Evening star., 1897-08-17
GEN. D. G. SWAIN DEAD
Passed Away This Morning in His
Si1ty-third Year.
INTIMATE FRIEND OF PRES. GARFIELD
Was Judge Advocate General Of
the Army.
HIS TRIAL AND SENTENCE


Brigadier General David G. Swain, z. s.
army, retired. died at his residence. Mount
Pleasant, at IL o'clock this morning.
Gen. Swain was born in Salem, Columbi-
ana &C unity, Ohio, December D. 1884. Gen.
Swain's family has been represented in
the active operations of every war in which
the United States has been engaged. and
oorspicuousy during the wSr of 1872 in the
person of Commodore (captain) Lawrence
of the navy. His father was the friend OF
5oshua r. Gddings, Salmon P. Chase and
other advanced political thinkers of the
day. and was one of the few men who Or
ganizei the free soil party in Ohio.
Gen. Swain received an academic educa-
tion in his native state, studied law, was
admitted to the bar in 1859. and began
practice at Salem, Ohio. He took an ac-
tive pert in the presidential campaigns of
1850 as supporter of the republican party.
In 1861 he entered the army as first lteuten-
ant of the 65th Ohio Volunteers. end soon
after taking the field was promoted adju-
tant general of the brigade to which the
regiment was attached In the Army of the
Ohio. He was wounded at the battle OF
Shiloh fought at Perryville, Ky, Chicka-
mauga, where his horse was shot under
him, and Missionary Ridge. For his ser
vices at the battle of Shiloh he was pro-
NOTED captain and assistant adJutant gen :
eral of volunteers; and after the battle Of
Stone River he was assigned TO the stan
of Gen. Thomas, who commanded the Ar
ny of the Cumberland He served through
out the entire period of the civil war ana
was several times promoted, and was re-
tanned en- staff duty more than year az
ter the actual close of hosIilities. He was
mustered out in October, 1856, as assistant
adjutant general, with the rank of major
and brevet colonel of volunteers. In Feb
ruary, 1861, he was commissioned In the
pc rmanent military establishment, and on
aI.ff f,tiS, nr,I
full services military courts, he was as
signed to duty as Judge advocate of the
fourth military district at Nlcksburg, Miss.
where. as counsel for the government. he
successfully argued against eminent coun-
sci the celebrated habeas corpus case of
ex parte McCardie. involving the constitu-
tionality of the reconstruction acts of Con-
gress before the circuit court of the Unit
ed States for the district of Mississippi,
and was of counsel in arguing the case on
appeal in the Supreme Court of the United
States.
In 1859 he was appointed major and judge
advocate in the United States army and
vas assigned to duty at the headquarters
of the military Department of the Missouri,
which position he filled for more than ten
years. and on many occasions during that
period he was, by special detail of the Sec
retary of War, designated TO officiate as
jUdga advocate of the courtS-martial in the
trial CT important cases in different parts
Of the country. He also appeared as coun-
sci for the government before the ordinary
courts of the law in matters affecting mill
tary jurisdiction and administration.
Appointed Judge Advocate General
On February Is, 1851, President Hayes ap-
pointed him judge advocate general of the
army. with the rank of brigadier general.
He was the trusted friend of and compan-
ion of President Garfield and attended him
through the long fatal hours that preceded
his untimely death. In 1854 he was ac-
cused of giving evasive answers to the Sec
retary of War regarding private trans
action. tried by court-martial and acquit
ted of fraudulent practices. but convicted
OF conduct preJudlcial to good order and
discipline. The sentence imposed by the
military court was disapproved. The court
then sentenced General Swain to suspen-
sion from rank and duty half pay for
twelve years. This brought the expiration
of his sentence and the date of his retire
ment the same year USt6). General Swain
sued in the Court of Claims to recover his
full pay, the court deciding that the evi-
dence showed no offense, but that the
Court of Claims had not Jurisdiction to re-
view court-martial proceedings. The case
went 10 the Supreme Court on appeal and
was decided adversely.
Restored to His Rights.
December 3. 1894, Secretary Lamont. by
direction of 'he President. remitted the
III expired portion of his sentence and re-
stored him to all the rights and privileges
OF his office. He preferred not to take up
his oihcial duties on account of ill-health
and remained on the active list waiting his
retirement, which took place December -
1891 -
Since his retirement ne resided in Wash
II ston. He leaves wife and one child. the
WIZ OF L. l.. Thompson of this city
y" oihclal Information of the death of
General Swain had been received at the
war Department at a late hour this after
noon Ohcials Were. surprised as it was
NOT SHOWN that General Swain had been
seriously ILL., Upon receipt of informa ton
from the family Of General Swain action
will be taken