The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1885-03-06
SWAIN GUILTY.

THE SENTENCE OF THE COURT MARTIAL
WAsuINaTcN, Feb. 24.-The findings Of the
court martial in the case of Judge Advocate
General Swain and tine sentence OF the court,
as finally approved by President Arthur.
were made public this evening. On the
first charge, Conduct unbecoming an
officer and a gentleman the court finds
Gen. Swain not guilty, but guilty Of conduct
to the prejudice Of good order and military
discipline. On the second charge, Neglect
Of duty" in failing to report the facts con-
cerning Col Morrows pay accounts, not
guilty. Upon these findings the court SEN
fenced the accused sto be suspended from
rank, duty and pay for three years" Presi-
dent Arthur, after examining and consider
ing the findings and sentence, returned tho
recoSd of proceedings to the court with the
following communications:
Executive Mansion Feb 1.-THE record In
the foregoing case of Brigadier General David G..
Swain, judge advocate general. u S. A., is
hereby returned to the general court martial be-
ford which proceedings were. had, for reconsid-
Grafton as to the findings upon the first charge
only and to the sentence, neither of which
are believed to be commensurate with the
arst and third specifications under the first
charge. The attention OF the court is
invited to the accompanying communication
from the attorney general. under date of the
10th instant, whose views upon the matter sub
nitted for reconsideration have my concurrence.
tSigned1 CHESTER A. ARTHUR.
The communication of the attorney gen.
eral is a long review Of the whole case and
criticism Of the findings of the court in
which he expresses the opinion that Gen.
Swain should have been found guilty of the
| FIRST charge The court reconvened upon the
return to it Of the findings, and having re-
considered its previous action, adhered to it's
findings upon the first charge, remarking
therein ns follows:
| The court, upon mature consideration, has not
found the accused guilty to such . degree Of
wrongful or deceitful conduct as to justify the
officer and gentleman, and has therefore respect.
| fully adhered to its findings upon the first
1 charge, hut adjudRed the following sentence: Te
| be suspended from rank and duty for one yeal
4 With the forfeiture Of all pay for the same
period, and at the end of that period to be re-
1 duced to the grade Of judge advocate with the
rank Of major in the juege advocate Renera.s
i department..
4 The charges under which Gen. Swain was first
tried were laid under the 6lst and 62d articles
4 OF war. To the first charge OF conduct nube'
1 colning an officer and gentleman there were
i three specifications, setting forth first the as,
/ signment and transfer OF due bill given by
Betsman 4 GO. for 5000 with intent to com,
there was only S33 50 due thereon. Second. ths
making statements to the secretary OF war whict
% ssa to and s ee e
and his knowledge Of the utterance o
fraudulent pay accounts by Col A
4 P. Morrow TO cause tho disrnisB1
from the army Of Col Morrow. NJ ssss provision
were made for the payment of htA lain of 81 Is
II Under the 62d article of war he was charged
with neglect OF duty In falling to report tht
4 facts concerning the issne Of duplicate pay nc
counts by Col Morrow. The court has fount
him guilty Of the offenses set forth Il
the first and third specifications to th
hrst charge. hut with such exceptions as =
bring the offenses under the charge OF conduc
II to the prejudice Of good order and ilitnry dis
cipijne, rather than conduct unieeoDiing an OF
ticer and q gentleman. Uuon q finding Of guilt
a on the former charge. the court can exer
a else Its discretion as TO the punish
ment bat on the latter charge the sentenc
Il OF dismissal from tho army Is mRndator,
Gen. Swain may be placed on the retirett Ii
Dec. 22. lS98 30 that his Suspension from rap
and duty for twelve years virtually leaves Vi
n bureau Of military justice without a9chiet Il
q nearly the entire period unless executive Glen
I encJ shall intervene ard he shall be restored
duty. Ever since Ges. ewailn was placed Ia 81