The Evening critic., 1882-02-23
SERGEANT MASON.
His Trial Progressing To-day
About the sergeant's Quarters.

Tho trial Of Sergeant John A. Mason for
being an inaccurate marksman, In that he
failed 10 bring down ono Charles Jules Guitoau
with his little rife, was resumed at the Ar
senal this morning.
With regard to the quarters occupied by
Mason, about which so much criticism has
been made, the officers Of the Arsenal say that
If one Of their own number had been guilty of
Masous crime no more mercy would have
been shown him. They stntc that he fares the
same as the other soldiers, in so far as food Is
concerned. The guard-house whore the pris-
oncr is confined is the only one within the Ar
senal grounds, and is as good as can be found
at any military post.
This may all be true, but It does not speak
well for the United States Army that because q
man is accused Of a felony he should be locked
up in n dark, dirty, damp and rat-infected
cell, and his health allowed TO be shattered
thereby, a civilian accused of n crime Is pre-.
sumed Ivy law TO be Innocent until proven
guilty. Whether that rule holds good in tho
Army, can, after the treatment received by
Mason, be seriously doubted, for that poor fell
low. Il would appear, has already been adj
judged by Gen. Ayres, commandant Of the bar
racks, who appointed himself Judge and jury,
and allowed the prisoners punishment to
commence from the day he fired the shot at
Guiteau.
Tho officers composing tho Courtmartlal
have nothing whatever to do with tho prison
er's quarters, but Gen. Ayres, who has entire
control Of the matter has been Justly criticised
by all fairmindcd men for his course toward
the hot-headed and indiscreet sergeant.
The Court Reasscmbles.
The court met at 10 o'clock, but owing to
the absence Of Capt. Craig, did net begin work
until IL During the reading Of the minutes
Of the last meeting Capt. Craig came in and
took his scat. The testimony Of Gen. Ayros
and capt. McGilvaray, talSen'at the last session
ofthe court was then read from the stenogra-
piers notes. This consumed more than one
hours time.
At the conclusion Of the reading of Capt Nc
Gilvaray's testimony, Gen. Bigelow cross-ex-
amined him at length, touching the incidents
connected with the shooting. Nothing of an
important character was brought out, how
ever, the witness simply rehearsing the Oft
repeated story that has been published.
Gen. CrOclxer.
the warden Of the Jail, was called and pro
duccd the original document ordering the
commitment of Guiteau to tho jail. Witness
indicated on the diagram the cell occupied by
Guiteau on the 11th of September, when
Mason fired at him. Witness said in answer
to an interrogatory OF the Judge-Advocate that
Guiteau was in the habit of looking out of his
cell window between the hours OF q and 7
o'clock on or about the time when Mason fred
at the assassin.
This mode of putting questions by the
Judge-Advocate was objected to by Masons
counsel, unless It could be shown that Gull
teaus habits were known to Mason at the time
| he fired the shot.
The court at this point was cleared, and tho
matter Of sustaining the objection of Mason's
counsel debated.
When the court rcconvened the Judge
| Advocate stated that he expected to prove that
Mason had an opportunity 10 know that
Guiteau was In the habit Of going to his cell
| window between and z O'Clock in the even
| ing. At this point Mason spoke up and said
| ~ will clear that point, judge. l did know
Gen. Bigelow said that an opportunity to
know and knowing n thing n thing were two
| different things, and therefore he OBJ
| jected to the putting of the ques
| ton unless the Judge Advocate
| declared that he expected by further proofs &c
| show that Mason knew of Guiteau's habit OF
standing at the cell window as the troops came
up to relieve one and another. The court was
| again cleared and the question of sustaining
| Gen. Bigelow's objection again discussed.
| Upon the rcassembling of tho court the
| Judge-Advocate said the objection raised by
| Gen. Bigelow had been sustained by the
| Court. He announced that he woult
change the phraseology of his question
| and that he expected to prove tha
Mason did know that IL was Guiteau's custom
| TO appear at his window daily between tn
| hours of and o'clock, about dusk The ex
animation of Warden Crocker was then re
| sumed.