The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-10-15

COufG III Gno lHuQi DuG tue m1llCdry c0urt
does not regard escape from justice by
ileges allowed by law as one Of the
rights of the accused.
In court martial there is no grand
Inottty points Of law. No. appeal is
possible, except to the reviewing. au-
thority, who has the full record. Above
al, there are no technical delays. AS
performs the functions Of the grand
jury. He investigates to the bottom,
and if there be crime he formulates
charges with inevitable certainty. If
there is no inspector, the local COM
mander, or any other officer having cog
nizance of the facts, makes the in
Yesgst sasa and hdn the charges
and exactness, so specifying time, place
and event that the accused can intelli-
gently reply to the charges. He can
either admit, deny, or explain; and,
being able to do SO, he is required to
do so at once, without paltering or evad-
ing the points. at issue. II he tries
either course, his plea is simply put
down as "Not Guilty." and tie trial
proceeds. .-."
The members of the court are abso-
lutely impartial, for the accused has
and every one Of them. This insures an
impartial hearing. They are all compe-
tent in law, for every officer is required
to be thoroly familiar with the laws
governing the army and with the rules
of evidence. The size Of the court is
from five to thirteen members, and in
all important cases the full number is
used. This insures diversity Of opin-
ion and the weighing of evidence from
sassa has the . ssshs to to sSmPu,so1s At
tendance Of witnesses who can testify
In his favor, and the right to legal ad-
vice by expert counsel. These rights
insure fair presentation Of all points
in favor Of the accused.
There is no prosecuting attorney, bent
upon the conviction, right or wrong, Of
the accused. In his place is judge
advocate whose duty is to do justice,
both to the accused and to the govern
ment, by presenting the facts, impair
tally and temporarily, before the court.
It is his sworn duty to see that the ac-
legal rights; and any attempt to sup
press evidence in his favor or to rob him
Of any legal right or privilege, would
promptly subject this officer himself to
trial on charges Of conduct unbecoming
to an officer and a gentleman. Conyic-
ton on these charges would dismiss him
dishonorably from the service.
Finally, the court considers the case
in secret, under oath not to divulge the
opinions or sentiments of any member
thereof except by due process of law.
cussion Of every phase Of the case BY
the members Of the court, and delib-
crate expression Of the collective senti-
,ment. of the court in its finding. The
reviewing authority Is strictly limited
by law not to increase the penalty by
the court; and if, in any exceptional
case, a punishment may have been i'm
the court, the excess was either illegal
or by the exercise Of authority other
wise vested, and not by the authority of
a reviewing officer, as such. The prin-
ciple of law that limits the reviewing
authority to approval, disaPprosal OF
SO well established as not to pc In the
slightest degree OF danger OF subVer'
sion. r.sy
The most striking thing about mill
tary courts is that illustrated in the
Of their procedure. They are absolutely
free from technical delays and legal
bubbles. An innocent man, with any
facts in his favor, has nothing to fear
from court martial, for it requires evil
dence which will convict "beyond a
reasonable doubt" and give the benefit
of that doubt to the accused. A guilty
man might as well prepare to suffer his
punishments, for guilty man rarely
escapes prompt conviction and sentence,
if brought to trial before a military
court.