The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-26

$4,000 " 81" the one daten DeCeHoN' -
received a reply giving me authority
either in a letter or an endorsement to
| a letter. and accordingly I appointed
general courts-martial. Whether the one
| In question ~ the first one under this
authority i do not know. The corrt-mar-
tial whose conduct is being investigated
was appointed by me under General Or
der NO. ., as 1 considered and construed
Colonel Males reply to me as giving me
that authority. II is not my opinion now
that / have the right OF appointing a
general court-martial Of thirteen mem
| bers. This was an error which I only
| discovered after my attention had been
| called 10 1t by the Governor As / under
| stand It now, there could not be a legally
constituted court of nine members. IL
| does. therefore. follow that this court.
which. ii appears. had nine members, was
illegally constituted, If convened under
General Order No. s.
1.-The proceedings as they came to me
were the only evidence which 1 had as to
action Of the court, and / considered that
a disObedience of orders, and so informed
the members"
The court then adjourned until O'clock.
THE EVENING SESSION.
At the reconvening of the court last
evening the recorder stated that he had
Just received through the mail the papers
in the case of Private G. w. DePriest
for which Colonel Male had been tele-
graphed to. The letter explaining the en-
closures sets forth that Colonel Sale in
May last received a communication from
the commander OF the First Regiment
containing certain charges against Private
f.. G. Mayo preferred by Lieutenant Nor
gan Il. Mills. The letter also explains
that this letter had been returned to Colo
mel Jones. with the endorsement that a
court-martal for the trial of this case
would be ordered, and its members ap-
pointed by the colonel of the First Regi-
ment.
Colonel Jones then continued his testi-
mony in the following manner:
In case that the reviewing officer does
not approve of the findings of the court
he either issues an order to that effect,
or he may return the papers with some
directions. In a case of the character
OF the one under consideration the usual
course of the reviewing officer would be
to return the papers to the court with
instructions to proceed | did not do so,
but called the officers together to obtain
more fully than the record showed the
reason for the action
At this juncture Captain Anderson ask
ed permission TO interrupt the testimony
of Colonel Jones, in order TO Introduce
the testimony OF Lieutenant Carbang OF
the United States Army. who for four
years had been judge advocate in two de
partments of the army, and who happened
to pass through RichmCnd on his way to
Washington. and had been induced TO
stay over, 50 as TO state the practice pre-
vailing IN such cases in the army.
The court decided. in view Of the fact
that the largest latitude might be allowed,
to grant the request The examination
OF Colonel Jones was therefore suspended
and Lieutenant Carbang called in. who.
after having been duly sworn, made the
following statement:
LnUrENANT cARBANG's VIEWS.
"Am first lieutenant II. c. Cav. Co.,
Fifth Artillery, u. 5. A., stationed at
Fortress Monroe and on duty at the
school there. Have been commissioned
officer for about twelve years; have been
"A member of cOurt-martials. and have
been Judge advocate Of the department Of
Texas for three years, and of Dakota for
one year Under the law and articles of
war, the commander Of separate army,
commander of a department and colonel
Of a department would have the right to
call a general court-martIal in times OF
Ueace. but not colonel of a regiment;
in times Of war, the commander OF a brig
ade division or army would have the
right to do so.
IF Il colonel Of regiment should APP
point a general court-martal of thirteen
members and a judge advocate, 1t would
be the duty Of the officers of the court
TO disobey the order. | am lawyer In
the courts of New York, District of Co
lumbia, and am the author of a work
on marital law, which has been endorsed
by Judge Cooley"
When asked by the Court witness said:
THE court may al any time pass reso-
luton as to illegality. The suggestion
may come from any member OF the court
or the judge-advocatc, whose duty 1t is
TO act strictly within the law. If the
papers should be returned with instruc-
tons TO proceed the court should still
disobey the order If they, however,
should proceed they would do 50 illegally
if they were right in the
stand which they took at the
beginning. The only thing for the
appointing power then to do would be to
either proceed against the officers for dis
obedience OF orders or TO drop the whole
matter
Witness was then handed the papers
containing the proceedings of the court
martial in question. and requested by
Leutenast Gerhardt 10 read them crit
ically. with a view to answering questions
put to him from time to time as 10 where
in the proceedings deviated from the man
ner prescribed by law.
Witness then said: THE paper departs
from the practice Of the United States
army In that it is issued from headquar-
ters of a regiment and is signed by the
colonel; II fails to state that II Is 10 sit
REGARDLESS TO hours. and TO set an imme-
date example. The record shows that
certain officers were accused. which IS
not admissible. The paper fails to state
the hour of Adjournment, otherwise |
think II is substantially correct.
THE procedures are governed by the
statutes and customs of the service. When
the words "courts-martial' were used IN
the articles of the war or army, they
mean courts collectively The difference
of a general court and minor court are
constituted by the appointing power and
the number Of members OF the court
There are now in vogue in the army in
times Of peace general, reg-mental and
garrison courts-r-artial and summary
courts; garrison c0.rt-martial is resorted
10 In gairlsons OF a mixed command;
regimental court-martial is seldom used
and only for regiments.
he summary court consists of one
man; the regimental. or garrison. court
three men and the judge-advocate The
general court would have to consist OF
from five to thirteen men and a Judge
advocate. The best time TO raise an oh
lection 10 the constitution of the court
would be Just as soon as it is noticed
LEE C5U" BELJINC
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