)

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 es