-first Infantry, and of the judge advocate of the division, in respect to the duty of and method to be adopted by sentinels in preventing prisoners from escaping.

By command of Maj. Gen. Schofield: J. C. KELTON, _a.s.sistant Adjutant General_.

See also Circular No. 53, A. G. O., December 22, 1900.

=306.= On approaching the post of the sentinel at the guardhouse, a sentinel of the prisoner guard or an overseer in charge of prisoners will halt them and call, ”=No. 1, (so many) prisoners.=” He will not allow them to cross the post of the sentinel until so directed by the corporal of the guard.

=307.= Members of the prisoner guard and overseers placed over prisoners for work will receive specific and explicit instructions covering the required work; they will be held strictly responsible that the prisoners under their charge properly and satisfactorily perform the designated work.

=Section 17. Stable guards.=

STABLE GUARDS.

=308.= Under the head of stable guards will be included guards for cavalry stables, artillery stables and parks, mounted infantry stables, machine-gun organization stables and parks, and quartermaster stables and parks. Where the words ”troop” and ”cavalry”

are used, they will be held to include all of these organizations.

=309.= When troop stable guards are mounted they will guard the stables of the cavalry (see Par. 13). When no stable guards are mounted the stables will be guarded by sentinels posted from the main guard under the control of the officer of the day.

The instructions given for troop stable guard will be observed as far as applicable by the noncommissioned officers and sentinels of the main guard when in charge of the stables.