Telegram-herald., 1890-05-11

not = msut,er of the court,
thsn i follows thst a. she An-
tAority tor . court az tWo lneut'cls
can not h~ fouad, ghen taero e no
ooart 4Dd those assuming o. AL az
such. they assume to interfere VIII the
rights Of others, 80 81 without AoN
authority, and every Sct Is soldi aye
more. they become tTespassors- See
sections IS and 47s, tblrd creeuilei on
evidence Ana these questions nlas bc
"a seo on tns a al unaeI . plea ~ nol
guilty. oame Authority.
Sooond-oo tGr as appears ln the
case, toe only offence olther charged
with any CERTAINTY, o. attempted 81 iR
pEOvec. e absence from drills. Vow
tbs court, Il Ne should. Tor tht sake ot
argument. admit there ls one. can NOT
be greater than rs creator. lt 4 Aas
any power. Il receives Il from tae i.esis-
lature OF tins State and uelt1eT tut
military board OF tile company, can
provide Tor the punishment oi an oi-
fence which TIE Legislature has al
ready provided tor, az 30 alone can 60.
seton ., Article ia Constitution ~
Michigan
Now Capt. Kinney swesrs that the
accused had twelve dAYs after beng
absent, in which L. be asked - hc rA-
cused. This IS provided Tor by socuon
907, Howel.s statutes
The same statute, section POS, pro-
yldes how the fine shall be collected
Such complaint shall be entered 10y
TIE proper OrhceT aforesaid, before a
justioe of the peace, etc
The law makes DO provision FOR a
court martial aud every act and pro
ceedlng here j. absolutely VOID.
While the second charge may be con
sidered az already covered, ny what has
been already said II is op,u 90 another
objection, winch also applies 20 charge
(sl.
The specifications should be IN sll
tribunals, whether civil or military
specific IN the allegations of time.
place and facts o. enable the court O.
know what 1t j. 10 enquire INTO and
try" See page AZ, third 0roenLei ou
evidence.
The second and third charges and
specifications DO not pretend 90 give
time or state facts, hence they are bad
Another fact ia this case. namely
The fact that both members % thls
court were, before they were detailed
almost. # not quite as familiar with
the whole transaction as they arc al
the end of the tria. and IN a free oOun-
try, i IS of the greatest Importance
where the constitution, bOth Federal
and state, provide for a speedy and
impartial trial, no man should assume
10 act as Judge or juror unless he is
absolutely unbiased, and his m,nd per
fectly free 10 hear and determine facts.
He should be a strang 10 the case Dee
is 10 try. That TINS can not be thc case
here, is already evidenced 10y the inter
view as published IN the Grand Rapids
Democrat and flied in this cause. 80 far
as / am advised. no member
Of a court martial has ever sat
after having been challenged; nor 60
believe he should, unless il clearly ap-
pears 10 every member OF the court.
that the challenge could not be on per
sOnal grounds and clearly impossible
that the challenged member could be
at all acquainted with the acts.
IN no other way can q far and inn
partial trial be reserved IN all causes.
The question IS not VIII injustice be
done IN this or any other parti ulaI
case. but viii IL not furnish precedent
by which some citizen NAV. at some
time. have his liberty or rights endan-
gered by being compelled TO submit %
trial before 4 bad man. q persona.
enemy, because he has no power q
challenge hinI successfully.