Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-09-15

POINT WHICH IS EMBARRASSING THE AUTHOR
/ TTIES-SHALL GUITEAU BE USED AS WIT
NESS.
The court-martial called Gas stated in The
STAR of yesterday to convene at the Washing
ton barracks to-day will notprobably take upthe
case of Sergeant John A. Mason, vino is charged
with shooting at the assassin Guteau, ON Sum
day last. In MasOn's case, as stated in The
STAR, the charges are preferred by Capt. John
McGilvray, who is the president Of the court
which cOnvenes to-day, and the other members
are all on duty at the barracks. 1t is thought
that the court which will try Mason, if such an
one be convened, will be made up Of officers who
are not connected Immediately with Capt
McGilvray's company, and it is expected that
this court will be convened as soon as the
understood that the defendant will, in the trial,
insist on strict proof as to the shooting, and
there having been no witness as to the act itself
except Guiteau, it becomes an interesting ques-
tion as to how the case will be made out.
GUITEAU THE ONLY WITNESS.
Capt. McGilvray on hearing the report. saw
Mason with his musket in his hand just as if he
had fired it, but did not see the act ITSELF and as
far as known if Guiteau tells the truth he is the
only one who saw the flash. This is doubted by
some who claim that Guiteau told the truth
when the guards hearing the report ran to his
cell, and were told by him that he was lying on
his bed at the time. though he doubtless heard
the crash of the ball through the glass. 1t is
true that Mason informed Capt. McGilvray that
he fired the shot and intended to kill Guiteau.
The law on the subject if found in De Harris
Courts Martial, page 3S2, which says: "COn-
fessiOns are received with caution. voluntary
confession is evidence against the party, al
though une9rroborated, provided the
corpus de Hcti be first proved" 1t will be con-
tended that under this provision that the crime
shall be fully proven. This will necessitate
Guiteau appearing as witness, and it is stated
that the judge advocate generals officer is now
examining the case to determine what course to
pursue.
AT THE ARSENAL TO-DAY.
The court martial to try cases. which have ac-
cumulated at the barracks here during the
past month, the detail for which was printed
the other day, assembled this morning at the
arsenal. The cases under consideration were
those of the regular routine of the army life.
One was the case of a man who had gone to
sleep while on duty at the White House. Ser
geant MasOns case was not taken up nor is it
before the court No orders for his trial have
been issued. Matters of that kind-even taking
it for granted that Mason will be tried by
the military authorities-are not cOnsummated
so quickly. The charges and specifications
against him were only sent to Gen. Hancock the
other day, and in the ordinary course of busi
ness OF this character no court-martal in the
case could have been ordered by this time. The
announcement that such court had been con-
vened was based upon the assumption that the
monthly detail of cOurt-martial to try such
cases as had accumulated would include the case
OF Mason. But such is not the fact. There has
to be separate order for each case from
GEN. HANCOCKs HEADQUARTERS,
and as stated above, no such order has been re-
ceived or issued as far as the military authori-
ties here know. 1t is not thought that any
military trial will be ordered and certainly not
until the civil authorities officially notify the
army officials that they do not intend to move in
the matter. Should the civil branch not attempt
a trial OF Mason the military authorities would
then deal with him as with any other soldier
who had been disObedient to orders. The Off
GERS at the War department have stated all along
that in their opinion there would be no military
trial of Mason