=241.= An officer ordering a soldier into confinement will send, as soon as practicable, a written statement, signed by himself, to the commander of the guard, setting forth the name, company, and regiment of such soldier, and a brief statement of the alleged offense. It is a sufficient statement of the offense to give the number and article of war under which the soldier is charged.
=242.= A prisoner, after his first day of confinement, and until his sentence has been duly promulgated, is considered as held in confinement by the commanding officer. After due promulgation of his sentence, the prisoner is held in confinement by authority of the officer who reviews the proceedings of the court awarding sentence.
The commander of the guard will state in his report, in the proper place, the name of the officer by whom the prisoner was originally confined.
=243.= Enlisted men against whom charges have been preferred will be designated as "awaiting trial"; enlisted men who have been tried will, prior to the promulgation of the result be designated as "awaiting result of trial"; enlisted men serving sentences of confinement not involving dishonorable discharge will be designated as "garrison prisoners." Persons sentenced to dismissal or dishonorable discharge and to terms of confinement at military posts or elsewhere will be designated as "general prisoners." (=A. R. 928.=)
=244.= The sentences of prisoners will be read to them when the order promulgating the same is received. The officer of the guard, or the officer of the day if there be no officer of the guard, will read them unless the commanding officer shall direct otherwise.
=245.= When the date for the commencement of a term of confinement imposed by sentence of a court-martial is not expressly fixed by sentence, the term of confinement begins on the date of the order promulgating it. The sentence is continuous until the term expires, except when the person sentenced is absent without authority. (=A. R.
969.=)
=246.= When soldiers awaiting trial or the result of trial, or undergoing sentence commit offenses for which they are tried, the second sentence will be executed upon the expiration of the first.
=247.= Prisoners awaiting trial by, or undergoing sentence of, a general court-martial and those confined for serious offenses will be kept apart, when practicable, from those confined by sentence of an inferior court or for minor offenses. Enlisted men in confinement for minor offenses, or awaiting trial or the result of trial for the same, will ordinarily be sent to work under charge of unarmed overseers instead of armed sentinels and will be required to attend drills unless the commanding officer shall direct otherwise.
=248.= Prisoners, other than general prisoners, will be furnished with food from their respective companies or from the organizations to which they may be temporarily attached.
The food of prisoners will, when practicable, be sent to their places of confinement, but post commanders may arrange to send the prisoners, under proper guard, to their messes for meals.
When there is no special mess for general prisoners, they will be attached for rations to companies.
Enlisted men bringing meals for the prisoners will not be allowed to enter the prison room. (See Par. 289.)
=249.= With the exception of those specially designated by the commanding officer, no prisoners will be allowed to leave the guardhouse unless under charge of a sentinel and pa.s.sed by an officer or noncommissioned officer of the guard. The commanding officer may authorize certain garrison prisoners and paroled general prisoners to leave the guardhouse, not under the charge of a sentinel, for the purpose of working outside under such surveillance and restrictions as he may impose.
=250.= Prisoners reporting themselves sick at sick call, or at the time designated by the commanding officer, will be sent to the hospital under charge of proper guard, with a sick report kept for the purpose. The recommendation of the surgeon will be entered in the guard report.
=251.= The security of sick prisoners in the hospital devolves upon the post surgeon, who will, if necessary, apply to the post commander for a guard.
=252.= Prisoners will be paraded with the guard only when directed by the commanding officer or the officer of the day.
=253.= A prisoner under charge of a sentinel will not salute an officer.
=254.= All serviceable clothing which belongs to a prisoner, and his blankets, will accompany him to the post designated for his confinement, and will be fully itemized on the clothing list sent to that post. The guard in charge of the prisoner during transfer will be furnished with a duplicate of this list, and will be held responsible for the delivery of all articles itemized therein with the prisoner.
At least one serviceable woolen blanket will be sent with every such prisoner so transferred. (=A. R. 939.=)
=255.= When mattresses are not supplied, each prisoner in the guardhouse will be allowed a bed sack and 30 pounds of straw per month for bedding. So far as practicable iron bunks will be furnished to all prisoners in post guardhouses and prison rooms. (=A. R. 1084.=)
If the number of prisoners, including general prisoners, confined at a post justifies it, the commanding officer will detail a commissioned officer as "officer in charge of prisoners". At posts where the average number of prisoners continually in confinement is less than 12, the detail of an officer in charge of prisoners will not be made.
=Section 16. Guarding Prisoners.=
=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 pa.s.sed 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 pa.s.s 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.= If 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 ent.i.tled 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_.