DOCUMENTS 
 DEPT. 
 
A MANUAL 
 
 COURTS-MARTIAL, 
 
 COURTS OF INQUIRY, AND 
 RETIRING BOARDS, 
 
 AND OF OTHEK 
 
 PROCEDURE UNDER MILITARY LAW. 
 
 Revised in the Judge- Advocate General's Office, and published 
 by authority of the Secretary of War, 
 
 USE IN THE ARMY OF THE UNITED STATES, 
 
 REVISED EDITION, la 
 WITH AMENDMENTS TO 19O7. 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE, 
 1907. 
 
r-3 
 
 /?3 
 
 CUMEN 
 DPT. 
 
 WAR DEPARTMENT, 
 
 Document No. J55. 
 
 Office of the Judge-Advocate General. 
 
 ABBREVIATION'S. 
 
 A. R. United States Army Regulations of 1904. 
 A. W. Articles of War, 
 R. S. Revised Statutes. 
 
WAR DEPARTMENT, 
 Washington, July 25, 1905. 
 
 The Manual for Courts-Martial, Courts of Inquiry, 
 and Retiring Boards, and of other Procedure under 
 Military Law, prepared by direction of the Secretary 
 of War for use in the Army of the United States, is 
 approved, and will be published for the information 
 and guidance of all concerned. 
 
 ROBERT SHAW OLIVER, 
 Acting Secretary of War. 
 
 (3) 
 
 9341 .f>0 
 
MANUAL FOR COURTS-MARTIAL, !'COURT8 'OF 
 INQUIRY, AND RETIRING BOARDS, AND 
 OF OTHER PROCEDURE UNDER 
 MILITARY LAW, 
 
 INTRODUCTION. 
 
 MILITARY JURISDICTION. 
 
 Sec. I. MILITARY JURISDICTION is of four kinds: 
 
 1. Military Law; which is the legal system that reg- 
 ulates the government of the military establishment. 
 It is a branch of the municipal law, and in the United 
 States derives its existence from special constitutional 
 grants of power. 
 
 2. The Law of Hostile Occupation (Military Govern- 
 ment); that is, military power exercised by a belliger- 
 ent by virtue of his occupation of an enemy's territory, 
 over such territory and its inhabitants. This belongs 
 to the Law of War and therefore to the Law of Nations. 
 When a conquered territory is ceded to the conqueror, 
 military government continues until civil government 
 is established by the new sovereign. 
 
 3. Martial Law at Home (or, as a domestic fact); by 
 which is meant, military power exercised in time of 
 war, insurrection, or rebellion, in parts of the country 
 retaining their allegiance, and over persons and things 
 not ordinarily subjected to it. 
 
 4. Martial Law applied to the Army; that is, mili- 
 tary power extending in time of war, insurrection, or 
 rebellion over persons in the military service, as to obli- 
 gations arising out of such emergency and not falling 
 within the domain of military law, nor otherwise regu- 
 lated by law. 
 
 (5) 
 
6 ARREST AND CONFINEMENT. 
 
 The last two divisions are applications of the doctrine 
 of necessity to a condition of war. They spring from 
 t}ie right of national self -preservation. 
 
 Sec. II. THE SOURCE OF MILITARY JURISDICTION is 
 the Constitution; the specific provisions relating to it 
 being found in the powers granted to Congress, in the 
 authority vested in the President, and in a provision of 
 the Fifth Amendment. 
 
 "2. Military Law is derived from both Written and 
 Unwritten Sources. 
 
 The 1 1 'ritlt-ii Smt,-c.c8 are the Articles of War, adopted 
 as a part of the Revised Statutes of the United States 
 in is; | and since amended in some particulars: other 
 statutory enactments relating to tin- military service: 
 the Army Regulations; and general and special orders. 
 and decisions promulgated by the War Department and 
 by department, post, and other commanders. 
 
 The riiirritt.it N< //rce is the ''custom of war." con- 
 sisting of the customs of the service both in peace and 
 in war. 
 
 Sec. III. MILITARY TRIBUNALS are of three kinds, viz: 
 
 1. Courts-Martial (including summary courts), for 
 the trial of offenders against military law. 
 
 '2. Courts of Inquiry, for examining transact^ 
 or accusations or imputations against, officers o 
 diers. 
 
 :}. Military Commissions, for the trial of offenders 
 against the laws of war and under martial la-w founded 
 in necessity. 
 
 AIM:K>T \\n ( ONFIM.M KNT KKFOIM-: TIM. XL/ 
 
 Sec. I. ARREST OF OFFICERS. "Officers charged with 
 crime shall be arrested and confined in their barracks, 
 quarters, or tents, and deprived of their swords by tin- 
 commanding officer." 
 
 ' omi-i.,1, ofanesl doeanol affect the jurisdiction of 
 
 265th A. \V. 
 
ARREST AND CONFINEMENT. 7 
 
 2. "Only commanding officers have power to place 
 officers in arrest, except as provided in the twenty- 
 fourth Article of War. An arrest may be ordered by 
 the commanding officer, in person or through a staff 
 officer, orally or in writing." 1 
 
 3. "An officer arrested will repair at once to his tent 
 or quarters, and there remain until more extended 
 limits have been granted by the commanding officer. 
 Close confinement will not be enforced except in cases 
 of a serious nature. "* 
 
 4. "An officer in arrest will not wear a sword nor 
 visit officially his commanding or other superior officer, 
 unless directed to do so. His applications and requests 
 of every nature will be made in writing." 3 
 
 5. "Officers will not be placed in arrest for light 
 offenses. For these the censure of the, commanding 
 officer will generally answer the purpose of discipline. 
 Whenever a commanding officer places an officer in 
 arrest and releases him without preferring charges he 
 will make a written report of his action to the depart- 
 ment commander, stating the cause. The department 
 commander, if he thinks the occasion requires, will call 
 on the officer arrested for any explanation he may desire 
 to make, and take such other action as he may think 
 necessary, forwarding the papers to The Adjutant Gen- 
 eral of the Army for file with the officer's record, or 
 for further action." 4 
 
 6. "A medical officer, charged with the commission 
 of an offense, need not be placed in arrest until the 
 court-martial for his trial convenes if the service would 
 be inconvenienced thereby, unless the charge is of a 
 flagrant character." 5 
 
 7. " When an officer is put in arrest for the purpose 
 of trial, except at remote military posts or stations, the 
 officer by whose order he is arrested shall see that a 
 copy of the charges on which he is to be tried is served 
 
 5 Id., 
 
8 ARREST AND COXFI NK.M KNT. 
 
 upon him within eight days after his arrest, and that he 
 is brought to trial within ten days thereafter, unless the 
 necessities of the service prevent such trial; and then 
 he shall be brought to trial within thirty -lays after the 
 expiration of said ten days. If a copy of the charges be 
 not served, or the arrested officer be not brought to 
 trial, as herein required, the arrest shall cease. But 
 officers released from arrest, under the provisions of this 
 article, may l>e tried, whenever the exigencies of the 
 service shall permit, within twelve months after such 
 release from arrest." 1 
 
 Sec. II. ARREST ANI> ('< -MINI MINT OF SOLDII 
 
 1. Noncommissioned officers against whom charges 
 may be preferred for trial will be placed in arrest in 
 tht-ir barracks or quarters. They will not be confined 
 in the guardhouse in company with privates, except in 
 aggravated cases or where escape is feurril. 
 
 2. Noncommissioned officers /// *// xf will not be re- 
 quired to perform any duty in which they may be < -allrd 
 upon to exercise command. Noncommissioned officers 
 in <-<ijiii' iin'ut will not be sent out to work. 
 
 3. Soldiers against whom charges may be prefrnvd 
 for trial by summary court will not be confined in th> 
 guardhouse, but will be placed in arrest in quarters. 
 before and during trial and while awaiting sentence. 
 except when in particular cases restraint may be 
 necessary/* 
 
 4. Privates against whom charges maybe pivtVnv.l 
 for trial by general court-martial will be confined in the 
 guardhouse before and during trial. "While awaiting 
 trial and sentence, or undergoing sentence, they will, if 
 practicable, be kept apart from privates confined for 
 minor offenses or by sentence of an inferior con 
 
 '71 st A. \V. 
 
 2 Par. 93</, A 
 
 3 Par. 94f, A. B. */</., 
 
 *"7 > -P&r. 93^f, A. K. As to phicini; >.l.li.Ts in irons, see page (17. ]>-.i\ 
 
 94f, A. B. 
 
ARREST AND CONFINEMENT. 9 
 
 5. Privates in confinement awaiting trial will not be 
 sent to work with prisoners undergoing sentence if it 
 can be avoided; but may, in the discretion of the com- 
 manding officer, be required to attend drills or be sent 
 to work during the usual working hours under charge 
 of a special sentinel. 1 
 
 6. Privates in arrest may, in the discretion of the 
 commanding officer, be required to attend parades, 
 inspections, drills, school, or other military duties and 
 to assist in policing in and around their barracks. 
 
 7. Except as provided in the 24th Article of War, or 
 when restraint is necessary, no soldier will be confined 
 without the order of an officer, who shall previously 
 inquire into his offense. Arrest or confinement without 
 trial as a punishment for an offense is forbidden. An 
 officer authorizing the arrest or confinement of a soldier 
 will, as soon as practicable, report the fact to his com- 
 pany or detachment commander. - 
 
 Sec. III. GENERAL PROVISIONS RELATING TO THE 
 ARREST OF OFFICERS AND SOLDIERS. 
 
 1. "No * * * officer commanding a guard shall 
 refuse to receive or keep any prisoner committed to his 
 charge by an officer belonging to the forces of the 
 United States; provided the officer committing shall, at 
 the same time, deliver an account in writing, signed by 
 himself, of the crime charged against the prisoner."' 
 ' Every officer to whose charge a prisoner is committed 
 shall, within twenty-four hours after such commitment, 
 or as soon as he is relieved from his guard, report in 
 writing, 4 to the commanding officer, the name of such 
 prisoner, the crime charged against him, and the name 
 of the officer committing him. * * * " 5 
 
 2. "If there are any prisoners with no record of charges 
 against them, the old officer of the day will report that 
 
 iPar. 9&%. IL 2jd M 93/Ld93^ 3 67th A. W. 
 
 4 This report is usually written in the "Guard Report Book," and pre- 
 sented to the commanding officer by the old officer of the day at guard 
 mounting. 
 
 568th A. W. 
 
10 ARREST AND CONFINEMENT. 
 
 fact to the commanding officer, who will give the nec- 
 essary instructions." 1 No officer or soldier put in ar- 
 rest or confinement will be so restrained more than 
 eight days, or until such time as a court-martial can be 
 assembled.* 
 
 JPar. 5>. A. li. -TUth A. \V. 
 
COURTS-MARTIAL. 
 
 COMPOSITION. 
 
 1. COURTS-MARTIAL are composed of commissioned 
 officers only. All officers of the Regular Army, except 
 those on the retired list 1 are eligible for detail for the 
 trial of offenders belonging to the Regular Army; 2 but 
 no officer will be detailed for the trial of an officer 
 superior to himself in rank when it can be avoided. 3 
 
 2. Officers of the Regular Army and of the Marine 
 Corps, detached for service with the Army by order of 
 the President, may be associated together for the trial 
 of offenders belonging to either of these bodies. 4 But 
 with this exception officers of the Regular Army are 
 not competent to sit on courts for the trial of offenders 
 belonging to other forces. 5 
 
 3. Officers of volunteers and of the militia, when the 
 latter are called into the service of the United States, 
 are competent to act as members of courts for the trial 
 of regular officers or soldiers. Militia officers are also 
 competent to sit upon courts for the trial of volunteers. 
 But courts-martial for the trial of the militia must be 
 composed of militia officers only. 6 
 
 4. In the United States military service, the follow- _ 
 ing-named courts-martial are authorized: 1st, t]ae 
 "General Court-martial;" 3d, the "Summary Oourt;" 
 
 iSec. 1259, R. S. But the Secretary of War may assign retired officers, 
 with their consent, upon courts of inquiry and boards, inter alia. Act of 
 April 23, 1904. (33 Stat. L., lif-l.) 
 
 -Contract surgeons, dental surgeonn, and veterinarians are not eligible to 
 sit, and chaplains are not in practice detailed as members of general courts- 
 martial. 
 
 379th A. W. 478th A. W. 77th A. W. 32 Stat., 776, sec. 8. 
 
 (ID 
 
12 CONSTITUTION. 
 
 3d, the "Garrison Court-martial;" 4th, the "Regi- 
 mental Court-martial." 
 
 5. The General Court-martial, being the most impor- 
 tant, will be first considered the others, ordinarily 
 called " Inferior Courts-martial," in the order nam<-<l. 
 But, as all courts-martial have much in common in 
 regard to their jurisdiction, procedure, punishment, 
 etc., the text may, as a rule, be regarded as apposite to 
 all, unless the general court is specially mentioned. 
 Exceptions in regard to jurisdiction, etc., will be made 
 as each inferior court is considered. 
 
 C. A General Court-martial may consist of any num- 
 ber of members from five to thirteen, inclusive, and a 
 judge-advocate: but of not less than thirteen members 
 when this number can be convened without manifest 
 injury to the service. 1 When, in the course of a trial, 
 the court is reduced in number by reason of absence, 
 challenge, or the relieving of members, it may ] 
 with business so long as five members remain. When 
 from any cause a general court is reduced below the 
 minimum, five, the remaining members should direct 
 tlic judge-advocate to report the fact to the convening 
 authority, and await further orders. In such a case, 
 if the trial has not been entered upon, new members 
 may be added; but if any testimony has been taken, 
 the court should preferably be dissolved and a new one 
 ordered." 
 
 < (INSTITUTION. 
 
 1. The President is empowered to institute general 
 courts-martial 1st, as Commander-in-Chief of the 
 Army, under the Constitution: 2d. in the special con- 
 tingency mentioned in the next paragraph: :><!. in tin- 
 particular cases provided for by section T-2 
 Statutes. 
 
 A. \V. --A.1. vision of the appoint ing authority a- tu tli.- riuinl- 
 that can b- assrmbled without injury t tin- srrvirr i> r.n.-: 
 95Jf, A. K.) 
 
 -For form of order for >rriifral court, see pap- 1 1- 
 
JURISDICTION. 13 
 
 2. Any general officer commanding an army, a terri- 
 torial division, or a department, or colonel commanding 
 a separate department, may appoint a general court- 
 martial whenever necessary. 1 But when any such com- 
 mander is the accuser or prosecuter of any officer under 
 his command the court must be appointed by the Presi- 
 dent.' 2 In time of war this power is extended to the 
 commander of a tactical division or of a separate bri- 
 gade; but in this case when such commander is the 
 accuser of any person under his command the court 
 must be appointed by the next higher commander. 3 
 
 3. The Superintendent of the United States Military 
 Academy has power to convene general courts-martial 
 for the trial of cadets, subject to the same limitations 
 and conditions now existing as to other courts-martial. 4 
 
 4. The officer who appoints a court-martial general, 
 garrison, or regimental may dissolve it, and control 
 its existence, but not the subject-matter of its delibera- 
 tions. In the absence of special orders or legislation to 
 that effect, personal presence within the territorial 
 limits of his department is not essential to the validity 
 of commands given by a department commander to be 
 executed within such limits, such, for instance, as the 
 appointment of a court-mar tial. r> 
 
 JURISDICTION. 
 
 Sec. I. Courts-martial derive their existence solely 
 from acts of Congress, and their jurisdiction is limited 
 to the purpose of the maintenance of military disci- 
 pline. Their decisions, within their jurisdiction, are 
 not reviewable by any courts whatever. 6 The 30th 
 
 i See par. 4, this article. 
 
 -7*1 A. W. As to when a commander is "the accuser or prosecutor," 
 see Digest Opin. J. A. G., 186, 187, 188. 
 
 'TIM A. W. 
 
 4 Sec. 1326, R. S. 
 
 5 See par. 193, A. R. The authority to convene a court-martial or to 
 relieve or detail members, etc., can not be delegated to a staff officer during 
 the absence from his department of the commander (Digest Opin. J. A. G., 
 185). 
 
 6See Digest Opin. J. A. G., 992, and note. 
 
14 J I KISDICTION. 
 
 Article of War relates to an exceptional procedure, not 
 necessary to consider in this connection. 
 
 2. Courts-martial have exclusive jurisdiction to try 
 acts constituting military offenses only, and also juris- 
 diction to try acts which, besides constituting military 
 offenses, are civil crimes. In the latter case the military 
 ordinarily gives precedence to the civil court; in general, 
 however, that jurisdistion which has first fnllii (ftt<i<-]t,<l 
 is properly allowed to have the precedence, and when 
 un officer or a soldier has been arraigned before a duly 
 constituted court-martial for an offense triable by it, 
 the jurisdiction thus attached can not be set aside by 
 the process of a State court. 1 
 
 ::. . l.s nytmix /> i-smis. courts-martial have jurisdic- 
 tion, at all times and in all places, over officers and sol- 
 diers of any troops, whether militia or others, mustered 
 and in pay of the United States,- over officers and sol- 
 diers of the marines, when detached for service with 
 the Army, :{ over persons who fraudulently enlist in the 
 <>f flit- I'nited States and receive pay or allow- 
 thereunder, 4 and over offenders, in general, to 
 whom, owing to the commission of a crime, military 
 jurisdiction has legally attached as by an arrest or 
 confinement before expiration of term of service, pro- 
 vided such jurisdiction is not terminated by their dis- 
 charge. ' This jurisdiction over persons in the military 
 service covers all military offenses committed by tln-m. 
 whether within or beyond the territorial jurisdiction of 
 the United States. Military offenses are not territorial. 
 
 4. As a rule, military jurisdiction ends when a sol- 
 dier is discharged. The present exceptions to this rule 
 are, discharged officers and soldiers guilty of fraud 
 against the United States under the 60th Article of 
 
 'S,.,. |>j K rst opjn. .1. A. <;.. in:',!,, ami note.-. 
 
 -tilth A. \V. Tliis im-lu.l.-s r.-tiiv.l otlieers an. I .-..], li.r-. 
 
 ir.-jl. K. S. 
 
 *Art..f .hil\ -. A. ,. >.. L892. A fraudulent 
 
 is an enlistment prnrui-e,l l'.\ mean- of a willful inNrepivseutatii'ii r 
 tn a iiualinYation or ilis(|iialitication for enlistment, ,>r liv inti-nti'tnial OOO- 
 ri'almcnl nf a iiisi|ii:iliticatiuii, \\liirh has lia<l the cfTi-ct ..f . Miisinv tin- . n 
 a man imt iiualitii-)! to In- a soMi<T. :m.| who Imt fur surh fal.-n 
 ruii< ralnu-nt woulil have been rejeete-1. 
 
JURISDICTION. 15 
 
 War; discharged officers granted trial after summary 
 dismissal, under section 1230, Revised Statutes; and 
 general prisoners. 1 
 
 5. In time of war this jurisdiction extends to "all re- 
 tainers to the camp and all persons serving with the 
 armies of the United States in the field, though not 
 enlisted soldiers;'" 2 to any person who "relieves the 
 enemy with money, victuals, or ammunition, or know- 
 ingly harbors or protects an enemy ;" 3 or who ' ' holds cor- 
 respondence with, or gives intelligence to, the enemy, 
 either directly or indirectly; " 4 and to spies. 5 
 
 6. As regards offenses, the jurisdiction embraces, the 
 offenses specifically defined in the Articles of War, or 
 included under the general terms of the 61st and 62d 
 articles; the offense of military persons trading with 
 the enemy, 6 and that of fraudulently enlisting in the 
 service of the United States. 7 
 
 7. A court having once duly assumed jurisdiction of 
 an offense and person, can not, by any wrongful act of 
 the accused, be ousted of its authority or discharged 
 from its duty to proceed fully to try and determine, 
 according to law and its oath. Thus the fact that, 
 pending the trial, the accused has escaped from mili- 
 tary custody, furnishes no ground for not proceeding to 
 a finding, and, in the event of conviction, to a sentence, 
 in the case; and the court may and should find and 
 sentence as in any other case. 
 
 Sec. II. General Courts-Martial have, as regards per- 
 sons and with reference to other courts-martial, exclusive 
 jurisdiction over officers, 8 cadets, 9 and "candidates for 
 promotion. ' ' 10 Over enlisted men, other than candidates 
 
 1 Act approved June 18, 1898, page 126, post. 
 
 263d A. W. 
 
 * 15th A. W. 
 
 < 46th A. W. 
 
 6 Sec. 1343, R. S. 
 
 6 Sees. 5306 and 5313, R. S. 
 
 7 Act of July 27, 1892; see G. 0. 57, A. G. O., 1892. For definition of 
 fraudulent enlistment, see page 14, note 4, ante. 
 
 83d A. W. 
 
 9 Sec. 1326, R. S. 
 
 10 Act of July 30, 1892; G. 0. 79, A. G. 0., 1903. 
 
16 CHARGES AND SPECIFICATIONS. 
 
 for promotion, and general prisoners, they have concur- 
 rent jurisdiction with the inferior courts l in cases cogni- 
 zable by the latter. 2 
 
 2. As regards offenses* they have ./ MX//-I JuriMlic- 
 tion over all offenses punishable capitally, 4 and over 
 those set forth in the 58th Article, when committed in 
 time of war. Over other offenses they have concurrent 
 jurisdiction \vith the inferior courts: but all offenses 
 for which the limit of punishment is in excess of tin- 
 limits of the punishing power of an inferior court, as 
 well as ull serious noncapital offenses for which limits 
 of punishment have not been prescribed, will, when 
 practicable, be tried by general court-martial. 
 
 < H \i:.i> VM> ^i-i ( i IK \ i ION-. 
 
 Sec. I. A military charge corresponds to a //// in- 
 dictment. It consists of two parts tin- technical 
 11 charge,'' 1 which designates the alleged offense in g 
 eral terms, and the "specification," which sets forth 
 the facts constituting the same. The requisite <>l a 
 ( -hnrfji is, that it shall be laid under the proper Article 
 of War or other statut- ///V///o/f . that it shall 
 
 set forth facts sufficient to constitute the particular 
 offense. Under the general term " charges," any num- 
 ber of technical charges and their specifications may be 
 included. 
 
 2. When an Article of War relates to but one kind of 
 offense, the charge may be laid as a violation of such 
 article. If the offense has a technical name or descrip- 
 tion known to the service, such as" Desertion." "Ab- 
 sence- without-leave," " Sleepiiigonpost," etc^ it may 
 
 'Thev ha\e ,-,.m-uiTfiit jnris.li, ti.m with irarri-on ami iv-iim-nt.. 
 martial in time of war over tin- p r>ns mentioned In th' ''>:'.'i V. \\". 
 
 -Par. '.'tit/, A. IJ.. I'lfx -ril.i-s tliat ii<iiiciiiiiiiii>iniir<l cilliccrs will not, if they 
 oliji-ct then-t.". I..- linni.uht ti> trial ln-fnri- reiiiiin-iiial. irarris.'ii, r .siiinmar\ 
 i iiiirl-martial without the anthoiitv nf the i.llicer ruiupetent d> c.nl.-r their 
 trial l.y ireneral court-martial. S,-, al-o a, t :i|.|.r..\e,l June 1C 
 1-Jti. , 
 
 Military .ff.-n>e>. wher.-soever .-..nimitte.!. are ].iinishahl.- in 
 Arti.-les of \\:u ; M6 pa-e 1 . par. 5, I 
 
 <83d A. \V. 
 
CHARGES AND SPECIFICATIONS. 17 
 
 be charged simply as such, or, preferably, also laid 
 under the appropriate Article of War. A charge laid 
 under the 61st Article of War will properly describe 
 the offense as "conduct unbecoming an officer and a 
 gentleman." A charge laid under the 62d Article of 
 War may give the name or description of the offense, 
 alleging it to be " in violation of the 62d Article of 
 War," or may describe it as " conduct to the prejudice 
 of good order and military discipline." 
 
 3. When an offense is specifically provided for in an 
 Article of War the charge will be laid under that article 
 and not under the 62d Article. Especially is it wrong to 
 lay a charge under the 62d Article when the offense falls 
 under an article which prescribes a fixed punishment. 
 
 4. In case of an absence from any appointed parade, 
 drill, or other exercise, but not from the limits of the 
 post, the charge should be laid under the 33d Article of 
 War; in case of absence from the post, or command, 
 under the 32d; and sometimes, in order that the court 
 may be able to judge of the full nature of the offense, 
 under both, as when some duty, other than an ordinary 
 roll call, is neglected; e. g., when a soldier, regularly 
 detailed for guard, absents himself not only from guard 
 mounting but also from his post. 
 
 5. Soldiers found drunk on any guard, party, or other 
 duty after having actually entered upon such duty, but 
 not until then discovered to be drunk, should be 
 c larged with violation of the 38th Article of War. 
 
 4fc Accused persons will not be joined in the same *7 
 charge, nor tried' on joint charges, unless for concert ' 
 of action in an offense. To warrant the joining of 
 several persons in the same charge, the offense must be 
 such as requires for its commission a combination and 
 must have been committed in concert, in pursuance of 
 a common intent. 
 
 -$j As to whether an act which is a civil crime is also Q 
 a military offense no rule can be laid down which will 
 cover all cases, for the reason that what may be a 
 military offense under certain circumstances may lose 
 
IS CHARGES AND SPECIFICATIONS. 
 
 that character under others. For instance, larceny by 
 a soldier from a civilian is not always a military crime, 
 but it may become such in consequence of the particu- 
 lar features, surroundings, or locality of the act. What 
 these may be can not be anticipated with a sweeping 
 rule, comprehensive enough to provide for every possi- 
 ble conjunction of circumstances. Each case must be 
 considered on its own facts. But if the act be com- 
 mitted on a military reservation, or other ground occu- 
 pied by the army, or in its neighborhood. > a- to be in 
 the constructive presence of the army; or if committed 
 while on duty, particularly if the injury be to a mem 
 ber of the community whom it is the offender's duty t<> 
 protect; or if committed in the presence of oth 
 diers, or while in uniform: or if the offender use his 
 military position, or that of another, for the purpose of 
 intimidation or other unlawful influence or obj.-rt- 
 such facts would be sufficient to make it prejudi' 
 military discipline within the meaning of tl 
 Article of War. 
 
