New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-21
ARMY AND NAVY TRIALS.
THE PROCEDURE IN COURTs-MARTIAL.
HOW CHARGES AGAINST OFFICERS AND EN-
LISTED MEN ARE DISPOSED oF-JUDGE AD-

|
vocATEs WHO ARE NOT LAWYERS.
"Court-martial-A court consisting Of military or
naval officers organized for the trial OF persons be-
| longing to the Army Navy who may be guilty OF
violations of the laws OF discipline, desertion. mi-
tiny, breaches Of order. INSTRUMENTATION, ETC. Such
Is the definition OF the term court martial as laid
down In the dictionaries. but beyond this the laty
is generally ignorant OF such a courts authority
and Its modes OF procedure. although there have
been several recent which have excited the at
tention OF the public. Notable among these were the
cases Of Lieutenant James A. Nancy who shot
Captain Alfred Hedberg. both of whom were off,
GERS OF the 18th Infantry; OF Captain Williams. also
OF the Army: OF Commander Oscar +. Heyerman
and Lieutenant Charles II. Lyman OF the Navy, for
the loss OF the Kearsarge, and more recently OF
Medical Inspector Edward Kershner. Of the Navy,
for violation of the Navy regulations forbidding
the publishing OF Information concerning the Navy.
Unlike civil courts. a court-martial has only
temporary existence. and It's authority Is more lin
tied rts-martal supposed to have had their
origin in England In what was known az courts OF
chvalry," or knights courts" But the modern form
OF court-martal doubt adopted In Decem-
Der. 1853. when Robert Bake George Monk. John
DIsbrow and william Penn. admirals and generals
OF the fleet. acting under the authority OF Parlia-
ment issued Instructions for all fleet and squadron
commanders and commanders OF ships to govern
them in the trial and punishment OF all persons
guilty OF nfractlons OF the naval laws One OF the
sections OF the instructions, having direct applica-
ton to courts-martial read as follows
1T IL further ordered that the captain OF each
particular ship-of-war OF the States in the
vice calling his assistance the lieutenant OF the
said ship az any be thereon alowed) with the mas
ter his mates clerk OF the cheque. gunner. boat
swain and carpenter thereof. have hereby power
TO examine. bring to trial and punishment any per-
belonging to the ship whereof he II commander.
for any and every offence committed against any
OF the said laws and ordinances OF the sea. or
against such other orders have been formerly or
shall be made b; us for retaining mariners within
board OF their respective ships. for the containing
OF them within their duties whilst on board, and for
the punishment Of any who shall attempt to carry
them thence without leave first obtained"
CHANGES OF THREE CENTURIES
The Instructions referred to declared to be
the fire; notice. form and constitution OF naval
court-martia found In English history From this
period until the time Of Charles n 06il-lsS5) the
charges and notifications OF the laws and regula-
tons governing military and naval courts were unim
portant. There have been changes and notifications
since but principally TO composition OF courts and
rules governing evidence
The Instructions for organizing and the rules for
conducting trials bv cnurts-martla In the ARMY or
Navy OF tho United states contained In the Re-
vIsei Statutes. The Navy Department has also
prepared special pamphlet containing them, and
also defining what subjects within the jurisdc
tOn Of general and summary courts-martial.
An act o. Congress provides that Navy general
court-martial may he convened by the President.
the Secretary ~ the Navy or commauierin-chief OF
a fleet or squadron: but no commander OF feet
or squadron In the waters OF the United States
may convcnc such a court without express author
iiv from tho President.
Tho regulations governing general court-mar
tal contain ninc;y-seven articles or paragraphs.
AMI thcv specify that such shall consist OF
not more than thirteen nor less than i've commits
Stored officers members In addition. there Is
JuGEc-Aivocate. himself officer 81 the Navy.
VINO. IN his military character. IL responsible for
the proper dscharg, of his duties to the converting
authority he is the Official prosecutor Of the Gov
eminent. ana IN certain cases must advise the
cusci He is critically examine the charges.
record the proceedings ~ the court. administer the
required oath % members. advise the Cour, in all
matters % form and law. object to the admission
%, improper evidence. point to the Cour; irree-
vaucy % any testimony that may be adducei etc.
In nr.e, Dc mus; not only bc familiar WIKI navga-
don. gaaaory. naval and military tactics. etc. but.
as JllseA !yocate. ne must be A lawyer
THE QUESTION or \ PROSECUTOR.
II has many times been subject o, serious con
sheraton 70 whether ofnccr u the Navy. one
who NAV be ~ the same corps Of IA" same grade.
IN fact. % the same class. ami who may have been
an associate on duty Win the officer under trial IL
a proncr norson % ace a. Juige-AI vocate on
general cOlrt-mariil. To- say nothing OF his prob
able inennc.encv as "A lawyer Upon the LEGAL abl-
iy Of such an or,rial - -Ich cour, the interest
81 tho Government. as VOL az the officer or en-
llsicl man who is being fr"i - largely depend
en-. and while IL ls admitted that ms training AZ
TIE m.ll,ar. or naval academy mdv have made him
perfect In al h. branches - h.s service. It is not
10 his dscrcili 20 assume that h. may not be an
,spcrt In The intricate profession of law.
II was IN 1851 that Congress passed the act direct
ing that the appointment 81 .'ulge-Adyocate GEN
,tI. frnp n.e ~ he
Navv. Prior 70 that time the office was held by
LAWYERS - prominence. and Senator Chandler was
for n short time solicitor and Judge Advocate Gen
cral usi before the change was made
The laws and regulations covering courts-martial
IN Euroncan countries 10 no, show that such duties
and RESPONSIBILITIES are imposed upon their military
or naval officers. but the places Of Judge Advocate
General and also OF Judge Advocate hllcd by
trained lawyers having no other connection with
tho military naval scrvlca.
The rules governing the admission OF evidence at
courts-martial are defined bv the Revised Statutes
and acts OF Congress passed subsequent TO Decem-
Der l. ls73. The evidence on the part Of the prose-
cution must he FIRST taken. and after the prosecu-
ton liz closed further evidence on its part can
be admitted. except by special permission or the
Court. The defendant s permitted. at his own re-
quest but otherwise. To testify In his own be-
half but his failure to make such request shall
not create any presumption against him. The same
rules govern the evidence on the part OF the de-
fence as those that govern the prosecution The
accused man may make his defence orally or in
writing and the JuigeAdvocate. as the prosecutor.
has the right reply the defence. orally or in
writing
REACHING THE VERDICT.
| When the has finished the trial and closed
the doors OF the room against all but its members,
1t examines the evidence and arguments and votes
upon each specification Of each charge separately.
The vote OF the members is made in writing upon
/ IL tod. IN
how his associate has voted. nor Is a written rec
ord OF the votes kept. except by unanimous vote
OF the court. The court must deliberate and con-
slider until a majority agrees upon "A nndlnS. Thch
the members vote upon the punishment 10 be IN,
nicted. after the same manner as they have voted
upon the specifications OF the charges. II the
requisite number shall not have agreed upon the