New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-03-29
Low, Consul at Clifton and Fl. p. Beanchamp cons"
ST. Gale.
SERGEANT MASONS SENTENCE.
GENERAL swAIMs REPORT.

A Recommendation TO SET ASIDE THE CoNFi0'
ION AND SENTENCE
WASHINGTON, March 28.-The report OF
Judge Swain to the Secretary OF war
I'm the case of Sergeant Mason has been made puonc
After recng fact that Mason was convicted upon
certain charge and specification. that certain sehence
was imposed by the Court Martial and that the nhug
of the Court approved General SWAIN recle' 80.
facts connected with Masons attempt upon Guiteaus
life, and says. in part:
There wa. cvdence tending to show that Guiteau was
in the habit OF standing the window through wmch
the ball passed Upon THIS occasion ars and he
so Informed the Warden OF the jail and an oicer OF e
the evidence shows that substantial brick wall inter
vened between him and the line OF hre ne was ih,
make to shoot him at the time. The exclamation OF
Mason that he didn't know whether he Klllou 1u,e
9nV pesaonabe " Certainty OF assaltipg killing him
Therefore Guiteau was beyond the reacn o . 90
the nc is he guilty Of an assault with intent to kill
Gueau alleged and found by the Court In '" a nh1
ton on Criminal Law Il Ed 1244, the following rules
are laid down as being established In such cases;
Where however there is wanting apparent ana Iea,
Again at i279 is said: where the ability to com
nit eOnious attack Is both apparently ana noe nder
269i the same author cites an English l,oo,S case e
at another person does not take place when the
other person not in the place shot at" By this It Is
understood that the other person referred 10 WAS
security the shot much so as II he was one OF
the antpodes AS the ability to commit the Assault Ws
both apparently and really wanting am OF the opinion
that there is material variance between the alega
tons and the proofs and the conviction ought not 10 oe
II is however proper TO be remarked that tho record
shows that Sergeant Mason guilty OF an offence re-
cognzable by court martial in time OF peace and he
should been convicted and punished under proper
specification The Sxtysecond Article OF War reads as
All crimes not capital and oil disorders and neglecta
which officers and soldiers be guilty OF to the preJu
sofg orde
mentioned in the foregoing articles OF war are 10 oc
taken cognizanco of by general or resmeIai L gar
and degree of the offence and punished at tho discretion
OF such court" -
bend among the crime OF assault with intent to
KIN az charged and specified his case when committed
preudice OF coed order and discipline OF the service
This held and established 80 often by precedent
that a citation If the would be superfluons:
It will pc observed that the jurisdiction conferred by
this article separate aud distinct from that conferred by
offences therein specified. By the latter article an
assault with intent TO kill when committed by persons
beion t8ay be punished by general cOnr martial re
gardess OF the fact whether the commission OF the
discpee of Inc service The article being based the
assu piOn that by the vcisstudes OF war ,he orunay
courts of the land liable TO be obsructed, ana es
offenders unpnished court martial Is drecteo te
assume jurisdiction. A., - .,
In time OF peace however, IA cOurt-martal can only
assume jurisdiction OF the crime Of assault with intent %
kill committed to the prejudice OF good order and
military discipline" But while Sergeant Mason caIiio
the evidence be considered gIlly OF tue speclnS @
offence Of assault with intent to h az charged eho %
found by the court yet hs conduct in reckessly ds
charging his musket at Guteaus cell and hs disordery
declarations made at the time, tended IN hgh decree
well as TO disturb the public tranquility, and the Cour
should have found lesser kindred offence 10 tba
gcd by making the necessary exceptions ana suDsli
Other questions night he raised touching the validity
going deemed sufficient TO justify setting tle
convection and sentence aside, ana IL Is sorecoenueu