 Sec. II. The specification need not possess the tech- 
 nical nicety of an indictment at common law. A bald 
 statement of facts is sufficient, provided the legal 
 offense itself be distinctly and accurately descrii 
 
 2. In order that the accused may be left in no doubt 
 as to the precise offense with which he is dunked, the 
 time and place of the commission of the offense should 
 be stated as accurately as 'possible. When any doubt 
 exists as to the exact date and locality, it may be stated 
 that the act specified was committed "on or about" a 
 certain time, or "at or near" a given place. In pre- 
 paring several specifications under one charge, the time 
 and place of the alleged offense should be given in each. 
 
 Sec. III. Many of the Articles of War include two or 
 more offenses. When a charge is to be laid under such 
 an article, the particular offense committed should bo 
 stated. A specification in an alternative form is bad 
 
 digest Opiu. J. A. G., 695, and note. 
 
CHARGES AND SPECIFICATIONS. It) 
 
 pleading. For example, it is wrong to allege "selling 
 or through neglect losing," in violation of the 17th 
 Article of War. 
 
 2. The prosecution is at liberty to charge an act 
 under two or more forms, when it is doubtful under 
 which it will more properly be brought by the testi- 
 mony. In the military practice, the accused is not 
 entitled to call upon the prosecution to elect under 
 which charge it will proceed in such, or indeed in any, 
 case. 
 
 Sec. IV. "Before forwarding charges they will be 
 carefully investigated by the commanding officer, or an 
 officer designated by him, other than the officer prefer- 
 ring the charges, and in forwarding the charges the 
 name of the officer making the investigation will be 
 noted in the commanding officer's indorsement. The 
 commanding officer will state in his indorsement 
 whether or not, in his opinion, the charges can be sus- 
 tained." ' Before referring to summary courts charges 
 for which the maximum limit of punishment that may 
 be awarded is greater than one month's forfeiture and 
 confinement, commanding officers will cause the accused 
 to sign a statement on the charge sheet as to whether 
 or not he consents to trial by summary court. A note 
 of this statement in each case will also be entered on 
 the monthly report of trials by such court. 
 
 2. Charges against an enlisted man forwarded to the 
 authority ordering a general court-martial, or sub- 
 mitted to a summary, garrison, or regimental court, 
 must be accompanied by the proper evidence of previ- 
 ous convictions.' 2 ''General courts-martial will con- 
 sider only such evidence of previous convictions as is 
 referred to them by the convening authority." 3 
 
 3. Charges against an enlisted man forwarded to the 
 authority competent to order a general court-martial 
 for his trial will also be accompanied by a statement of 
 
 i Par. 96jZ, A. K. 2 id. 96^aud 96if ; see page 47, par. 2, j>os<. 3 Id. 97 
 
 3 T 
 
20 ORGANIZATION. 
 
 service l in accordance with the form given on page 141 , 
 post.^ In case of a deserter the surgeon's report required 
 by paragraph 124, Army Regulations, will also be for 
 warded with the charges. - 
 
 Sec. V. After charges have been formally referred by 
 competent authority to a court-martial for trial, the 
 court is not authorized in its discretion and upon its 
 own motion, to strike out a charge or specification, or 
 to direct or permit the judge-advocate to drop, or with- 
 draw, such charge or specification, or to enter a nolle 
 prosequi as to the same. For such action the authority 
 of the convening officer is requisite. Where, however, 
 by a special plea or objection, an isxue is made by the 
 accused as to the sufficiency of any charge and specifica- 
 tion, the court, without referring the question to the 
 convening officer, is empowered to sustain the plea or 
 objection, and quash or strike out the chaiv . 
 
 2. Charges should be signed by a commissioned offi- 
 cer, but a contract surgeon or dental surgeon may sign 
 charges against an enlisted man. a 
 
 ADDITIONAL CIIAKCiES. 
 
 1. After the accused has been arraigned upon certain 
 charges, has pleaded thereto, and the trial on the same 
 has been entered upon, new and additional charges. 
 which the accused has had no notice to defend, can not 
 be introduced or the accused required to plead thereto. 
 Such charges should be made the subject of a separate 
 trial, upon which the accused may be enabled properly 
 to exercise the right of challenge to the members of the 
 court and effectively to plead and defend. 
 
 ORGAN! XV I ION. 
 
 1 . The authority appointing a court-martial designates 
 the place for holding the court, the hour of meeting, 
 the members of the court, and a judge-advocate. 4 
 
 1 See page 62, par. 6, post, and par. 96f, A.' R. 
 
 2 For form, see page 141, post. 
 
 a Par. 1421 , A. R. Pars. 95l and 952. A I : 
 
 If 
 
 > h 
 
ORGANIZATION. 21 
 
 2. Courts will be assembled at posts or stations where 
 trial or examination will be attended with the least 
 expense. They will, as far as practicable, hold their 
 sessions so as to interfere least with ordinary routine 
 duties. 
 
 3. A general court-martial assembles, at its first ses- 
 sion in accordance with the. order convening it; there- 
 after, according to adjournment. The members wear 
 dress uniform, or service uniform in commands not 
 provided with dress uniform, with their sabers; the 
 judge advocate and the accused appear in the same 
 uniform as the court wiKhout side arms. Military wit- 
 nesses wear the same uniform as the court with side 
 arms. The accused should not be brought before the 
 court in irons, unless there are good reasons to believe 
 that he will'attempt to escape or to conduct himself in 
 a violent manner; but the fact that a prisoner has been 
 tried in irons can not, in any case, affect the validity of 
 the proceedings. 
 
 4. When the court is ready to proceed, the members 
 take seats at a table provided for their use; the presi- 
 dent sits at the head of the table and the other members 
 at his right and left alternately, according to rank. 
 The judge-advocate sits at the foot of the table or at a 
 separate table; the accused and his counsel at a table 
 provided for them and placed in a convenient position. 
 A witness, when testifying, is seated near the judge- 
 advocate, and the reporter at a table placed near the 
 witness 1 chair. 
 
 5. The order of procedure is given in detail in the 
 v ' form for record of a general court-martial," page 142, 
 post. During the reading of the order convening the 
 court and the arraignment, the judge-advocate and the 
 accused should stand; while the court and the judge- 
 advocate are being sworn, all stand; when a reporter, an 
 interpreter, or a witness is being sworn, he and the 
 judge-advocate should stand; and when the judge-advo- 
 cate, the accused, or his counsel addresses the court, he 
 should rise. 
 
22 THE MEMBERS. 
 
 6. The organization of the court is complete on the 
 swearing in of the members and the judge-advocate. 
 
 TIFF MFM15KRS. 
 
 1 . Members of a court-martial will be named in the 
 order appointing it, in accordance with their rank. 
 They will sit according to rank as announced, and will 
 ' ' behave with decency and calmness. " A court-martial 
 has no power to punish its members, but a member is 
 liable for improper conduct as for any other offense 
 against military discipline. Improper words used by a 
 member should be taken down in writing, and any dis- 
 orderly conduct, reported to the appointing authority.- 
 
 Reading of newspapers or other evidence of ii 
 tion by members of a court-martial during 
 constitutes a violation of duty to the prejudice of good 
 order and military discipline. It is the duty of the 
 president of the court to admonish against such inatten- 
 tion, and charges may be preferred against a member 
 who does not heed the admonition. 
 
 -'. "Members of a court-martial, in giving their votes, 
 shall begin with the youngest in commi In all 
 
 deliberations the law secures the equality of the 
 members. 
 
 3. When a member is prevented from attending a 
 session of the court he will communicate the cau>e TO 
 the judge-advocate, so that the same may be entered in 
 the record of proceedings. If he fail> to do so it is the 
 duty of the president at the next meeting of the court 
 to call upon him for such explanation as he may de>ire 
 to make. 
 
 4. A member stationed at the place where a court- 
 martial sits is liable to duty with his command during 
 adjournment of the court from day to day. 4 
 
 ' I 'ar. '.:/, A. K.,iin.l tlic.vTth A. W. 
 
 - I'ar. !:./. A. |{. 
 
 ' ; :i.~tli A. \\". A tic vote on tlir tin<ii>i<i* is a vote of "not irnilty:" a tie 
 \otc on a propose,! sentence or on any objection or motion is a \.>t.-in the 
 in'iiati\e. Tin- sentence is not adopteil. and (lie objection or motion is not 
 sustained. <Par. U5tf, A. K. 
 
 V? 
 
THE JUDGE-ADVOCATE. 23 
 
 THE PRESIDENT. 
 
 1. "A president of the court will not be announced. 
 The officer highest in rank present will act as presi- 
 dent." 1 Besides his duties and privileges as a member, 
 the president is the organ of the court to maintain 
 order and conduct its business. He speaks and acts for 
 the court in every instance where a rule of action has 
 been prescribed by law, regulations, or its own resolu- 
 tion. He administers the oath to the judge-advocate 
 and authenticates by his signature all acts, orders, and 
 proceedings of the court requiring it. 
 
 THE JUDGE- ADVOCATE. 
 
 1. " The judge-advocate * * shall prosecute in the 
 name of the United States, but when the prisoner has 
 made his plea he shall so far consider himself counsel 
 for the prisoner as to object to any leading question to 
 any of the witnesses, and to any question to the pris- 
 oner, the answer to which might tend to criminate 
 himself." 2 
 
 2. Before the court assembles the judge-advocate should 
 note and report to the convening authority any irregu- 
 larity in the order convening the court and see that the 
 charges are technically and correctly drawn. He may 
 ordinarily correct obvious mistakes of form, or slight 
 errors in name, dates, amounts, etc., but he should not, 
 without the authority of the convening officer, make 
 substantial amendments in the allegations, or least of 
 all reject or withdraw a charge or specification, or en- 
 ter a nolle prosequi as to the same, or substitute a new 
 and distinct charge for one transmitted tahim for trial. 
 
 3. The judge-advocate should acquaint the prisoner 
 with the accusations against him, inform him of his right 
 to have counsel, 3 and to testify in his own behalf, and 
 furnish him with a copy of the charges, if desired. He 
 may ask a prisoner how he intends to plead; but, when 
 the accused is an enlisted man, he should in no case try 
 
 1 Par. 95fl, A. K. - 90th A. W. 3 See page 25, post. 
 
 95fl 
 
24 THE JUDE-ADVOCATE. 
 
 to induce him to plead guilty or leave him to infer that 
 if he does so his punishment will be lighter. When the 
 accused determines to plead guilty the judge-advocate 
 should advise him of his right to introduce evidence in 
 explanation of his offense, and should assist him in secur- 
 ing it: and if the charge be desertion, the judge-advocate 
 should satisfy himself that the accused understands 
 that such plea will be an admission of his unauthorized 
 absence with the intention of not returning. 
 
 4. The judge-advocate should also, before the court 
 assembles, obtain a suitable room for the court, see that 
 it is in order, procure the requisite stationery, summon 
 necessary witnesses, 1 make a preliminary examination 
 of the latter, and as far as possible systematize his plans 
 for conducting the case. 
 
 5. During the trial the judge-advocate conducts the 
 case for the Government. He executes all orders of 
 the court; reads the convening order to the acci; 
 swears the members of the court, the reporter, inter- 
 preter, and all witnesses; arraigns the accused; exam- 
 ines witnesses; keeps, or superintends the keeping of, a 
 complete and accurate record of the proceedings,- and 
 affixes his signature to each day's proceedings/* In con- 
 junction with the president of the court he authenticates 
 the record by his signature, 8 and at the end of the trial 
 transmits the same to the convening authority. 4 Wlu-n- 
 ever, by reason of the death or disability of the judge- 
 advocate occurring after the court has decided on the 
 sentence, the record can not be authenticated by his 
 signature, it must show that it has been formally ap- 
 proved by the court and must be authenticated by the 
 signature of the president. 5 
 
 6. While the court is in open session the judge-advo- 
 cate should respectfully call the attention of the court 
 
 i Seepage 38, 
 
 1 fi'im for record, stv \<w 1 }_'. ;>ot 
 
 \. R. 
 
 ! 4 Id., 96r The proceedings of all courts appointed by the President will 
 be sent direct to the Secretary of War. (Par. 924, A K.) 
 
 *? 7s * 
 
COUNSEL. 25 
 
 to any illegalities in its action, and to. any irregularities 
 in its proceedings. He should act as legal adviser of 
 the court so far as to give his opinion upon any point 
 of law arising during the trial, when it is asked for by 
 the court, but not otherwise. 
 
 7. When a court sits in closed session the judge- 
 advocate will withdraw, and when his legal advice or 
 assistance is required, it will be obtained in open court. 1 
 
 8. Throughout the trial the judge-advocate should do 
 his utmost to present the whole truth of the matter in 
 question. He should oppose every attempt to suppress 
 facts or to torture them into false shapes, to the end 
 that the evidence may so exhibit the case that the court 
 may render impartial justice. 
 
 9. The judge-advocate should regard his duty toward 
 the accused as not strictly limited by the 90th Article 
 of War, and when the latter is ignorant and without 
 counsel the judge-advocate should take care that he 
 does not suffer upon the trial from any ignorance or 
 misconception of his legal rights, and has full oppor- 
 tunity to interpose such pleas and make such defense 
 as may best bring out the facts, the merits, or the ex- 
 tenuating circumstances of his case. 
 
 10. Whenever the court adjourns to meet at the call 
 of the president, the judge-advocate will notify the 
 members of the time designated by the president for 
 reassembling. 
 
 COUNSEL,. 
 
 1. The accused is not of right entitled to counsel, but 
 the privilege is almost invariably conceded, and if re- 
 fused, such refusal may be ground for the disapproval 
 of the proceedings. 2 
 
 2. The commanding officer of a post where a general 
 court-martial is convened will, at the request of any 
 prisoner who is to be arraigned, detail a suitable officer 
 
 as counsel for the defense. If there be no such officer 
 
 _____ / 
 
 i Par. 95J, A. B. 2 Digest Opins. J. A. G., 984. 
 
REPORTER. 
 
 ;*/ 
 
 available for detail the fact will be reported to the 
 authority appointing the court for his action. 1 
 
 M. An officer detailed as counsel for a soldier before 
 a general court-martial should guard the interests of 
 the accused by all honorable and legitimate means 
 known to the law, so far as they are not inconsistent 
 with military relations.- He should not obstruct the 
 proceedings with frivolous or manifestly useless ob- 
 jections. 
 
 4. If the judge-advocate keeps the record in lonylmml 
 the counsel will be required to reduce his questions and 
 arguments to writing; but if the court has a steno- 
 graphic reporter the counsel will be allowed to question 
 witnesses and address the court orally. 
 
 REPORT 1 I : . 
 
 1. "The employment of a stenographic reporter, 
 under section 1203, Revised Statutes, is authored for 
 general courts only, and in cases where the convening 
 authority considers it necessary. The commanding 
 officer will, when necessary, attiberize-tfae detail *- 
 enlisted man to assist the judge-advocate of a general 
 court in preparing the record." 1 
 
 J. 'When a reporter is employed under section 1203, 
 (1 Statutes, he shall be paid upon the certificate 
 of the judge-advocate, not to exceed $1 an hour for 
 the time occupied in court by himself or a competent 
 assistant, and 10 cents per 100 words for transcribing 
 the notes and 5 cents per 100 words for copying <-x 
 hibits; 4 for carbon copies, if ordered, he shall be paid 
 at the rate of 2 cents per 100 words. 4 In case the court 
 is held more than 10 miles from the place of employ- 
 ment of himself or assistants, they shall each be allowed 
 mileage over the shortest usually traveled route at the 
 rate of 8 cents per mile going to the place of holding 
 
 1 Par. !tiH. A. K. This privilege of l-iinr represented l.y counsel doe- 
 nut apply tn cases l.efmv interior courts. 
 
 '.!)/. 
 
 t When' the accused is furnished witli a copy ..f thf proctvdini:.-. in his 
 case by the judge-advocate, a note to that effect will accompany tl; 
 when forwarded. 
 
INTERPRETER CHALLENGE. 27 
 
 the court and $3 a day for expenses while necessarily 
 kept by the judge-advocate away from the place of em- 
 ployment. Carbon copies will only be ordered with the 
 approval of the convening authority, or, in the cases of 
 courts of inquiry and retiring boards, of the Secretary 
 of War." 1 
 
 3. Reporters are selected and employed by the judge- 
 advocate of the court, and will be paid by the Pay 
 Department on the certificate of the judge-advocate.' 2 
 
 4. "No person in the military or civil service of the 
 Government can lawfully receive extra compensation 
 for clerical duties performed for a military court." 3 
 
 INTERPRETER. 
 
 1 . " ' Interpreters to courts-martial are paid by the Pay 
 Department upon the certificate of the judge-advocate 
 that they were employed by order of the court. They 
 will be allowed the pay and allowances of civilian wit- 
 nesses." 4 
 
 CHALLENGE. 
 
 1. "Members of a court-martial may be challenged 
 by a prisoner, 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 a time. ' ' 5 Under the custom of the serv- 
 ice the judge-advocate may also challenge for cause. 
 
 2. A positive declaration by the challenged member 
 that he is not prejudiced against the accused, nor inter- 
 ested in the case, is ordinarily satisfactory to the accused, 
 and, in the absence of material evidence in support of 
 the objection, will justify the court in overruling it. If, 
 however, the statement is unsatisfactory, or the member 
 makes no response, the accused may offer testimony in 
 
 7/ iPar. 99jf, A. R. 
 
 2 Id. For form of voucher for payment of reporter, see page 177,jpos<. 
 /7/3Id.,996. 
 
 n Id., 997. As to pay, etc., of civilian witness, see page 42,post. Inter- 
 preters are paid on the blank forms used for civilian witnesses not in Gov- 
 ernment employ. 
 
 6 88th /A. W. This Article of War authorizes the exercise of the right of 
 challenge before all courts except summary courts. 
 
OATHS. 
 
 support of his objection or may subject the challenged 
 member to an examination by interrogatories in the 
 same manner that a juror is examined in criminal courts. 
 If the accused desires that the challenged member be 
 put on his roir r/t/r. the judge-advocate will administer 
 the oath before the court is sworn. 
 
 3. Courts should be liberal in passing upon challenges, 
 but they will not entertain an objection that i.s not spe- 
 cijic, nor one upon the mere assertion of the accus. -d. it 
 it is not admitted by the challenged member. A chal- 
 lenge upon the ground, admitted or proven, that a 
 member preferred the charges and is a material witness 
 in support thereof, or that he has investigated the 
 charges and expressed the opinion that they can be 
 established, should be sustained by the court. 
 
 4. The court of itself can not excuse a member in the 
 absence of a challenge. A member, not challenged, 
 who thinks himself disqualified, can be relieved only 
 by application to the convening authority. No member 
 who has been absent during the taking of evidence shall 
 thereafter take part in the trial; but this provi>i< u\ shall 
 not be construed as invalidating the pro< <! 
 courts-martial if no objection is made, and the court 
 permits the member to sit, but is to be regarded as a 
 requirement which should always be complied with 
 when practicable. Especially should a member who 
 has been absent during an important part of the pro- 
 ceedings not be permitted to resume his seat. 
 
 5. The judge-advocate is not challengeable: but in 
 case of personal interest in the trial he should apply to 
 the convening authority to be relieved. 
 
 OATH S.i 
 
 Of Members. The judge-advocate shall administer to 
 each member of the court, before proceedings upon any 
 
 ' \Vhfiir\rr id.- xmir .om-t-martial tri.'s nioi.- Ilmn pri.-ou.T on 
 
 s.-parat.- aii-l .li.-tiiii't diurg.'- tli- oath- linvin pr<-srriled will be admin- 
 istered anew. 
 
OATHS. 29 
 
 trial, the following oath, which shall also be taken by 
 all members of regimental and garrison courts-martial: 
 " You, A B, do swear that you will well and truly try 
 and determine, according to evidence, the matter now 
 before you, between the United States of America and 
 the prisoner to be tried, and that you will duly admin- 
 ister justice, without partiality, favor, or affection, 
 according to the provisions of the rules and articles for 
 the government of the armies of the United States, and 
 if any doubt should arise, not explained by said articles, 
 then according to your conscience, the- best of your 
 understanding, and the custom of war in like cases; 
 and you do further swear that you will not divulge the 
 sentence of the court until it shall be published by the 
 proper authority, except to the judge-advocate; 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 a due course of law. So help you God." l 
 
 2. Of the Judge- Advocate.-- When the oath has been 
 administered to the members of a court-martial, the 
 president of the court shall administer to the judge- 
 advocate, or person officiating as such, an oath in the 
 following form: - 
 
 " You, A B, do swear that you will not disclose or dis- 
 cover 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 due course 
 of law; nor divulge the sentence of the court to any but 
 the proper authority, until it shall be duly disclosed by 
 the same. So help you God." 3 
 
 3. Of Witness. All persons who give evidence before 
 a court-martial shall be examined on oath, or affirma- 
 tion, in the following form: 
 
 "You swear (or affirm) that the evidence you shall 
 give, in the case now in hearing, shall be the truth, the 
 
 1 84th A. W. 
 
 2 During the administration of the oaths to the court and the judge-advo- 
 cate, all members of the court, the judge-advocate, and the accused stand. 
 385th A. W. 
 
30 POSTPONEMENT. 
 
 whole truth, and nothing but the truth. So help you 
 God." 1 
 
 4. Of Reporter. " You swear that you will faithfully 
 perform the duties of reporter to this court. So help 
 you God." 
 
 .">. Of Interpreter. " You swear that you will truly 
 interpret in the case now in hearing. So help you 
 God." 
 
 r,. Voir Dire. "You s'wear that you will true an- 
 swers make to questions touching your competency as 
 a member of the court (or witness) in this case. So 
 help you < Jod." 
 
 I. .lud ^c-advocates of departments and of courts- 
 martial, and the trial officers of summary com 
 authorized to administer oaths for the purposes of mili- 
 tary justice, and for other purposes of military admin- 
 istration.' 
 
 8. "Any officer or clerk of any of the department.-* 
 lawfully detailed to investigate frauds on, or attempts 
 to defraud, the Government, or any irregularity or mis- 
 conduct of any officer or agent of the United States, and 
 any officer of the Army detailed to conduct an investi- 
 gation. and the recorder, and if there be none the pre- 
 siding officer of any military board appointed for such 
 purpose, shall have authority to administer an oatli to 
 any witness attending to testify or depose in the course 
 of such investigation.'' : 
 
 POSTPONEMENT. 
 
 1. If, before the accused is arraigned, a postponement 
 is nccewary, application therefor should properly be 
 made to the convening authority. The court may, dur- 
 ing trial, "for reasonable cause, grant a continuance to 
 either party, for such time, and as often as may appear 
 to be just: Pwi<le<l, That if the prisoner be in dose 
 
 \\. 
 
 I A. -i ,.r.iui\ 27,1892; Me Q. 0. 57, A. <;. 0., 
 
 1S3, K. 3., as amended by act of Man-b -J, iwl, \>. 1- 
 
ARRAIGNMENT PLEAS. 31 
 
 confinement, the trial shall not be delayed for a period 
 longer than sixty days." 1 
 
 2. Upon application by the accused for a postpone- 
 ment or a continuance because of the absence of a wit- 
 ness, it should distinctly appear, on his oath, that the 
 witness is material, and why, and that the accused has 
 used due diligence to procure his attendance, and has 
 reasonable ground to believe, and does believe, that he 
 will be able to procure such attendance within a reason- 
 able time stated. 
 
 3. Application for extended delay will, when practi- 
 cable, be made to the authority appointing the court. 
 When made to the court, if in the opinion of the court 
 it is well founded, it will be referred to the convening 
 authority to decide whether the court shall be adjourned 
 or dissolved. 
 
 ARRAIGNMENT. 
 
 1. The court being organized, and both parties ready 
 to proceed, the judge-advocate will read the charges 
 and specifications, separately and in order, to the ac- 
 cused, and ask him how he pleads to each "guilty," or 
 "not guilty." The order pursued, in case of several 
 charges or specifications, will be to arraign on the first, 
 second, etc., specifications to the first charge, then on 
 the first charge, and so on with the rest.' 2 
 
 PLEAS. 
 
 1. Ordinarily the plea of the accused is "guilty" or 
 "not guilty " to each charge and specification; or, guilty 
 of a specification excepting certain words, and of the 
 excepted words not guilty; or, as when charged with an 
 offense which includes a lesser one of kindred degree, 
 guilty to the specification except certain words, substi- 
 tuting therefor certain others, and to the charge not 
 guilty, but guilty of the lesser kindred offense. 8 
 
 1 '.*! A. W. 
 
 2 During the arraignment the judge-advocate and the accused stand. 
 
 3 See page 45, par. 3, post. 
 
32 PLEAS. 
 
 2. A plea of guilty does not necessarily exclude evi- 
 dence. In cases of discretionary punishment, 1 a full 
 knowledge of the circumstances attending the offense is 
 essential to the court in measuring the punishment, and 
 to the convening authority in acting on the sentence. 
 It is, therefore, proper for the court to take evidence 
 after a plea of guilty, except when the specification 
 is so descriptive as to disclose all the circumstances of 
 mitigation or aggravation. 
 
 3. In all cases after a plea of guilty, the accused will 
 be permitted to offer evidence in mitigation of the 
 offense charged. 
 
 4. When testimony is heard after a plea of "guilty," 
 the witnesses may be cross-examined, evidence may be 
 produced to rebut their testimony, evidence as to liar- 
 acter may be offered, and the court may be addn .- 
 extenuation of the offense or in mitigation of punish- 
 ment. 
 
 5. When the accused pleads "guilty" and, without 
 any evidence being introduced, makes a statement in- 
 consistent with his plea, the statement and plea will !>< 
 considered together, and if guilt is not conclusively 
 a dun tied, the court will direct the entry of a plea of 
 " not guilty, " and proceed to try the case on the i: 
 issue thus made. 
 
