The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-07-03
Their Composition, Jurisdic-
ton and Organization.
SYNOPSIS OF THE LAW
GOVERNING COURTS BY WHICH
MILITARY MEN ARE TRIED.
A JUDGE ADVOCATE AND HIS DUTY
The Character and Grades Of Punishment
No fogging, Branding Marking or
Tattooing Allowed.

Tattooing AlloNe1.
Courts-martial are composed of com
missioned officers, superior i'll rank to the
accused. In the United States military
service the authorized courts-martial are.
1st The General court MARTIAL; 2nd,
the Summary Court" Bird, the Field
Officers Court" 4th, Garrison Court
Martial;" 9TH, the "Regimental Court
Martial" si
The. General Court Martial" such as
is now in session ut Camp Dan Russell,
is the most important and may be APP
pointed or convened by any general Off
Ger commanding IN army, or territorial
division or department. lie may dls-
solve it and control its existence, but
cannot interfere with the subject matter
of its deliberations 1t may consist OF
any number of members from hVe TO
thirteen. inclusive, and Il Judge-Adv0-
cate. but of not less than thirteen when
that number can he convened without
manifest injury to the service. W hen,
in the course of trial. the court Is
reduced i'm number by reason Of alb
sence. challenge or the relieving of mem
bers. it may proceed as long as i've mem
hers remain. When from any cause 1t
is reduced below the minimum, the judge
advocate reports the fact to the CON
venng authority and further orders are
awaited. In such case. if the trial has
not been entered upon. new members
may be added but if any testimony has
been taken the court is usually dissolved
and new one ordered.
Courts-martial have exclusive jurisdic-
ton to try for acts constituting military
offenses only, and also jurisdiction to
try for acts which. besides constituting
military offenses are also civil offenses.
In the latter the military ordinarily gives
precedence to the civil court, but when
an officer or a soldier has been arraigned
before a duly constituted court-martial
for an offense triable by it, the jurisdic-
ton thus attached can not be set aside
by the process of a State court. All of
lenses punishable capitally are exclu
sively within the jurisdiction of the
General Court Martial, as well as muir
der, larceny, rape, and other civil crimes
when committed in time of war. Over
other offenses the General Court Martha
has concurrent jurisdiction with the III
feri0r courts.
As regards persons, courts-martia
have jurisdiction at all times and in ali
places. over officers and soldiers of any
troops. whether militia or others. mus
tered and in pay of the United States
over officers and soldiers of the marines
when detached for service with the
army, over persons who fraudulently en-
list in the service of the United States
and receive pay or allowance Hereunder
and over offenders. in general. to whom
owing to the commission of Il crime
military jurisdiction has legally attache,
las by an arrest or conference.-the
fore their discharge from service. This
jurisdiction over persons in the military
service covers all military offenses com
mitted by them, whether within or be
yond the territorial jurisdiction of the
United States. Military offenses are no
territorial.
The authority appointing a courf-mar
tial designates the place tor holding th'
court. the hour of meeting, the members
of the court and the Judge Advocate.
A general court martial assemblies, a
its first session. in accordance with th,
order converting it: thereafter, according
to adjournment The members wear full
dress uniform with their swords, eX
cept in Indictment weather, when tn,
president of the court may authorize I'M
dress uniforms; the judge advocate ap
pears in undress uniform without tn;
sword: the counsel, if an officer on non
commissioned officer, appears III fni
dress; if a private, in undress, and /:
without arms in any case. Military wit
nesses wear full dress, with their swords
or side arms. The accused should no
be brought before the court in irons, un
less there are good reasons to believe
that he will attempt to escape or con
duct himself in violent manner: bu
the fact that a prisoner has been triet
in irons cannot, III any case, affect tn
validity of the proceedings.
When the court is ready to proceed thu
members take seats ut II table provided
for their use; the president sits at th,
head of the table and the other mem
bers at his right and left alternatel,
according to rank. The JudgeAdvo
cate sits at the foot of the table or a
a separate table, and the accused ant
his counsel mt a table provided foI
them in a convenient position. While
courtmartial has no power to punish it;
members, yet Il member is liable fol
improper conduct as for any other of
Tense against military discipline. Ii
voting, the members begin with the
youngest in commission, but in all de
alterations there is equality.
The Judge Advocate prosecutes the &C
cused in the name Of the United States
but, when the prisoner has made hi
plea, he should, so far consider himsel
counsel for the prisoner as to object t.
any leading question TO any Of the wit
nesses. and to any question to the pris
oner the answer to which might tend t
eliminate himself. 1t is his duty befor
the trial to acquaint the prisoner witt
the accusations against him. inform
him of his right to have counsel and 4
testify in his own behalf. and furnish
him with a copy Of the charges, if de
sired. During the trial he conducts TIN
case for the government, executes al
orders of the court reads the cOnvenini
order to the accused. administers tn
oath to the members of the court and al
witnesses; arraigns the accused, exam
ines witnesses; keeps or superintends tn
keeping of a complete and accurate rec
ord of the proceedings and affiXes hi
signature to each days proceedings
In conjunction with the president, h