New-York tribune., 1901-09-29

army and navy law affairs An officer in the
navy who has taken part In many courts Of in
qury and courts martial IN speaking OF the
navy court martial said: 1T is organized and
conducted in the same manner as an army
court martial. and the who is being tried
gets what ne deserves just as well as In the
army and a great deal quicker"
The navy differs from the army In so far
hat its department. of law is. with one ex-
ccptiou IN the hands of civilians. There is
Judge advocate general who may be either
naval or marine officer His rank Judge
advocate Is captain II a naval officer. or
colonel II ne belongs TO the marine arm or the
service His assistants civilian lawyers.
In the army the judgc-a advocates department
is represented At every important post. and
soldier lawyer is at the disposal OF every COM
manding officer. on board ship at naval
station the commanding officer selects one Of
his subordnates 10 perform the duties OF judge
advocate and such men are considered com
petent to hll the place because they are sup
posed To bc familiar with the navy Blackstone.
which is the book of regulations.
4 general naval court martial be or
dered In the United States only by the Presi-
dent or the Secretary of the Navy. AT foreign
stations the comman nder in-Chief of the squad
ron has the power to convene general court
martial \ general court martial must have
at least five and not more than thirteen mem
h, rs. all commissioned officers. exclusive of the
iudge-advocate who is the prosecuting attor-
ney If the officer to be tried is member of
the marine corps. medical or pay officer. at
least one-third of the members Of the court are
usually selected from the same department as
the accused officer. general court martial
NAV he held afoat as well as shore, and
when ship is the scene OF such gathering
the captains quarters usually become the
hA
| the court becomes its presiding officer, and the
other members take their places N keeping
with their rank The provost marshal of the
court if II is general court martial must he
an officer not above the grade of lieutenant in
the navy or captain in the marine corps. In
ordinary courts martial for the trial of petty
or n-commissioned officers. non -cominis-
stoned officer Of marines a petty officer in
the navy may act provost marshal. The
regulations provide that the courts De held
lin a convenient part of a ship or navy yard
/ and that the sessions shall he public" A naval
! court martial must take place under the
American flag. This has been clearly laid
down In the regulations which provide that q
place subject TO foreign Jurisdiction cannot
be selected for the holding of a naval general
court martial The accused may have counsel
either in the person of officer or civilian
LAWYER The same paragraph in the regua-
/ invited at naval courts martial. Unless by
special authorization OF the convennG author
/ itv'' saws Section No. 1878. "a stenographer
/ is employed to record the proceedings of the
court no person except the judge-advocate and
/ the accused shall be permitted TO address the
court or to interfere in any manner with the
proceedings; and except when a stenographer is
authorized as above stated, all communica-
tions. motions and questions shall be in writ
ing Permission to address the court orally
NAV. however. be granted to counsel for the
accused by the court
When the trial has been concluded, the pre-
siding officer puts the question: rs the accused
guilty of the charges?" Guilty in a less de-
gree than charged?" Not guilty?" The
members, in answer. write: Guilty" Not
guilty" or Guilty in a less degree than
charged" on slips their signatures and
hand their votes to the presiding ofncer. The
members of the court also write on slips over
their signatures their decision as to what pun
ishment shoid be inflicted on the accused
IL a comparison of these votes shows tna'
majority has not agreed on the nature ana ue-
gree of punishment the president begins WIN
the miidest punishment that has been susses'eo