The times., 1899-02-05
COURTS MARTIAL
AND THEIR RULES
Regulations Governing Mill
tary Tribunals.
Their Power Defined by ict Of
Congress.
The Judge Advocate Acts Both us
Prosecutor and Counsel for
the Accused.

Commissary General Charles P. Eagan,
who, during his testimony before
the Alger Relief Commission as
sailed the truthfulness of certain state
ments of his commanding officer, Major
General Nelson \. Miles, made before that
body, and applied vile epithets to the lat
ter, made himself amendable TO trial by
court-martial. Article 20 of the Articles
of War, which says that ANY officer or
soldier who behaves himself with disre-
spect toward his commanding officer shall
be punished as a court-martial shall di-
rect, applied TO General Eagan's case, as
does also article 81, which reads: Amy Of
fcer who is convicted of conduct unbe-
coming an officer and a gentleman shall
be dismissed from the service"
The regulations governing the conven-
ing OF court-martiai read: Any general
officer commanding an army, a territorial
division, or n department, or a colonel
commanding separate department, may
appoint a general court martial whenever
necessary. But when any such commander
Is the accuser or prosecutor of any officer
under his command the court must be ap-
pointed by the President"
Courts-martial are composed of COM
missioned officers only. a general court
martial such as convened to Try the case Of
General Easin may consist of any number
of members, from five to fifteen, inclusive.
and judge advocate.
II is customary when an officer COM
mits any crime or infraction OF discipline
making him amenable TO trial by court
martial that he be relieved of his duties
and sword and placed in arrest, being con-
fined either TO his quarters or TO a pre-
scribed district. Close confinement is not
enforced except in cases of a serious ma.
ture. When an officer is put in arrest it
is the duty OF officer by whose order he
was arrested TO see that copy of the
charges on which he is to be tried shall
be served upon him within eight days after
his arrest. and that he is brought TO trial
within ten days thereafter. Should the
necessities of the service prevent the trial
within that time he shall be brought to
trial within thirty days after the eXpira-
tion of the ten days.
Courts-martial derive their existence
solely from the acts of Congress, and their
jurisdiction is limited to the maintenance
Of military discipline. Courts-martial have
Jurisdiction. at all times and in all places.
over officers and soldiers in the service of
the United States. and this jurisdiction
covers all military offences committed by
them. whether within or beyond the ter
ritorial jurisdiction OF the United States.
A military charge corresponds to civil
indictment 1t consists of the technical
charge, which designates the alleged Of
fence in general terms, and the specilca-
Jion, which sets forth the facts constitut-
ing the same. 1t is not necessary that the
specification possess the technical nicely
OF an indictment at common law. All that
is sufficient is a bare statement of facts,
distinctly and accurately describing the
legal offense.
When a general court-martial assemblies
the members appear in full-dress uniform,
with their swords, except in inclement
weather, when the president of the court
may authorize undress uniform. The judge
advocate appears in undress uniform with
out the sword, and the accused. II an officer
or On-commissioned officer, wears full
dress.
When the court is ready to proceed with
case the members are sworn, and then
take their seats at a table. with the presi-
dent at the head and the other members at
his right and left alternately. according TO
rank. At the foot OF the table the judge
advocate takes his position, or, if more
convenient. at 4 separate table. The presi-
dent, whose duty it is to maintain order
and conduct the business Of the court, is
always the officer highest in rank present
and detailed for the duty. He is sort OF
a chief justice, as it were, and administers
the oath TO the judge advocate and authen-
ticstes by his signature all acts orders,
and proceedings of the court requiring it.
II is the duty Of the judge advocate TO
prosecute in the name Of the United States.
When the prisoner has made his plea he
shall so far consider himself counsel for
the prisoner as TO object to any leading
question to any of the witnesses. and to
any question to the prisoner the answer of
which might tend to cTiminate himself. In
addition TO this it is the judge advocate S
duty to acqualnt the prisoner with the ac-
cusaticns against him, inform him OF his
right 10 have counsel. and to testify in his
own behalf. He may also ascertain from
the prisoner how he intends TO plead. The
regulations further provide that the judge
advocate shall. besides conducting the ease
for the Government. execute all orders OF
the court swear the members of the court
the reporter, Interpreter, and all witnesses
arraign the accused, examine witnesses
keep or superintend the keeping OF com
plete record Of the proceedings, and afize!
his signature 10 each days proceedings
With the president Of the court, the judg'
advocates authenticates the records will
his signature, and at the end of the tria
transmits the result to the convening au
fhority The judge advocate should op
pose every attempt to suppress facts o
torture them into false shapes. When th
prisoner Is ignorant anu NllAoul COuuSel, !
Is the duty OF the judge advocate to se
that he does not suffer from any ignoranc
or rnisconception of his legal rights. H
has full opportunity TO interpose such plea
and make such defence as may best brini
out the facts. the merits, or the eXtenuat
ing circumstances in the prisoners case
For reasonable cause, the court ma!
grant continuance 10 either party. Whel
practicable an application for extended de
Law will be made to the authority conYen
ing the court. When made to the cour
and found TO be well founded it is referre
10 the convening authority to decid
whether the court shall be adjourned o
dissolved After the court has been prop
erly organized and both parties are read
10 proceed with the trial, the judge advo
cate reads the charges, and the prisone
is asked 10 plead guilty" or mot guilty
10 each, as he may desire. Even in tn
case of plea of guilty the accused is al
lowed TO offer evidence in mitigation of III
offence charged The regulations permi
the accused. when testimony is heard afte
plea OF guilty" to cross examine tn
witnesses. produce evidence TO rebut thei
testimony, offer evidence as TO characte
and address the court in extenuation of tn
offence or in mitigation of punishment. o
the plea of mot guilty" or in case tn
accused fails to plead, the trial OF the cas-
proceeds.
Instead OF pleading TO the general is
Sue. say the regulations. the accuse
may plead in favor of trial, either to th
jurisdiction, by denying the legal right {
the court TO try him, or he may make
special plea TO any specification, presentin
reasons why he should not be tried on 4
The burden of substantiating such plea
rests on the accused. II the plea of bar {