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.
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By command of Maj. Gen. Schofield:
J. C. Kelton,
Assistant Adjutant General.