The Evening critic., 1882-04-03
SERGEANT MAsoN,s CASE.
a New Point Suggested. But Unror.
tMnnfcIN II NNnn.f LInIh GnnL

Mr.. I. o. l.. Patch, n lawyer OF Liverpool,
Nova Scotia, and who has had considerable
practice before British naval courtsm artlal.
has written letter to Mr.. s. W. Hathaway, of
New York, In which he advances the idea that
sentence by court-martial must be exc.
cuted in strict accord to Its lettor, and that II
the sentence reads, first, discharge from the
army, that part Of 1t must be put In force and
that done the rest fulls. The letter, which is
os follows, was forwarded 70 Colonel Blgolow,
who was Mason's counsel l,eforo the court.
martial
LIVERPOOL, " s., March %, 1892.
Dear Mr. HatcpQy.
Although "cranks OF all descriptions are
objectionable creatures in any community,
and though doubtless Mason deserved to 10
severely punished for his attempt to shoot
Guitcau, yet It seems to me that the sentence
was excessive, and my object In writing 20 YOU
Is TO point out plan df have read tho son.
tencc correctly reported) by which think ho
could be got on all his imprisonment. | must
premise by assuming that the constitution of
military court-martial, and tho laws by
which IL Is governed are, I'm their broad foa.
lures, more or less uniform In all civilized
countries having navy and army, although,
OF course, In minor details they may yary.-If
this be so, and If the text of the sentence which
! have read be correctly reported In the paper,
] see no reason why steps should not be taken
for his release IL deemed advisable. The sen.
tenco rends, "To dlshonorable discharge from
the Army, the loss of all pay and allowances
prlsonment In the penitentlary."
1t is an accepted principle in naval and mil.
itary Jurisprudence that the Imprisonment
must precede the discharge, because immme.
diately the sentence or portion Of the sentence
awarding discharge is pronounced, tho court.
martial has really no further authority over
the prisoner, as he then becomes, ipso Jacto, n
simple citizen. To make my meaning simple
Will render Mason's sentence as nearly as
, possible into the wording 1t would have had IL
pronounced by an English naval or military
court-martial-"T be mulcted,of all pay, prize
money or allowances that might be due to
him; 10 be kept In penal servitude for eight
years, and 10 be dismissed from Her Matesty's
service with disgrace
BY this you VIII SEQ that the culmlnation OF
punishment is in the dismissal.
I have had considerable experience as a
tudgeadvocate at naval court t.martials In the
English service, and TWAS on reading the
sentence as l have transcribed 1t from the
newspaper that led TO the conclusion above;
and although one wouldn't wish to interfere
Win the course of justice, yet when one feels
that Mason only gave effect TO the feelings Of
many millions OF his countrymen, although
an ill.adyised and certainly criminal step to
take, II seems to me that the punishment of
with all Its attendant evils and disgrace, Is al
most, If not quite, ample for the ofrense, and
il by n fluke the eight years imprisonment
can be got over, it will be so many years gain
OF mans service to the commonwealth In an
honorable position instead Of as felon.
OF course, had the shot taken fatal effect, the
result must have been different.
Perhaps you may think II worth while to
convey these views to Masons counsel: that
is, II am right as regards the wording of the
sentence. Very faithfully yours,
L. o. L. PATCH.
General Swaim's Views.
Advocate General Swain says that
the point raised In the above communication
that the sentence Of dismissal from the service
should follow, and not precede the sentence of
imprisonment does not hold good. He says
that the sentence in the case OF Sergeant Ma
son was excessive, but in every other respect
accords fully with the Army regulations and
the practice Of all courtsmartlal.