The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-05
gho Convict Juds. Acknowledgement.

Yesterday Brig. Gen. DAVID G. SWAIN,
the tituiar Judge Advocate General OF our
army. completed thirty years OF military
service. His entranqe into tho regular army
dates back only twenty-hvn years, since he
was commissioned rs Second Lieutenant
N the Thirty-fourth Infantry from July as.
1896. But he had served through the civil
war In the volunt .ers. bcin{ made Second
Lieutenant In the Sixty.tlf;h Ohio Oct. 4,
1861. and Captain in the Adjutant-Ge Generals
Department In tho spring OF 1862. In few
months. therefore. he will have reached the
term Of service which permits the Presi-
dent to retire an officer after thirty years
upon his own application.
The project now suggested is that Gen.
SWAIN shall apply for retirement pro-
vided the President will remit the unexpired
portion OF the sentence passed upon him by
court martial more than six years ago.
Gen. SWAIN was appointed to the Judge
acknowledgements department toward the
close OF tho year 1869. and was made the
head OF that department. with the rank OF
BriRadier-(ieneral, by HAYES. In February.
1881. Three years later. In April, 1884.
Mr.. A. L. BATEalAN OF Washington. Q
member Of the firm Of BATEMAN d Co,
bankers. complained to Secretary LINCOLN
that Gan. SWAIN hal attempted fraud
upon his firm by negotiating duo bill for
$1,000 which he had previously drawn. and
that he had also assisted Ia the negotiation
OF certain pay vouchers. which he knew
TO bo fraudulent and duplicates OF out
standing accounts. Mr.. BATEIAN asked for
. court martial on these allegations. Tho
following day he informed the Secretary
that the case had been amicably settled
and oil MISUNDERSTANDING explained. The
Secretary did not feel at liberty to dismiss
the sffair In that way, especially Is Mr..
BArEMAN had given his first letter to the
public press, Gen. SWANS comments on
tho facts. as referred to him by the Score
tsry, were also not thought satisfactory.
Accordingly, court OF inquiry was called,
consisting OF Con. POPE. Gen. AUoUR. and
Gen. SAcKEr. After careful investigation,
this tribunal reported that the evidence dis
closed certain transactions discreditable to
IN army officer, and especially demanding
tho severest condemnation whom engaged
IN by an officer holding the high position
and peculiar relations to the administration
o;justlce In the army held by Gen. SWAIN"
President ARTHUR accordingly appointed
. court martial upon Secretary L1NcoLN's
accommodation. It consisted OF Con.
BoHoyIELD. Gen. TERRY. Gen. ROCHESTER,.
Gen. HoLABInp. Gen. MURRAY. and Gen.
NEWTON. and Col. G. II. SAITH. Dol.
ANDREws, Col. BROOKE. Col. BRADLEY,
Col. AYERS. Col. z. i. OTIS and Col.
BLACK. This court found Gen. SWAIN
not guilty OF tho charge OF conduct unbe-
: coming an ofllcer and q gentleman, based
on the duo bill OF 5000. and also not guilty
OF neglect OF duty In not reporting the trip
location Of pay. which was the ono charged
against Col. MORROW. but guilty OF conduct
TO tho prejudice OF good order and military
discipline, In violation Of the slxty-second
Article OF War. It's sentence was suspension
from rank, duty, and pay for three years,
This sentence President ARTHUR declined to
approve. considering 1t too lenient A SEQ
ond sentence was suspension from his rank.
duty. and pay for ono year. and thereafter
70 be reduced to tho rank OF Major In his de-
partment. That was also dlsapprovod The
court made third attempt, and produced
q sentence OF suspension from rank and
duty Tor twelve years on half pay.
This Ia tho sentence, rather more than
half OF which Gen. SWAIN ha, undergone.
His compulsory retirement for age Is duo
Doc ~ 1890. aud 1t was understood that