Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-03-15
THE CASE OF SERGEANT MASON.
1uE CASE VF SERtsE4ANI MASONs
An Effort to Get the Case Into the Civil
Courts-A Writ Of Habeas Corpus Ap-
piled for On the Grounds That His
Trial and Sentence by . Court Mar
tial Was Illegal.

Courts-A Writ Of Habcas Corpus Ap-
piled for On the Grounds That His
Trial and Sentence by . Court Mar
tial Was Illegal.
Mr.. j. G. Bigelow, the attorney OF Sergeant Ma
son, recently convicted by court martial, has pre-
pared petition for writ OF habeas corpus as fol-
lows: "1'he petition OF your relator, John A. Ma
son. respectfully represents that he is citizen OF
the United States; that he is sergeant In Battery
b, I'd artillery, US army; that he is now and was
at the time hereinafter mentioned stationed with
his said battery at the Washington I'd. c. bar.
racks, within the jurisdiction OF this honorable
court; that he is now and has been since the llth
day OF September, 1881, unjusty and unlawtully
imprisoned in cell at said barracks and restrain
ed OF his liberty by Col Romyn b. Ayres, OF said
manding said barracks. 70 relieve himself rom rom
said unjust and unlawful Imprisonment, and TO
regain his liberty, your relator exhibits his pet-
ton for the writ or habeas corpus.
And your relator says that while he was 1st
sergeant or said Battery he was charged with
the violation OF the 62d article OF war; the speci-
cation setting forth that as 1st sergeant he was
ordered with his said battery from the Washing
ton barracks for guard duty at the United states
jail, In the city or Washington, and having ar
rived at said jail for said duty did therefore, with
intent TO Kill Charles j. Guiteau, a prisoner, then
In said JAIL wilfuly and IeloniouSly discharge his
muSket, loaded with ball cartridge, at said
by saS S s m a Tine
District Jail, Washington, ID. c., on or about
September II, 1881. An official copy OF said charge
and specification is herewith filed, &c
|. And your petitioner further says that upon the
charge and specification being preferred against
him, as aforesaid Major Gen ". S. Hancock, COM
manding the military department OF the east, With
in the limits OF which the said barracks are, con-
vened general court-martial by special order No.
"a (marked exhibit b. on February 2Oth, 1882
That your relator was arraigned before said court
martial on said charge and specification, and the
said court-martial did then and there take and
entertain jurisdiction or said alleged crime charged
against your relator, and did md him guilty. ana
sentenced him to be dishonorably discharged from
the service OF the United States with the loss OF all
pay and allowances now due, or to become due, and
to be confined at hard labor In the penitentary for
eight years; that the proceedings findings and
sentence have been approved by Cen Hancock I'm
special order No. 26 March 10th, 1897 designating
the pentenJiary at Albany as the place OF confno-
the place also, and further order has been made
directing him to be held at Washington barracks
until further orders, and said Major Gen Ayres
under these orders restraints him OF his liberty.
"And your relatOr further says that the alleged
crime was committed in time OF peace, within the
jurisdiction OF this honorable court and against
citizen civilian OF the United States, and for this
reason the court-martial had no lawful jurisdiction
to try him upon the charge OF assault and battery
with intent to Kill; that II Is provided by the 5sth
article OF war that general court-martial may
take cOgnizance and jurisdiction or Said alleged
crime charged against your relstor only In time OF
war, fnSurrecttOn or rebellion; and that by the
18th article OF war the military authority in time
kof peace Is enjolned TO turn over to the civil
authorities any officer or soldier accused OF any
capital crime or any other offence against the
person or property OF any citizen OF any OF the
StateS to be dealt with according to law, and that
1t is the plain intent OF the statutes to withdraw in
time OF peace all jurisdiction from cOurtS-martial
over the said alleged crime.
And your relatOr further says, that in case this
honorable court should hold that said court
martial had jurisdiction to try the crime charged,
as aforesaid, it exceeded its Jurisdiction In fmpOs
ing the aforesaid sentence. That said sentence is
In excess OF any punishment authorized by the
law and Is void On this account That the 9.th
article OF war limits the punishment that can law
fully be Inflicted upon your relator to the amount
of punishment prescribed by the statutes for the
District OF Columbia for like offence or crime.
Section 1,150 Revised Statutes for the District OF
OF manslaughter, OF any assault with intent TO
kill shall be sentenced to suffer imprisonment and
labor for the first offence for a period not less
than two nor more than eight years"
The sentence imposed as Aforesaid upon your re-
latOr exceeds that prescribed by the statutes
above in this that for 'abor" 'hard labor is sub
Stltuted and for "impTisonment" imprisonment
in the penitentiary," and besides there is super
added TO the Statute q dfShonorable discharge
from the service OF the United States with the loss
OF all pay due or to become due. The statute au-
thoriZeS Imprisonment alone. The sentence i'm
poses both fine and imprisonment besides a dis
honorable discharge from the military service OF
the United States.
Your relator further says that he is In no wise
guilty OF the crime charged against HIM; that he
Is and has always been anxious to be tried by the
restrained OF his liberty and kept closely confined
as aforesaid, he has not been able to surrender
himself up. He therefore prayS the writ to issue
"that the matters and things herein set forth may
be inquired into and the law administered In the
premises and your relator given his liberty"