The Savannah morning news., 1901-08-19
SAVANNAH GA. MONDAY. AUGUST 49, 1901

court has authority to decide whether
the Investigations shall be held in open
court or not. The judge advocate Is
prosecutor in the case, but the COM
plalnant or accuser Qf there be any
may be allowed to remain in court and
make suggestions to the judge advo-
cate. The parties before a court of in
qulry, both the accusor and the defend
ant, may be allowed to have friends or
counsel present during open court. A
court of inquiry may avail itself of the
services of reporter or interpreter,
but such person shall be sworn, and
shall not be allowed to be present in
closed court
1t is just here where the conclusions
to the course of procedure is officially
explained. In olden times before ex-
pert stenographers were always to he
had, it was the custom before courts
of inquiry to require all questions to
witnesses to be submitted in writing.
That tiresome and more or less unsat-
isfactory practice was necessary in or
der to preserve the official records. Now
expert stenographers report in detail
the proceedings, so that examinations
are permitted without the ancient Gus
tom being introduced to retard the
progress of the investigation. The tes-
timony is taken down in writing, and
so far as the nature of the case will
permit, the rule of procedure to be fol-
lowed as in general courtsmartial.
Each witness is examined il the usual
order.
First. By the party calling the wit
ness.
Second. BY the opposing party.
Third. By the court.
The evidence on the part of the pros
ecution is to be first taken, after which
the accused shall be asked if he has
anything to offer on the subject or any
evidence to produce. The accused shall
be allowed, if he so desires, to testify
in his own behalf, but he may decline
to answer any questions which tend to
criminate himself. 1t is also optional
with the accused to abstain from put
ting any questions to witnesses, either
on examination in chief or on cross-ex-
animation; but he is equally at liberty
to decline making any statement to the
court touching his alleged misconduct.
In case, however. the accused should
think proper to lay before the court a
general statement or defense, he is
strictly forbidden to publish it or cause
or permit it to be published, until ac-
ton shall be had in his case. Neither
the accuser nor the accused can demand
a copy of the proceedings. The evil
dence, of whatever nature, is intended
only for the officer convening the court.
Pleading Unlimited.
The examination of witnesses being
finished, the parties before the court
are allowed an opportunity of address,
ing the court if they desire to do so.
This is where Admiral Schely's attor-
neyS will get in their oratorical effort.
At the Navy Department it is said that
the widest latitude will be given to all
parties interested to present to the
court all the facts involved in this re-
markably interesting case. Hearsay
evidence will not be permitted, but Of
fetal records, actual statements and
such testimony as is permissible under
the general rules of evidence will be
allowed.
After mature deliberation on the tes-
timony recorded on the trial, the court
shall proceed to report the facts, and,
If so directed an opinion on the merits
of the case, and the propriety and ex-
pediency or otherwise of further &C
ton. The proceedings may be revised
as often as the convening authority
shall think necessary. and new evil
dence may be received and recorded for
every such revision; and on the re-as-
sembling of the court, it may recall
and re-examine any of the previous
witnesses with a view of eliciting all
possible information of which the case
admits.
AS expressions of opinion by a men,
ber of the court of inquiry might pre-
judice the accused party in the case
of trial by court martial, it is held to
be highly irregular and breech of dis
cipline on the part of any member, to
disclose or publish the opinion either
of the court or of the individual men,
berS thereof without the sanction of
the officer to whom the proceedings
have been submitted. Thus it will be
seen that according to the naval regu-
lations there will be ample opportunity
for the cross-examination of witnesses
by Rear Admiral Schley's counsel, and
in view of the universal interest mani
tested in this case, every facility will
be afforded for giving the widest pub
licity to the proceedings.
If the present intention to hold the
court at the Washington navy yard is
carried out many persons who would
otherwise like to attend may be de-
prived of the privilege. 1t is located in
a somewhat inconvenient section of the
city, the facilities for handling press
matter will have to be largely reinforc-
ed, and the temporary accommodations
for the personal comforts of the men,
bers of the court, and those attending
the proceedings, must necessarily be
crude and somewhat restricted. It Is
understood that passes to a limited
number will be issued to those who at
tend the proceedings, either as workers
or curious spectators. By being obliged
to pass through the navy yard gate to
reach the improvsed court room, it
will be quite easy for the marine guard
on duty to regulate the size of the
crowd.
PRETENDER AT WORK.