The Republican journal. [volume] (Belfast, Me.) 1829-current, 1917-04-05

the proceedings Of courts-martial or the
national guard shall follow the forms
and modes Of procedure prescribed for
said similar courts.
Section 103. The rules Of evidence. in
all courts-martial shall follow in gen.
eral. so far as opposite, the common law
rules Of evidence as observed by the
courts Of this State in criminal cases,
but a 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 1o4. Presidents of courts
martial and summary court officers
shall have power to issue, in the name
of the State warrants directing any
sheriff or constable to arrest accused
court for trial, and the accused shall
have the right to demand the nature and
cause Of the accusation against him,
and to be presented with a 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-mar-
have power to summon tho necessary
witnesses for the trial OF cases and for
that purpose shall have power to issue.
in the name of the State, all necessary
subpoenas and subpoenas .deces tecum.
They shall have power to issue the like
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 1t shall be to serve or exc
cute such writ and process when issued
by the civil courts of criminal 1ur1sd1c-
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
appear as a witness before the courts
martial wilfully neglects or refuses
to appear or refuses to qualify as a
witness, or to testify or produce docu-
lnentary evidence, shall be deemed gull
ty of disobedience 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 wilfuliy neg
lects or refuses to appear or. refuses
so to qualify. testify or produce docu-
mentary evidence shall be deemed
guilty of a lnisdemeanor and prosecuted
like other misdemeanors IN any court
of competent jurisdiction and punished
by a 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
Journey to and from the place of trial;
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
Nj fH,1f trlaff H.
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 SEN
tence of confinement shall hot 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-nartial shall
extend to any part of the state.
Section f07. When the sentence OF a
courts-martial adjudges fins and costs
against any person, and such sentence
has been approved as provided in arti-
Gle forty-Six, sec ton one hundred and
forty of this act, or whenever a person
in the military service is ordered con-
1lllGu 10 await TRIAL OF IL sentenced 10
confinement by n courts-lnartial, or
whenever any person is ordered into
confinement at a place or station not
provided with a guard house Or military
prison, the governor, the court or officer
ordering the court, or the officer com
handing for the time being, as the case
may he, shall issue warrant OF COM
niitment direct to the sheriff If 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 1t shall be the
duty OF the sheriff to take the body Of
the person convicted and cont1ne him in
the county jail for the time specified in
the sentence, or for one day for any
line not exceeding one dollar, and enc
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.
proceedings shall be the same as is pre-
scrfbed in Revised Statutes of this
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 1oS, Whenever by any of the
articles of section one hundred and
forty the punishment on conviction of
any military offense is left to the dis
erection of the courts-martial, the pun
ishment shall not exceed in the Sc 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-commiSsioned
officers to the ranks: to forfeiture of
six months pay and allowance; a fine of
one hundred dollars and costs. Within
such maximum limit the governor NAV
prescribe in the case of enlisted men
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 100. 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 its 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
military court.
Section Ito. 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
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