The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1890-08-15
ABOUT couR7,s-slAR1'lAL.
Tho Methods Of Procedure in the
Navy ind Army.
An 1n.titut,on whic., Had It. o.,sia Away
lsack In tho DayA of Chiv,iry-Muw AN
Independent and Unbiased ver-
dict Ia Secured.

An fnstitutlon Whic., Had It's O.lgin Away
1issck in tho bay. of chsvairy-uow AN
Independent and Unbiased vcr-
dict Is Secured.
Tho naval court-martial OF to-day has
it's origin away back in the days Of chiv-
airy, although the many customs ard
formalitics that ut present obtain do not
so back quite 50 far. Our methods, says
the New York Times, arc based largely
upon those of the English navy, and it
was not until the Long Parliament in
1913 passed an ordinance in relation to
martial law for the navy that written
records Of tho proceedings wcro re-
quircd.
Tho military punishmcnts Il, tho time
of Charles III. wcro inflicted very SPAR
ingly, but so quickly that public notice
WAS not attracted. About this time n
code of laws was framed by which crimes
and cfIcnscs were specified, and were
directed to he inquired into and punished
by courts.mprtial held FOR the purpose.
Provision was also made for IL Judge ADJ
vocGtc, who was empowered to adminis-
tor oaths. examine witnesses. and so
forth. 1t was only few years later
that an amendment was added 10 Il bill
assigning death or such other punish
mcnt AS u court-martial should aljnlgc,
for dcsertion or mutiny, to tho effect
Tint no sentence OF death should be
passed except between the hours OF six
in tho morning and one in the after
noon. This, according to Macaulay. was
because dinner was carly, and hard
drinking being ono Of the qualifications
OF gentleman. it was not supposed that
any member of u court-Mar,ial. after
dining, would be in state in which he
could safely be trusted with the lives of
his frllow-crcaturrs.
In l'1S the first law for governing our
navy wa.; passed by Congress. and it re-
fcrrcd to penalties for the losing Of u
n!an-of-war through negligence or mis-
rons.Icr. During tho following year !.
Board OF Admiralty was established,
having, among other things, the power
of ordering courts-martlal, and it was
recommended to tho executive authors
tics "f different States to compel the at
tendance of witnesses before COURTS
martial. A Secretary of Marine was
Nts''N't 4GG0 NCNI VI oO ANtS'is itIli lIts MttS
vested with authority to ORDER courts
martial and was ordered to transmit to
Congress the proceedings of any court re-
commencing Il capital sentence. Cap
tairs of vessels were authorized to APP
point courts for ali but commissioned
officers. u power that they still hold.
! but the proceedings of these summary
I courts. ~ t!icy arc called, arc TO be APP
proved! hy tho senior officer prcscn.
after revision by the captain. exccp,ing
i'll cases where men are sentenced to loss
/, of ray. which arc always submitted 10
! TIL" Secretary ef the Navy.
Tho earlier law stated that general
courts; were To he composed OF not moro
! than thirteen n,cn.hcrs nor lcs,, than
five. and tic Judge A,lvcca.cwa, at th;.t
time the only one bound by oa.h rot to
disclose tho vote or opinion Of amy NOM
/, bcr of tnC court Gnicss ohlls-od SO to do
! in due course of law: whereas now all of
(; the mc;.:bcr:; arc Obliged To add that,
clause to their oa;hs. Ito we'll and trulv
try tho case now depending" By the
/ s'a,nc articles, courts were cn.p powered to
imrriGcn in cases Of contempt Of court
or refusal TO give evidence.
/ The conception Of conrts-mart:al as
/ courts of honor .s we'll as courts of
| justice is acknowledged by tho great
, limitation given by the expression cor
1 such other punishment as ~ court
,iariial may direct which is found so
I frequently as an alternative for pcnal-
/ tics prescribed for certain o.fcnscs.
/; Sentences extending to loss of life re-
| tiuirc t!:" concurrence of two-thirt.:; of
the members present, whereas less
s'c~cro sentences require only amajority
of the votes. Sentences of dca.h, as
we'll as those Of dismissa. Of com
missicncG or warrant officer, must pe
approved by tho President.
When all Of the evidence for tho
prosecution and the defense has been
submitted. and the accused has ma,e
amy settlement ilc may care to make, ,n..
court il; cleared for dciibcra:ion. am,
then the members are ready. tho voting
is taken on the specification of the first
charge. each member writing his
/ opinion as to whether or not tho
specification is proved, proved in part
or not proved. The votes arc recorded
by the Judge Advocate, who announces
the result. and the voting on the charge
is then proceeded with as to whether
the accused is guilty. not guilty. or
guilty in less degree than charged.
and 70 on through all the charges and
specifications.
Should quilt or partial guilt be
proved. then each member writes down
what he considers an adequate punish
r,cnt and when each one has submitted
his opinion. they arc all carefully read
over. :nl the voting is taken on tho
milacst penalty first. The opinion OF
the junior is first taken. then tho next
i'll rank. and SD on through tho list. ant!
ii majority be declared in favor of
that sentence. it stands as tho punish
Elcnt awarded; if not, the noxt mil,lcst
is taken up and tho same proceeding
gone through with until sentence ap.
proved by the majority is agreed upon.
This custom of having the junior vote
before the others originated in france.
and the reason for it was that the
junior in rank was presumably the
youngest member of tho court. and in
order that his vote should bc in,le,mnd.
cnt and uriIilucnccd by the maturcr
opinions Of his seniors, he was Obliged
to be the first to vote.
Taught Him n Lesson.
Etiquette is responsible for auvei
lcs,Gl decision. a traveller on German
railway train attempted to cat q lunch,
and. while in the act Of conveying food
to his mouth, tho train stopoctl sudden.