 6. If the prisoner, from obstinacy or deliberat* 1 
 sign, stands mute, or answers foreign to the purpose, 
 the court will proceed to trial and judgment as if the 
 prisoner had pleaded " not guilty." >J 
 
 7. Instead of pleading to the general issue, the ac- 
 cused may interpose a special plea either to the jurisdic- 
 tion, in abatement, or in bar of trial, 3 or he may mak 
 either of these special pleas to any specification, pre- 
 senting reasons why he should not be tried on it. The 
 
 -'.Ml, \ \\ . 
 
 plr: of ,ii<t,-tfi* <i<:/nit in u cuse involving both u ri\il ;tinl u mili- 
 tary offense, see Digest Opiu. J. A. G., 306, 1036, and n 
 
ATTENDANCE OF WITNESSES. 33 
 
 burden of substantiating such pleas rests on the ac- 
 cused. Both sides should be heard, and the proceed- 
 ings under the plea recorded. If the plea in bar of 
 trial be found valid, the court will report its decision 
 to the convening authority and await further instruc- 
 tions; if, by the special plea, an issue is made, the 
 court is empowered to sustain or overrule the plea; 1 
 when a special plea is made and overruled, the accused 
 will be required to plead to the general issue. 
 
 8. A second enlistment in the service of the United 
 States, when the first has not been fulfilled, is not void, 
 but voidable at the option of the United States only; so 
 that a man who, whilst serving under suph a second 
 enlistment, commits an offense, can not successfully 
 plead the fraudulent character of his second enlistment 
 in bar of trial. Paragraph 132, Army Regulations, re- 
 lates to soldiers not charged with crime who are dis- 
 covered to be deserters from the Navy or Marine Corps, 
 and does not interpose any obstacle to trial by court- 
 martial for offenses committed while in the military 
 service. 
 
 9. The statute of limitation (103d Article of War) is 
 not prohibitory as to jurisdiction,' 2 but is properly a 
 matter of defense, which, to be effective, must be 
 pleaded and proved, or, in some express manner, taken 
 advantage of on the evidence. 
 
 ATTENDANCE OF WITNESSES. 
 
 Sec. I. "The judge-advocate will summon the neces- 
 sary witnesses for the trial, but will not summon wit- 
 nesses at the expense of the Government without the 
 order of the court unless satisfied that their testimony 
 is material and necessary." 3 
 
 2. The accused is, in general, entitled to have all the 
 material witnesses for his defense summoned; except 
 when their testimony would be merely cumulative, and 
 evidently add nothing to the strength of his case. As 
 
 1 See page 20, Sec. v, ante ; also, page 150, note 2, post. 
 2 See Digest Opin. J. A. G., 320, aud note. 3 Par. 95 A. K. 
 
 3609 3 
 
 7 
 
34 ATTENDANCE OF WITNESSES. 
 
 far as possible, he should be allowed a full and free de- 
 fense, as the least denial to him of any proper facility, 
 opportunity, or latitude for it may serve to defeat the 
 ends of justice. 
 
 Sec. II. To procure the attendance of irifn esxes sta- 
 tioned or residing witliin the State, Territory, or />is- 
 trict in which flic court is ordered to sit. <md t<> 
 them to testify, etc., the judge-advocate will proceed as 
 follows: 
 
 1. Judge-advocates of courts-martial will, whenever 
 it is possible, send subpoenas through military channels. 1 
 In case a civilian witness duly subpoenaed before a gen- 
 eral court-martial refuses to appear or qualify as a wit- 
 ness, or to testify or produce documentary evidence, as 
 required by law, he will at once be tendon l ,,r paid bv 
 the nearest paymaster one day's fees and mileage for 
 the journeys to and from the court, and will thereupon 
 be again called upon to comply with the requirements 
 of the law. The fees and mileage of civilian wit 
 residing beyond the limits of the State, Territory, or 
 District in which the court-martial is held will n>t b- 
 paid in advance, as such witnesses can not be punished 
 if they refuse to obey the summons. 2 
 
 2. If the desired witness is a civilian, living near T Im- 
 post where the court is convened, duplicate sub] 
 
 will be prepared, one of which will be served upon the 
 witness by the judge-advocate or by any person in- 
 structed by him; if the residence of the witness wanted 
 is not near the post, but still within the State, etc., the 
 judge-advocate will send the duplicate subpoenas direct 
 to the convening authority, requesting service of the 
 same. 
 
 3. Service on a civilian witness is made, under court- 
 martial practice, by a personal delivery of the subim-na 
 to the witness; and proof of service by returning tin- 
 
 [f i Par. 967, A. R. 
 
 uf of Congress approved Maivh -. I'.ml, paio- li'T //. an.l par. 
 1000, A. K. 
 
 r forms, see pages 166 and l6J,post. 
 
ATTENDANCE OF WITNESSES. 35 
 
 duplicate original to the judge-advocate, indorsed as ex- 
 plained in the form published on page 167, post. Any 
 person may serve the subpoena, 1 but the service must be 
 personal. 
 
 4. Should a civilian witness fail to appear 2 after due 
 and reasonable notice, after having been served with a 
 subpoena, the judge-advocate has power to issue the 
 like process to compel him to appear and testify which 
 courts of criminal jurisdiction within the State, Ter- 
 ritory, or District where such court is convened may 
 lawfully issue. 3 This power also includes the power to 
 execute such process through an officer, who shall be 
 specially charged with its execution. 4 
 
 5. Whenever it becomes necessary to enforce the at- 
 tendance of a civilian witness, as provided in the pre- 
 ceding paragraph, the judge-advocate will issue a 
 warrant of attachment 5 directing and delivering it for 
 execution to an officer designated by the department 
 commander for the purpose. He will also deliver to 
 this officer the subpoana, indorsed with affidavit of 
 service (to be returned when the warrant is executed) , 
 and a certified copy of the order appointing the court- 
 martial. 
 
 6. In executing such process it is lawful to use only 
 such force as may be necessary to bring the witness 
 before the court. Whenever force is actually required, 
 the post commander nearest witness's residence will 
 furnish a military detail sufficient to execute the pro- 
 cess. 6 
 
 7. If, in executing this legal process, the officer de- 
 tailed for that purpose should be served with a writ of 
 habeas corpus from any United States court, or by a 
 United States judge, for the production of the witness, 
 
 1 Par. iir.tf, A. K. 
 
 2 Such witness may also be prosecuted under act of Congress approved 
 March 2, 1901; see page m,post. 
 
 Sec. 1202, R. S. 
 4 12 Opins. Atty. Gen., 501. 
 6 For form, see page 168, post . 
 6 Par. 9WT, A. K. 
 
36 ATTENDANCE OP WITNESSES. 
 
 the writ will be promptly obeyed and "the person 
 alleged to be illegally restrained of his liberty will be 
 taken before the court from which the writ has issued, 
 and a return made setting forth the reasons for his 
 restraint. The officer upon whom such a writ is served 
 will at once report, by telegraph, the fact of such service 
 direct to The Adjutant General of the Army and to the 
 commanding general of the department.'' l 
 
 8. If, however, the writ of Jutlx-as corpus is issued by 
 any State court (or a State judge) it will be the officer's 
 duty to make respectful return, in writing, informing 
 the court that he holds the person named in the writ by 
 authority of the United States pursuant to a warrant of 
 attachment issued under section 1202 of the Revised 
 Statutes of the United States by a judge-advocate of a 
 lawfully convened court-martial, and that the Supreme 
 Court of the United States has decided that State courts 
 and judges are without jurisdiction in such ca> 
 
 9. After having made the above return, it is the duty 
 of the officer to obey the process of the United States, 
 to hold the prisoner in custody under it, and to ivt'u.-t- 
 obedience to the mandate or process of any other gov- 
 ernment. And, consequently, it is his duty not to take 
 the prisoner, nor suffer him to be taken, before a State 
 judge or court upon a writ of habeas corpus issued 
 under State authority. 3 
 
 10. " Every person not belonging to the Army of the 
 United States who, being duly subpoenaed to appear as 
 a witness before a general court-martial of the Army, 
 willfully neglects or refuses to appear, or refuses to 
 qualify as a witness or to testify or produce documentary 
 evidence which such person may have been legally sub- 
 ptpnaed to produce, shall be deemed guilty of a misde- 
 meanor, for which such person shall be punished on 
 information in the district court of the United States; 
 and it shall be the duty of the United States district 
 
 1 Par. 100/, A. U. For .-neral form for return, see IMW 17'.), post. 
 
 2 Pars. lOOfifand 1007, A. K. For form for return, see jia- 
 
 3 See cases cited in *' Form B," page 180, post. 
 
 k 
 
ATTENDANCE OF WITNESSES. 37 
 
 attorney, on the certification of the facts to him by the 
 general court-martial, to file an information against 
 and prosecute the person so offending, and the punish- 
 ment of such person, on conviction, shall be a fine of 
 not more than five hundred dollars or imprisonment not 
 to exceed six months, or both, at the discretion of the 
 court: Provided, That this shall not apply to persons 
 residing beyond the State, Territory, or District in 
 which such general court-martial is held, and that the 
 fees of such witness, and his mileage at the rates pro- 
 vided for witnesses in the United States district court 
 for said State, Territory, or District shall be duly 
 paid or tendered said witness, such amounts to be paid 
 by the Pay Department of the Army out of the appro- 
 priation for compensation of witnesses: Provided, That 
 no witness shall be compelled to incriminate himself or 
 to answer any questions which may tend to incriminate 
 or degrade him." 1 
 
 11. If the attendance of a military witness, stationed 
 at the post where the court is convened, is desired, and 
 a formal notification is necessary, a summons in the 
 form set out on page lQ5,post, will be transmitted to the 
 witness through the post commander. If the military 
 witness is stationed at another post the department 
 commander will be requested to order the witness to 
 attend. 
 
 12. "Every person not belonging to the Army of the 
 United States,' 2 who, in the Philippine Islands, being 
 duly subpoenaed to appear therein as a witness before a 
 general court-martial of said Army, willfully neglects 
 or refuses to appear, or refuses to qualify as a witness 
 or to testify or produce documentary evidence which 
 
 1 Act of Congress approved March 2, 1901, sec. 1, page 127, post. If an 
 oll'ircr who is charged with serving a subpoena pays the necessary fees and 
 mileage to a witness, taking a receipt therefor, he is entitled to reimburse- 
 ment. (Cir. 38, A. G. 0., 1901.) 
 
 - Employes of the civil government of the Philippine Islands, paid from 
 insular funds of the Islands, are held not to be in the employ of the United 
 Suites. (Dec. (,'oinpt. Treas., Aug. 20, 1902; Cir. 45, A. G. 0., 1902.) 
 
38 ATTENDANCE OF WITNESSES. 
 
 such person may have been legally subpoenaed to pro 
 duce, shall be punished by a fine of not more than five 
 hundred dollars, United States currency, or imprison- 
 ment not to exceed six months, or both, at the discretion 
 of the court, and it shall be the duty of the proper 
 fiscal or prosecuting officer, on the certification of the 
 facts to him by the general court-martial, to file in the 
 proper court a complaint against and prosecute the per- 
 son so offending: Pron',1,,1. That one dollar and fifty 
 cents, United States currency, for each day's attend- 
 ance, and five cents, United States currency, per mile 
 for going from his place of residence to the place of 
 trial or hearing and five cents per mile for returning, 
 shall be duly tendered to said witness: Provided fw 
 ther, That no witness shall be compelled to incriminate 
 himself or to answer any question which may tend to 
 incriminate him." ' 
 
 13. With the consent of both parties the deposition of a 
 military or civilian witness residing or stationed within 
 the State, Territory, or District in which the court sits 
 may be taken and read in evidence. 
 
 Sec. III. To procure the ti-xtinwuij of witnestet *f<i 
 tin,,, ,1 or rrsi,ling without the State, etc., the following 
 fu'tn-tice will be <>/'><< /. 
 
 1. A writ of attachment does not run beyond the 
 State, Territory, or District in which the court-martial 
 sits. The testimony of civilian witnesses residing be- 
 yond such State, Territory, or District will ordinarily 
 be taken by deposition under the 91st Article of War; 
 but this can not be done when it is necessary that they 
 should be confronted with the accused. In such cases 
 their testimony can only be taken on their voluntarily 
 appearing before the court. 
 
 The testimony of military witnesses stationed or re- 
 siding beyond 2 the State. Territory, or District in which 
 the court sits will also ordinarily be taken by deposition. 
 
 ' Art ,.f tlu> l'liilip|iiii<- (Commission (No. 1130), dated April 28, 1904; kw 
 also Cir. 45, A. G. O., 1:>J. 
 2 See page 169, note 2, post. 
 
ATTENDANCE OF WITNESSES. 39 
 
 2. The method of procedure to obtain a deposition 1 
 is as follows: 
 
 The party, prosecutor or defendant, desiring the depo- 
 sition, submits to the court a list of interrogatories to 
 be propounded to the absent witness; the opposite party 
 then prepares and submits a list of cross-interrogatories, 
 a reasonable time being allowed for this purpose; redi- 
 rect and recross-interrogatories are added, if desired; 
 finally the court, having assented to the interrogatories 
 thus submitted, adds such as, in its judgment, may be 
 necessary to elucidate the whole of the witness's testi- 
 mony. 
 
 The interrogatories having been accepted by the court, 
 the judge-advocate will, if the witness is a civilian, pre- 
 pare duplicate subpoenas- requiring the witness to 
 appear in person, at a time and place to be fixed by the 
 officer, military or civil, who is to take the deposition. 
 If the name of this officer is not known, the space for it 
 will be left blank. 
 
 The judge-advocate will then send the interrogatories 
 and subpoenas to the convening authority, with a 
 request that the deposition be secured. 
 
 Depositions may also be taken before the assembling 
 of the court-martial, on interrogatories and cross-inter- 
 rogatories or on reasonable notice, subject to exceptions 
 when read in court. 
 
 3. If the deposition of a military witness is required, 
 subpoenas will not be inclosed with the interrogatories, 
 but the officer before whom the deposition is to be taken, 
 or the officer who causes it to be taken, will direct the 
 witness to appear at the proper time and place. 
 
 4. Judge-advocates of departments and of courts- 
 martial, and the trial officers of summary courts, are 
 authorized to administer oaths and take depositions. ;j 
 If none of these officers are available, any other army 
 officer may be designated to see that the deposition is 
 
 1 For form, see page 169, fioxt. 2 jr or form, see page 167, ]>nst. 
 
 "Sec. 4, act of July 27, 1892; see G. 0. 57, A. G. 0., 1892. 
 
4o ATTENDANCE: <>F \\ITNKSSES. 
 
 properly taken; 1 but the oath in such a case must be 
 administered and the deposition authenticated by a civil 
 officer empowered by law to administer oaths for gen- 
 eral purposes. 
 
 5. Persons before whom depositions of civilian wit- 
 nesses are taken for use before courts-martial will be 
 paid the fees allowed by the law of the place where the 
 depositions are taken. 9 
 
 6. Upon the return of the interrogatories and deposi- 
 tion they will be submitted to the court by the president 
 or judge-advocate. The papers will then be properly 
 marked, appended to the record, and referred to in the 
 proceedings, where all action upon the subject neces- 
 sary for the information of the reviewing authority 
 will be recorded. 
 
 7. Upon the receipt of the deposition, the judge-advo- 
 cate will also prepare and sign the ordinary ' ' accounts 
 for a civilian witness,'* :1 substituting for the usual state- 
 ment in regard to attendance before the court a state- 
 ment that he duly attended as a witness at a certain 
 time and place and duly gave his deposition before a 
 certain official named, and then transmit them to the 
 witness with duplicate copies of the order convening 
 the court. The period of iittrmiiincec&u be ascertained 
 from the deposition. 
 
 8. In cnjiitttl cases (/. e. t those in which the offense is 
 punishable by death), 4 or in cases where th judge- 
 ad vocate can certify " that the interests of justice de- 
 mand that the witness shall testify in the presence of 
 the court," the regular subpoenas will be made out by 
 the judge-advocate, certified to as above, if necessary, 
 and transmitted to the department commander of the 
 department where the court is convened, with a request 
 
 1 An otVircr MI decimated will, liefore serving tin- siil>p<en;i. complete it if 
 necessary l>y inserting the name and ullicial designation of tin- i,, 
 other official having authority to administer the oath- >. l>,-f,,iv whom it is 
 to be taken and tin- date on which and place where it i- in,,],,.-, .| t., t ,k, it 
 When the deposition ha* I.eeii duly taken, he will certify to thi> fa, t and 
 transmit it direct to the president of tin' court. 
 
 -Til. I-J, A. <;. O., liKll. 
 
 3 For forms see pa^,- 171 1 17:',. /..^. 
 
 4 Iii time of peace desertiou is not a capital often--. 
 
ATTENDANCE OF WITNESSES. 41 
 
 that they be duly served on the witness, if a civilian. 
 If the witness is in the military service the department 
 commander will be requested to order him, or cause 
 him to be ordered, to attend before the court. 
 
 9. An officer or enlisted man who receives a summons 
 or subpoena to attend as a witness before any military 
 court, board, civil court, or other competent tribunal, 
 which is sitting beyond the limits of the department 
 where he is serving, will, before starting to obey the 
 same, forward it through the proper channel to his 
 department commander, that necessary orders, or au- 
 thority to obey such process may be given. In urgent 
 cases, or when the public interest would be liable to 
 suffer by delay, a post commander may authorize im- 
 mediate departure, reporting his action and the reasons 
 therefor to the department commander. 
 
 10. "Officers and enlisted men reporting as witnesses 
 before a civil court should receive from the civil 
 authorities the necessary expenses incurred in travel 
 and attendance; neither mileage nor travel allowances 
 will be paid in such cases by the War Department. 
 If, however, it is absolutely necessary to furnish them 
 transportation in kind to enable them to appear, as 
 witnesses for the Government, before a civil court 
 of the United States, an account of such expenditure, 
 together with the evidence that they were properly sub- 
 poenaed and did attend the court, will be forwarded to 
 the War Department for presentation to the Department 
 of Justice. Officers providing such transportation will 
 notify the court, or the marshal thereof, that it was fur- 
 nished to enable the witnesses to perform the requisite 
 journeys in obedience to the summons." 1 
 
 i Par. 75, A. R. 
 
42 FEES OF WITNESSES. 
 
 FEES OF WITNESSES. 1 
 
 1 . A civilian witness before a court-martial is entitled, 
 upon his discharge, to receive from the judge-advocate- 
 a certificate, setting forth the fact of his having 
 summoned as a witness in the case, and the number of 
 days of his attendance in that capacity before the court. 
 To entitle a witness to the payment of fees, it is not 
 essential that he should produce a formal subpu?iia. ad- 
 dressed to and complied with by him, or that he should 
 have been formally summoned in the case. A strict 
 observance, however, of section I, page :;:!. <////<-, would 
 require the issue of formal subpo?nas to witnes 
 both sides, and it is the better practice or the judge- 
 advocate to cause such to be served in each inst;. 
 
 ,'. ' ( 'ivilians in the employ of the Government when 
 traveling upon summons as witnesses before military 
 courts are entitled to transportation in kind from their 
 place of residence to the place where the coun 
 M-s-i.in and return. If no transportation be furnished. 
 they are entitled to reimbursement of the cost of tra\ ! 
 actually performed by the shortest usually traveled 
 route, including transfers to and from railway stations* 
 at rates not exct'fdiim :>o cents for each transfer, and 
 the cost of a double berth in a sleeping car or steamer 
 when an extra charge is made therefor. They are also 
 entitled to reimbursement of the actual cost of meals 
 and rooms at a rate not exceeding $3 per day for each 
 day actually and unavoidably consumed in travel or in 
 attendance upon the court under the order or summons. 
 No allowance will be made to them when attendance 
 upon court does not require them to leave their sta- 
 tions. ' M 
 
 1 When tin- employment nf expert* is necessary in a trial by court-martial, 
 the judp-advocate will apply t.. tli' Secretary of War for author;' 
 ploy them and for a decision as to tin- compensation to l.c paid tip in. 
 
 -Or the summary court officer if tin- witne.-s In- before a summai \ 
 
 '' \ Chilian witness must be duly -ubpo-naed and tendered fees Binder thf 
 act of Congress approved March -2, 1!01, in order to maintain the prosecu- 
 tion authorized by that act. See page 36, par. 10, at> . 
 
 * Par. 904, A. B. 
 
FEES OF WITNESSES. 
 
 3. "A civilian not in Government employ duly sum- 
 moned to appear as a witness before a miltary court 
 will receive $1.50 per day for each day actually, in at- 
 tendance upon the court, and 5 cents a mile for going 
 from his place of residence to the place of trial or hear- 
 ing, and 5 cents a mile for returning; but in Wyoming, 
 Montana, Washington, Oregon, California, Utah, New 
 Mexico, Arizona, and Porto Rico he will be paid 15 cents 
 for each mile necessarily traveled over any stage line or 
 by private conveyance, and in Porto Rico 10 cents for 
 each mile over any railway in such travel." l The first- 
 mentioned rates apply to the Philippine Islands. 2 
 
 4. " The charges for return journeys of witnesses will 
 be made upon the basis of the actual charges allowed 
 for travel to the court, and the entire account thus 
 completed will be paid upon discharge from attendance, 
 without waiting for completion of return travel." 3 
 
 5. "The items of expenditure authorized in para- 
 graphs 99$ and 99T (Army Regulations) will be set 
 forth in detail and made a part of each voucher for 
 reimbursement. No other items will be allowed. The 
 correctness of the items will be attested by the affida- 
 vit of the witness, to be made when practicable before 
 the judge-advocate. The certificate of the judge-advo- 
 cate will be evidence of the fact and period of attend- 
 ance, and will be made upon the voucher." 4 
 
 7. "Compensation to civilians in or out of Govern- 
 ment employ for attendance upon civil courts is payable 
 by the civil authorities." 5 
 
 8. The fees of civilian witnesses, and the mileage of 
 witnesses and fees of civil officers taking depositions, 
 will be paid by the Pay Department. 
 
 ar. 999? A. K. A civilian not in Government employ, when furnished 
 transportation oh transport or otherwise, is entitled to 57.142 per cent of 5 
 .n ts per mi].; (equal to 2.857 cents per mile). (Cornp. Dec., Aug. '20, 1902.) 
 
 -'SeeCir. 45, A. G. O., 1902. 
 
 3 Par. 100J, A. K. 
 
 3 
 
 /< Id., lOOf. 
 'I 5 Id., 1003. 
 
44 EXAMINATION <)F \\TTNE88ES. 
 
 EXAMINATION OF WITNESSES. 
 
 1 . Witnesses are usually examined apart from each 
 other, no witness being allowed to be present during the 
 examination of another who is called before him. But 
 this rule is not inflexible; it is in modern practice sub- 
 ject to the discretion of the court, nor is it ever so 
 rigidly observed as to exclude the testimony of a person 
 who has been present at the examination of other wit- 
 
 2. Courts-martial follow in general, so far as apposite, 
 the common-law rules of evidence J as observed by the 
 United States courts in criminal cases, but they are not 
 required by statute to do so, and a certain latitude in 
 the introduction of evidence and the examination of 
 witnesses, by an avoidance of technical and restrictive 
 rules, is permissible when it is in the intrrot of the 
 administration of military justice, but no witness shall 
 be compelled to incriminate himself or to answer any 
 question which may tend to incriminate OT degrade him.- 
 The accused at his own request, but not otherwise, is 
 competent to testify. His failure to make such a request 
 shall not create any presumption against him. 
 
 3. While the proper and usual order and sequence of 
 examination of witnesses is outlined in the "form for 
 record of a General Court-Martial," page 142, jx>xf. the 
 court may, in the interest of truth and justice, call or 
 recall witnesses, or permit their recall at any stage of 
 the proceedings; it may permit material testimony to 
 be introduced by either party quite out of its iv-nlar 
 order and place, or permit a case once closed by either 
 or both sides to be reopened for the introduction of 
 
 'Copies of any records or papn-s in tin- War Department r any ..f it- 
 luireaii>, if autlii-ntiratrd l>v the impressed stamp of the bureau or omV.- ha\ - 
 ing custody of the originals (.</.," Tin- Adjutant (M-neral's < Mure. ( tli< ia! 
 Copy"), may !>< admitted in evidence equally with tin- oriirinals thereof 
 before any court-martial, court of inquiry, or in any adminit-trative matter 
 under the War Department. (. O. 91, A. G. (>., 1900.) 
 
 : < ,,n_n. >x appioved March '2, 1901, aec. 1, page 111, post. 
 
 3 20 U.S. Stats., 30. 
 
FINDING. 45 
 
 testimony previously omitted, if convinced that such 
 testimony is so material that its omission would leave 
 the investigation incomplete. In all such cases both 
 parties must be present, and any testimony thus received 
 would be subject to cross-examination and rebuttal by 
 the party to whom it may be adverse. 
 
 4. Affidavits taken ex parte and not as depositions 
 under the 91st Article of War are in no case admissible 
 as evidence unless expressly consented to by the ac- 
 cused with full knowledge of his rights. 
 
 5. The accused, in addition to his own testimony, or 
 in cases where he has not testified, may make a verbal 
 or written statement as to the case. The statement 
 should not be sworn to, and if sworn to should not be 
 received as evidence by the court. 
 
 FINDING. 
 
 1. The finding of the court will be governed by the 
 evidence considered in connection with the plea. The 
 finding upon the charge should be consistent with that 
 upon the specification. 
 
 2. The accused may be found guilty of parts of the 
 specification, not guilty of the remainder, and then, if 
 the specification still supports the charge, guilty of the 
 charge. 
 
 3. If the evidence proves the commission of an offense 
 less in degree than that specified, yet kindred to it, the 
 court may except words of the specification, substitute 
 others instead, pronounce the guilt and innocence of the 
 substituted and excepted words, respectively, and then 
 find the accused not guilty of the charge but guilty of 
 the lesser kindred offense. Of this form of verdict the 
 most familiar is the finding of guilty of absence with- 
 out leave under a charge of desertion. In such a case, 
 in its finding of guilty upon the specification, the court 
 should in terms except the words " did desert," and " in 
 desertion," and substitute therefor, respectively, ther 
 words "did absent himself without leave from," and 
 
46 PREVIOUS CONVICTIONS. 
 
 " without leave." The finding upon the charge should 
 regularly be "not guilty, but guilty of absence without 
 leave, in violation of the 32d Article of War.' 1 ' 
 
 4. Another legal and now common form of finding is 
 where an accused is charged with a specific offense, 
 made punishable by an Article of War, other than the 
 62d, and the court is of the opinion that, while the 
 material allegations in the specification are proved, they 
 do not fully sustain the charge as laid, but do < -learly 
 establish a breach of military discipline; in this case the 
 accused may properly be found guilty of the specifica- 
 tion, and not guilty of the charge, but guilty of " con- 
 duct to fin i> <>f good order ami militari/ 
 discipline." It should be remembered, however, that 
 the court can not in its finding legally substitute the 62d 
 Article of War for any other, unless the proof fails to 
 substantiate the specification under the original charge. 
 The reverse of this form of finding lias never been sanc- 
 tioned. Thus where a charge is laid under the general 
 article, a finding under any other article, or, where a 
 charge is laid tinder a specific article, a finding under 
 any other specific article, would be illegal. 
 
