Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-05

COuFIS-martlai.
You viii we'll and truly try and deter. ter.
NINE according to. evidence, the matter
Maine oe and tt YOU between the state Of
that YOU will duly administer Justice.
without Partially, favor, or affection ac-
and and articles for the government Of the
military forces of this state, and if any
doubt should arise, not explained by said
SCIENCES thu men hes acc 60 to your con
and the customs of war in like cases,
and You do further swear or affirm that
court until it shall be published by the
proper authority. except to the judge
advocate; neither will you disclose or dis
fcmlar tne e vote Or opinion Of any par
less required to give evidence thereof,
as witness. by court Of justice in due
%rtee OF S. whsn asp o y9S ar arma
ton, has been administered to the mem
bers OF a court-martial, the president Of
the court shall administer to the Judge
an oath; or affirmation, in the following
form: You; A. T., do swear, or affirm,
that you will not disclose or discover the
Der of the. court-martial, unless required
to give evidence thereof as a witness by
court i' Of justice IN due course Of law;
any but the proper authority, until it
shall be duly disclosed by the same.
Article So. A court-martial may punish.
at discretion. any person who uses any
menacing words, signs, or gestures in its
presence, or who disturbs its proceedings
by any riot or disorder.
Article 81 All members Of a court
martial are to behave with decency and
calmness.
-. Article SO. Members of court-mar-
tial may be challenged by a prisoner,
but only for causes stated to the court
The court shall determine the relevancy
a nd Oh v,nt
challenge to more than one member
at a time.
Article 49, When a prisoner, arraigned
and deliberate design, stands mute or
answers foreign to the purpose. the court
may proceed to trial and judgment as
Article 90. The judge advocate or Some
person deputed by him. or by the gov
ernor, or general, or. officer commanding
place, regiment. separate squadron or
battery shall al in the name Of
consider himself counsel for the pris-
oner as to object to any leading ques-
ton to any Of the witnesses and to any
which might tend to criminate himself,
Article 81. The dispositions of witnesses
residing beyond the limits of this state
may be taken and read in evidence as
provided by the laws OF this state.
Article 50. All persons. who give evil
dence before court-martial shall be ex-
amned on oath or, affirmation, which
shall be administered by. the judge adj
vocate in the following form:
Your swear, or affirm; that the evil
hearing shall be the truth, the whole
truth, and N nothing but the TRUTH So
Article 80. A court-martial SHALL for
reasonable cause, grant a continuance to
either party for such time and. as often
as may appear to be just; provided. that
tI,f MIG 70 N r m
the trial shall not be. delayed for period
Article g. Members Of a eourt; mar
Article %. No officer shall be dis
charged or dismissed from the service
sentence Of general court.martial :,
missed from the service. for cowardice
or fraud the sentence shall direct that
the crime, punishment name and place
of abode of the delinquent shall be pub
lshed in the newspapers in and about
the state and in the county in which the
offender lives or where. he usually re,
sides and after such publication it shall
be scandalous for an officer to associ-
ate with him.
Article 101. When a court-martial sus-
ponds an officer from command, 1t may
also suspend his pay and emoluments
ture of his offense.
Article 1902. No person shall be tried
SECOND time ne for the same s6 oen BE liable
to be tried and punished by a generai
court-martial for any offensee which APP
pears to have been a. mere order
for such trial, unless by reason OF hav-
ing absented himself, or of some other
been amenable to justice within that
period.
by court-martal for desertio On n n time me
envy, committed more than one year pc
fore the arraignment of such person Tor
such ofense, unless ne s sran tha state
in which case the time of his absence
shall be excluded in computing the period
limitation shall not begin until the end
of the term for which said person was
mustered into the service u.
martial shall be carried into execution
until the same shall have been approved
by the officer ordering the court, or by
the officer commanding tor the Tune De-
Article 1O6. No sentence of court,
martial respecting a general oncer, anu
the dismissal of any officer. shall be
carried into execution until it shall have
been confirmed by the governor.
martial may be confirmed and carried
into execution by the officer ordering the
court or by the officer commanding Tor
the governor is not required by these
articles.
Article 112 Any officer who is author
lied to confirm and carry into eXecu,
ton the sentence of a court-martial shall
have power to pardon or mitigate any
punishment adjudged by it,. except the
punishment OF dismissal of an ofhcer;
and the governor shall have power to
pardon or mitigate any punishment ao-
Judged by any court-martlal
Article lis. A court of inquiry TO eX-
anime into the nature of any transac-
ton of. or accusation or lmputation
against any officer or soldier may be
ordered by the commander-in-chief, but
such courts of inquiry shall never be
ordered by any commanding OFFICER eX-
cept upon n demand by the officer or
soldier whose conduct is to be IN
quired of. sho,,
consist Of one or more officers. not eX-
ceeding three, and a recorder TO reduce
the proceedings to writing.
Article III. The recorder OF court
of inquiry shall administer to The mem ,
bers the following oath: You snail wei
and truly examine and INQUIRE, accord
ing to the evidence, into the matter now
before YOU without Partially. favor, az
lection. prejudice or hope of reward 80
helm YOU God After which the pres
ident of the court shall administer TO
the recorder the following oath: you.
A. r.. do swear that you will according
to your best abilities. accurately and nm
partially record the proceedings OF the
court and the evidence to be given IN