Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-09

said similar courts.
Section 1o3. The rules of evidence in
all courts-martial shall follow in gen.
eral, so far Is opposite, the common law
rules of evidence as observed by the
courts of this State in criminal cases,
but certain latitude in the introduce
ton of evidence and the examination OF
witnesses by an avoidance of restrictive
rules is permissible when it is in the in
terest of the administration of military
justice. The accused shall at his own
request but not otherwise, be a compe-
tent witness; and his failure to make
such request shall not create any pre-
sumption against him
Section 104. Presidents of courts
martial and summary court officers
shall have power to issue, in the name
of Ghe State. warrants directing any
sheriff or constable to arrest accused
persons and bring them before the
have the right to demand the nature and
cause of the accusation against him,
and to be presented with copy of the
charges. He shall have the right of be-
ing heard by himself or council of both
and shall have compulsory process for
obtaining witnesses in his favor.
Section 105. Presidents of courts-nar-
tal and any summary court officer shall
have power to summon the necessary
witnesses for the trial of cases and Tor
that purpose shall have power to issue,
in the name of the State all necessary
subpoenas and subpoenaS deces tecum.
processes to compel witnesses to appear
and testify which courts of criminal jur-
isdiction within this State may lawfully
issue. Such writs and processes may
be directed to any sheriff or constable
whose duty it shall be to serve exc
cute such writ and process when issued
by the civil courts of criminal jurisdlc-
ton in this State.
The attendance of witnesses In the
military service of the State may be
procured by the service of formal sub
poena. or by the order of competent
military authority; and every person in
the military service of the State who
being duly subpoenaed or ordere1 to
appear as witness before the COURTS
martial wilfully neglects or refuses
to appear or refuses to qualify AS a
witness. or to testify produce docu-
mentary evidence, shall be deemed gull
ty of disobedence of orders and pun
ished by a courts-martial accordingly;
and every person not belonging to the
military service of the State who being
duly subpoenaed to appear as witness
before a courts-martial wilfully neg
so to qualify. testify or produce docu-
mentary evidence. shall be deemed
guilty of a mfsdemeanor and prosecuted
like other misdemeanors in any court
of competent jurisdiction and punished
by fine not exceeding one hundred
dollars; provided that such witness may
plead as a defense that he was not ten
dered one days fee and mileage for the
and provided. that all witnesses shall
receive the fees prescribed by statute
for witnesses in the supreme judicial
court such amounts to be paid by the
adjutant general; and provided that no
witness shall be compelled to incrimi-
nate himself or to answer any question
which may tend to incriminate or de-
grade him.
Section 1o6. All courts-martial of the
national guard including summary
courts shall have power. to sentence to
confinement in lieu Of fines authorized
to be imposed: provided, that such sem
tence of confinement shall not exceed
one day for each dollar of fine and cost
authorized.
All processes. warrants and sentences
of courts-martial shall be executed by
civil officers in this State the same as
like precepts of the supreme judicial
court are executed in the State and all
such processes. warrants and sentences
when issued by any courts-martial shall
extend to any part of the State.
Section 10Y. When the sentence of
courts-martial adjudges fine and costs
against any person, and such sentence
has been approved as provided in arti-
Gle forty-six. section one hundred and
forty of this act. or whenever a person
in the military service is ordered con-
fined to await trial or is sentenced to
confinement by a courtS-martial, Or
whenever any person is ordered into
confinement at a place or station not
provided with guard house or military
prison. the governor, the court or officer
ordering the court, or the officer COM
manding for the TIME being. as the case
may be- shall issue a warrant of com
mitmcnt direct to the sheriff of the
county in which the courts-martial was
held, directing him to take the body of
the person SO convicted and confine him
in the county Jail; and it shall be the
duty of the sheriff to take the body of
the person convicted and confne him in
the county Jail for the time specified in
the sentence. or for one day for any
~ NOT IL InI1., u
additional day for every dollar above
that sum, and one additional day for
each dollar of cost, The costs of arrest
and commitment in all courts-martial
scrbed in Revised Statutes of this
state for such service in the courts of
this State and shall be paid by the adj
jutant general from the military fund
on presentation of all papers or copies
of papers showing the service thereon.
Such papers and copies to be certified
as correct by the judge advocate or
summary court.
Section los Whenever by any of the
articles of section one hundred and
forty the punishment on conviction of
any milltary ofense is left to the dis
erection of the cOurts-martial. the pun
ishment shall not exceed. in the case of
officers, dismissal from the service;
forfeiture of all pay and allowances; a
reprimand, a fine of two hundred dol
lars and cost; and in the case of enlisted
men, dishonorable discharge from the
service; reduction of non-commissoned
officers to the ranks; to forfeiture of
six months pay and allowance; fine of
one hundred dollars and costs. Within
such maximum limit the governor may
prescribe in the case of enlisted men a
lesser limit which a courts-martial shall
not exceed. and if no such limit be pre-
scribed any fine awarded shall not ex-.
coed the amount of forfeiture pre-
scribed in the executive order establish
ing maximum limits of punishment for
enlisted men in the regular army.
Section 109. The Jurisdiction of the
courts and boards established by this
act shall be presumed. and the burden
of proof shall rest on any person seek
ing to GUST such courts or boards of
jurisdiction in any action or proceeding.
No action or proceeding shall be pro-
secuted or maintained against a member
of the military forces of this State or
officer or person, acting under it's au-
thority or reviewing its proceedings on
account of the approval or imposition
or execution of any sentence, or the i'm
position or collection of any fine or pen
atty. or the execution of any warrant.
writ, execution, process, or mandate of
a military court
Section 10 officers of the Judge adj
vocate generals department, judge adj
vocates of courts-martial and summary
court officers. are hereby authorized to
administer oaths for the purpose of
military administration, and shall
charge no fee for the same.
Section Ill. Each summary court
and the judge advocate of each special
10 nj ba ap6 IF arh