cape 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 pr
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