(e) He will be prepared to tell, whenever asked, how many prisoners are in the guardhouse and how many are out at work or elsewhere.
Whenever prisoners are brought to his post returning from work or elsewhere, he will halt them and call the corporal of the guard, notifying him of the number of prisoners returning. Thus: “Corporal of the guard, (so many). Prisoners.”
He will not allow prisoners to pass into the guardhouse until the corporal of the guard has responded to the call and ordered him to do so.
300. Whenever practicable, special guards will be detailed for the particular duty of guarding working parties composed of such prisoners as can not be placed under overseers. (Par. 247.)
301. The prisoner guard and overseers will be commanded by the police officer; if there be no police officer, then by the officer of the day.
302. The provost sergeant is sergeant of the prisoner guard and overseers, and as such receives orders from the commanding officer and the commander of the prisoner guard only.
303. Details for prisoner guard are marched to the guardhouse and mounted by being inspected by the commander of the main guard, who determines whether all of the men are in proper condition to perform their duties and whether their arms and equipments are in proper condition, and rejects any men found unfit.
304. When prisoners have been turned over to the prisoner guard or overseers, such guards or overseers are responsible for them under their commander, and all responsibility and control of the main guard ceases until they are returned to the main guard. (Par. 306.)
305. It a prisoner attempts to escape, the sentinel will call “Halt.” If he fails to halt when the sentinel has once repeated his call, and if there be no other possible means of preventing his escape, the sentinel will fire upon him.
The following will more fully explain the important duties of a sentinel in this connection:
(Circular.) WAR DEPARTMENT.
ADJUTANT
GENERAL’S OFFICE,
Washington,November_1,_1887._
By direction of the Secretary of War, the following is published for the information of the Army:
UNITED STATES CIRCUIT COURT, EASTERN DISTRICT OF MICHIGAN, AUGUST 1, 1887.
THE UNITED STATES V. JAMES CLARK.
The circuit court has jurisdiction of a homicide committed by one soldier upon another within a military reservation of the United States.
If a homicide be committed by a military guard without malice and in the performance of his supposed duty as a soldier, such homicide is excusable, unless it was manifestly beyond the scope of his authority or was such that a man of ordinary sense and understanding would know that it was illegal.
It seems that the sergeant of the guard has a right to shoot a military convict if there be no other possible means of preventing his escape.