 "). In a case of virtual acquittal, to use the term 
 11 guilty " is improper; the correct expression is, " find 
 the facts as charged, but attach no criminality thereto.'' 
 *< Jnilty " should be employed only when the accused 
 has been convicted of a crime deserving punishment. 
 
 1. Whenever a soldier is convicted of an offense for 
 which a discretionary punishment is authorized, the 
 
 1 It is be\oiid tin- power i if a reviewing oth'cer to change ;i rinding I'.v his 
 own action. Thus win-re, in a oast- of de-eition. tin- revjrwniir authority 
 approved "BO inncli only of tin- finding of guiltx of de*. -rtion a- roiivi. ted 
 tin- KCCUWd nf alence without leave." it was held that h- thus sultitnted 
 ft finding Of hia Own for that of the court, ami that Ins action \\a- miaii- 
 thori/.ed. 
 
 - Hy "previous conviction" is .meant a conviction where the sentence 
 has hern approved by competent authority. This refers to all triai- 
 where the only oHicer present sits as a summary court, when no approxal 
 
 of the -elltrlicr is IVouilvd 1,\ hiw. 
 
PREVIOUS CONVICTIONS. 47 
 
 court will receive evidence of previous convictions, if 
 there be any; such evidence being limited, except in 
 the case of desertion, to previous convictions by courts- 
 martial ' of an offense or offenses within one year pre- 
 ceding the date of any offense charged and during the 
 current enlistment. General, regimental, and garrison 
 courts-martial will, after a finding of guilty, be opened 
 for the purpose of ascertaining whether there is such 
 evidence and, if so, of receiving it.- These courts will 
 consider only such evidence of previous convictions as 
 is referred to them by the convening authority. 
 
 2. Previous convictions by courts-martial must be 
 proved by the records of previous trials and convictions, 
 or by duly authenticated copies of such records, or by 
 duly authenticated copies of the orders promulgating 
 such trials. :! The usual evidence of previous convictions 
 by summary "court is the copy of a summary court 
 record furnished to company and other commanders, as 
 required by paragraph 964, Army Regulations, or one 
 furnished for the purpose and certified to be a true 
 copy by the commanding officer or adjutant (at the 
 headquarters where the original record of the summary 
 court which tried the case is kept). When the proof 
 produced is the copy furnished to the company or other 
 commander, it will be returned to him and a copy of it 
 attached to the record. 4 
 
 3. The previous convictions are not limited to those 
 for offenses similar to the one for which the accused is 
 on trial. The object is ' to see if the prisoner is an old 
 offender, and therefore less entitled to leniency than if 
 on trial for his first offense.'' This information might 
 not be fully obtained if evidence of previous convictions 
 of similar offenses only were laid before the court. It 
 has no bearing upon the question of guilt of the par- 
 ticular charge on trial, but only upon the amount and 
 
 1 The introduction of evidence of convictions by civil courts is not 
 authorized. 
 
 utivu order of June 12, 1905, page 57, Art. Ill, sec. 2, poxt. 
 
 Id., iiK-. r >7, Art. Ill, sec. Impost. 
 
 * Par. 970, A. R 
 
48 PUNISHMENT. 
 
 kind of punishment to be awarded, and to this end it is 
 proper that all previous convictions should be known. 
 
 PUM^IIM KVT. 
 
 1. Punishment, under the Articles of War, is either 
 fixed or is left to the discretion of a court-martial. If 
 the punishment is prescribed in the article violated, any 
 other punishment than that prescribed is illegal. Before 
 pronouncing sentence, the court should, therefore, in 
 case of any uncertainty, examine the article violated to 
 see what punishment may be legally awarded, and in 
 awarding punishment it should be remembert-.l that 
 the proper amount of punishment is the least by which 
 discipline can be efficiently maintained. 
 
 .'. /'<>/ itfin-rs, the legal punishments by courts- 
 martial, depending on the nature of the offense, are 
 death, dismissal, suspension from rank, command, or 
 duty, with or without loss of pay or part of pay, loss of 
 rank, imprisonment, fine or forfeiture of pay, repri- 
 mand, and confinement to limits of post or reservation. 
 
 :;. /'</ NO/.//V/-.S, the legal punishments, depending on 
 the character of the offense and the jurisdiction of tin- 
 court, are, death, confint-mnit. 1 confinement on bread- 
 anl-water diet, solitary confinement, hard labor, ball 
 and chain, forfeiture of pay and allowances, dishonor- 
 able discharge from service,- for first-class privates re- 
 duction to second-class privates, and reprimand: for 
 noncommissioned officers, reduction to the ranks a 
 and for "candidates for promotion," deprivation of all 
 rights and privileges arising from a certificat- 
 eligibility. 4 
 
 4. "No person in the military service shall be pun- 
 ished by flogging, or by branding, marking, or tattooing 
 on the body." 5 
 
 1 Contiii.-iiu-nt without hard lal-or should n.-vor IK- imposed. 
 9 A dishonorable discharge is an rntin- expulsion from tin- Army and 
 ill uiif\pin-il fhlistiin-nts. 
 
 -t noncommissioned staff otnYors and hospital sergeant > ( 1 - 
 though lialili- to ili-rharirc for im-ltirirm-y or feteoonduct, will not IK- tv- 
 dii.-i-d." il'ai-. in-Jaiid U:r,. A. R.) 
 
 Act of July 30, IWfJ: s,-,- (;. o. lv-J. 
 
 6 98th A . \\ . 
 
PUNISHMENT. 49 
 
 5. Military prisoners will not be punished by being 
 required to carry a heavy log. Some other punishment 
 can be found equally effective and not open to the 
 objections urged against this method. 
 
 6. Punishment by ball and chain will be imposed only 
 in extreme cases. 1 
 
 7. "Sentences imposing tours of guard duty are for- 
 bidden." 
 
 8. Solitary confinement, or confinement on bread-and- 
 water diet, shall not exceed fourteen days at a time, nor 
 be again enforced until a period of fourteen days has 
 elapsed. Nor shall such confinement exceed eighty- four 
 days in any one year. 3 
 
 9. A court-martial can direct a forfeiture only in favor 
 of the United States, and can not assign the pay of a 
 soldier to any other person; nor can a soldier be required 
 to receipt for money paid without his consent. 
 
 10. If a soldier be brought to trial for absence without 
 leave and convicted, or for desertion and is convicted 
 of absence without leave only, the soldier will be 
 charged with the expense of transportation of himself 
 and guard to his proper station. It is not necessary for 
 the court to include this charge in its sentence. The 
 company commander will make the charge without the 
 action of the court. 4 
 
 11. "If a soldier be brought to trial under a charge 
 of desertion and acquitted, or convicted of absence 
 without leave only, or if thes 
 
 ity, any amount paid as a reward for his 
 arrest will not be stopped against his pay unless, in case 
 of conviction of absence without leave, the sentence of 
 the court shall so direct. The sentence in such case 
 should direct the charge to take the form of \ stoppage, 
 not a forfeiture, thus allowing the amounts to be 
 credited as a reimbursement." 5 
 
 1 See page 67, par. 3, post. -"-See page 5!), poxl. 
 
 ? 2 Par. 97)?, A. K. . > Par. 12jT, A. Jt. 
 
 ; ' Par. 12K, A. H. This paragraph is not affected by the order of the Pi 
 deiit prescribing the limit of punishment. Sn- page 52, pvst, note. 
 
 -4 
 
 7 
 
50 LIMITS OF 1MMSHMENT. 
 
 12. "No person in the military service shall, under 
 the sentence of a court-martial, be punished by confine- 
 ment in a penitentiary, unless the offense of which lie 
 may be convicted would, by some statute of the United 
 States, or by some statute of the State, Territory, or Dis- 
 trict in which such offense may be committed, or by 
 the common law, as the same exists in such State, 
 Territory, or District, subject such convict to such 
 punishment." ' 
 
 13. The 9?th Article of War limits th<> discretion of 
 the court only as "to imprisonment in the peiiitt n- 
 tiary, and it has been nowhere provided that the pun- 
 ishment may not in other respects be greater than the 
 civil courts could inflict."- Notwithstanding this, a 
 court-martial slmuM properly consult the statir 
 erning the civil courts, in order to determine a reason- 
 able measure of punishment for the offense. 
 
 14. The most common offenses punishable by confine- 
 ment in a penitentiary are those mentioned in Article 
 60, and robbery, grand larceny, embezzlement, f< > 
 burglary, arson, mayhem, manslaughter. aanlt with 
 intent to kill, rape, or assault with intent to commit 
 rape. Any of these offenses, when committed to the 
 prejudice of good order and military discipline, either 
 in time of peace or war, are punishable as stated. 
 
 MAMMTM LIMITS OF IMM^IIMl Nl. 
 
 The act of September 27, I MM), provides: "That when- 
 ever by any of the Articles of War for the government 
 of the Army the punishment on conviction of any mili- 
 tary offense is left to the discretion of the court-martial, 
 the punishment therefor shall not, in time of pe.i 
 in excess of a limit which the President may prescribe. ' ' 
 
 1'iTthA. W. Thi-l'hili|.i.iii.- M-m-Niie : ninny within 
 
 tin- mi-ailing f tlif Article^ df \\ at. 
 -'/> ;,,/, Masun. KtS I 
 3 These limits ajijily to the i>uiii>linn-iit f fuli.-trd nu n <>nh 
 
LIMITS OF PUNISHMENT, 51 
 
 The last order of the President prescribing limits of 
 punishment is as follows: 
 
 THE WHITE HOUSE, June IS, 1905. 
 The Executive order, dated March 26, 1901, establish- 
 ing limits of punishment for enlisted men of the Army, 
 under an act of Congress approved September 27, 1890, 
 and which was published in General Orders, No. 42, 
 Headquarters of the Army, Adjutant General's Office, 
 March 26, 1901, is amended so as to prescribe as follows: 1 
 
 ARTICLE I. 
 
 In all cases of desertion- the sentence may include dis- 
 honorable discharge and forfeiture of pay and allow- 
 ances. 
 
 Subject to the modifications authorized in section 3 
 of this article, the limit of the term of confinement (at 
 hard labor) for desertion shall be as follows: 
 
 SECTION 1. In case of surrender 
 
 (a) When the deserter surrenders himself after an 
 absence of not more than thirty days, one year. 
 
 (b) When the surrender is made after an absence of 
 more than thirty days, eighteen months. . 
 
 SEC. 2. In case of apprehension 
 
 (a) When at the time of desertion the deserter shall 
 not have been more than six months in the service, 
 eighteen months. 
 
 (b) When he shall have been more than six months 
 in the service, two and one-half years. 
 
 SEC. 3. The foregoing limitations are subject to mod- 
 ification under the following conditions: 
 
 (a) The punishment of a deserter may be increased 
 by one year of confinement at hard labor in consider- 
 ation of each previous conviction of desertion. 
 
 (b) The punishment for desertion when joined in by 
 two or more soldiers in the execution of a conspiracy, or 
 for desertion in the presence of an outbreak of Indians 
 or of any unlawful assemblage which the troops may 
 be opposing, shall not exceed dishonorable discharge, 
 forfeiture of all pay and allowances, and confinement 
 at hard labor for five years. 
 
 1 Tin's onler is publishccl in G. O. !W, War Dept., June 19, 1905. 
 
 2 A .soldier who has deserted in time of war, but who is tried in time of 
 pence, comes within the provision of this article. 
 
52 
 
 LIMITS OF PUNISHMENT. 
 ARTICLE II. 
 
 Except as herein otherwise indicated, punishments 
 shall not exceed the limits prescribed in the following 
 table: 
 
 Offenses. 
 
 Limit- of puni-hment. 
 
 I'xi-m ITrii ART i' 
 YS AK. 
 
 Selling hoiseoi -anus, nr iHith. 
 Selling accoutermeuts 
 
 Selling i-lnthingi. 
 
 or spoiling I 
 arms thn>u;:h 
 
 Losing or -poilini: a.-i-outer- 
 in. 'Hi- MI i lothim; through 
 neglect. 
 
 I SUM: '.'"i n Ai;: 
 
 r.eh;miiK himself with dis- 
 i I" his commandiiiK 
 
 officer. 
 
 1 SMI i; -Jim AKI ; 
 WM:. 
 
 Kefusal to obey .ir u>iliir 
 \iolen.-e to ottirer or non- 
 rommi i.nied othcrr \\ liil.- 
 i|uclliri!. r |iiarifls or dis- 
 ordera. 
 
 I M-i u ::-ji. AI-.TK-I.K OK 
 WAI;. 
 
 without leave 1 
 On.' h.nir <>r less __. 
 
 DishonoraMi- .lit. -liar^i-, forfeitnn- of ; t ]| j.ay 
 
 ami allo\\ , utim-im-nt at hard 
 
 labor for three years. 
 Four month-' confinement at hanl lal.or and 
 
 forfeiture of ld per month for the same 
 
 period; for iionroininit>>ioiied "Hi. 
 
 diirtion in addition tin ' 
 Till.-'- nth-' i-ontiiieineiit at hard labor 
 
 and foif. ,; |..-r month for the 
 
 >aii: iioin oiiinii-ioiied 
 
 ivdin -tion in addition ther.-to. 
 Four nioiilli-' i-oiitineineiit at hard labor and 
 
 forfeiture of >|n per month for th' 
 
 jH-rioil; for iiom ommi-.-ion. -.; 
 
 in. lion in addition thereto, 
 one month's foiitineinent at hard labor and 
 
 forfeiture of Sin; for DoncommtaiotMd 
 
 olhi-er. ledurtion in addition tl, 
 
 tnetit at hard lal>or and 
 forfeiture of SHI per month 1 
 period; for m>n< ..mmi--i.>iied otticer, re- 
 duction in addition thereto. 
 
 Itishotiorable discharge, with forfeiture of all 
 pav and alloVNanres and fontineinent at 
 hard lain. i for two J 
 
 Forfeiture of 81; corpora ' f, ?3: 
 
 1-t -.-meant or iioii.-oiiimis-iori.-d oit 
 
 hiirlK'r i;radi-, $4. 
 Forfeitnie of ;.-j; .-orporal. ?:t: sergeant, $4: 
 
 1st sergeant or nom ommi iom-d otlicer of 
 
 hiirher urade, $. r i. 
 
 For more than one to -i\ 
 hour-. im-lusi\e. 
 
 i rjion trial for desertion and on\i.-tion of abs.-n.-e without leave only. 
 the court may. in addition to the limit pre-.-ribed for sin h ab-.-n.-.-. award a 
 toppau-e ,,f tiie amount paid as reward for the apprehension and delivery of 
 the a.vu-ed to the military authorities See par. 11, paire 4'.'. 
 
LIMITS OF PUNISHMENT. 
 
 Offenses. 
 
 Limits of punishment. 
 
 l'\!>r.u :$2t> ARTICLE OF 
 WAR Con ti mini. 
 
 Absence without leave 
 Continued. 
 
 For more than six to 
 twelve hours, inclusive. 
 
 For more than twelve to 
 twenty-four hours, in- 
 clusiv e. 
 
 For more than twentv- 
 t'o u r to forty-eight 
 hours, inrlusive. 
 
 For more tlian two to 
 ten da>ys. inclusive. 
 
 For more th.in ten to 
 thirty days, inclusive. 
 
 For more than thirty t> 
 ninety 'lays, inclusive. 
 
 For more than ninety 
 days. 
 
 l"\l'Kl: :'>:5l> AlilKl.i: OF 
 
 WAI;. 
 
 Failure to repair at the time 
 fixed, to the place appoint- 
 ed, etc. 
 
 For reveille or retreat 
 
 roll call and 11 p. m. 
 
 inspection. 
 For assembly of guard 
 
 detail. 
 For guard mounting ( l>y 
 
 musician detailed for 
 
 guard). 
 For guard mounting (by 
 
 musician not detailed 
 
 for guard). 
 For assemhly of fatigue 
 
 detail. 
 
 For parade 
 
 For inspection and mus- 
 ter, weekly or monthly 
 inspection. 
 
 For target practice 
 
 For drill 
 
 For stahle duty 
 
 For athletic exercises 
 
 For post school-. 
 
 Forfeiture of $3; corporal, $4; sergeant, $6; 
 1st sergeant or noncommissioned officer of 
 higher grade. f7. 
 
 Forfeiture of ,S~>; corporal, $6; sergeant, $7; 
 1st sergeant or noncommissioned officer of 
 higher grade, $10. 
 
 Forfeiture of $5 and rive days' confinement 
 at hard labor. For corporal, forfeiture of 
 $8; sergeant, $10; 1st sergeant or noncom- 
 missioned ollicer of higher grade, $12; or, 
 for all noncommissioned officers, reduction. 
 
 Forfeiture of $10 and ten days' confinement 
 at haul labor; for noncommissioned officer, 
 reduction in addition thereto. 
 
 Forfeiture of $30 and one month's confine- 
 ment at hard labor; for noncommissioned 
 officer, reduction in addition thereto. 
 
 Dishonorable discharge and forfeiture of all 
 pay and allowances, and three months 1 
 confinement at hard labor. 
 
 Dishonorable discharge and forfeiture of all 
 pay and allowances and nine mouths' con- 
 finement at hard labor. 
 
 forfeiture of $1 ; corporal, $2; sergeant, $3; 
 1st sergeant, $4. 
 
 Forfeit ure of $5; corporal, $8; sergeant, $10. 
 
 Forfeiture of $2; corporal, $3; sergeant, $5. 
 
54 
 
 LIMITS OF PUXISHMENT. 
 
 Offen-e-. 
 
 Limits of punishment. 
 
 UNDER 38rn ARTKM.K. UK 
 
 \\ AK. 
 
 Found ilrunk 
 
 On guard. 
 
 <>n duty as head cook 
 i >\\ extra or special duty 
 At formation of company 
 for drill or on drill. 
 
 At f. 'i mat i n of company 
 for dress parade or on 
 drWi parade. 
 
 At reveille or retreat r..ll 
 .all. 
 
 At inspection and inns- 
 kly or month- 
 ly in-pe. tion. 
 
 At' inspection 
 
 pany k'uanl detail oral 
 -iiiinl mounting. 
 
 At ~t:.l.lr duty 
 
 "II fatk'Ut- 
 
 CM. Kit ^(^rll ARTI- i 
 
 
 IM'KK SlST ARTI' 
 
 IVr.-iiadini: soldiers to desert, 
 
 I'M. I l;i."i II AlMlrl.KoK\V.\K. 
 
 I'M. i K 62D Ann. i i 01 
 \\ M;. 
 
 Manslaughter 
 
 As>:inlt. with intent to kill . 
 Burglary 
 
 Six mi-nth-' confinement at hard lal>or and 
 forfeiture of -In |T month for th- 
 [K-riod; for iioiiromnii ion.-d otlicer, reduc- 
 tion in addition thereto. 
 
 Forfeiture of 
 
 Forfeiture -.f >r_': f>r noncommis- 
 ti. . i . reduction and forfeiture of $20. 
 
 Six month-" confinement at hard labor and 
 forfeiture of $10 per month for th- 
 period: for noncommissioned officer, re- 
 duction in addition thereto. 
 
 I'i-hononil.le diM-harpe. forfeiture of all pay 
 and allowance-, and one year'- contirieiueiit 
 at hard labor. 
 
 lishonoral>le discharge, t'orfi-itun- of all pay 
 and allowances, and four year-' contin.- 
 ni. nt at hard lal><>r. 
 
 hishonorahle discharge, forfeiture of all pay 
 and allowances, and ten \ear-' conn'nem.-iit 
 at hard labor. 
 
 |)j-ho able discharge, forfeiture of all j-ay 
 
 and allowances, ami t-n \ears' continement 
 at hard labor. 
 
 IHshonoral'h' discharire, forfeiture of all pa\ 
 and allowances, ami seven years' confine- 
 ment at bard labor. 
 
LIMITS OF PUNISHMENT. 
 
 55 
 
 Offenses. 
 
 Limits of punishment. 
 
 UN-OKI; Uiin AI;TKT,E OF 
 WAK <'< in tinned. 
 
 Forgery 
 
 Perjury 
 
 Faise swearing 
 
 Jlobbery 
 
 Larceny or embe/./lement of 
 
 Of tlie value of 
 thiin $100. 
 
 of the value of 8100 or 
 
 less and nmre I lian S.M i. 
 
 Of the value of S",n or less 
 ami more than $20. 
 
 Of the value of 
 
 Dishonorable discharge, forfeiture of all pay 
 and allowances, and four years' confine- 
 ment at hard labor. 
 
 Dishonorable discharge, forfeiture of all pay 
 and allowances, and four years' confine- 
 ment at hard labor. 
 
 Dishonorable discharge, forfeiture of all pay 
 and allowances, and two years' confinement 
 at hard labor. 
 
 Dishonorable discharge, forfeiture of all pay 
 and allowances, and seven years' confine- 
 ment at hard labor. 
 
 Dishonorable discharge, forfeiture of all pay 
 and allowances, and four years' confine- 
 ment at hard labor. 
 
 Dishonorable discharge, forfeiture of all pay 
 and allowances, and three years' confine- 
 ment at hard labor. 
 
 Dishonorable discharge, forfeiture of all pay 
 and allowances, and two years' confinement 
 at hard labor. 
 
 Dishonorable discharge, forfeiture of all pay 
 and allowances, and one year's confinement 
 at hard labor. 
 
 Dishonorable discharge, forfeiture of all pay 
 ami allowances, and confinement at hard 
 labor for one year. 
 
 Fraudulent enlistment, pro- 
 cured by false representa- 
 tion or concealment of a 
 fact in regard to a prior 
 enlistment or discha rice, or 
 in regard to con viction of a 
 civil 01- military crime. 
 
 Framliilentenlistment, other 
 ifl of. 
 
 Disobedience of orders, in- 
 volving willful defiance of 
 t he authority of a noncom- 
 mi.v-ioned otlicer in the 
 
 execution of his ollice. 
 
 I'sing threatening or insult- 
 ing lanuuau'e <>r behaving 
 in an insubordinate man- 
 ner to a noncommissioned 
 
 ollicer while in the execu- 
 tion of his otlice. 
 
 Absence from fatigue duty 
 
 Absence from extra or special 
 duty. 
 
 \bsence from duty as com- 
 pany, general mess, or hos- 
 pital head cook. 
 
 1 In specifications to charges of larceny or embezzlement the value of the 
 property shall be stated. 
 
 Dishonorable discharge, forfeiture of all pay 
 and allowances, and confinement at hard 
 labor for six months. 
 
 Six months' confinement at hard labor and 
 forfeiture of $10 per month for the same 
 period; for noncommissioned officer, re- 
 duction in addition thereto. 
 
 Two months' confinement at hard labor and 
 forfeiture of flO per month for the same 
 period; for noncommissioned ollicer. re- 
 duction in addition thereto. 
 
 Forfeiture of $4; corporal, $5; sergeant, $6. 
 Forfeiture of $4; corporal, $5; sergeant, $6. 
 
 Forfeiture of 10. 
 
LIMITS OF PUNISHMENT. 
 
 Offenses. 
 
 Limits of punishment. 
 
 I'MIKI: r.-Jn A 1:1 1. I.K. OK 
 
 
 WAH <'ontinued. 
 
 
 Int rod ucin j; liquor into po-t . 
 
 Forfeiture of .?:{; f,, r noncommi-si (1 ned olli- 
 
 lion i.f -taiidiiiiT order-. 
 
 i e f $5. 
 
 Drunkenness at post or in 
 
 .|ll:i' ' 
 I>ruiik.-nii. and di-orderly 
 
 riiinlurt, caii.-in- th.' of- 
 
 fender"- ai ir-l Mini convic- 
 
 tion by civil authoiilie- at 
 
 a plan- within ten mile- ..f 
 
 IMS station. 
 
 : disordei ly conduct 
 
 in quarter*. 
 Drunk mnl disorderly in po-t 
 
 nr quarters. 
 \l>ii--.' liy iiiiiii-iinin. 
 
 ollicerof hisauthoiit\ over 
 
 an infei ir. 
 Noncommissioned oiliccr en- 
 
 coura^i nic Kamblintf. 
 
 NonoommiMfcmed "f f i<--r 
 
 making fal-.- n | 
 
 nndrr hi> , i 
 tlir..ii-li n.-LrlTt. 
 Sentinel willfully suffering 
 |iii>nner under In- 
 < ape. 
 
 S. ntinel allowing a } 
 
 under hi.- charire t<> obtain 
 
 liquor. 
 Sentinel or nieinlier of trnanl 
 
 drinking li.|iior with ini-.- 
 
 oners. 
 liiMv|iei-t or iiflront toascn- 
 
 . _: or di-otie\ illLT sen- 
 tinel in lawful execQtkHi 
 
 ..f lii>duty. 
 
 I.ewd or indecent e\|io>ure 
 
 of ! 
 
 ( 'oiiiinitl inu nuisance in or 
 
 alioiit i|iiarter~. 
 Breach of arrest in quarters 
 
 :ure of ;{; for noi 
 ductiiin ami forfeiture of 95. 
 Forfeiture of Sin and se\.-n da\s' contine- 
 in. nt at hard labor; for nom i>iiinii~-.ioiii-d 
 otlicer. reduction and forl.-ituie 
 
 Forfi-iture of >t: corporal. ?7; m 
 
 Foi-feiture i.f ST: for noncoiiinii^ione.! otli- 
 
 ductioii and foif.-n 
 Kediiction. three month.-' coiitim in.-nt at 
 
 hard lalior, and forfcitui.- -<<i ?lo j,,-r month 
 
 for the sain. : 
 deduction and forfeiture 
 
 Deduction, forfeiture of s.. and ten 
 
 continenieiit at hard lalntr. 
 Six month-' confinement at hard labor ami 
 
 forfeiture of 10 ]! month for th- 
 
 period. 
 
