Manual for Noncommissioned Officers and Privates of Infantry of the Army of the United States, 1917 / To be used by Engineer companies (dismounted) and Coast Artillery companies for Infantry instruction and training

by United States. War Department

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 passed 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 pass 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. 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 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.

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 prisoner guard and overseers placed over prisoners for work will receive specific and explicit instructions covering the required work; they will be held strictly responsible that the prisoners under their care properly and satisfactorily perform the designated work.