American and British Claims ArbitrationU.S. Government Printing Office, 1913 |
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7th Infantry accident acquittal Acting Secretary Adjutant appended and marked arrest attempting to escape authority belt Brady Cadenhead party call halt charge Chippewa County claim commanding Company court-martial criminal CROSS EXAMINATION Department DIRECT EXAMINATION discharge duly sworn entrance escaping prisoner EXHIBIT fact feet Fort Brady gate guard cartridge guard duty habeas corpus heard homicide Judge Advocate July 22 jurisdiction jury killed Miss killing of Miss know the accused Majesty's Government Manual of Guard map hereto appended Michigan military Miss Cadenhead Miss Elizabeth Cadenhead Morgan notice officer person petitioners Post prevent the escape Private Cyrus Gillette Private Gillette prosecution Questions rifle running Sault Sault Ste second shot Secretary of War sentinel sentry Sergeant shell shooting shot was fired Showing witness map side sidewalk soldier South Street Summit Street sworn and testified testified as follows trees turned United States Army vicinity walk wound Yes sir
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Стр. 142 - The United States is a government with authority extending over the whole territory of the Union, acting upon the States and upon the people of the States. While it is limited in the number of its powers, so far as its sovereignty extends it is supreme. No State government can exclude it from the exercise of any authority conferred upon it by the Constitution, obstruct its authorized officers against its will, or withhold from it, for a moment, the cognizance of any subject which that instrument...
Стр. 143 - It is not necessary, nor is it usual, to say that he shall not be punished for obeying this order. His security is implied in the order itself. It is no unusual thing for an act of Congress to imply without expressing this very exemption from State control.
Стр. 9 - There shall be a firm and universal peace between His Britannic Majesty and the United States, and between their respective countries, territories, cities, towns and people, of every degree, without exception of places or persons.
Стр. 155 - 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: RC DRUM, Adjutant General.
Стр. 161 - 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.
Стр. 148 - If every subordinate officer and soldier were at liberty to question the legality of the orders of the commander, and obey them or not, as they may consider them valid or invalid, the camp would be turned into a debating school, where the precious moment for action would be wasted in wordy conflicts between the advocates of conflicting opinions.
Стр. 113 - 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.
Стр. 52 - Co. , Infantry, a witness for the prosecution, was duly sworn, and testified as follows: DIRECT EXAMINATION: Questions by the judge -advocate: 2 Q.
Стр. 148 - An army is not a deliberative body. It is the executive arm. Its law is that of obedience. No question can be left open as to the right to command in the officer, or the duty of obedience in the soldier.
Стр. 116 - 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.