 Iti-hoiionible diM-haix-e. forfeiture of all pay 
 and allowanci-. and . utine- 
 
 iii. nt at hard , 
 
 Two month*' confinement at hard labor and 
 forfeiture of Slu per month for tip 
 
 period. 
 
 T\\o month.-' i-ontim-im-nt at hard labor and 
 forfeiture of >IM p t -r month for th. 
 period. 
 
 Two months' continement at hard lalKir ami 
 firfeitre of l(l per month for tl>. 
 periiwl; for noncoinmi ioiied otlic.-r, re- 
 duction in addition tin i 
 
 Six month-' . . nitim -im-nt at hard labor and 
 forfeiture of lO jier month ! 
 period: for noncommi iom-d oin<-. 
 iluction in addition thereto. 
 
 Three Hi-Mil-' continemciit at hard labor 
 and forfeiture of *10 per month for the 
 
 -a period; for noncommi-- 
 
 ii'duction in addition thereto. 
 
 i "lie month's confinement at hard labor and 
 forfeiture of ^H>: for non.-omini.-sioncd of- 
 ficer, reduction in addition tie 
 
LIMITS OF PUNISHMENT. 57 ( 
 
 ARTICLE III. 
 
 The introduction and use of evidence of previous con- 
 victions is subject to the following regulations: 
 
 SECTION 1. Such evidence shall be limited, except as 
 provided in section 5 of this-article, to previous convic- 
 tions by courts-martial of an offense or offenses within 
 one year preceding the date of commission of any 
 offense charged and during the current enlistment. 
 These convictions must be proved by the records of 
 previous trials and convictions, or by duly authenticated 
 copies of such records, or by duly authenticated copies 
 of the orders promulgating such trials and convictions. 
 Charges forwarded to the authority competent to order 
 a general court-martial, or submitted to a summary, 
 garrison, or regimental court-martial, must be accom- 
 panied by the proper evidence of previous convictions. 
 
 SEC. 2. Whenever a soldier is convicted of an offense 
 for which a discretionary punishment is authorized, the 
 court will receive evidence of previous convictions (see 
 section 1 of this article) , if there be any. General, regi- 
 mental, and garrison courts-martial will, after a finding 
 of guilty, be opened for the purpose of ascertaining 
 whether there is such evidence and, if so, of receiving it. 
 
 SKC. '-\. J'rcnioiis convictions in connection with in- 
 ferior' court offenses. When a soldier is convicted of an 
 offense the punishment for which under Article II of 
 this order or the custom of the service does not exceed 
 three months' confinement at hard labor and forfeiture 
 of three months' pay, the punishment so authorized 
 may, upon proof of previous convictions (see section 1 
 of this article) be increased one-half for each of such 
 convictions up to the limit of three months' confinement 
 at hard labor and forfeiture of three months' pay, and, 
 for noncommissioned officer or first-class private, re- 
 duction in addition thereto. Upon proof of five or more 
 of such convictions, if not less than five of them were 
 followed by sentences, in each case, of not less, substi- 
 tutions considered (see Article VII) , than forfeiture of 
 xl or confinement at hard labor for 20 days, the limit 
 of punishment shall be dishonorable discharge, forfeit- 
 ure of all pay and allowances, and confinement at hard 
 labor for three months; but if dishonorable discharge 
 be not adjudged, the limit shall be three months' con- 
 finement at hard labor and forfeiture of three months' 
 pay, and, for a noncommissioned officer or first-class 
 private, reduction in addition thereto. 
 
58 LIMITS OF PUNISHMENT. 
 
 SEU. 4. Pn riiHi* rnui'irtiimx in coinn cf/on w/t/i gen- 
 i-rtil rnnrl-mnrtiiil o//Vy/.\r*. When the conviction is for 
 an offense punishable under Article II of this order or 
 the custom of the service with a greater punishment 
 than three months' confinement at hard labor and for- 
 feiture of three mouths' pay, such punishment shall not 
 be increased by reason of previous convictions. except 
 as hereinafter specified; but evidence of those described 
 in section 1 of this article will be submitted to the < >urt 
 to aid it to determine upon the proper measure of pun- 
 ishment subject to the limit already anthori/ed. rpon 
 proof of five or more of such convictions, if not less than 
 five of them were followed by sentences, in each 
 of not less, substitutions considered (see Article VII). 
 than forfeiture of $10 or confinement at hard labor for 
 20 days, the court may. if the authorized limit does nt 
 include dishonorable discharge, adjudge dishonorable 
 discharge and forfeiture of all pay and allowances with 
 the authorized confinement. 
 
 "). On a conviction of desertion evidence of con- 
 vict inns of previous desertions may also be introduced. 
 irrespective . t' the enlistment or of the peri<>,i which 
 may have elapsed since such conviction or convictions. 
 '5. When a noncommissioned officer is convicti-d 
 of an offense not punishable with reduction. h may. 
 upon proof of one previous conviction within the pre- 
 scribed period (see section 1 of this article) , be sentenced 
 to reduction in addition to the punishment already 
 authorized. 
 
 SEC. 7. First-class privates may be reduced to second- 
 class privates in all cases where for like offenses on the 
 part of noncommissioned officers their reduction in 
 grade is now authorized. 
 
 ARTICLE IV. 
 
 When a soldier shall, on one arraignment, b. 
 victed of two or more offenses, none of which is punish- 
 able under Article II of this order or the custom of tin- 
 service with dishonorable discharge, but th- 
 term of confinement for which, as sperilied in said arti- 
 cle, may exceed six months, dishonorable discharge with 
 forfeiture of pay and allowances may be awarded in 
 addition to the authorized confinement. 
 
 ARTICLE V. 
 
 If, in any case where the limit of punishment is dis- 
 honorable discharge, forfeiture of all pay and allow- 
 ances, and confinement at hard labor for a stated 
 
.SENTENCE. 59 
 
 number of months, dishonorable discharge be not ad- 
 judged, the limit of forfeiture shall be all pay due and to 
 become due during the prescribed limit of confinement. 
 
 ARTICLE VI. 
 
 This order prescribes the maximum limit of punish- 
 ment for the offenses named, and this limit is intended 
 for those cases in which the severest punishment should 
 be awarded. In other cases the punishment should be 
 graded down according to the extenuating circum- 
 stances. Offenses not herein provided for remain pun- 
 ishable as authorized by the Articles of War and the 
 custom of the service. 
 
 ARTICLE VII. 
 
 Substitutions for punishment named in Article II of 
 this order are authorized at the discretion of the courts 
 at the following rates: 
 
 Two days' confinement at hard labor for one dollar 
 forfeiture-, or the reverse; one day's solitary confine- 
 ment on bread and water diet for two days' confine- 
 ment at hard labor or for one dollar forfeiture; pro- 
 vided that a noncommissioned officer not sentenced 
 to reduction shall not be subject to confinement; and 
 provided that solitary confinement shflll not exceed 
 fourteen days at one time, nor be repeated until fourteen 
 days have elapsed, and shall not exceed eighty-four days 
 in one year. 
 
 THEODORE ROOSEVELT. 
 
 SENTENCE. 1 
 
 1. When in any case the punishment is, by the Arti- 
 cles of War, left to the discretion of the court-martial, 
 the court will, before proceeding to award the punish- 
 ment, ascertain whether a limit has been fixed by the 
 foregoing executive order.- Those members desiring to 
 propose a sentence usually write it on a slip of paper 
 and hand it to the president. The president reads the 
 proposed sentences to the court and the members vote 
 on them in order, beginning with the lightest, until a 
 
 1 For forms for sentences see page 164, post. 
 
 -'When a, sentence of confinement or forfeiture is in excess of the' 
 legal limit, tho part within the limit is legal and may be executed." 
 (Par. 97 tf, A. K.) 
 
 I, 
 
 
60 
 
 SENTENCE 
 
 
 majority agree upon a sentence. In a case where a 
 punishment is fixed, the members vote upon a sentence 
 awarding this punishment. Upon a death sentence 
 two-thirds of the members must concur (tin- record so 
 explicitly stating), and no person can be sentenced to 
 death except incases expressly mentioned in the Ani 
 ] - of War, or in section i:i4:i. Revised Statutes, as thus 
 punishable. 1 
 
 8, A general court martial may sentence a soldier to 
 confinement in a penitentiary for any offense which may 
 be thus punished " by some Matuteof the I'nited 5 
 or by some statute of the State. Territory, or District in 
 which such offense may be committed, or by tl:> 
 mon law, as the -ame e\i>ts in such State, Territory, or 
 District." When, therefore, the sentence of such a 
 court-martial prescribes imprisonment, the court will 
 state therein whether the prisoner .-hull be conrin> 
 a penitentiary or in some place under military juris- 
 ' diction being guided in its determination by the ninety 
 seventh Article of War.j^ 4 
 
 4. " When a sen tence / imposes forfeiture of pay, or of a 
 portion thereof, for a certain number of months. 
 it stops for each of those months the amount si 
 Thus : ' Ten dollars of monthly pay for one year ' w< mid 
 be a stoppage of $120. When the sentence is >i 
 to the date of commencement of forfeiture of pay, the 
 forfeiture will begin with the period for which pay has 
 accrued >ince last payment. A forfeiture not limited 
 by the sentence to any particular month or months or 
 other space of tim. but expressed simply as a forfeiture 
 of so many months' pay, or of a certain amount of pay. 
 illy chargeable against the pay due and payable 
 
 "."Mi A. W. 
 
 -'.*7th <''. SIM- noti- 1. ] .,.. 
 
 l'nle>s ili.. I:I\\K ,,f ill,- St;it-. Tririt.iry. . !.-.. in which the rmirt 
 veiled an- at hand, it is im].o>>ible f.>r the court t<> determine in H OMM 
 \vln>tln-r in- not uii.lcr the UTtli Arti. !< of War. the offender i- puni^lial.!.- 
 liv jieiiiteiitiarv <'<>iitiiieineiit. Tlieri-fure. in r:i-' f -inv di>nl>t. I: 
 " in Mich place a- the reviewing authorii- - I in tin- 
 
 Mill. -lice. 
 
 *Par. H73, A. \i. 
 
RECORD OF PROCEEDINGS. 61 
 
 f at the next payment, and the balance, if any, against 
 
 accruing thereafter, until the forfeiture is fully 
 satisfied}" 1 -->. 
 
 5. " Nothwithstanding a sentence contemplates pay- 
 
 ment of a stated sum to a soldier upon his release from /- 
 confinement, it can not be made unless there is a suffi- ^> 
 cient balance to his credit after all authorized stoppages ** 
 are deducted. ' ' 
 
 6. "A sentence adjudging a dishonorable discharge 
 to take effect at such period during a term of confine-^ 
 ment as may be designated by the reviewing authority < 
 is illegal. " a 
 
 RECORD OF PROCEEDINGS. 4 
 
 1. Every court-martial will keep an accurate record 5 
 of its proceedings. The record in each case will be 
 complete in itself, and will contain a copy of the order 
 appointing the court. It will be authenticated by the 
 signatures of the president and judge-advocate, the 
 latter affixing his signature to each day's proceedings. 
 Whenever, by reason of the death or disability of the 
 judge-advocate occurring after the court has decided 
 on the sentence, the record can not be authenticated by 
 his signature it must show that it has been formerly 
 approved by the court and must be authenticated by 
 the signature of the president. The record must show 
 that the court was organized as the law requires, that 
 the prisoner was asked if he wished to object to any 
 member and his answer to such question, and that the 
 members of the court and the judge-advocate were duly 
 sworn. 
 
 2. The reading of previous proceedings and of testi- 
 mony for approval will be dispensed with, unless for 
 special reason considered necessary by the court, or a 
 
 1 KOI form of record for general court-martial see page 142, post,. 
 ' " When records of trial by general court-martial are written on the type- 
 writer, thecopyable ribbon will be used when practicable." (Par. 98/S, A. R.) 
 6 Par. 98/, A. R. 
 
62 RECORD OF PROCEEDINGS. 
 
 witness desires to have certain testimony read for cor- 
 rection. 1 
 
 3. All orders modifying the detail of the court and 
 issued after its original organization must be incorpo- 
 rated in the record. Th,e record should also note the 
 fact of a new member taking his seat, or a new judge- 
 advocate commencing to officiate, according to orders, 
 on a certain day. (But, see page 28, par. 4, an / 
 
 4. The entire proceedings will be spread upon the 
 record: all orders and rulings of the court: all motions. 
 propositions, objections, arguments, statements, etc., 
 of the judge-advocate or the accused; the testimony of 
 each witness, as nearly as possible in his own language; 
 in short, every feature of the proceedings material to a 
 complete history of the case and to a correct under- 
 standing of every point of the same by the reviewing 
 authority will be recorded at length. Testimony taken 
 before regimental or garrison courts martial will not be 
 reduced to writing. 
 
 5. Although, since the passage of the act of Congress 
 of July 27, 1892, " to amend the Articles of War, et< 
 
 it is desirable that the record of a court-martial should 
 show that when it sat in closed session the judge-advo- 
 cate withdrew, it will not vitiate the proceedings if 
 this is not expressly stated. When the record shows 
 that the court was closed, the presumption is that it 
 was closed in accordance with the requirements of law. 
 
 6. The " statement of service '" referred to on page 19, 
 paragraph 3, ante, will not be introduced in evidence 
 nor made a part of the record of the trial, but will be 
 considered by the court and shown to the accused, with 
 a view to its correction by the introduction of evidence 
 should it be required. The statement will be forwarded 
 with the record for file in the office of the Judge- 
 Advocate General. 
 
 7. A recommendation to clemency will not be em- 
 braced in the body of the sentence: but will be appended 
 
 . A. JJ. 
 
REVIEWING AUTHORITY. 63 
 
 to the record after any exhibits referred to in the pro- 
 ceedings. Only those members who concur in a recom- 
 mendation should sign it. 
 
 REVISION OF RECORD. 1 
 
 1. "When the record of a court exhibits error in 
 preparation, or seemingly erroneous conclusions, the 
 reviewing authority may reconvene the court for a 
 reconsideration of its action, pointing out defects. 
 Should the court concur in the views submitted, it 
 will proceed by amendment to correct its error, and 
 may modify or completely change its findings. A 
 reopening of the case, by calling or recalling witnesses, 
 is illegal." - 
 
 2. An amendment can be made by the court only 
 when duly reconvened for the purpose, and when made 
 must be the act of the court as sucli* A correction 
 made by the president or other member, or by the 
 judge-advocate independently of the court, and by 
 means of an erasure or otherwise, is unauthorized. If 
 omissions in the record are to be supplied, the page and 
 line on which they occur will be stated and the correc- 
 tions given in full. The original record will not be 
 interlined nor altered in any way. 
 
 REVIEWING AUTHORITY. 
 
 1 . " No sentence of a court-martial shall be carried 
 into execution until the same shall have been approved 
 by the officer ordering the court, or by the officer com- 
 manding for the time being." 4 
 
 2. The officer having authority to confirm the sen- 
 tence of a court-martial will state at the end of the 
 proceedings in each case his decisions and orders. 5 
 
 1 For form for revision .see page 153, post. 
 9 / 2 Par. <Mf, \. K. 
 
 / 323 Opin. Atty. Genl., 23; see G. 0. 21, A. G. 0., 1900. 
 inith A. W.; see par. 19#, A. K. 
 'A. II. !^P^ 
 
 . ^^-. 
 
64 REVIEWING AUTHORITY. 
 
 ::. All sentences of courts-martial may be c tmfii wed 
 and carried into execution by the officer ordering the 
 court, or by the officer commanding for the time being, 
 where confirmation by the President, or by the com- 
 manding general in the field, or tlio mmmanflpmi-thf 
 department, is not required by the Articles of War. 1 
 In time of peace, sentences directing the dismissal of 
 an officer or inflicting the punishment of death require 
 confirmation by the President.'- Proceedings involving 
 either dismissal or death will therefore (except in time 
 of war, in cases mentioned in the 103th and H'Ttli Arti- 
 cles of War) be forwarded by the convening authority. 
 after approval* direct to the Judge- Advocate General 
 for the action of the President. 
 
 4. A military commander can not delegate to an infe- 
 rior or other officer his function as reviewing authority 
 as conferred by the 104th and 1< Kith Articles of War. 
 Nor can he authorize a staff or other officer to subscribe 
 for him his derision and orders on the proceed: 
 
 .">. Every officer antliori/.rd to order a court-martial 
 has ]io\vrr to pardon or mitigate any punishment ad- 
 judged by it, J except that of death/' or the dismissal of 
 an office 
 
 6. "The power to pardon or mitigate punishnu >nt 
 imposed by a court-martial, vested in the authority 
 which confirms the proceedings or the correspond} 71 if 
 authority under whose jurisdiction the sentence is being 
 utr-d. extends only to unexecuted portions of a sen- 
 tence. The fact that a soldier has been dishonorably 
 discharged through his sentence does not affect this 
 yrreav-- An application for clemency ini-aae omys^ 
 -ecai prisoner seXtenc^tl ^confiniefmenthr a penitentiary 
 wilVbe forVa^ed/fo th/Secrefary of War for the action) 
 
 1 Until A. \V. For rc.niirem.-nt ..f r. ^illation- :i- i<> --oili, , r ...niiii.u 
 for th<> tini. t.rinir," s.-- Par. 1 !:'.. \. K. 
 
 - ln:,th, Kwith, an.l K8tli ./. 
 
 :l Tin- con veiling aiithoritv. licfon- forwaniini: tin- rase, sliouM '"nipl/t- 
 the si-iitciu-c wliriv ninlini-infiit is imiMi.-iil. a> in ra<i- \\\\> !'. no <- ( nil>ftiia- 
 
 tion is iT.piireil. 
 
 . \\. In.MI, {,/. "UM-.th ,',/. 
 
REVIEWING AUTHORITY. 65 
 
 President. The power to commute sentences 
 .ed by military tribunals, not being vested in 
 
 tary commanders, can be exercised by tile President 
 
 . i 
 
 . "Any officer who has authority to carry into exe- 
 cution the sentence of death, or of dismissal of an 
 officer, may suspend the same until the pleasure of the 
 President shall be known; and, in such case, he shall 
 immediately transmit to the President a copy of the 
 order of suspension, together with a copy of the pro- 
 ceedings of the court." 
 
 8. While a reviewing authority may remit or miti- 
 gate a sentence, he can not change it so as to impose a 
 punishment of a different nature; thus, he can not 
 change a sentence of dishonorable discharge awarded 
 an enlisted man to confinement at hard labor; 3 but a 
 legal sentence of dishonorable discharge, forfeiture of 
 all pay and allowances due, and confinement at hard 
 labor for a definite period may be mitigated by the 
 authority approving such sentence to confinement at 
 hard labor and forfeiture of all pay and allowances for 
 a period not to exceed the period of confinement awarded 
 in the sentence. 4 
 
 ( J. "The authority which has designated the place of 
 confinement, or higher authority, may change the place 
 of confinement of any prisoner under the jurisdiction of 
 such authority;" 7 ' but "when the court has sentenced 
 a prisoner to confinement at a post, no power is compe- 
 tent to increase the punishment by designating a peni- 
 tentiary as the place of confinement." 8 When a peni- 
 tentiary has been erroneously designated the reviewing 
 authority may disapprove it and designate a proper 
 place. 
 
 / J Par. 95<J, A. K. 
 2111th A. W. 
 
 :! .\s to authority of reviewing officer to change finding, see page 46, note 
 
 I, /;/<-. 
 
 /H'ir. -is, A. <i. ()., liM'xi. 
 Vfl I < I'iii-. itTW, A. I!. 
 
 ' / Id., 913. \ punishment of confinement in a penitentiary, when legal, 
 /may be nutigated to ronfinemeiit at a military post. 
 
66 
 
 REVIEWING AUTHORITY. 
 
 10. When general courts-martial have properly sen- 
 tenced soldiers to confinement in a penitentiary, 1 " de- 
 partment commanders will designate the United States 
 Penitentiary at Fort Leaven worth, Kans., as the place 
 of such execution of sentence, in cases in which the 
 term of confinement imposed is more than one year. If 
 any State or Territory within a military department 
 has made provision by law for the confinement of such 
 prisoners in its penitentiaries, the department com- 
 mander, with the approval of the Secretary of War, 
 may designate one as the place of execution of sen tence. 
 
 11 . " When a sentence of confinement or forfeiture is 
 in excess of the legal limit, the part within the limit is 
 legal and may be executed. ' ' 
 
 P. 1 . "The time at which a dishonorabl* disch;ir.u r - i> 
 to take effect, as fixed by a sentence, can not be post- 
 poned by the reviewing officer.'^ 
 
 13. "A sentence to confinement, with or without for- 
 feiture of pay, can not become operative prior to tin 
 date of confirmation. If it be proper to take into con- 
 sideration the length of confinement to which the pris- 
 oner has been subjected previous to such confirmation, 
 it may be done by mitigation of sentence."^ 
 
 14. "An order remitting a forfeiture of pay operates 
 only on the pay to become due ^ubocgnenlrto the date 
 of the ord. 
 
 15. "The order promulgating thk proceedings of a 
 court and the action of the reviewing authority will. 
 when practicable, be of the same data. When this is 
 not practicable, the order will give the date of the action 
 of tin- reviewing authority as tin- date pf the beginning 
 of the sentence. This does^iot applr to sentences of 
 forfeiture of all pay and. allowances. / A soldier await- 
 ing result of trial will not be paid pefore the result is 
 known."" 
 
 
 'Seepage 50, par. 1 
 -I 'sir. !7-lf, A. K. 
 
 /-/. :*/. 
 
 ' 
 
QONEINEMENT AFTER TRIAL. 07 
 
 16. ^rocfifidingajaL general courts- martial ia oaooa of , 
 officers and. i4*uf)e*fcMt en*es of enlisted -rrren will be 
 - published fif general orders. Unimportant cases of 
 enlisted men will be published in -special 
 
 CONFINEMENT AFTER TRIAL. 
 
 1. "Enlisted men * * * who have been tried will, 
 prior to the promulg tion of the result, be designated 
 as 'awaiting result of trial; ' enlisted men serving sen- 
 tences of confinement, not involving dishonorable dis- 
 charge, will be designated ' garrison prisoners;' those 
 sentenced to dishonorable' discharge, and to terms of 
 confinement ii^pemte^*tiaes--<er at military posts^ will 
 be designated as ' general prioonorer^iL^. 
 
 2. Prisoners ^undergoing sentence of, general court- 
 martial, and Irapse confined for serious offenses will, if 
 practicable, be ftept apart from those confined by sen- 
 
 - tence of an inferior court, or for minor offenses. 
 
 n^M-^^al prisoners will not be confined with other prisoners 
 except in case of necessity. :i 
 
 3. ' k Prisoners will not be placed in irons except pursu- 
 ant to sentence of a court-martial, or in the extraordinary 
 case of a prisoner who, in the judgment of the dqm- 
 manding officer, is a desperate or dangerous character, 
 in which case report of action and the circumstances will\ 
 be immediately made to the department commander. X 
 A prisoner may be shackled or handcuffed while being / 
 transported from one post to another, or from a post to ' 
 
 a penitentiary when, in the judgment of the officer in 
 charge, the escape of the prisoner can not otherwise be 
 prevented." 4 
 
 4. "Prisoners will be forwarded from places of trial 
 to posts at which they are sentenced to serve confine- 
 ment only on orders of department commanders or 
 
 1 For form for gpJJrt^Tonler, see page 178, poi^, and par. 99^, A. It. 
 Foi(/6pecial rules relating to prig 
 
',S CONFINEMENT AFTER TRIAL. 
 
 higher authority. The strength of guards to accom- 
 pany them will be limited to the necessities of safe 
 delivery. Orders detailing guards in charge of military 
 prisoners will provide for the return journey of the 
 guard and for commutation of rations, when such com- 
 mutation is necessary. The commanding officer of a post 
 from which a prisoner is transferred will send under 
 seal, to the commanding officer of the post where the 
 sentence of confinement is to be executed the following 
 papers in his case, viz: Discharge papers, if discharged . 
 descriptive list, orders promulgating and modifying 
 sentences, statement of conduct while under s ntrnr.- to 
 date of transfer, and ;i list of clothing in possession of 
 the prisoner when forwarded." ' 
 
 All s.-rviceable clothing which belongs to a pris- 
 oner, and his blankets, will accompany him to the post 
 designated for his confinement, and will be fully item- 
 ized on the clothing list mentioned in the preceding 
 paragraph. The guard in charge of the prisoner during 
 transfer will be furnished with a duplicate of this lj>t 
 and will be held responsible for the delivery of all arti- 
 cles itemized therein, with the prisoner. At least one 
 serviceable woolen blanket will be sent with every siu-h 
 prisoner so transferred." 1 
 
 6. "The personal effects of military prisoners who 
 have escaped from confinement, except such as possess 
 some special value as keepsakes, may be disposed of by 
 sale as in the case of effects of deceased soldiei 
 
 the proceeds thereof, together with any money left by 
 the prisoner in the hands of the company commander, 
 be turned over to a paymaster, who should account for 
 the same in the manner provided for paymaster's col- 
 lections. The officer will take the paymaster's receipt 
 for the amount paid him and forward the same to the 
 Auditor for the War Department." 3 
 
 7. "General priaonera^ other than those confined in 
 penitentiaries, will be allowed, in abatement of their 
 terms of confinement, when serving sentences of over 
 
 i Par. 94fc, A. K. -Li., 
 
 
 
CONFINEMENT 
 
 three months and not over iwelve months, five days for 
 each complete period of twenty-five days during the 
 whole of which ttteir conduct has been good; *Pi 't> v iifcifr 
 That the abatemen\of fiv days so authorized shall not 
 have the effect in an^ casd of reducing the confinement 
 below three months, j On (sentences exceeding one year 
 they will be allowed/the-flame abatement for the first 
 year of the sentence/ and / or each 
 
 eat'h complete period of twenty days during the 
 
 whole of which their conduct has been good. Abate- 
 ments thus authorized may be forfeited, wholly or in 
 part, by subsequent misconduct; such forfeitures to be 
 determined by the commanding officer of the post where 
 the prisoner is confined. A geerai-prisoBr serving 
 sentence in a penitentiary will be allowed the abatement 
 authorized for convicts in that penitentiary." * 
 
 8. " When the date for the commencement of a term 
 of confinement imposed by sentence of a court-martial 
 is not expressly fixed by the sentence, the term of con- 
 finement begins on the date of the order promulgating 
 it. The sentence is continuous until the term expires, 
 except when the person sentenced is absent without 
 authority.'" 2 The word days in a sentence of confine- 
 ment, means periods of twenty-four hours, counting 
 from guard-mounting on the first day of the sentence. 
 
