, 1891-05-10

pay and Communication money since the
date of his sentence. Gen. Swain was
judge advocate general OF the army,
stationed at WASHINGTON, and the charges
and specifications brought against him
were, in substance, that he attempted to
defraud Bateman & Co., bankers out of
large amounts of money; that he had
carried a deposit account with Bateman
q Co. and when j. Stanley Brown
became a member of the 6rm he de-
posted 8, 200 to his account, receiving a
due bill for it, on the back Of winch was
endorsed ten per cent and six per cent
interest, y the ten per cent being recog.
niZed as that proportion OF the proiIs
coming to Mr.. Brown; that he drew
against this loan from time TO time until
there was a balance of only 1913, and thar
he then assigned the due bill to Mr.
Humphreys, one of the contractors build
ing his house, and, after payment was re-
fused, he urged that suit be brought to
compel its payment. Another charge
was that he sold forage issued to him for
his personal use, but he was acquitted on
this charge. Ii was also charged that he
had sent Col. A. p. Morrow Is Bateman
Il Co. with a commendatory letter which
resulted in the bankers advancing Col
Morrow money on triplicate pay accounts.
and that in so doing Gen. Swain intended
fraud.
The court martial reported some of the
specifications not proven, but on those
that we're proven on February II, 1885. it
sentenced Gen. Swain to be suspended
from a and duty for three years.
President Arthur reviewed the testimony
and sent the findings back to the court
with an order that they be reconsidered
as the sentence was not adequate to the
otfense. A few days later the court sent
Its amended sentence Of suspension from
rank and duty for one year. the forfeiture
OF all pay for the same period, and at the
end OF the period TO be reduced to the
grade OF Judge advocate, with the rank OF
major. On the following day President
Arthur sent the report back for another
recommendation, aud with a slight CEN
sure of the court, that it was ignorant of
the fact that an officer of a lower rank
than Gen. Swain held can only be filed
according to the constitution, which pre-
scrlbes that 1t must be a nomination by
the president and a confirmation by the
senate, and then only in the case of an
existing vacancy. The court revoked its
previous sentence and pronounced the
final sentence, which the president ap
proved.
As Gen. Swain will reach the retiring
age on Dec. II, 1896, and the sentence OF
the court suspends him up to and beyond
the date of his retirement, he believes
that the six colonies, who composed the
majority of the court, and we're inferior to
him in rank, we're moved to award this
practical retirement from personal
ASPIRATIONS. And he also makes the point
that the majority of the court being
junior to him in rank, the court martial
was illegally constituted. He asserts that
the findings of the court martial were in
sufficient in law 20 show the commission
of any crime or offence military, civil, or
moral-on his part; therefore he demands
that the judgment Ne declared void; that
Judgment be rendered against the govern
ment for the one half of his monthly pay
retained. amounting to a total of SIG. 500;
that he also be repaid $50 per month
allowance for Communication and quarters,
800 per month on account of forage, and
Sl5 per month for fuel, the aggregate
being 800. $40.