299. The sentinel at the post of the guard has charge of the
prisoners except when they have been turned over to the prisoner
guard or overseers. (Pars. 247 and 300 to 304.)
(a) He will allow none to escape.
(b) He will allow none to cross his post leaving the guardhouse
except when passed by an officer or noncommissioned officer of
the guard.
(c) He will allow no one to communicate with prisoners without
permission from proper authority.
(d) He will promptly report to the corporal of the guard any
suspicious noise made by the prisoners.
(e) He will be prepared to tell, whenever asked, how many prisoners
are in the guardhouse and how many are out at work or elsewhere.
Whenever prisoners are brought to his post returning from work
or elsewhere, he will halt them and call the corporal of the
guard, notifying him of the number of prisoners returning. Thus:
"Corporal of the guard, (so many). Prisoners."
He will not allow prisoners to pass into the guardhouse until
the corporal of the guard has responded to the call and ordered
him to do so.
300. Whenever practicable, special guards will be detailed for
the particular duty of guarding working parties composed of such
prisoners as can not be placed under overseers. (Par. 247.)
301. The prisoner guard and overseers will be commanded by the
police officer; if there be no police officer, then by the officer
of the day.
302. The provost sergeant is sergeant of the prisoner guard and
overseers, and as such receives orders from the commanding officer
and the commander of the prisoner guard only.
303. Details for prisoner guard are marched to the guardhouse and
mounted by being inspected by the commander of the main guard,
who determines whether all of the men are in proper condition
to perform their duties and whether their arms and equipments
are in proper condition, and rejects any men found unfit.
304. When prisoners have been turned over to the prisoner guard
or overseers, such guards or overseers are responsible for them
under their commander, and all responsibility and control of the
main guard ceases until they are returned to the main guard.
(Par. 306.)
305. It a prisoner attempts to escape, the sentinel will call
"Halt." If he fails to halt when the sentinel has once repeated
his call, and if there be no other possible means of preventing
his escape, the sentinel will fire upon him.
The following will more fully explain the important duties of
a sentinel in this connection:
(Circular.) WAR DEPARTMENT.
ADJUTANT GENERAL'S OFFICE,
_Washington,_November_1,_1887._
By direction of the Secretary of War, the following is published
for the information of the Army:
UNITED STATES CIRCUIT COURT, EASTERN DISTRICT OF MICHIGAN, AUGUST
1, 1887.
THE UNITED STATES V. JAMES CLARK.
The circuit court has jurisdiction of a homicide committed by
one soldier upon another within a military reservation of the
United States.
If a homicide be committed by a military guard without malice
and in the performance of his supposed duty as a soldier, such
homicide is excusable, unless it was manifestly beyond the scope
of his authority or was such that a man of ordinary sense and
understanding would know that it was illegal.
It seems that the sergeant of the guard has a right to shoot a
military convict if there be no other possible means of preventing
his escape.
The common-law distinction between felonies and misdemeanors has
no application to military offenses.
While the finding of a court of inquiry acquitting the prisoner
of all blame is not a legal bar to a prosecution, it is entitled
to weight as an expression of the views of the military court
of the necessity of using a musket to prevent the escape of the
deceased.
* * * * *
By order of the Secretary of War:
R. C. DRUM, _Adjutant_General._
The following is taken from Circular No. 3, of 1883, from
Headquarters Department of the Columbia:
VANCOUVER BARRACKS, W. T., _April_20,_1883_.
To the ASSISTANT 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 indorsement.]
OFFICE JUDGE ADVOCATE,
MILITARY DIVISION OF THE PACIFIC,
_May_11,_1883._
Respectfully returned to the assistant 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 indorsement.]
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,
_Assistant_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 care properly and satisfactorily
perform the designated work.