 9. ''When soldiers awaiting result of trial or under- 
 going sentence commit offenses for which they are tried, 
 the second sentence will be executed upon the expira- 
 tion of the first. ' ?:i 
 
 10. Where a soldier, while undergoing sentence of 
 confinement imposed without dishonorable discharge, 
 is tried for a further offense and sentenced to dis- 
 honorable discharge and confinement, the period of 
 confinement under his prior sentence will terminate 
 upon the date of his dishonorable discharge, leaving to 
 be executed only the confinement imposed by the secon 
 sentence. 
 
 11. "A gonoral-pEisoaer, before bainfe Released from 
 confinement, at a post, will be carefully-examined and c 
 
 iPar. W^A.^hw 2 Id., Qlt. 3 Id. t 98?. 
 
 -f 
 ff 
 
and physical peculiarities 
 
 mad< 
 
 in the domination dfrecroits, ^hich the medical officer 
 
 will for\ard direct \o The Adjutant General of the 
 
 ^._ 
 
 II VIM. VS CORPUS. 
 
 1. " Officers will make respectful returns, in writing, 
 to all writs of In i hi -an corpus served on them. When 
 the writ is issued by a State court or judge, and the 
 person held by the army officer is a civilian who has 
 been apprehended under a warrant of attachment to be 
 taken before a court-martial to testify as a witness, the 
 officer will not produce the body, but will, by his return, 
 set forth fully the authority by which he holds the per- 
 son, and allege that the State authority is without juris- 
 diction to isgue the writ of hahrux corpus, and ask to 
 have the same dismissed. He will also exhibit to the 
 court or officer issuing the writ of hafo'ii* corpus the 
 warrant of attachment and the subpoena (and the proof 
 of the service of the subpoena) on which the warrant of 
 attachment was based, and also a certified copy of th. 
 order convening the court-martial before which he had 
 been commanded to take the person." J 
 
 2. "Should a writ of Inibean corp//* issued by a State 
 court or judge be served upon an army officer, com- 
 manding him to produce an enlisted man or general 
 prison--!-, and show cause t'<>r his detention, the officer 
 will decline to produce in court the body of the person 
 named in the writ, but will make respectful return 3 in 
 writing to the effect that the man is a duly enlisted sol- 
 dier of the United States or a general prisoner under 
 sentence of court-martial, as the case may be, and that 
 the Supreme Court of the United States has decided 
 that a magistrate or court of a State has no jurisdiction 
 in such a case." 4 
 
 A. K. s For form, see page 180, pott. 
 
 * Par. lOOt, A. K. 
 
 f 
 
HABEAS CORPUS. 71 
 
 3. No writ of habeas corpus shall be issued against a 
 military officer or soldier who is detaining a prisoner in 
 any unorganized province or territory of the Philippine 
 Islands. 1 
 
 4. It shall be a conclusive answer to a writ of habeas 
 corpus against a military officer or soldier, and a suffi- 
 cient excuse for not producing the prisoner in all organ- 
 ized provinces of the Philippine Islands, if the Com- 
 manding General or any general officer in command of 
 the department or district shall certify that the prisoner 
 is held by him either: 
 
 (1) As a prisoner of war; 
 
 (2) As a member of the Army, a civilian employee 
 
 thereof, or a camp follower and subject to its 
 discipline; but this paragraph shall not apply 
 to pen ding 2 cases; or 
 
 (3) As a prisoner committed by a military court or 
 
 commission prior to October 1, 1901; or 
 
 (4) As a prisoner arrested and held for trial before 
 
 a military court or commission before October 
 15, 1901, for a violation of the laws of war com- 
 mitted before the same date; or 
 
 (5) As a prisoner guilty of violations of the laws of 
 
 war committed in any unpacified province or 
 territory and who has escaped into provinces 
 officially declared to be under civil control and 
 has been there captured by military authorities 
 and is held for trial for such violations of the 
 laws of war." l 
 
 5. A writ of habeas corpus issued by a United States 
 court or judge will be promptly obeyed. The person 
 alleged to be illegally restrained of his liberty will be 
 taken before the court from which the writ has issued, 
 
 1 Acts of the Philippine Commission of October 1, 1901, and June 23, 1902. 
 Respectful return in writing will lie made in the case of prisoners who may 
 be exempted from jurisdiction by the provisions of the acts above cited, 
 stating the facts of the case, but the body of the prisoner will not be pro- 
 duced. In all other cases the return will be made and the body produced 
 before the proper tribunal. 
 
 2 October 1, 1901. 
 
1 
 
 72 DISPOSITION OF RECORDS. 
 
 and a return 1 made setting forth the reasons for his 
 restraint. The officer upon whom such a writ is - 
 will at once report the fact of such service, by t de- 
 graph, direct to The Adjutant General of the Army 
 and the commanding general of the department." 
 
 DISPOSITION OF IM-:COIM>S. 
 
 
 
 1. The Judge-Advocate General revises and is the 
 custodian of the records of the proceeding <>f ail 
 general courts-martial. :! The original records of pro 
 ceedings, with the decisions and orders of the reviewing 
 authorities made thereon, and also the records of pro- 
 ceedings of all general courts which require confirma- 
 tion by the President but which have not been appointed 
 by him. will be forwarded direct to the.lud- 
 General. One copy of the order promulgating the 
 action of the court, and a copy of every subsequent 
 order affecting the case, will be forwarded to the Judgr- 
 Advocate General, with the record of each case. When 
 more than one case is embraced in a single order, a 
 sufficient number of copies will be forwarded to enable 
 one to be filed with each record. The proceedings of 
 all courts appointed by the President will be sent direct 
 to the Secretary of Wai ; 
 
 2. Applications of officers, enlisted men, and mili- 
 tary prisoners for copies of proceedings of general 
 courts-martial, to be furnished them under the one 
 hundred and fourteenth Article of War, will, when 
 received by post or other commanders, be forwarded 
 direct to the Judge- Advocate-General." 1 
 
 3. "Communications relating to proceedings of mili- 
 tary courts on file in the Judge-Advocate General's 
 Department will be addressed and forwarded direct by 
 
 1 For form. >,- pa:,-.- 17!'. /<-/. For liri.-f of aiithoi iti-'s. \\lu-ii tin- writ i> 
 applii'il for on tin- i;nniiiil of minority, *< |Kigt- IS-', ;>./. 
 -Par. IlKi*, A I; 
 
 ll, R. S.; par.92p, A. R. 
 * Par. 92f, A. R. 
 & Id., 
 
I 
 
 DISPOSITION OF RECORDS. 73 
 
 department commanders to the Judge-Advocate-Gen- 
 eral. In routine matters, the Judge-Advocate General 
 and judge-advocates may correspond with each other 
 direct." 1 
 
 4. Judge-advocates of departments are the custodians 
 of the reports of cases tried by summary courts ' 2 and of 
 all proceedings of garrison or regimental courts-martial. 3 
 
 5. Post commanders will, on the last day of each 
 month, make a report to the department headquarters 
 of the number of cases determined by summary court 
 during the month, setting forth the offenses committed 
 and the penalties awarded. 4 * * Tbe-eom pi ate-pjocood* 
 ings of a garrison or regimental -court w"iH be transmit- 
 ted \Yitkottfc-deiayl3y The post or regimental commander 
 
 6. The reports of cases tried by summary courts and 
 the' records of garrison and other inferior courts, except 
 irJicn convened at recruit depots and recruiting stations 
 and other places exempted from the jurisdiction of com- 
 manders of territorial divisions and departments. by par- 
 agraph 187, Army Regulations, will/pe filed in the office v Aj 
 of the j udge-advocate at the headquarters of the depart- 
 ment commander in whose department the courts were 
 held for two years, at the end of which time they may 
 be destroyed. 6 Where such courts were convened at re- 
 cruit depots and recruiting stations and other exempted 
 places, ilie reports and records of such courts will be 
 forwarded direct to the Adjutant General of the Army. 
 
 l Par. 92T, A. R. 
 
 - Act of Oune 18, 1898, establishing the summary court ; see page 125, post. 
 3 Act of March 3, 1877. 
 
 * Act of June 18, 1898, sec. 4, page 126, post. 
 & Par. 99^, A. R. 
 
 6 Act of March 3, 1877. 
 
 A 
 
INFERIOR COURTS-MARTIAL. 
 
 THK SIM M AISY (or i: i . 
 
 1. Composition, etc. The summary court is com- 
 posed of one officer, designated by the commanding 
 <>Hi< T of a garrison, fort, or other place, regiment or 
 corps, detached battalion or company, or other detach- 
 ment, for such place or command, or for each battalion 
 of a command. When more than one officer is j 
 
 with a command, the commanding officer should not 
 designate himself as a summary court. But the sum 
 mary court may be appointed and the officer d.-siirnat'-d 
 by superior authority when by him dernifd desirable. 
 
 2. When but cme commissioned "fti< ! is present with 
 a command, he is a summary court and finally di-ti-r- 
 mines the cases tried by him. In such rase IK. order 
 appointing the court will be issued, but the officer will 
 enter on the record that he is the "only officer i 
 
 with the command."-' In all other casea ih- sent- 
 must, before they can be executed, be approved by the 
 officer appointing the court or the officer commanding 
 for the time being. 
 
 3. The summary-court act does not give the accused 
 the right to object to trial by summary court, except as 
 stated in the next paragraph, nor does it require that 
 when the trial officer is the accuser the case shall be 
 tried by another court. A summary court can not, 
 however, adjudge confinement and forfeiture in excess 
 of a period of one month, unless the accused shall before 
 trial consent in writing to trial by said court, but in 
 
 bj iu-( of June 18, 1896, wd raeognhed bj the BBd \. 
 
 See pages 125 ami 1'J*. ;./. 
 2 Par. 9M, A. R. 
 
 (, 
 
THE SUMMARY COURT. 75 
 
 any case of refusal to so consent, the trial may be had 
 either by general, regimental, or garrison court-martial, 
 or by said summary court, but in case of trial by said 
 summary court without consent as aforesaid, the court 
 shall not adjudge confinement or forfeiture of pay for 
 more than one month. 1 
 
 4. Noncommissioned officers can not, if they object 
 thereto, be brought to trial before summary courts 
 without the authority of the officer competent to order 
 their trial by general court-martial, but shall, in such 
 cases, be brought to trial before garrison, regimental, 
 or general courts -martial, as the case may be.' 2 
 
 5. Jurisdiction. The summary court has jurisdiction 
 both in time of peace and of war. 
 
 6. As regard* persons, the summary court can not 
 legally try officers, cadets, candidates for promotion, or 
 the civilians mentioned in the 63d Article of War. As 
 to noncommissioned officers, see paragraph 4, ante. 
 Over all other enlisted men and over general prisoners 
 the summary court has jurisdiction. 
 
 7. As regards time of trial, the jurisdiction of a sum- 
 mary court is not affected by the time when cases are 
 brought before it, the requirement of the law as to time 
 being directory only. The commanding officer, and not 
 the court, will determine when and what cases will be 
 brought before it. Delay in the trial of a soldier does 
 not invalidate the proceedings, but may be considered 
 by the court in awarding sentence. 3 
 
 8. Power. Summary courts have power to adminis- 
 ter oaths; 4 to hear and determine cases; and, when 
 
 1 83d A. W., as amended by act approved March 2, 1901, page 128, post. 
 
 - Summary Court Act, page 126, ]><>/. 
 
 Par. !Hi7, A. I!. 
 
 4 This refers to oaths of witnesses. The trial officer himself is not sworn. 
 The trial officer* of summary courts, judge-advocates of courts-martial, and 
 judge-advocates of departments have power to administer oaths for purposes 
 of military justice and for other purposes of military administration. (See 
 act of July 27, 1892.) A .summary court is not empowered to issue process 
 of attachment to compel the attendance of a civilian witness. 
 
, p 
 
 t 
 
 70 THE SUMMARY COURT. 
 
 satisfied of the guilt of an accused party, to adjudge the 
 punishment to be inflicted. 1 
 
 9. Procedure. The accused will be arraigned and 
 allowed to plead, according to court-martial practice. 
 When the accused pleads not guilty, witnesses will be 
 sworn and evidence received, the accused being per- 
 mitted to testify in his own behalf and make a state 
 ment, but the evidence and statement will not be 
 recorded. 
 
 Hi. The summary court, as soon as trial is con- 
 cluded. will record its findings and sentence* in the 
 summary court record and submit it to the officer 
 appointing the court, who will record thereon his 
 approval or disapproval, in part or in whole, with date 
 and signature. Should the only officer present with 
 the command sit as summary court, the findings and 
 sentence will be recorded in like manner. :! No other 
 records of the proceedings will be kept. and such trials 
 will not be published in orders. 
 
 11. Previous Convictions. Charges submitted for 
 a suinmarv court will/Jbft-Accpiimaiiied by . 
 
 * f 9 * f& ***&/$* .CZ^. *?&>*<& 7^S* ~ A 
 
 of previous convictions, fo-pe f umiunod wjfon" 5 
 rnrtirnblfl by thn nffirrr prrfrrring thn rhnrgfr; nr, If 
 
 i.lMBM is bOBtaimd in fefl MM, unary mim n-rnrrt. 
 
 .-y ^-jkjeforopoo to it will )H Htiffieioat. If this evidm 
 
 "* not submitted or cited, the summary court may take 
 
 notice of any such evidence which that record 
 containsy^Ghargea 8ttbmifete44e-garri8e&or n -.1; i i n wtel 
 must b^ accouipanie<l by the proper 
 
 evidence ..f previous convictions. 4 
 
 12. Whenever, in determining on its senten 
 
 ary court shall take into consideration previous 
 
 Art ..f .lun. -': ami Xki A. \\ ., as amendci] l.y 
 
 a.-t a|i|n-.ivi-il Mar. li 'J. I'.'iil, p.ii." 
 - Ki>r forms f.u MMitciiri-. 
 'See i-ai;,- I.M, /,.,>/; iilso juip- 1,V-, par. 2, j.oW. 
 
 ^^^L ^- 
 
THE SUMMARY COURT. 77 
 
 convictions, a note of the number of such previous 
 convictions will be made on the summary court record. 
 
 13. Limit of Punishing Power. Summary courts are 
 subject to the restrictions of the 83d Article of War. 
 
 Under this article inferior courts-martial t; have 
 power to award punishment not to exceed confinement 
 at hard labor for three months or forfeiture of three 
 months' pay, or both, and in addition thereto, in the 
 case of noncommissioned officers, reduction to the 
 ranks, and in the case of first-class privates reduction 
 to second-class privates: Provided, That a summary 
 court shall not adjudge confinement and forfeiture in 
 excess of a period of one month unless the accused shall 
 before trial consent in writing to trial by said court, 
 but in any case of refusal to so consent the trial may 
 be had either by general, regimental, or garrison court- 
 martial, or by said summary court, but in case of trial 
 by said summary court without consent as aforesaid, 
 the court shall not adjudge confinement or forfeiture 
 of pay for more than one month." This is the limit of 
 iln-ir pniiixliiiKj jxnver. For those offenses for which a 
 limit of punishment has been prescribed, a summary 
 court is restricted to the kinds of punishment named, 
 except as to the substitutions in the settled ratio given 
 on page 59, ante. 
 
 14. Record. " There shall be a summary court rec- 
 ord kept at each military post, and in the field at the 
 headquarters of the proper command, in whith shall be 
 entered a record of all cases heard and determined and 
 the action had thereon." * 
 
 15. Clemency. The commanding officers authorized 
 to approve the sentences of summary courts and supe- 
 rior authority have power to remit or mitigate the 
 same. 2 
 
 i Act of Juno is, iww; K.M- ). l-2(J,i>xt. Fur form ft 
 
78 
 
 THE SUMMARY COURT. 
 
 16. "When the only officer present with a command 
 sits as a summary court, no approval of the sentence is 
 required by law, but he should sign the sentence as 
 such officer and date his signature." l 
 
 17. Instructions for Post and Other Commanders, 
 relating to Summary Courts. Charges for offenses 
 cognizable by inferior courts will be laid before the 
 proper commander, who, if he thinks the arrus-<l 
 should be tried, will cause him to be brought before 
 the summary court* or garrison or regimental court- 
 martial. Before referring to summary courts charges 
 for which the maximum limit of punishment that may 
 be awarded is greater than one month's forfeiture and 
 confinement, commanding officers will cause the ac- 
 cused to sign a statement on the charge shoot as to 
 whether or not he consents to trial by summary court. 
 A note of this statementw411 be eniofod on the monthly 
 report of trials by such court. 
 
 IN. "Commanding officers are not required to bring 
 every derelic>i6n of duty before a court for trial, but 
 will endeavor to piw-nt th-ir recurrence by admoni- 
 tions, withholding of privileges, and taking such >t-ps 
 a^ inay be necessary to enforce their orders. 
 accordance with the spirit of the foregoing, company 
 commanders are authorized, subject to the control of 
 the commanding officer of the post, to dispose of 
 of il -relictions of duty in their commands which would 
 be within the jurisdiction of inferior courts-martial by 
 requiring extra tours of fatigue, unless the soldier con- 
 cerned demands a trial. This right to demand a trial 
 must be made known to him. 5 
 
 19. "The summary court will be opened at a 
 hour every day except Sunday/ for the trial of such 
 
 i Par. !Mtf. A. K. -/,/.. 9C/O 
 
 / <W.,96f. n. ' 0., M U b I I 
 
 If itfeVDdentood tliat th.. rourt -hall not r-it mi Sunday, the .illii-.-r 
 .har-.'d N\ith the duty of hringinsr offenders I.efon- it will .'omi.ly with his 
 d^ty by doing su at the llrst ^-^ion ot th,' court theival't..'!. 
 
 ' 
 
THE GARRISON COURT-MARTIAL. 79 
 
 cases as may properly be brought before it. Trials 
 will be had on Sunday only when the exigencies of the 
 service make it necessary." : 
 
 20. Commanding officers will furnish company and 
 other commanders with copies of the summary court 
 record relating to men of their commands, said copies to 
 be certified to be true copies by the commanding officer 
 or adjutant.' 2 
 
 21. The name of each officer at a post who has acted 
 as a summary court will be reported on the post return, 
 with dates. 
 
 THE GARRISON COURT- MARTIAL. 
 
 1. Composition. A garrison court-martial is com- 
 posed of three members 8 and a judge-advocate. The 
 remarks regarding the eligibility of officers for court- 
 martial duty, on page 11, paragraphs 1-3, ante, apply 
 to garrison courts. 
 
 2. Constitution. Every officer commanding a garri- 
 son, fort, or other place where the troops consist of dif- 
 ferent corps may appoint garrison courts. 4 The term 
 ' ' other place ' ' includes any locality whatever where the 
 command may be, whether in garrison or in the field. 
 To fulfill the requirement regarding " different corps," 
 it is sufficient if there be on duty in the command a 
 xiiif/le officer or soldier of another arm of service than 
 that of which the main body is composed. 
 
 3. Jurisdiction, etc. The summary court act has 
 expressly abolished the field officer's court, and has 
 practically substituted the summary court for the gar- 
 rison and regimental courts-martial, both in time of 
 peace and war, subject to the provisions that noncom- 
 missioned officers shall not, if they object thereto, be 
 brought to trial before summary courts without the 
 authority of the officer competent to order their trial 
 by general court-martial, but shall in such cases be 
 
 iPar. 967f A. R. 2/d.,.9&T. 82d A. W. *M. 
 
 ( 
 

 *U THE GARRISON COURT-MARTIAL. 
 
 brought to trial before garrison, regimental, or general 
 courts-martial, as the case may be: 1 and tin- s:5d Article 
 of War provides that a summary court shall not adjudge 
 confinement and forfeiture in excess of a period of one 
 month unles- tin- accused shall before trial consent in 
 writing to trial by said court, but in any case of refusal 
 to so consent the trial may be had either by g. 
 regimental, or garrison court-martial. 
 
 4. The garrison court-martial can not try capital 
 cases, nor commissioned othV.-rs. cade; iulates 
 for promotion; but it lias jurisdiction over all other 
 enli-ted men, general prisoners, and. in time of war, 
 over the persons described in the '>:}d Article of War. 
 
 5. A garrison court-martial maybe convened undrr 
 tlie following circumstances: 
 
 (a) Where the accu>ed. not being an enlisted man or 
 a iT'Tiera! prisoner. i> not subject to the jurisdiction of 
 a .summary court, although he Is >ubject to tin- jurisdic- 
 tion of other inferioi c'urts-martial. 
 
 (6) Incase the accti-d. before trial, refuses toc..i, 
 sent in writing to trial by summary court, tl; 
 being <>ne which a summary court can not, under these 
 i-ircuiii>tancr>. adequately punish. 
 
 When tlie accused, bring a noncoinmissionrd c.fii- 
 cer. objects to trial by summary court. 
 
 6. Whenever under the summary court act or the 
 s::d Article of War it IKVOHH .ry to com 
 garrison or regimental court, the order appointing it 
 will state tlie facts which bring the cases 
 
 within the exceptions of those la \> 
 
 7. The grni-ral remarks lieretofore made regarding 
 the president, members, judge-advocate, organization, 
 order of procedure, 3 etc.. of courts-martial apply to gar- 
 rison courts, except when the general court 
 
 ally mentioned. 
 
 1 Act of Jtun- Is. 
 
 \ I.' KIT f.-rin for IM|.T ami * 
 
 "Trsiinioiiv lakni l.cfoir -,\ pini-oii r rrirjmi-iital coin t-in;rli;il will not 
 to \vritinj:. (,1'ar. '.*?, A. K.) 
 
 I 
 
THE REGIMENTAL COURT-MARTIAL. 81 
 THE REGIMENTAL COURT-MARTIAL. 1 
 
 1. Composition. The regimental, like the garrison 
 court-martial, is composed of three members and a 
 judge-advocate; but in case of the regimental court 
 only officers of the offender's regiment or corps are 
 eligible for detail on the court.- 
 
 2. Constitution. Every officer commanding a regi- 
 ment or corps may appoint a regimental court-martial. - 
 The word "corps" includes the Corps of Engineers, 
 the Ordnance, and the Signal Corps. 
 
 3. Jurisdiction. With the exception that the regi- 
 mental court-martial has jurisdiction only over offend- 
 ers belonging to the regiment or corps from which the 
 court is composed, and over civilians attached thereto, 
 as contemplated in the 63d Article of War, what has 
 been said of the jurisdiction, punishing power, and pro- 
 cedure of garrison courts applies equally to regimental 
 courts. 3 
 
 The regimental court-martial also has the jurisdiction 
 conferred upon it by the 30th Article of War. 1 
 
 1 See page 104, pout, note. 
 281st A. W. 
 
 3 Regarding order for regimental court, see par. !)G8, A. II.; and for form 
 for ri'Cord, src piiiCf I.V.I, post. 
 
 3G09 1> 
 
COURTS OF INQUIRY. 
 
 1. Constitution. A court of inquiry may be ordered, 
 that is, convened, by the President or by any command- 
 ing officer, but shall never be ordered by a commanding 
 officer except upon a demand by the officer or soldier 
 whose conduct is to be inquired of. 1 
 
 2. There is no statutory restriction to the meaning of 
 the term commanding officer,'' consequently any . ..in 
 mander of the officer or soldier who makes the request 
 would have authority to convene the court, but it tin- 
 charge t be inquired into is beyond the jurisdiction of 
 a court-martial which such commander can convene, 
 he would not. by analogies of the service in the admin- 
 istration of military justice, be the proper convening 
 authority in such case. It is the offense charged which 
 should give the jurisdiction to convene and not the status 
 of the party in service.-' 
 
 3. Jurisdiction. A court of inquiry is convened to 
 examine into the nature of any transaction of, or a< 
 
 tion or imputation against, any officer or soldier, 3 and 
 the inquiry is confined to those actually in the service. 
 It will not give an opinion on the merits of the case 
 inquired of unless specially ordered to do so. s The 
 opinion may not be unanimous and a dissenting opinion 
 is therefore authorized. The court is not barred by any 
 statute of limitation in its investigation. 6 
 
 l 115th A. W. 
 
 -Ojiin. .1. A. <;., :ij.j.r..vi-.l l-v S.vivtarv of \Var. Sept. nil..-r I'.i, 1874. 
 
 3115th A. \V. 
 
 MHjti-st <>|.in. J. A. G., | :<r,t;. 
 
 f-lllMl. A. \v. 
 
 "Digest Opiu. .1. A. <;.. 
 
 (82) 
 
COURTS OF INQUIRY. 83 
 
 4. Composition. "A court of inquiry shall consist of 
 one or more officers, not exceeding three, and a recorder, 
 to reduce the proceedings and evidence to writing." l 
 
 5. The form of the convening order is similar to that 
 for a court-martial. It details the members and recorder 
 by name, and specifies the subject-matter of inquiry, and 
 directs a report of the facts only, or of the facts with 
 an opinion. 
 
 (). Where the court is composed of two or more mem- 
 bers and the number is reduced by casualty or challenge, 
 the court may proceed with the reduced number, but the 
 convening authority should be notified, as a new mem- 
 ber may be detailed and take his seat during the inquiry. 
 
 7. Organization. It is the custom of the service to 
 allow the same right of challenge of members as in 
 courts-martial. 
 
 8. The oath of the members of the court is adminis- 
 tered by the recorder and that of the recorder by the 
 president of the court. The oaths are those prescribed 
 by the 117th Article of War. 
 
 9. A reporter for a court of inquiry is allowed to be 
 paid under current appropriation acts for the support of 
 the army. The employment and rate of compensation is 
 in the discretion of the Secretary of War only. Reporters 
 are usually paid at the rates fixed by army regulations 
 for those of general courts-martial. 
 
