The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1917-04-12

no sentence OF such summary courts
martial adjudging forfeiture of pay
for a period In excess of one month
shall DO carried Into execution until
the same shall have been approved by
lsuperior authority.
Art. ID. The provisions OF these ar
ticles copferrinR Jurisdiction upon
courts-martial shall not be construed
as depriving military commissions.
provost courts. or other military tri-
DLnals of concurrent jurisdiction in
respect to Offenders or offenses and by
the law of war may be lawfully tri-
able by such military commissions.
provost courts. or other military tri-
bunals.
Art. lie. Officers shall be triable
only by general courts martial and In
40 case shall an officer. when 1t can be
avoided. be tried by officers inferior
10 him In rank
d. Procedure.
Art. II. The judge advocate OF a
general or special court-martial shall
prosecute In the name OF the stat.
SIR u uno. he direction "a Re cout l.
prepare the record of It's proceedings.
The accused shall have the right to be
represented before the court bv coun-
sci OF his own selection for his de-
Tense. II such counsel be reasonably
available. but should he. for any rea-
son, be unrepresented by counsel. the
Judge advocate shall from time to time
accused OF his legal rights.
Art. Is. Members OF general or
special court-martial may be chal-
lenged by the accused, but only for
cause stated TO the court. The court
shall determine the relevancy and
validity thereof. and shall not receive
a challenge to more than one member
at time.
Art. IL. The Judge advocate of a
general or special court martial shall
administer to the members of the
court, before they proceed upon any
trial, tho following oath or afiirma
ton: You, A. b., do swear COR af-
f1rm) that you viii well and truly try
and determine. according to the evil
dence. the matter now before you. be
tween the State of Maine and the per
son to be tried. and that you viii duly
administer justice. without partiaiity,
favor, or affection. according to the
provisions of the rules and articles Tor
the government OF the armies or the
state of Maine, and II any doup.
should arise. not explained by said
articles then according to your con
science, the best of YOUR understand l.
Ing, and the custom OF war In Ike
cases; and you do further swear OF
affirm) that you will not divulge the
findings or sentence of the court until
they shall be published by the proper
auth ority. except TO the judge aoNo-
cate or the assistant Judge advocates
neither will you disclose or discover
the vote or opinion of any particular
member OF the court martial. unless
required TO give evidence thereof as a
witness by a court of justice In que
course OF law. So help you God.
When the oath or Affirmation mas
been administered to the members or
a general or special court-martlal; tne
pre- sident of the court shall ADMINS
ter TO the Judge advocate and to each
assistant Judge advocate If any, an
oath or affirmation in the following
form: You, A b.. do swear COR az
firm) that you viii not dlvulge tnC
nndlngs or sentences of the court to
any but the proper authority until
they shall be duly disclosed by the
same. So help you God"
All persons who give evidence before
a court martial shall be examined on
oath or animation in the following
form: You swear Tor affirm) that inc
evidence you shall give In the case
now in hearing shall be the truth. the
whole truth. and nothing put inc
Every reporter of the proceedings
of a court martial shall. before enter
Ing upon his duties. make oath or ar
flrmation in the following form ou
swear Tor affirm that YOU VIII taih :
fully perform the duties OF reporter
TO this court so help you Cod
Every Interpreter in the trial OF any
case before a court martial shall. pc
oath or affirmation In the followine
form: You swear Cor affrm) that
YOU will truly interpret In the case
now In hearing. So help you COD.
In case OF ANIMATION, the ,,t,tad
sentence OF adjuration VIII be omi'tf 20 L.
Art 20. A court-martial may, lo o.
reasonable cause. grant a continuance
TO either party for such Time ana NIB
Art 81. when the accused ar
rnipned before court martial, from
obstinacy and deliberate design stanus
mute or answers foreign to the Pnr,,
and Judgment as If he Ind pleaded not
Art. %. Every Judge advocate of a
general or special court-martiai Eng
every summary court-martlnl snail
have power to issue the like process
10 compel witnesses to appear ana
Testify which courts OF the state, hay
ling criminal jurisdiction, may law
Art. %. Every person not subject
to military law who, being duly SUD :
poenaed to appear as witness Delore
any military court. commission court
Iof inquiry. or board, or before any
IofHcer' military or civil, designated 70
take deposition to be read IN cyl
Idence before such court, COMMISSION,
court OF Inquiry. or boNrd, wilfully
neglects or refuses to appear. or re-
fuses to qualify ms witness, or 10
testify. or produce documentary eVi-
dence which such person may nave
been legally subpoenned TO produce
shnll be deemed guilty or mlsde,
mennor. for which such person shall
be punished on information IN any
court having criminal jurisdiction IN
this state, Jurisdiction being hereby
conferred upon such court Tor snch
purpose. and II shall be the duty OF
the county attorney In any such
court of original criminal jurisdiction.
on the certifcation OF the facts to him
by the military court, commission,
court of inquiry. or board. to file an
information against and prosecute the
person 80 offending. and the punish
ment of such person, on conriction,
shall be a nne OF not more than hve
hundred dollars or imprisonment not
to exceed six months or both, nj mo
discretion OF the court: Provided. that
the fees of such witness and his mile
are at the rates allowed to witnesses
attending the courts OF the state. shall
be duly paid or rendered said with esr
such amounts to be paid out OF tho
Art -. No witness before a mill
tary court. commission. court OF IN
quiry, or board, or before any on1cer,
military or civil, designated to take
a deposition to be read in evidence
before a military court, commission,
court of inquiry. or bonrd. shall be
compelled to incriminate himself or
to answer any questions which may
tend to incriminnte or degrade him.
Art. rs. A duly authenticated de-
position taken upon reasonable notice
to the opposite party my my. be read IN IN
commission in any case not capital or
in any proceeding before n court OF
Inquiry or a military board. II such
deposition be taken when tho wilt
ness resides. is found. or liz about to
be beyond the state. or beyond the
distance of one hundred miles from
the place of trial or hearing. or when
1t appears to the satisfaction OF the
court. commission. board. or appoint
ing authority that the witness by
reason of age. sickness, bodily In
nrmity, Imprisonment. or other reas-
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