290 MANUAL FOR NONCOMMISSIONED OFFICERS. 



the main guard, who determines whether all of the men are in 

 proper condition to perform tlieir 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. If a prisoner attempts to escape, the sentinel will call 

 " Halt." If he fails to halt when the sentinel has once re- 

 peated his call, and if there be no other possible means of pre- 

 venting 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, Novemher 1, 1S87. 

 By direction of the Secretary of War, the following is pub- 

 lished for the information of the Army: 



United States Circuit Court, Eastern District of Michigan, 

 August 1, 1887. 



the united states v. james claek. 



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 homi- 

 cide is excusable, unless it was manifestly beyond the scope of his 

 authority or was such that a man of ordinary sense and understand- 

 ing 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. 



« • * « * 



