Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-12-30
COURTS OF INQUIRY.
HOW THEY ARE CONSTITUTED AND
WHAT THEIR DUTIES ARE.
Tho Governors Appointments Not Yet
Announced-Co!onel Jones Said 70 BE
Anxious for tho nvestigation.

inc members or the First Regiment
and Others interested In that organization
are anxiously awaiting the appointment
by Governor OFerrall OF the Court OF
Inquiry TO investigate the affairs OF the
regiment. The Governor has not yet
announced the appointment OF the court,
though It is known that he has deter
mined TO order the investigation. lie has
had conferences in connection with the
matter with Adjutant-G General Anderson
and other military officers. II is probable
that the officers who are TO conduct the
examination will be named tomorrow,
and the impression has gotten out that
they may be selected from the Governors
staff.
THE COLONEL WANTS 1T.
a member Of the regiment who is in
timately associated with Colonel Jones
said TO Dispatch man yesterday that the
Colonel was equally as anxious for an
investigation of the affairs of the regi-
ment as are the gentlemen who have re-
quested the court. He said Furthermore
that he had no sort OF doubt that when
the evidence was all in Colonel Jones
would be exonerated and upheld In every
one Of his acts.
in no case" said he. has Colonel
Jones gone beyond his authority, but
ADMIT that he has several times been
impolitic. He Is colonel OF the regiment,
duly elected as such. and If he saw 1T
| 10 run IL TO suit himself. certainly 1t is
no ones business but his"
colonel Jones still maintains n dignified
silence, and nothing that Is said or done
appears to affect him in the slightest
| degree. He was closeted with Major
Derbyshire at the Armory for some little
time last night, but the nature of their
| conference could not be learned.
1t Is probable that the court will sit
| IN the Armory. as all Of the records which
| viii be used as evidence are stored away
| there.
RULES GOVERNING COURTS.
The following general information con-
| corning courts of inquiry Is copied from
| Lieutenant Rollin a. Ives's treatise On
| military law, and is very comprehensive:
| "A court Of inquiry consists Of one
or more officers, not exceeding three.
and recorder thereof. AS in the minor
| ccurts-martial, the presence OF all the
| inambers for the purpose Of business Is
| necessary. The recorder is not a men,
| Der. His position and duties correspond
| closely TO those of n judge-advocate Of q
| general court-martial. new member
may be appointed and take his scat after
the court has been in session, but pre-
| V'cus testimony should be read over TO
| MIN. The law authorizes the appointment
| Of reporter, who shall record the pro-
ceedings Of and testimony taken before
such court. Before entering upon his
duties he is TO be sworn faithfully TO
perform the same. Courts Of inquiry
and the recorders thereof have the same
| power TO summon and examine witnesses
| as IS given to courts-martial and the
| judge-advocates thereof
| 1.-THE recorder was in 1863 given power
10 issue Ike process to compel the at
! tendance Of witnesses before such court.
as Is Issued by the local courts Of crimi-
nal jurisdiction in the State, Territory,
| or district whore the court Is sitting,
but has not this power now.
| PROCEDURE OF a COURT.
| '"The articles OF war are not specific
as to the mode Of procedure to be adopted
| by courts Of inquiry. and the question
| has arisen as 10 what rules are 10
| govern the court in those numerous incl
| dents Of is constitution and mode OF &C.
| tion concerning which the statute rules
do not speak. such as the place of sit
ting, the publicity. or not. the admission
| or exclusion OF evidence. the allowance
| Of counsel, the privacy of votes. and
| sUrdry matters Of practice and procedure.
| In answer TO this question, Attorney
General Cushing has replied that the
| court is 10 be governed by the general
| principles Of military law, applying the
analOgies Of a court-ydrtial where these
! are applicable This is the rule which
has been adopted in practice.
"a court of inquiry shall not give an
| opinion on the merits Of the case inquired
| Of unless specially ordered TO do so. II
| not required TO give such opinion Il simply
| reports the facts ascertained by evidence
| A simple submission % the record and
testimony in the latter case, however, Is
| not deemed sufficient: the conclusions OF
the court as deduced from the evidence
| must be set forth. The Limitation as &c
the hours Of sitting imposed by the ar
ticles Of war on courts-martisl does moi
| apply to courts Of inquiry.
| COURTS INHERENTLY CLOSE.
Courts OF inquiry are inherently close
courts, to which defendants generally and
auditors and spectators occasionally have
access. by permission, and not OF right.
THE investigation of a court of inquiry
Is not a trial. and, though an opinion
| upon the merits may have been given, II
could not be pleaded in bar OF trial be
fore a court-martial. 1t Is generally q
preliminary investigation 10 aid in deter
mining whether the accused shall b
| brought before a cOurt-martial for trial
1t corresponds somewhat to an investiga
ton by a grand jury In civil cases."