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

of. and shall not receive a challenge !.
more than one member at time.
Article 10. The judge advocate OF
general or special court-martial shan
administer to the members of the cour,
before they proceed upon any trial H.
following oath or affirmation: "Ynn
A. B.. do swear Cor affirm that you WI
well and truly try and determine Ar
cording to the evidence, the matis.
now before you, between the State 20
Maine and the person TO be tried ana
that you will duly administer justIcS
without Partially. favor. or aGectIen
according to the provisions of the rpiss
and articles for the government of ~
armies of the State of Maine. ana IL
any doubt should arise. not explaiuss
by said articles, then according To Won.
conscience, the best OF your uuderstanS
ing, and the custom of war in in.
cases; and YOU do further swear Tor as
firm) that you will not divulge the ina
ings. or sentence of the court until IT,.
shall be published by the proper F -!
thority, except to the judge adyocat,
and assistant Judge advocate: ueit6ss
Will you disclose or discover the yot.
or opinion of any particular merrhe
of the court-martial unless required ~
give evidence thereof as a witness he "
court of justice in due course OF law
So help you God"
When the oath or affirmation has bs..
administered to the members of ga.
eral or special court-martial the nrsst
dent of the court shall administer \,
the judge advocate and to each AZ
sistant Judge advocate. IL any. am os.S
or affirmation in the following forS
You. A. b., do swear Cor affirm ,bs
you will not divulge the findings nr ss S'
fences of the court TO any hu, ~,
proper authority until they shall ~
duly disclosed by the same. 50 bsin
you God" "ep
All persons who give evidence ho,o..
court-martial shall be examined ~
oath or affirmation in the follown,
for
evidence YOU shall give in the ,ts. - -
in hearing shall be the truth. tn, yyhoI,
truth. aud nothing but the truth s,
help you God" GU
court-martial shall, before co. ter,r.
upon his duties. make oath or aiiirr,.S
ton in the following form. lyon svea,
COR affirm that you will fl.thfuliy
perform the duties of reporter a. ~
court So helR you God"
Every Interpreter in the trial Of ~,
case before court-martial shall ~.
1ore entering upon the duties MAKE oap
YOU swear Cor affirm that You Viii
truly interpret in the case now i'm no., .
ing. SO help you God" ''sa''
In case of affirmation the closing GA.
tehce OF ad1uration will be omitted
Article 20. A court-martial may o.,
reasonable cause, grant a continuance y,
either party for such time and "a. of,.w
as may appear to be just.
hilitIe 81 W men the accused
ralgned before a court martial frnn, a.
stnacy and deliberate design So
mute or answers foreign to the riirTa. .S
the court may proceed to tr.aI W.
Judgment as if he had plea,CI b H.,
guilty. NV
Article %. Every judge advocate q,
general or special court marital ,rs s
every summary court -mariial sIs,ll ha ,.l
power to issue the like process fn rSr.
pei witnesses to appear aud ,,,.'
which courts Of the State. HAVING rr,IIy
maj Jurisdiction. may lawfully iss',.
Article 23. Every person NO.. .psla.,
20 mllltary law who. being t,rII5 snL
poenaed to appear as witucs, -,
any military court. commissi,,. 'eluIe
OF inquiry. or board or before ,u,. 40
Ger; military or civil. Designated =, az.
deposition to he read in eyi,,r,o ha
lore such court, commission ,t, v"
inquiry or board, wflfufiy tcctt vi
rreluSeS 10 appear. or refuses H., ,,,rI
~ as a witness. or to TESTIFY ,r ~.
uuce documentary evidence vbt,i, 80,
person may have been legally s,,i, u,H
Hsed 10 produce, shall be deened s,,G,.
VI mlsdemeanor. for which su,t1 ~
oi snail he punished ON infprr,,t,t,
IN N any court having criminal ,.,r ',,.o"
berab, IN tnts state. Jurisdiction lc,ny
secn purpose: and 1t Shall lie tI. dr,
" tue county attorney in any siiI 80.
VI original criminal iurisdicti.I u"
r,i1 itn.a 'ion OF the facts To- him nv M
.ul u commission. - d..
Jury, or board, to file an irC "
tfssaIHSt ana prosecute the prrs,,, .s
Ienolhg' and the punfshneut w
NOT r on CONVICTION, shall be ID lre NJ
nv ny more than five hundred J..Il.,' :"
imprisonment not TO exre,,r.'N pr
nn UtnS' or both. at the discretin,, ~ 80,
court: Provided. that the "a wi lhe
aIloW,af1 ana MS mileage at th,. ,,,ss
courts of the State shall 'tto o s t"e
VI tehdered said witness st,,L raw raw
10 pc paid out of the mjijfar, r ,,,' IuN'S
court -, NO witness before "A m.i,,,r
hoard w. ihlIessslon. court of injury ar
o;,,n H. or before any officer mil.,,yy =.
tlNiI' designated to take d.n ,,''-'I'g OF
pe READ IN evidence before = 'Tt ~
boon; commission. court OF iuoulrt ~
b;,,,s ni snail ne compelled to incJirif1a,s
Hilhseii or to answer any nr,st ''',.' 1,
may tend TO inCrimin9ta ~, i,',1..'N ".lyN
.ArucIe y. y duly autheutir,t..I . "
s.tioH taken upon rCasOuahl. No.. ~,
,le opposite party max he r.ld fl, loo.
in on, any mlltary court or commission
~ any case not capital or in a,y rrI'
ceeding before a court az i ~ 'aIf Pr
Ihililary board, IL such dr,',si,',,
eaheh When the witness rasIIrs ls found
or Is about to be beyond mo STAT ~,
fro,,, we Instance of one hundred miles
from the place of trial or bc,ri,,e NJ
When II appears to the satisf,r,in,, - ~
court commission. board. or nrno,,,,irg
authorlty that the witness. nv reason ~
sickness, bodily innrmity, imprisou.
,SIt, OF other reasonable cause is I'M.
aple 10 appear and testify i'm rersor ~
ne place of trial or caring Provided
tnat testimony by deposition may he
uuuceu Tor the defense in canitat gsses
aItlfle %. Dispositions to he read M
eVloehce before military courts. commits.
s,oi,, courts OF injury. or military boards,
OF ior other use in military adn,iuisfra.
tion' may he taken before and autherI.
GATED by any officer. military or civil au.
.horized by the laws of the state or by
t t. laws or the place where the deposI.
'ion is taken TO administer oaths
Artlcle q. The record of the pr0cead-
ihss OF court of inquiry NAV be- read
III evidence before any court-rnar,ial or
niiiltary commission in any case not ,ari.
.a1 not extending to the dismissal ~ An
U a., ana may also be read in evidence
II, any proceeding before a court ~ in-
quIy or military board: Provided that
s s evidence may be adduCed bv the de-
&c teiise IN capital cases or cases extending
u me dlsrnlssal of an officer
Artlcle ~. Any officer who. having
' .enaered ms resignation and prior 10 due
i n,,;. OF the acceptance of the sane
, Lui.s ms post or proper duties w.thou;
, ,a.' ana with intent to absent himself
a deserter N'i "' Wv nv
article %. Any soldier who. without
aasins Hrst received regular discharge
Gsaln enllsts in the Maine National
cn raru. or IN the army. navy or marine
III s oI the United States. or In any for
eIsh army shall he deemed to have de-
serted the service of the State. and
aTN1i ct,