 10. Procedure. A court of inquiry is governed by the 
 general principles of military law, applying the analo- 
 gies of a court-martial where they are applicable, and 
 recurring to adjudged cases, precedents, rules, authori- 
 tative legal opinions and approved books of legal expo- 
 sition, where there is no pertinent paramount stated 
 rule. 2 
 
 11. "A court of inquiry, and the recorder thereof, have 
 the same power to summon and examine witnesses as is 
 given to courts-martial and the judge-advocates thereof. 
 Such witnesses shall take the same oath which is taken 
 
 1 116th A. W. 2 8 Opin. Atty. Gen., 346. 
 
84 COURTS OF INQUIRY. 
 
 by witnesses before courts-martial, and the party ac- 
 cused shall be permitted to examine and cross-examine 
 them, so as fully to investigate the circumstances in 
 question." 1 
 
 1 '.'. The examination of witnesses may be by the court, 
 by a member thereof, or by the recorder, in the di>nv- 
 tion of the court. The recorder is not an alvi> r <>i' 
 the court, nor a prosecutor before it, but must assi>t tli 
 court, if it so desires, in all matters leading to corn < -t 
 conclusions of fart and Itiw. 
 
 1 :{. The court must give its conclusions as to the facts 
 as a finding, and, when ordered, give an opinion on the 
 merits of the case. 
 
 14. '"The proceedings of a court of inquiry must ! 
 authenticated by the signatures of the recorder and tin- 
 president thereof, and delivered to the commanding 
 officer."-' The form for the record of a general court- 
 martial should be followed in making up the record of 
 the court. 
 
 1 118th A. W. a 190th id. 
 
RETIRING- BOARDS. 
 
 1. Constitution and Composition. "The Secretary 
 of War, under the direction of the President, shall, from 
 time to time, assemble an Army retiring board, 1 con- 
 sisting of not more than nine nor less than five officers, 
 two-fifths of whom shall be selected from the Medical 
 Corps. The board, excepting the officers selected from 
 the Medical Corps, shall be composed, as far as may be, 
 of seniors in rank to the officer whose disability is in- 
 quired of . ' ' '-' 
 
 2. The provision of the statute as to the rank of the 
 members is directory only, and the decision of the con- 
 vening authority, as evidenced by the selection of the 
 members of the board, is conclusive. 
 
 8. Retiring boards are convened by the Secretary of 
 War, who, in the absence of any statutory authority, 
 under the custom of the service, appoints a recorder. 
 The recorder is not charged with any specific function 
 other than to record the proceedings of the board. He 
 will, however, carry out such instructions as may be 
 given him by the board and may be required by the 
 latter to collect evidence, present it to the board, exam- 
 ine the witnesses and, generally speaking, conduct the 
 case for the Government. 
 
 A stenographic reporter for a retiring board can only 
 be employed on the authority of the Secretary of War 
 obtained in advance of the emi>loyment. The authority 
 must be filed with the voucher on which payment is 
 made. The form of voucher used will be that provided 
 
 1 For procedure MS to retirement "" examination for promotion see page 
 '.*:',, and for form for record of retiring board see page 160, post. 
 -Sec. 1246, 11. S. 
 
 (85) 
 
86 RETIRING BOARDS. 
 
 for the payment of reporters for general courts-martial 
 with the necessary changes in the wording of the form. 1 
 
 4. Right to a Hearing. " Except in cases where an 
 officer may be retired by the President upon his own 
 
 . application, or by reason of his having served forty-five 
 years, or of his being sixty -two years old, no officer shall 
 be retired from active service, nor shall an officer, in 
 any case, be wholly retired from the service, without a 
 full and fair hearing before an Army retiring board, if, 
 upon due summons, he demands it." 
 
 5. This entitles an officer subject to be thus retired, to 
 appear before the board, with counsel if desired, ami to 
 introduce testimony of his own, and to cross-examine 
 the witnesses examined by the board, including the 
 medical members of the board who may have taken 
 part in the medical examination and have stated or re- 
 ported to the board the result of the same. If the officer 
 does not elect to appear l>efore the board when sum- 
 moned, he waives the right to a hearing, and can not 
 properly take exception to a conclusion arrived at in 
 hisabseiK 
 
 6. Section 1253, Revised Statutes, does not authorize 
 the President to send a case back to a retiring board 
 after he has once approved and acted upon its report; 
 such approval and action determines that the officer 
 has had " a full and fair hearing." 4 
 
 1 K>r form nf voucher ee \>:i<- 177. | 
 
 -Sec. 1-J.V1, K. S.: no. 17. :i. t August 13, 1861. 
 -t Opin. .1. A. <;.. <j ^1'.'7. 
 
 'Mill, McBlair's ca>. I n both ..f the^e 
 
 i a-e, tin- .'Hirers had been \\holl\ retired. :nnl their successors had been 
 appointed and . ..utn in. <l. 
 
 Attorney lietieial I>i'\.-n> held win -re a naval officer having appeared 
 before an examining board i .i irani/.ed under sees. 1 4IW-1 "><>.">, K. S.), and, 
 ill- examination being temporarily suspended, was grante<l permission to 
 go home and to he absent until notified by the board to appear, and he 
 failed to receive this notice until after the examination, which was re- 
 sumed ilnring his absence, had been concluded, and the proceedings and 
 findings of the board were approved by the President and his order in the 
 
 case duly executed b\ the letirelllent of the othcer I under MC. 1 M7. I.'. > . 
 but the vacancy create 1 by Mich i etireinetit remained unfilled, and no rights 
 of any other person had intervened, that the action of the President could 
 be revoked and the officer allowed a bearing. (16 Opin., - 
 
RETIRING BOARDS. 87 
 
 7. Challenge. The statutory right to a " fair hear- 
 ing ' ' includes the right to a hearing by an impartial 
 board, and therefore the right to challenge for cause. 
 
 8. Oaths.-^-The members of a retiring board " shall be 
 sworn in every case to discharge their duties honestly 
 and impartially." 1 The oath is administered by the 
 recorder. 
 
 The following form of oath complies with the statute: 
 ' ' You [naming the members] do swear that you will 
 honestly and impartially discharge your duties as mem- 
 bers of this board in the matter now before you. So 
 help you God." 
 
 9. The presiding officer of the board administers the 
 following oath to the recorder: 
 
 4 'You [naming him] do swear that you will, accord- 
 ing to your best ability, accurately and impartially 
 record the proceedings of the board and the evidence to 
 be given in the case in hearing. So help you God." 
 
 10. Powers. A retiring board may inquire into and 
 determine the facts touching the nature and occasion of 
 the disability of any officer who appears to be incapable 
 of performing the duties of his office, and shall have 
 such powers of a court-martial and of a court of inquiry 
 as may be necessary for that purpose. "In the execu- 
 tion of the duty thus imposed by law, the board is re- 
 quired to ascertain the nature and extent of the dis- 
 ability and its character and effect, as temporary or 
 permanent. The evidence upon which to base its find- 
 ings in this regard should be derived chiefly but not 
 exclusively from the report of the medical officers and 
 from the authenticated extracts from the departmental 
 records which show the cases in which the officer has 
 received medical or surgical treatment during his con- 
 nection with the military service." 2 
 
 11. The investigation of a retiring board is not re- 
 stricted by any statute of limitation. It may inquire 
 
 iSec. 1247, K. S. 2 Cir., W. D., Feb. 27, 1904. 
 
88 RETIRING BOARDS. 
 
 into the matter of a disability, however long since it 
 may have originated . ' 
 
 12. "The provision (of section 1248, Revised Statutes) 
 that the board 'shall have such powers of a court- 
 martial and of a court of inquiry as may be necessary,' 
 etc., is indefinite, but has given rise to but little ques- 
 tion in practice. Construing it in connection with the 
 other provisions cited, its evident intention is seen to 
 be that the board shall have and exercise such powers 
 of a court ' as may be requisite to insure a full inves- 
 tigation, to afford a fair hearing, and to enable it satis- 
 factorily to determine the questions referred. Thus it 
 is properly authorized and empowered to call for and 
 entertain such testimony of witnesses, depositions, docu- 
 ments, or papers, as may be material to establish or 
 illustrate the nature or extent of the disability, to pass 
 upon questions of admissibility of evidence, to grant 
 continuances, to give the officer ordered before it 
 sonable opportunity of defense if desired, to find and 
 report in his absence if he fail to appear: and further to 
 determine the relevancy and validity of challenges to 
 its members and punish acts in the nature of contempt, 
 according to Arts. 86 and 88 (A. W.), if necessary to an 
 impartial and complete inquiry. But the board can in t 
 entertain a charge of a military offense as such, nor 
 assume to try. The disability which it is to inquire into 
 is an existing physical or mental incapacity, not a moral 
 defect or a criminal amenability. If the case be one 
 calling for trial and punishment, it should be r : 
 to a court-martial. M - 
 
 1:1 "The board having established the fact of inca- 
 pacity for active service must seek the cause of such 
 incapacity and determine whether the cause so ascer- 
 tained is an incident of service; that is, a thing whieh 
 inseparably belongs to, is connected with, or inheres in 
 the military service. Battles, marches, the perform- 
 ance of the several duties in garrison or in the field which 
 
 Digest Opin.J. A. <;., -JIM. 
 
 - Wiiithrop'a Military Law and Precedents, page 765; Digest Opin. .1. A. 
 G., 
 
RETIRING BOARDS. 89 
 
 are imposed upon officers of the line or staff by law, 
 regulations, the lawful orders of competent military 
 superiors, by an established custom, or by the exigen- 
 cies or necessities of the military service; all these make 
 up and constitute the ' incidents of service, ' one or more 
 of which must be ascertained by the board as the deter- 
 mining cause of an incapacitating disability. If the 
 disabling cause be a wound or injury, the wound or in- 
 jury must have resulted from an incident of the service; 
 if it be a disease, the disease must have been the result 
 of an incident or a succession or aggregation of incidents 
 of the service; in other words, the board must pass from 
 the disability to the occasion or circumstance of which 
 it is the direct result, and that occasion or circumstance 
 must be a thing so inseparably associated with the mili- 
 tary service, so directly connected with it and growing 
 out of it as to entitle it to be regarded as an incident of 
 the service. 
 
 "If an officer participates in military operations, or 
 serves in a locality where the climatic or other causes 
 are such as to induce a particular form of disease, and 
 having taken due and reasonable precautions to prevent 
 it contracts such disease, then if disability results its 
 cause would properly be regarded as an incident of serv- 
 ice within the meaning of the statute. But when a 
 disease is contracted, not due to exposure or to the exist- 
 ence of conditions such as have been described, the board 
 will require the production of testimony showing that 
 it is not due to vicious or irregular habits, and that there 
 has been neither carelessness nor contributory negli- 
 gence on the part of the officer, who is bound as a pru- 
 dent man and a conscientious public officer to use every 
 proper means at his command to preserve his health and 
 to maintain his physical efficiency under all conditions 
 of service." 1 
 
 14. When the retirement is desired by the officer be- 
 fore the board, it is proper, at the beginning of the hear- 
 ing, for him to state under oath the nature and cause of 
 
 ifir., W. D., Feb. 27 1901. 
 
( .K) RETIRING BOARDS. 
 
 his disability, the recorder or board asking such ques- 
 tions as will help to bring out the facts. He may also 
 be interrogated as to his military history, if it be deemed 
 desirable to do so. When the retirement is opposed by 
 him, he can not be required to testify against himself. 
 
 15. The senior medical officer of the board is the next 
 witness. He is called on to submit the result (reduced 
 to \iyriting and signed by the medical officers) of the 
 medical examination of the officer before the board, and 
 is interrogated as to the cause and permanency of the 
 disability and the degree of incapacity for active service. 
 The other medical officer or officers (if there be more 
 than two) are similarly examined. Whether the disa- 
 bility is an incident of service, 1 is a question for the 
 board to determine on the facts. 
 
 16. The recorder then submits the documentary evi- 
 dence which h< j has received from The Adjutant Gen- 
 end's Office. It is not the practice of retiring l>ar<l> t<> 
 verify the correctness of these records under oath. Other 
 evidence may then be introduced. The officer before 
 the board has the right, as above stated, to object t<> 
 improper evidence and to interrogate the witness' 
 
 may himself introduce evidence, if legal, material, and 
 relevant, and may submit a statement in writing, if he 
 desires to do so. 
 
 17. Finding. " When the board finds an officer inca- 
 pacitated for active service, it shall also find and report 
 the cause- which, in its judgment, has produced his 
 
 1 As to what incident to the service " mean-. Kfl al- 
 note :t. 
 
 - It ha- heen hi-l'l that tin- "cause" of " mcapai ity " intended il 
 Ul'i. li. '\i-ed Stal u te-. is ;i ph.v>ical > anse; that moral oldioiiity was n<-t had 
 in view; ami that the matter of tin- tinain-ial integrity of tin- ollir.-r wa> 
 heyond tin- jurisdiction of the hoard. So. held that th.- hoard 
 authori/.ed to recommend tin- retirement of an olhcer because he did not 
 pay his di'hts. Held also that the inability of a dishur-inir otlicer to furnish 
 a hond when duly required to do so was not siitlirient irround for his retire- 
 ment. ( Digest Opin. J. A. G., ^-JtW.) 
 
 Held that the law sections TJjs and l'_M!i. lievi-ed Statin- contemplated 
 
 an .-xi^tinir and not a purely prospective and contingent in.-a|a 
 that an in<|iiirr into an othcer'~ >T'-neral .-thcirncy could l>e pertinent only 
 in so far as it could he regarded as going to ehow that his inefficiency, if 
 found was the result of an impairment of health, i /.f.. ^204.) 
 
RETIRING BOARDS. 91 
 
 incapacity, and whether such cause is an "incident of 
 service." 1 
 
 18. The board is closed for deliberation and deter- 
 mines whether the officer before it for examination is 
 incapacitated for active service or not. (It is not neces- 
 sary that the recorder retire. ) When it finds the officer 
 incapacitated for active service, it must also find and 
 report the cause which, in its judgment, has produced 
 the incapacity, and whether such cause is an incident 
 of service. 1 The board may modify its findings and 
 decision at any time before forwarding its record of 
 proceedings. The finding should be framed in narrative 
 form, and should not embrace any recommendation. 
 
 19. Action on Finding. " The proceedings and deci- 
 sion of the board shall be transmitted to the Secretary of 
 War, and shall be laid by him before the President for 
 his approval or disapproval and orders in the case." 2 
 
 20. In any case in which, in the President's judgment, 
 the investigation has not been complete, " or the finding 
 is not justified by the facts, he may, before acting there- 
 on, return the proceedings to the board for a further 
 inquiry or hearing, or a correction of its conclusions, as 
 in a case of a court-martial. But not being a court, and 
 the inquiry not being a trial, the board, upon such 
 revision, may, and should if so directed, reexamine 
 former witnesses or take new testimony. 
 
 21. " It is now fully settled that where the President 
 has finally approved the finding of a retiring board, and 
 has acted thereupon by making his order retiring the 
 officer in one of the forms authorized by the statute, his 
 power is exhausted. He can not then reopen the case, 
 nor, though the order made was mistaken or unjust, can 
 he revoke it and substitute another otherwise retiring 
 the officer. If he does so, the second order will be void 
 and inoperative. The action of the President, whose 
 authority in such a case is, in the language of the 
 Supreme Court, ' wholly dependent upon the letter of 
 
 igec. 1249, R. S. 2g e c. 1250, E. S. 
 
'.i-' RETIREMENT. 
 
 positive enactment,' is 'equivalent to the judgment of 
 an appropriate tribunal -upon the facts as found, and 
 can not be disturbed.' If injustice has been done, 
 relief can be afforded by Congress alone.'' * 
 
 22. " The finding of a retiring board, approved by the 
 President, is conclusive as to the facts. The board finds 
 the facts and the President approves or disapproves the 
 finding, but the law does not empower him to modify 
 the finding or to substitute a different one. There is 
 here a judicial power vested in the two, and not in the 
 President acting singly, and when the power has been 
 once fully exercised it is exhausted as to the case." 9 
 
 RETIREMENT. 
 
 1. "When any officer has become incapable of per- 
 forming the duties of his office, he shall be either retired 
 from active service, or wholly retired from the service, 
 by the President, as hereinafter provided." 8 
 
 MVinthrop'n Military Law and Precedents, page 7' 7: Inited State* v. 
 Iturchard, 1-J". I'. S. ( 17'.*, 1*0; Hurchard r. 1'nited State*. 1'.' Ct. CN., l.TT; 
 Potts r. United State- 175; Mill.-r r. Tinted State*, 1 
 
 .-. M. I'.lair 9. li.it. <( State*. U 
 
 tin. line <>f tin- retiring board, approved by the Preside!,;, is tin- judgment 
 <>f tin tribunal en -a ted under the law to determine such questions. 1 ' (Potter. 
 I nited States, .s-.;,ni.) 
 
 " The tindmu. approved by the President, fixes the fart that an officer's 
 in. -aparit v was or was not caused by the service, and the fact once fixed can 
 nut be ri-vicwed. " (Hun-hard r. I'nit. -.) 
 
 I IH.U the report of the board, the President had the right to adopt one 
 of three courses with the claimant: he c..iiM disapprove the finding, and 
 thereby ! tain tin- claimant in the active service; retire him from active 
 i irlioll;/ retire him from tin- Army, a- he minht d.-t. rniine. He 
 hail a jM>wer t<> i-x.-rcj..- in tin- di.-po-ition of the report, and I, 
 thereon made, in law, the complete exercise of the full measure of authority 
 providi-d by the .statute. It i- n->t a ntinnitnj power, l>ut is \,< rfornn--! to 
 
 tl \tent of its existence by the ... act of (!.. President." ( Mi Blair r. 
 
 I'nited > And comp Randolph, -j l'. r ,..k.. 1711; 
 
 l'-.,pl,- I. \Vayiies\ill.-, s> 111.. 47". cited in l!M|,in. Atty. (iet... iM9.) 
 
 -t npin. .1. A. (',.. |] - Hurcbard, U:> I . S.. iT-.i. 
 
 ' ! Sec. TJjr., H. S. (see 8C8. 1246 to 1258, R. S., inclusive i. Tin- 
 i~ taken from s.-c. I* 1 , of " an act providing for the better orcani/ation of the 
 Military KMahlMiment," approval Augusts, 1861, which prescribed, "that 
 if any commissioned officer of the Army, or of the Marine Corps, shall have 
 liecoim-. or shall hereafter In-come, incapable of performing the duties of 
 In- other, he shall be placed upon the retired list and withdrawn from active 
 service and command and from the line of promotion." 
 
RETIREMENT. 93 
 
 2. ' ' When a retiring board finds that an officer is inca- 
 pacitated for active service, and that his incapacity is 
 the result of an incident of service, and such decision is 
 approved by the President, said officer shall be retired 
 from active service and placed on the list of retired 
 officers." ] 
 
 3. "When the board finds that an officer is incapaci- 
 tated for active service, and that his incapacity is not 
 the result of any incident of service, and its decision is 
 approved by the President, the officer shall be retired 
 from, active service, or wholly retired from the service, 
 as the President may determine." ' 2 
 
 RETIREMENT UNDER ACT OF OCTOBER 1, 189O. 
 
 1. The act of October 1, 1890, providing for examina- 
 tion for promotion in the Army directs: "That should 
 the officer fail in his physical examination and be found 
 incapacitated for service by reason of physical disability 
 contracted in line 11 of duty, he shall be retired with the 
 
 1 Sec. 1^)1. U. S. It does not affect the authority to retire under sec. 1251, 
 K. S., that the incapacity of the officer may have been found to have re- 
 sulted from a wound received by him while in the volunteer service before 
 entering the Regular Army. 
 
 -' Sec. 1252, R. S. Under sec. 1252, R. S., an officer may, in the discretion 
 of the President, legally be retired by reason of an incapacity resulting 
 from habitual drunkenness. 
 
 Sees. 1251 and 1252, R. S., are based on sec. 17 of the act cited in note 3, 
 patre icj, <(,//<, which prescribed as follows: " The board, whenever it finds an 
 otlicer incapacitated for active service, will report whether, in its judgment, 
 t hi- said incapacity result from long and faithful service, from wounds or injury 
 received in the line of duty, from sickness or exposure therein, or from any 
 other incident of service. If so, and the President approve such judgment, 
 the disabled officer shall thereupon be placed upon the list of retired officers, 
 according to the provisions of this act. If otherwise, and if the President 
 concur in opinion with the board, the officer shall be retired as above, 
 either with his pay proper alone, or with his service rations alone, at the 
 discretion of the President, or he shall be wholly retired from the service, 
 with one year's pay and allowances." 
 
 The incapacity mentioned is a physical incapacity. (Digest Opin. J. A. G., 
 ^(, 2208.) 
 
 3 The phrase "in line of duty," as used in this act, should be construed 
 as having the same meaning with " incident of service," as used in sec. 1249, 
 .11. S. 
 
 The following is an extract from a report of the Judge- Advocate General 
 which, although relating to enlisted men, is in principle applicable in the 
 
94 , RETIREMENT. 
 
 rank to which his seniority entitled him to be promoted; 
 but if he should fail for any other reason he shall be 
 suspended from promotion for one year, when he shall 
 
 case of commissioned uttirrrs. Tin- action of the War Department mi this 
 >-ep.,rt wa- in i-ffi-ct a continuation of the conclusion arrival at: 
 
 Formerly the expression 'line of duty' was much more strictly con- 
 strtied than now . Att>nn-y (J.-neial Cii-hing explained it thus: 
 
 ' The phra-e " Mm- i.f duty " is an apt one. to denote that an act of duty 
 
 perfur 1 must have relation of causation, mediate or immedi:r 
 
 wound, the casualty, the injury, <.r the disease, producing disability ol- 
 d-alb. 
 
 ***** 
 
 44 ' Every person who enter- tin- military S.T\ ice of tin- country officer, 
 -oldii-r, sailor, or nuirine takes upon him-elf certain moral and legal en- 
 ,t-of duty, which constitute his official or prof. ional ol. libations. 
 \Vhile in the performance of those things. which the law require- of him 
 as military duty, lie is in the line of his duty. Hut. at tin- sann- time, though 
 a -oldier or sailor. In- i> not tin- le a man and a citi/i-n. with pri\. 
 to exercise and diitie.- to perform; and. while attending to the-e :: 
 js not in the line of hi- public duty. In addition to this, a soldi. -r or -ailor. 
 like liny other man, has the physical faculty of doing niaiix things, \\hich 
 are in violation of dutii-. either general or -p.-.i.il: ami in doing these 
 thin^- he i- not ,i tin- in the line of his duty. Around all those a. : 
 solilier or sailor w hich are otlicial in their nature, the p. n-i..n l.tw draw- a 
 legislative line, and then they say to the so), Her or -ail. i : If. while per- 
 forming act- which are within that line, you thereby incur disability or 
 death, yon, or your widow r children, on the case may be. shall 
 pen-ion or other allowance; but not if the disability or death ari-e from a . t- 
 performed outside of that line, that is, absolutely di- onnected from, and 
 
 wholly independent of. the performance of duty. \V.<- th-- .an f di- 
 
 abilit\ or death a cau-e within the line of duty or out-ide of it .' \Va- that 
 cause appertaining to, dependent upon, or otherwise necessarily and essen- 
 tially connected with, duty within the line, or was it unappiirtenant, inde- 
 pendent, and not of necessary and essential connection '.' That, in my 
 judgment, is the true test-criterion of the cla*s .,f pen-ion case- n: 
 BOB.' i 7 opin. Ally. tien.. I'd. H.-J., 
 
 "A more liberal ron-t ruction was the earlier one .f Attonn'V (ieiieral 
 Hush. I pon this point he said: 
 
 "'I should presume, howev.-i. that every otlicer in full commission, and 
 not on furlough, must be considered in the line of his duty, alt!, 
 the moment, no particular or active employment i- devolved upon him. 
 The same of a soldier who is kept in pay. for it i- presuppo-e.l ,,f both the 
 inn- and the other that they are at all times prepared for duty; and it is 
 surely of indispensable obligation upon them to keep them-. l\.- detached 
 from other pursuits, so as to be ready at a moment to an-wer 
 emanating from those who umy be authori/ed to command them.' il Opin. 
 Ally. (Jen.. 
 
 ' I '.lit neither of the-.- views ha- bei-u found to be sufficient . and the) e- 
 
 fore neither has been followed in pruct 
 
 " Hy (the fourth section of) an act of March I'.. 1st',;, (i;{ Stat., 4SMI. it wa- 
 pro\ided: 
 
 "'That every noncommissioned ollicer, private, or other person, who 
 has been, or shall hereafter be, discharged from the army of the I nited 
 
RETIREMENT. 95 
 
 be reexamined, and in case of failure on such reexami- 
 nation he shall be honorably discharged, with one year's 
 pay, from the Army." 
 
 2. All questions relating to the physical condition of 
 an officer shall be determined by the full board. 
 
 The physical examination will be thorough, and will 
 include the ordinary analysis of the urine. 
 
 States by reason of wounds received in battle, on skirmish, on picket, or in 
 action, or in the line of duty, shall be entitled to receive the same bounty 
 as if he had served out his full term.' 
 
 " And by an act approved April 12, 1866 (14 Stat., 352), it was declared 
 
 " ' That the true intent and meaning of the words " or in the line of 
 duty," used in the fourth section of tin- act approved March 3, 1865, * * * 
 requires that the benefit of the provision of said section shall be extended 
 to any enlisted man or other person entitled by law to bounty who has 
 been or may be discharged by reason of a wound received while actually in 
 service under military orders, not at the time on furlough or leave of 
 absence, nor engaged in any unlawful or unauthorized act or pursuit.' 
 
 " In this enactment we have a legislative construction of the expression 
 'in the line of duty,' as used in the earlier legislation cited. To be in the 
 line of duty, in the sense of that legislation, the soldier must be actually in 
 service under military orders, and he must not be on furlough nor engaged 
 in any unlawful or unauthorized act or pursuit. For the purpose of that 
 legislation this legislative construction would be conclusive, but it is not 
 necessarily so in determining the soldier's condition in other connections 
 his right of admission to the Soldiers' Home, for example. In determining 
 his general military status or condition in respect to the question under 
 consideration a further limitation has in practice been recognized, namely, 
 that the disability must not be the result of the unlawful or unauthorized 
 act, as a direct or a contributory cause. A circular of the Surgeon Gen- 
 eral's Office, dated Way 11, 1893, approved by the Secretary of War, states 
 the matter as follows: 
 
 " ' It is just to assume that all diseases contracted or injuries received 
 while an officer or soldier is in the military service of the United States 
 occur in the line of duty unless the surgeon knows, first, that the disease 
 or injury existed before entering the service; second, that it was contracted 
 while absent from duty on furlough or otherwise; or, third, that it occurred 
 in consequence of willful neglect or immoral conduct of the sick man 
 himself.' 
 
