New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-12-05
GENERAL SWAIM'S CASE.

COURT MARTIALLED THREE TIMES. SUSPENDED
FOR TWELVE YEARS. AND RESTORED
AFTER TEN YEARs--AN INTERESTING
But COMPLICATED CASE.
Washington, Dec tspeciaD-The pardon or re-
mission of the unexpired portion Of the sentence o.
BrigadIer-G General David G.. Swain by President
Cleveland was not wholly unexpected Generai
Swain is Judge Advertisement or the Army
although Colonel Guido y. Lieber has been act
ing Judge Advertisement since General swain
was suspended from duty by sentence OF court
martial In July 1854. The speculation now in Army
circles Is whether General Swain will demand to be
restored 10 his position. whether he VIII ask 10 De
retired. He will not he slxty-four years oid' the
limit of age for retirement unit! December e. 1896
but he can be retired under the thirty years SER
vice clause 1t is thought by some that he can be
retired for physical disability due 10 WOUNDS re-
ceved In battle.
General Swaim's case has been an interesting one
and he has fought hard TO have his punishment nit
igated. lie was detailed TO the Judge Advocate
Generals Office In 1869. and In 1881 the president
nominated him and the Senate confirmed him as the
head Of that department. In 1884 the hrm OF Bate
man e. Co. private bankers In Washington. through
whom General Swain had been doing business.
sent a communication to Mr.. Lincoln. then Sec
rotary OF War. charging General Swain with at
tempting a fraud upon them by negotiating due
bill for 5000 which he had already drawn ana
which he knew 10 BE- duplicates Of outstanding ac-
counts. General Swain commanded 10 make
an explanation but It not being satisfactory. Pres
ident Arthur ordered Generals Pope. Sackett ana
Austir az a OF inquiry. The result was court
martial composed OF Generals Schoheld Terry,
Rochester. Holabird. Murray and Newton. Colonies
Smith. Andrews Brooke. Bradley Ayres OTIS and
Back After n protracted trial the court-martial
found that General Swain had not been guilty OF
fraud and acquitted him the charge Of conduct
unbecoming officer and gentleman 1t found,
at the same time that General Swain vas guilty OF
conduct prejudcial 10 good order and discipline.
and sentenced him TO be suspended from rank. duty
and pay for three years. Attorney-Genera! Brew
s,er reviewed the for the Presden and reported
that the sentence Was ncommensurate with the
facts found by the court-naral. and b. his advice
the President GisapprOvci the sentence and ordered
the court 10 reconsider the case.
After reconsideration the court martial pro-
nounccd "A new and severe sentonce-that General
Swain be suspended for year. with forfeiture OF
all pay and then be reduced 10 V9Sae.
Nth he F"n OF si s seaps eo Hio n b.
carried into effect without the cooperation OF the
ssnas ror he n t 70 snohr The coar
martial was commanded to consider the case Tor
Suspension from rank and duty on half-pay WAS
approved by the President few years lat ,a, ne
cry Of his retained pay. and II he md been sue
cessfm would have set aside the decision OF me
hi,n 20 dutv The Court OF Claims. on February
e. ixo decided adversely. The Court deaIt y hoiy
with the question whether IN" court martial was
legally constituted. had Jurisdiction. and hal
passed a sentence authorized by law 80 many
bargains have been made In the Government ser
yce recently relative to r~trements that II Is ne
lieved an understanding VAS reached between Gen,
.raI Swain and the President and y General
Swain should retire he would receive Vl2' instead
%, s. 10 a year. which his pay has been under sIs-
u.nson but 81 37b less than the full pay which ne
i now receiving and would be entitled TO reeve
~ wear. longer and then he retired az thfce-
,our,he Gay n he Ii retired now the Prcsident
o,,id make the selection OF his successor ana sehl