The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-08-18
DAVID G. SWAIN DEAD
WELL-KNOWN ARMY OFFICER AND
ONCE ADVOCATE GENERAL.
Garfield's Friend and Companion
Later Restored to Office.

WASHINGTON, Aug. 17.-David G.
Swain u. S. A, retired, late advocate
general, died here to-day of Brights ais
ease.
General Swain was born in Salem, o.,
Dec p, 1884. He came of a family repre-
scented in all of the early wars of the United
States, and conspicuously "a the war OF
lSl2' His father was the friend of Joshua
X. Giddings, Salmon p Chase and other
advanced political thinkers of the day. ana
was one of the few men who organized the
Free-soil party in Ohio. General Swain
received an academic education, studied
law, and began practice at Salem. On the
outbreak of the war he entered the volun-
leer service as a lieutenant, rising rapidly
10 the rank of major and brevet colonel
"hen mustered out in 1866. He served
throughout the war, participating in many
memorable engagements and being for
time on the staff of General Thomas After
the war he was attached to the regular
army as major and judge advocate. He
was the trusted friend of and companion
of President Garfield and attended him
through the long fatal hours that preceded
MS untlmely death
On Feb. Is, 1873, Major D. G. Swain was
appointed advocate general of the army
with the rank of brigadier general, by
ACoiNO III I1dytS lie was q trained lawyer,
IN Sood practice, before the war, and was
selected to perform the duties of judge adj
Vocate several times during the war. His
ability led two successive commanders of
the Army of the Cumberland, Rosecrans
and Thomas, to consult him on important
qu1 que or military and civil law After
army and assigned to the duty of Judge
adyocate IN the organization of the Fourth
Military district. Under the operation of
the reconstruction acts many important
cases came under his conduct One of these
nnaIIy came TO assume national Importance
the only one of all the cases arising under
the military governments of the South that
lVed through the subordinate courts and
got to the Supreme Court of the United
case which Major Swain Won in the
United States Circuit Court, in Mississippi
against such an array of legal talent as
Ex-Governor Sharkey w. p. Harris. Judge
Yerger Tom Marshall and other prominent
lawyers. The reputation of Major SWAIN
led to his being detailed from the Depart
ment of the Missouri, where he had been
stationed for many years, to take charge Of
important cases in various parts of the
country. The records of the judge advo-
cate generals department are full of the
evidences of the learning and thOroughness
of Major Swain in the discussion of impOr-
tant questions arising in his own corps of
the army. A prominent one of these dis
cusSiOnS related to ''COurtS-martial and the
Constitution thereof in the Army of the
United states, and was printed in 1874. 1t
is an able and exhaustive review of the
history of military law in England and in
the United States.
In 1884 General Swain was accused of
giving evasYe answers to the secretary of
war regarding a private transaction, tried
by court-martial and acquitted of fraudu-
lent practices, but convicted of
conduct prejudcal to good order
and discipline. The sentence Inn
posed by the military court was disap-
proved. The court then sentenced General
Swain to suspension from rank and duty
on half pay for twelve years. This brought
the expiration of his sentence and the date
of his retirement the same year 0S96) Cen
eral Swain sued in the Court of Claims to
recover full pay, the court deciding that
the evidence showed no offense, but that the
Court of Claims had not jurisdiction to
review court-martial proceedings. The case
went to the Supreme Court on appeal and
was decided adversely. Dec 5, 1894, Secre-
tary Lamont, by direction of the President,
RENTED the uneXpired portion of his SEN
tence and restored him to all the rights
and privileges of his Office. He preferred
not to take up his official duties on ac-
count Of ill health, and remained on the
took place Dec. %, 1894. Since his retire
ment he resided in Washington. He leaves
a wife and one child, the wife of l.. l..
Thompson, of this city.