Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-20
GENERAL SCOTT AS JUDGE
An Incident Of Camp Life During the Wa,
With Mexico.
Plea In Behalf Of Six Marauder. Con.
victed OF Murder and Sentenced
Co0fly Overruled.

Gen. W. w. Duf1eld. chief of the coast
and geodetic survey, is a veteran of the
Mexican war. He relates an interesting
story concerning General Winfield Scott,
which goes to show that the old hero had
judicial turn of mind in addition 10 one
OF military strategic character.
I'VE were stationed at beautiful little
town In Mexico said General Duffield.
when circumstance occurred which ne
cessitated the calling of a court-martial.
OF which l was junior officer. Several of
the soldiers of our army broke into the
house of Mexican one night, killed the
proprietor of the place and his son and
assaulted the women. They were arrested
red-handed and confined in the guard house.
Alter General Scott had heard of the
outrage, he called the court-martial which.
alter a earefup investigation. decided thai
the men, six in number should be hung
the following Friday, the court-martial
taxing place on Friday. The finding was
sent 10 the commanding general.
Wanted n Record.
1t happened that four Of the men SEN
fenced to be hung belonged to a regiment
OF which the colonel was a well-known
lawyer who had gone to the war with the
intention of running for Congress on his
military record. The four men were from
his city and were ward heelers: so he
wanted them reserved for his own pur-
poses, II possible. He requested General
scott to hear his plea for the setting aside
OF the hnding of the court which was
granted We We're summoned to appear at
e,.u u senerai headquarters, and attended in
Iuli uniform. The general had carnn stools
set out for us, and furnished a glass If
sIerry TO each. with biscuit to nibble on.
ne presented a magnificent figure as he
man. ioohiiis
when We had finished our refresbma,,s
the general said he was ready 10 hear the
coionefs argument The latter rose and
SPOKE as IL ne was at the bar. He argue,.
that before the sentence should he carries
cur according to military law and usage
IN the case OF murder or dismissal of an
oihcer, the finding of a court-martiaI should
pe sent TO the commanding general to be
transmitted by him 10 the Secretarv M
War. and by him to the President who
couid exercise his prerogative of pardon If
Ie chose. His argument was that if the
nndlng OF the court-martial should be car
ried out the Presidents prerogarive wof,I,
thus be dIsregarGed.
General Scott sat unmoved during the
lawyer S plea, and did not speak until the
argument was finished. / thought the law
yer mad i-i2de an unanswerable argument
LOT the postpenement of the mems sentence
his IDEA was to postpone it so influence
could be exerted in Washington and their
pardon secured.
General Was Supreme.
General Scott calmly and deliberately
declared that he was no lawyer and had
no pretensions to being. but that he was
probably as well posted on the law of ma
tons as the officer who had made the plea
The conditions on which the argument
OF taking away the Presidents preroga-
tive in the way of pardon might apply to
the case II it came in the United States.
1t was in a foreign country. he said and
the commanding general under such cir
cumstances had full control over affairs
connected with the army of which he had
command, and he ended by ordering tha.
the sentence be carried out according 10
the finding of the court-martial.
''One On the men managed to escape but
the other five were executed"