Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-11-24
MARTIALS
GIVE SOLDIER
SQUARE DEAL
rBv Associated P.sssl

SAN FRANCISCO, Cal, Nov. 10
Court martials, of which more or less
will be heard while the nation is at
war. we're described here today by an
army official as the army's way OF
seeing that the soldier gets a square
deal They are trials with all legal
red tape left out and every oppor.
trpitv is given the defendan to put
In any sort Of evidence he thinks
Will better his case. They take into
consideration every aspect Of case,
always with the view Of protecting
the rights of the enlisted man.
The court is composed Of from five
to thirteen commissioned officers of no
specified rank. 1t is headed by
president. The members Of the court
wear their side arms and service
uniforms. The hearings are usually
open to the public.
The court is intended to be an ab
solute bar to any unjust penalization
of men by superior officers. sIf a man
denies an offense Of which he is &C
cused by his company commander, the
commanding may not arbitrarily pun
ishg the man, but must leave 1t to
the court. No man can be sent to
the guard house, or deprived Of his
nav. without action of the court. The
seFerest penalties that can be inflict'
eds on him for an offense which he
admits, and which Is not grave enough
for court action, are kitchen police.
added fatigue and confinement to
post.
There is no appeal from the final
verdict of the court after that verdict
has been approved by the command
ing general. The accused may ask for
clemency from the commanding gem
era, the Judge advocate general, the
secretary Of the war or even the
president, but a case is never re-:
viewed.
Court martials are conducted &C
cording to the Articles Of War" a
decided revision Of which became ef'
feetive on March 1. Different punish.
ments are noted for the same offense.
Fer example, if man goes to sleep
on post in the Preside military re-
sefvation here, or any place away
from the front. he may only be de-
priyed of a portion of his pay and his
liberty for a certain period of time.
But if he goes to sleep while watch
ing an outpost in mo Mans Land"
oriany other place along tn efighting
frrnt, he may be executed by a firing
sqAad. Different punishments also
apply to assertions from the fighting
front and assertions from other
points.
ANYONE may bring a charge against
a Soldier, The accused is given a
VIE latitude in the presentation of
evidence and the choice of counsel. If
he cannot pay for civil counsel the
court must appoint a we'll qualified Of
fieer to defend him. If no such Off
Ger is available the judge advocate or
who conducts the case
against him, must also conduct his de-
tense. 4
"A unanimous verdict Of the court
Isl not necessary to convict. A ma
ioPity may find against the defendant.
A Iwo-thirds vote is necessary for the
of the death penalty,
The findings Of the court and the
penalty are reviewed by the advocate,
who makes any recommendations he
may see fit and then sends all rec.
ords and information to the command
ing general, who is the ultimate judge.
The latter may reverse the whole
fiRdings and verdict, or he may mod
crate the punishment. However, he
can never add to the penalty or change
it's. nature
Because soldiers live in close con-
tact with each other, theft and other