The times. [volume] (Washington [D.C.]) 1897-1901, 1898-03-13

The court NAV seek the judge advo-
Gates opinion on the point of law. He
may not know any more law than the
court, nevertheless his advice may be
taken; vet he is legally responsible TO
no one for his opinion. 1t may be urged
that the court has only TO follow the law.
If so. two difficulties arise; first, mill
tary law is not all laid down. and. second.
if it were. Adye's observation Is in point:
although the laws most justly
may be said TO be founded in equity, ii
must be universally allowed that they are
not so plainly laid down but that a man
with the most equitable Intentions may
inadvertently swerve fro-I them" EX
perience has taught that all men. and
therefore all officers. cannot inStinctively
determine the general laws of evidence.
and that unfortunately all men are not
possessed of sufficient common sense. eX-
perieHce, and sound judgment to apply
them properly. The rules of evidence are
framed for the discovery of the simple
truth, unconnected with eXtraneous mat
ter. If rules OF evidence are laid down
in civil cases before the common law
courts. when the matter in question may
be forty or fifty dollars, it is much more
necessary TO keep them in view in
court-martial where everything dear 20
the person on trial is involved not only
his property, but his character, his pro-
fession, and. perhaps, his life.
Furthermore, such courts have no
power to compel others than military per-
sons to testify. The judge advocate if
he has a case, may not be able to prove
il. and. worst of ali, the accused. after
being obliged, perhaps, to have all man
ner of irrelevant matter introduced
against him, cannot compel the testi-
mony of those civilians whose evidence
would acquit him. The judge advocates
duties require him either TO prepare or
perfect the charges; he must try the case
and endeavor TO convict the accused; he
must advise the court on questions of
law Though he may be the verieSt novice
HIMSELF, and wonder of wonders. he
must then act as adviser TO the accused
assist him in challenging evidence which
| the judge advocate has introduced 10 Sc
| cure his conviction, etc. 1t is said he
| cannot act as personal counsel To the
| accused. since such a character would
| be incompatible with that Of public pros
| ecutor" All his duties cannot be here
| referred to. 1t is sufficient 10 show some
| of the various duties expected from him
| TO satisfy any unprecedented person how
/ unlikely il is that an officiating Judge
| advocate can he of service in meeting
! and solving the legal difficulties OF his
| position.
And so one might go on: but perhaps
| enough has been said TO show the futiitv
| of the Governments relying on such
| bodies 10 convict the guilty and how
| cruel II Is that an accused who under
| Anglo-SaNOn institutions Is not guilty
until proven 50, should be Obliged Q,
| spend his time. his fortune 10 prevent
his fair name being dragged in the mir,
| by an institution Inherently incapable OI
1 ttfs inst 81
| trial. The recent and still unsettled cas-.
OF Major Wham is one in point 4 con
| gressional committee has reported tht
| this officer was convicted and severely
punished upon absolutely worthless evi
| denCc.