The Sun.
London, England, 1863-11-21 00:00:00

courts martial, hovfever erroneous, under review by the
civil courts.

It is not very frequently that counsel are called on to
advise and assist in cases of this description ; but when
they are, it is on occasions which attract public attention ;
sometimes to a great extent ; and counsel should be all the
more anxious to acquit himself satisfactorily, and maintain
the credit of his own professim, whose watchful eyes aro
fixed upon him.
The Queen's regulations, the articles of war, and the
Annual Mutiny Acts, which have recently received con-
siderable modifications, mutt be referred to as the reposi-
tories of existing military law. The two excellent little
manuals of Mr. Prendergast, "On the Law relating to
Officers of the Army and of the Navy; " Simmons "On
the Constitution and Practice of Courts Martial ; "
and Hickman's "Treatise on the Law and Pt ac-
tice of Naval Courts Martial," will afford the
student and practitioner much useful information on the
subjects. Since, however, they appeared, important
changes in the law have been effected, rendering it neces-
sary to read them cautiously.

The great interest which the author of this work has
always felt in military jurisprudence will, he hopes,
be his excuse for hero placing on record, in the
nature of an appendix to the present chapter,
certain suggestions for the improvement of the law
and practice relating to courts martial, which have
received the emphatic approbation of very high authorities,
both judicial and military. The work written by the author,
in which they appeared, is not now accessible to the public.
It is gravely questionable whether the interests of the
public service do not require the office of judge-advocate-
general, which is one entirely judicial, to be held by the
same tenure as other judicial offices, and thereby rendered
independent of political or other disturbing influences.
The course of procedure would then be consistent, uniform,
and satisfactory, superintended by one thoroughly expe-
rienced in such matters.

The judge-advocate-general, and deputy-judge-advocate-
general, should be gentlemen of rank and station at the
bar, whose practice had been in the common law courts.
The president of, at all events, every general
court martial should, wherever practicable, be the
judge-advocate, or deputy judge advocate- general,
or a member of the bar, appointed pro hoc vice,
of standing and experience sufficient to ensure fitness for
the discharge of such responsible duties. If it be deemed
advisable, however, to continue an officer as president, then
a gentleman properly, qualified should attend the court in
the capacity of assessor, or official adviser, to whom, in all
matters of law, the c .urt should be bound to defer.
No one should prepare, or be responsible for, charges, and
also officiate at the trial, as president or assessor.
Nc one should discharge, at the same time, the incompa-
tible duties of prosecutor, and official adviser of a court mar-
tial.

Every general court martial should, when practicable,
be attended by a sworn shorthand writer, who should be
bound, immediately after the close of the inquiry, to furnish
a copy of the evidence to the accused, on his demand, awl
paying for it.

The examination of witnesses should be viva voce.

These two alterations would at once insure accuracy ;
greatly abridge the time at present occupied by courts
martial ; save expense to the accused, and to the country ;
and prevent th© inconvenience to the service, occasioned by
their absence from their duties of so many officers, kept from
their respective spheres of duty for so long a period. At
present every question is first written down, then considered
by the deputy judge-advocate, and perhaps, also, by the
president; then read over to the witness; then recorded
by the deputy judge-advocate; then put to the wit-
ness; whose answer is in like manner recorded. This
insufferably wearisome and preposterous procedure
is calculated, by totally defeating the legitimate objects of
cross-examination, grievously to obstruct the development
of truth.

The prisoner should be allowed the free assistance of
counsel during his trial.
All rulings of the president, or deputy judge advocate,
on matters suggested by the court, the prosecutor, or the
accused, should be given openly, in the presence of the
accused.

The president, or deputy judge advocate, or assessor,
should sum up the case to the court openly; and if such
duty should be performed by the deputy judge advocate, he
should retire, while the court deliberates on its finding and
sentence.

In case of a conviction, the prisoner should be privately
apprised thereof immediately, and be at liberty forthwith,
as he may be advised, to offar any reasons for impeaching
the validity of the proceedings, provided that such objec-
tions could not have been made at the trial, or were made
and overruled.

In case of acquittal, the result should becommunicated at
once to the prisoner, and he should be forthwith released
from arrest, and ordered to retutn to duty, as is the practice
in the navy.
The 18th section of the Mutiny Act prohibiting a second
trial of an officer or soldier, and more than one revision of
the finding or sentence, and the reception of additional
evidence on a revision, should be repealed, and power vested
in the superior authority to permit any of these things to be
done once, if justice should appear to require.
A copy of the judge advocate•general's reasons for ad-
vising a confirmation of the finding and sentence, should
be furnished to the prisoner, a reasonable time before they
shall have been submitted for her Majesty's pleasure.
One of many existing grievances, and of surpass-
ing unreasonableness and cruelty, in the case of
military courts martial would be at once removed, if the
above suggestions were to be carried into effect. As the
Mutiny Act at present stands, and has long stood, all is
sickening mystery and suspense to the unfortunate ac-
cused, for many weeks, sometimes months, and he is kept,
during all that period, in arrest, a marked suspected man,
equally whether he be guilty, et, in fact, have been most
honourably acquitted.
The author was counsel for an officer who was acquitted
after a protracted trial; and the excitement and suspense,
occasioned by the lengthened period which elapsed before
he was apprised of the result, placed hlm is a position
justly occasioning the most vivid apprehensions of his
family and friends.

Curious Astronomical Discovery.