 " I am inclined to believe that the principle as stated in the act of April 
 12, 1866, modified by the limitation indicated, is as accurate a general 
 statement of the meaning in military administration of the expression ' in 
 the line of duty ' as can be given. It is, however, subject to exceptions. 
 Thus a soldier may be on furlough and yet in the line of duty, as when he 
 is en route to his station at the expiration of his furlough, or when during 
 liis furlough he is, in compliance with orders, on his way to a place to 
 report his whereabouts. So, certain acts may in a measure be contributory 
 causes of disability, and yet not to such a degree as to bring the case 
 within the general rule, as when the disability is the result of negligence, 
 but the negligence is not of such a degree as to amount to culpable con- 
 tributory negligence. Such cases can only h*> .properly decided on their 
 own merits." 
 
!MJ RETIREMENT. 
 
 Defects of vision, resulting from errors of refraction, 
 that are not excessive, and that may be entirely cor- 
 rected by glasses, do not disqualify, unless they are due 
 to or are accompanied by organic disease. 
 
 :}. When the board finds an officer physically inca- 
 pacitated for service, it shall conclude the examination 
 by finding and reporting the cause which, in its judg 
 ment, has produced his disability, and whether such 
 disability was contracted in the line of duty. 
 
 4. The record in each case where an officer is found 
 physically disqualified shall be authenticated by all the 
 members, including medical officers, and the recorder. 
 In all other cases the medical officer will not be required 
 to sign the proceedings. If any member di- 
 the opinion of the board, it will be so stated. 
 
 :. Any officer reported by a retiring board as inca- 
 pacitated by reason of physical disability, the result of 
 an incident of service, shall, if the proceedings of said 
 board are approved by the President, be regarded as 
 physically unfit for promotion within the meaning 
 section 3 of the act of October 1,1 890, and will to retired 
 with the rank to which his seniority entitles him when- 
 ever a vacancy occurs that otherwise would result in 
 his promotion on the active list; provided, that 
 the occurrence of such vacancy he shall not have been 
 placed on the retired list. 1 
 
 6. The finding of the board of examination that the 
 officer is incapacitated for duty is not per xe final, but 
 must be reported for the action of the Secretary of War 
 and passed upon by him. Where the finding and report 
 of the board have been approved but not yet executed 
 by actual retirement, there may intervene contingencies 
 which would supersede such proceeding as the trial 
 and dismissal of the officer by court-martial, or the 
 arising of new causes which might make proper that the 
 question of his disability be inquired into by a retiring 
 
 1G. 0. 41, A.G. 0., l.V'7, whi.-h :.]<,- ,-,,utuin- .l.-t:iil.-,l instructions M to 
 procedure of board of fXiiniiiiiitiuiis in general. 
 
RETIREMENT. 97 
 
 board convened under section 1246, Revised Statutes. 
 But unless some such new occasion and ground of dis- 
 qualification be presented, the action of the Secretary 
 of War, in approving the report, remains final and ex- 
 haustive, and the officer is entitled to be retired under 
 the act of 1890, and can not legally be ordered before 
 such retiring board. 1 
 
 i Digest Opin. J. A. G., ^07- 
 3609 7 
 
ARTICLES OF WAR 
 
 SECTION |:',i-.'. R. S. The armies of the United 
 shall be governed by the following rules and articles. 
 The word officer, as used therein, shall be understood to 
 designate commissioned officers, the word soldier shall be 
 understood to include noncommissioned officers, musi- 
 cians, artificers, and privates, and other nli.-ted men. 
 and the convictions mentioned therein shall be under- 
 stood to be convictions by court-martial. 
 
 ARTICLE 1. Every officer now in the Army <>f the 
 Tinted States shall, within six months from the j,. 
 .f this act. and every officer hereafter appointed shall. 
 before he enters upon the duties of his office. snli^< rib- 
 these rules and articles. 
 
 ART. 2. These rules and articles shall be read to every 
 nlisted man at the time of. or within six days after, his 
 enlistment, and he shall thereupon take an oath or affir- 
 mation, in the following form: "I, A.B..do solemnly 
 swear (or affirm) that I will bear tine faith and alle- 
 giance to the United States of America: that I will ser\ 
 vhein honestly and faithfully against all their enemies 
 whomsoever; and that I will obey the orders of the 
 President of the United States and the orders of the 
 officers appointed over me, according to the rules and 
 articles of war." This oath may be taken before any 
 commissioned officer of the Army. 
 
 ART. :*. Every officer who knowingly enlists or mns- 
 ters into the military service any minor over the age of 
 16. years without the written consent of his parents or 
 guardians, or any minor under the age of 16 years, or 
 any insane or intoxicated persons, or any deserter from 
 the military or naval service of the United Stai 
 any person who has been convicted of any infamous 
 
ARTICLES OF WAR. 09 
 
 criminal offense, shall, upon conviction, be dismissed 
 from the service, or suffer such other punishment as a 
 court-martial may direct. 
 
 ART. 4. No enlisted man, duly sworn, shall be dis-. 
 charged from the service without a discharge in writing, 
 signed by a field officer of the regiment to which he 
 belongs, or by the commanding officer, when no field 
 officer is present; and no discharge shall be given to any 
 enlisted man before his term of service has expired, 
 except by order of the President, the Secretary of War, 
 the commanding officer of a department, or by sentence 
 of a general court-martial. 
 
 ART. 5. Any officer who knowingly musters as a soldier 
 a person who is not a soldier shall be deemed guilty of 
 knowingly making a false muster, and punished accord- 
 ingly. 
 
 ART. 6. Any officer who takes money, or other thing, 
 by way of gratification, on mustering any regiment, 
 troop, battery, or company, or on signing muster rolls, 
 shall be dismissed from the service, and shall thereby be 
 disabled to hold any office or employment in the service 
 of the United States. 
 
 ART. 7. Every officer commanding a regiment, an in- 
 dependent troop, battery, or company, or a garrison, 
 shall, in the beginning of every month, transmit through 
 the proper channels*, to the Department of War, an 
 exact return of the same, specifying the names of the 
 officers then absent from their posts, with the reasons 
 for and the time of their absence. And any officer who, 
 through neglect or design, omits to send such returns, 
 shall, on conviction thereof, be punished as a court- 
 martial may direct. 
 
 ART. 8. Every officer who knowingly makes a false 
 return to the Department of War, or to any of his supe- 
 rior officers, authorized to call for such returns, of 
 the state of the regiment, troop, or company, or garri- 
 son under his command; or of the arms, ammunition, 
 
Kid ARTICLES OF WAR. 
 
 clothing, or other stores thereunto belonging, shall, on 
 conviction thereof Ix'fore ;i court -martial, be cashiered. 1 
 
 ART. 9. All public stores taken from tin- enemy shall 
 k be secured for the service of the United states: ami 
 for neglect thereof the commanding officer shall be 
 answerable. 
 
 ART. 10. Every officer commanding a troop, battery, 
 or company, is charged with the arm-, accouterments. 
 ammunition, clothing,- or other military stores belong- 
 ing to his command, and is accountable to his colonel 
 in case of their being lost, spoiled, or damaged other- 
 wise than by unavoidable accident, or on actual service. 
 
 ART. 11. Every officer commanding a regiment or an 
 independent troop, lottery, or company, not in tin- 
 field, may, when actually quartered with such com 
 mand, grant furloughs to the enlisted men. in sn -h 
 numbers and for such time as he shall deem com 
 with the go.d of tlie -ervice. Kvery officer command- 
 ing a regiment, or an independent troop, batt- 
 company. in the field, may grant furloughs not 
 ing thirty days at one time, to five per cent of the 
 enlisted men, for good conduct in the line of duty, hut 
 subject to the approval of the commander of the force- 
 of which said enlisted men form a part. 1 
 paiiy officer ;>f a regiment, commanding any troop, 
 battery, or company not in the field, or commanding in 
 any garrison, fort, i>ost. or barrack, may. in the absi-nci- 
 of his field officer, grant furloughs to the enlisted men. 
 for a time not exceeding twenty days in six months 
 and not to more than two persons to be absent at tin- 
 same time. 
 
 ART. 12. At every muster of a regiment, troop, bat- 
 tery, or company, the commanding officer thereof shall 
 give to the mustering officer certificates, signed by him- 
 self, stating how long absent officers have been absent 
 and the reasons of their absence. And the commanding 
 officer of every troop, battery, or company shall give 
 
 1 " Canliifivtl " :iinl -.lisiui-s.'d fnun ill- Ml , ,in-j,|ri< <l 
 
 l>r:u-tic;illy synonymous. 
 
ARTICLES OF WAR. 101 
 
 like* certificates, stating how long 'absonf iionsommis'- 
 sioned officers and private soldiers" liaVe' been "absent 
 and the reasons of their absence. Suh X^dSpDs- t'n.l 
 time of absence shall be inserted 'in "tL'e muster r^r-s 
 opposite the names of the respective absent officers and 
 soldiers, and the certificates, together with the muster 
 rolls, shall be transmitted by the mustering officer to 
 the Department of War as speedily as the distance; of 
 the place and muster will admit. 
 
 ART. 13. Every officer who signs a false certificate, 
 relating to the absence or pay of an officer or soldier, 
 shall be dismissed from the service. 
 
 ART. 14. Any officer who knowingly makes a false 
 muster of man or horse, or who signs, or directs, or 
 allows the signing of any muster roll, knowing the 
 same to contain a false muster, shall, upon proof thereof 
 by two witnesses, before a court-martial, be dismissed 
 from the service, and shall thereby be disabled to hold 
 any office or employment in the service of the United 
 States. 
 
 ART. 15. Any officer who, willfully or through neg- 
 lect, suffers to be lost, spoiled, or damaged, any military 
 stores belonging to the United States, shall make good 
 the loss or damage, and be dismissed from the service. 
 
 ART. 16. Any enlisted man who sells, or willfully or 
 through neglect wastes the ammunition delivered out 
 to him, shall be punished as a court-martial may direct. 
 
 ART. 17. Any soldier who sells, or through neglect 
 loses or spoils his horse, arms, clothing, or accouter- 
 ments, shall be punished as a court-martial may ad- 
 judge, subject to such limitations as may be prescribed 
 by the President by virtue of the power vested in him. 1 
 ART. 18. Any officer commanding in any garrison, 
 fort, or barracks of the United States who, for his pri- 
 vate advantage, lays any duty or imposition upon or is 
 interested in, the sale of any victuals, liquors, or other 
 
 1 17th A. \V., as amended by act of July 27, 1892; see G. O. 57, A. G. O., 
 1892, 
 
102 ARTICLES OF WAR. 
 
 necessaries of 'life, brought into such garrison, fort, or 
 barracks, -for the use of the soldiers, shall be dismissed 
 from- the ssrvice. ' 
 
 . -ART.- 10. Any bfiJcci 4 who uses contemptuous or disre- 
 spectful words against the President, the Vice-President, 
 the Congress of the United States, or the chief magis- 
 trate or legislature of any of the United States in which 
 li is quartered, shall be dismissed from the service, or 
 otherwise punished, as a court-martial may direct. 
 Any soldier who so offends shall be punished as a court- 
 martial may direct. 
 
 ART. 20. Any officer or soldier who behaves himself 
 with disrespect toward his commanding officer shall be 
 punished as a court-martial may direct. 
 
 ART. 21. Any officer or soldier who, on any pretense 
 whatsoever, strikes his superior officer, or draws or lifts 
 up any weapon, or offers any violence against him, being 
 in the execution of his office, or disobeys any lawful com- 
 mand of his superior officer, 1 shall suffer death, or such 
 other punishment as a court-martial may direct. 
 
 ART. 22. Any officer or soldier who begins, excites, 
 causes, or joins in any mutiny or sedition, in any troop, 
 battery, company, party, post, detachment, or guard, 
 shall suffer death, or such other punishment as a court- 
 martial may direct. 
 
 AIM. -j:;. Any officer or soldier who, being pr< 
 any mutiny or sedition, does not use his utmost endt i\ >r 
 to suppress the same, or having knowledge of any in- 
 tended mutiny or sedition, does not, without delay, u r iv- 
 information thereof to his commanding officer. >hall 
 suffer death, or such other punishment as a court-martial 
 may direct. 
 
 ART. 24. All officers, of what condition soever. ha\ - 
 power to part and quell all quarrels, frays, and disorders, ' 
 whether among persons belonging to his 2 own or to 
 
 i ItNol.rdieti.-.- ..f :ui ordrr .if a contra. -T siinrron. 'f a d.-nt-. 
 veterinarian, and a noneoimnN-ion.-d otli.-.-r should ! rhart;.-d under the f.iM 
 Arti.-li' <.f War; see Form ,/. ].ai:e l:'-7. /"*'. I>isol..-di,.nre of an order by a 
 general i>risoner should a No In- charged under the tilM Article of War. 
 
 - fife in K. rited statute*. 
 
ARTICLES OF WAR. 103 
 
 another corps, regiment, troop, battery, or company, and 
 to order officers into arrest, and noncommissioned offi- 
 cers and soldiers into confinement, who take part in the 
 same, until their proper superior officer is acquainted 
 therewith. And whosoever, being so ordered, refuses to 
 obey such officer or noncommissioned officer, or draws 
 a weapon upon him, shall be punished as a court-martial 
 may direct. 
 
 ART. 25. No officer or soldier shall use any reproachful 
 or provoking speeches or gestures to another. Any offi- 
 cer who so offends shall be put in arrest. Any soldier 
 who so offends shall be confined, and required to ask 
 pardon of the party offended in the presence of his com- 
 manding officer. 
 
 ART. 26. No officer or soldier shall send a challenge to 
 another officer or soldier to fight a duel, or accept a 
 challenge so sent. Any officer who so offends shall be 
 dismissed from the service. Any soldier who so offends 
 shall suffer such punishment as a court-martial may 
 direct. 
 
 ART. 27. Any officer or noncommissioned officer, com- 
 manding a guard, who, knowiDgly and willingly, suffers 
 any person to go forth to fight a duel shall be punished 
 as a challenger; and all seconds or promoters of duels, 
 and carriers of challenges to fight duels, shall be deemed 
 principals, and punished accordingly. It shall be the 
 duty of any officer commanding an army, regiment, 
 troop, battery, company, post, or detachment, who 
 knows or has reason to believe that a challenge has 
 been given or accepted by any officer or enlisted man 
 under his command, immediately to arrest the offender 
 and bring him to trial. 
 
 ART. 28. Any officer or soldier who upbraids another 
 officer or soldier for refusing a challenge shall himself 
 be punished as a challenger; and all officers and soldiers 
 are hereby discharged from any disgrace or opinion of 
 disadvantage which might arise from their having re- 
 fused to accept challenges, as they will only have acted 
 
104 ARTICLES OF WAR. 
 
 in obedience to the law, and have done their duty as 
 good soldiers, who subject themselves to discipline. 
 
 ART. 29. Any officer who thinks himself wronged l>y 
 the commanding officer of his regiment, and, upon due 
 application to such commander, is refused redress, may 
 complain to the general commanding in the State or 
 Territory where such regiment is stationed. The gen- 
 eral shall examine into said complaint and take proper 
 measures for redressing the wrong complained of: and 
 he shall, as soon as possible, transmit to the Depart- 
 ment of War a true statement of such complaint, with 
 the proceedings had thereon. 
 
 ART. 30. Any soldier who thinks himself wronged by 
 any officer may complain to the commanding officer of 
 his regiment, who shall summon a regimental court- 
 martial for the doing of justice to the complainant. 
 Either party may appeal from such regimental court- 
 martial to a general court-martial; but if, upon such 
 second hearing, the appeal appears to be groundl* 
 vexatious, the party appealing shall be pnnishrd at tin- 
 discretion of said general court-martial. 1 
 
 ART. 31. Any officer or soldier who lies out of his 
 quarters, garrison, or camp, without leave from his 
 
 'The " regimental court-martial." under the :'.<>th A. \V.. ran not }< u->:\ 
 AS a substitute fur a c.-n.-nil court-martial or court <>f in.|iiiry, for it ran not 
 try an ollirer imr make an in\ "-M Ration for the purpose of determining 
 whether he shall be brought to trial. When, if the soldier's complaint 
 shouM he -ustained, the only redress would IM> a reprimand to tl 
 the matter would not I.e within the juri-dirtion of this court. It ran . nl\ 
 .! siirh matters as are susceptible to redress by the doimj of jii-tir- 
 to the complainant; that is, when in -MIL- way he ran ! >.-t riitht h\ put- 
 ting a stop to tho wrongful romiition which the officer has 
 Krroneoii> Moppaires of pay. irregularity of detail, the apparent n-ipiirement 
 of more labor than from any other so|,li,-i>. and the like, mi-ht in this way 
 he investigated and the wrongful condition put an end to. The court will 
 in such cu.-es record the evidence and it- conclusions of fact, and recommend 
 the artioii to be taken. The member?) of the court I and the Jo 
 will he sworn faithfully to perform their duties as members i an I ju.k'e- 
 of the court, and tin pi :i ! recorded, as nearly us 
 
 prarticable. in the same manner as the proceedings of ordinary c-uirt.-- 
 martial. 
 
ARTICLES OF WAR. ,105 
 
 superior officer, shall be punished as a court-martial 
 may direct. 
 
 ART. 32. Any soldier who absents himself from his 
 troop, battery, company, or detachment, without leave 
 from his commanding officer, shall be punished as a 
 court-martial may direct. 
 
 ART. 33. Any officer or soldier who fails, except when 
 prevented by sickness or other necessity, to repair, at 
 the fixed time, to the place of parade, exercise or other 
 rendezvous appointed by his commanding officer, or goes 
 from the same, without leave from his commanding of- 
 ficer, before he is dismissed or relieved, shall be punished 
 as a court-martial may direct. 
 
 ART. 34. Any soldier who is found one mile from camp, 
 without leave in writing from his commanding officer, 
 shall be punished as a court-martial may direct. 
 
 ART. 35. Any soldier who fails to retire to his quar- 
 ters or tent at the beating of retreat, shall be punished 
 according to the nature of his offense. 
 
 ART. 36. No soldier belonging to any regiment, troop, 
 battery, or company shall hire another to do his duty for 
 him, or be excused from duty, except in cases of sick- 
 ness, disability, or leave of absence. Every such soldier 
 found guilty of hiring his duty, and the person so hired 
 to do another's duty, shall be punished as a court- 
 martial may direct. 
 
 ART. 37. Every noncommissioned officer who connives 
 at such hiring of duty shall be reduced. Every officer 
 who knows and allows such practices shall be punished 
 as a court-martial may direct. 
 
 ART. 38. Any officer who is found drunk on his guard, 
 party, or other duty, shall be dismissed from the service. 
 Any soldier who so offends shall suffer such punishment 
 as a court-martial may direct. No court-martial shall 
 sentence any soldier to be branded, marked, or tattooed. 
 
 ART. 39. Any sentinel who is found sleeping upon his 
 post, or who leaves it before he is regularly relieved, 
 
ln; ARTICLKS OF \\ At;. 
 
 shall suffer death or such other punishment as a court - 
 inartial may direct. 
 
 ART. 40. Any officer or soldier who quits his guard. 
 platoon, or division, without leave from his superior 
 officer, except in a case of urgent necessity, shall be 
 punished as a court-martial may direct. 
 
 ART. 41. Any officer who, by any means whatsoever, 
 occasions false alarms in camp, garrison, or quar 
 shall siiffer death, or such other punishment as a court- 
 martial may direct. 
 
 ART. 42. Any officer or soldier who misbehaves him- 
 self before the enemy, runs away, or shamefully aban- 
 dons any fort, post. or guard, which he is < -ommanded 
 to defend, or >i>-ak- words inducing others to do the 
 like, or casts away his arm- or ammunition, or quits Ins 
 post or colors to plunder or pillage, shall suffer death. 
 or such other punishment as a court-martial may direct. 
 
 ART. 43. If any commander of any garrison, fortn-s. 
 or post is compelled, by tin- ntnr.-r- and soldiers under 
 his command, to giv- up to the enemy <>r to abandon 
 it, the officers or soldiers so offending shall suffer death. 
 or such other punishment as a court-martial may di 
 
 ART. 44. Any person belonging to tin- armies of tin* 
 United States who makes known the watchword to any 
 person not entitled to receive it, according to the r 
 and discipline of war, or presumes t giv- a parole or 
 watchword different from that which he received, shall 
 suffer death, or such other punishment as a court- 
 martial may direct. 
 
 ART. 45. Whosoever relieves the enemy with money, 
 victuals, or ammunition, or knowingly harbors or pro- 
 tects an enemy, shall suffer death, or such other punish- 
 ment as a court-martial may direct. 
 
 ART. 40. Whosoever holds correspondence with, or 
 gives intelligence to. the enemy, either directly or indi- 
 rectly, shall suffer death, or such other punishment as 
 a court-martial may direct 
 
 ART. 47. Any officer or soldier who, having received 
 pay, or having been duly enlisted in the service of the 
 
ARTICLES OF WAR. 107 
 
 United States, deserts the same, shall, in time of war, 
 suffer death, or such other punishment as a court-martial 
 may direct; and in time of peace, any punishment, ex- 
 cepting death, which a court-martial may direct. 
 
 ART. 48. Every soldier who deserts the service of the 
 United States shall be liable to serve for such period as 
 shall, with the time he may have served previous to his 
 desertion, amount to the full term of his enlistment; 
 and such soldier shall be tried by a court-martial and 
 punished, although the term of his enlistment may have 
 elapsed previous to his being apprehended and tried. 
 
 ART. 49. Any officer who, having tendered his resigna- 
 tion, quits his post or proper duties, without leave and 
 with intent to remain permanently absent therefrom, 
 prior to due notice of the acceptance of. the same, shall 
 be deemed and punished as a deserter. 
 
 ART. 50. No noncommissioned officer or soldier shall 
 enlist himself in any other regiment, troop, or company, 
 without a regular discharge from the regiment, troop, 
 or company in which he last served, on a penalty of 
 being reputed a deserter, and suffering accordingly. 
 And in case any officer shall knowingly receive and 
 entertain such noncommissioned officer or soldier, or 
 shall not, after his being discovered to be a deserter, 
 immediately confine him and give notice thereof to the 
 corps in which he last served, the said officer shall, by a 
 court-martial, be cashiered. 
 
 ART. 51. Any officer or soldier who advises or per- 
 suades any other officer or soldier to desert the service 
 of the United States shall, in time of war, suffer death, 
 or such other punishment as a court-martial may direct; 
 and, in time of peace, any punishment, excepting death, 
 which a court-martial may direct. 
 
 ART. 52. It is earnestly recommended to all officers and 
 soldiers diligently to attend divine service. Any officer 
 who behaves indecently or irreverently at any place of 
 divine worship shall be brought before a general court- 
 martial, there to be publicly and severely reprimanded 
 by the president thereof. Any soldier who so offends 
 
108 ARTICLES OF WAR. 
 
 shall, for his first offense, forfeit one-sixth of a dollar: 
 for each further offense he shall forfeit a like sum, and 
 shall be confined twenty- four hours. The money so for- 
 feited shall be deducted from his next pay, and shall be 
 applied, by the captain or senior officer of his troop, 
 battery, or company, to the nse of the sick soldiers of 
 the same. 
 
 ART. 5.'3. Any officer who uses any profane oath or 
 execration shall, for each offense, forfeit and pay one 
 dollar. Any soldier who so offends shall incur the pen- 
 altirs provided in the preceding article; and all moneys 
 forfeited for such offenses shall be applied as therein 
 provided. 
 
 ART. 54. Every officer commanding in quarters, garri- 
 son, or on the march, shall keep good order, and, to Tin- 
 utmost of his power, redress all abuses or disorders 
 which may be committed by any officer or soldier under 
 his command; and if, upon complaint made to him of 
 officers or soldiers beating or otherwise ill-tr< -ati: 
 person, disturbing fairs or markets, or committii 
 kind of riot, to the disquieting of the citizens of the 
 United States, he refuses or omits to see justice done to 
 the offender, and reparation made to the party injured, 
 so far as part of the offender's pay shall go toward such 
 reparation, he shall be dismissed from the service, or 
 otherwise punished as a court-martial may direct. 
 
 ART. 55. All officers and soldiers are to behave them- 
 selves orderly in quarters and on the march; and who- 
 ever commits any waste or spoil, either in walk^ < >r t n s, 
 parks, warrens, fish ponds, houses, gardens, grain tit-Ids, 
 inclosures, or meadows, or maliciously destroys any prop- 
 erty whatsoever belonging to inhabitants of the United 
 States (unless by order of a general officer commanding 
 a separate army in the field) . shall, besides such penalties 
 as he may be liable to by law, be punished as a court- 
 martial may direct. 
 
 ART. 56. Any officer or soldier who dors violence to 
 any person bringing provisions or other necessaries to 
 
ARTICLES OF WAR. 
 
 the camp, garrison, or quarters of the forces of the 
 United States in foreign parts, shall suffer death, or such 
 other punishment as a court-martial may direct. 
 
 ART. 57. Whosoever, belonging to the armies of the 
 United States in foreign parts, or at any place within 
 the United States or their- Territories during rebellion 
 against the supreme authority of the United States, 
 forces a safe-guard, shall suffer death. 
 
 ART. 58. In time of war, insurrection, or rebellion, 
 larceny, robbery, burglary, arson, mayhem, manslaugh- 
 ter, murder, assault and battery with intent to kill, 
 wounding, by shooting or stabbing, with an intent to 
 commit murder, rape, or an assault and battery with an 
 intent to commit rape, shall be punishable by the sen- 
 tence of a general court-martial, when committed by 
 persons in the military service of the United States, and 
 the punishment in any such case shall not be less than 
 the punishment provided, for the like offense, by the laws 
 of the State, Territory, or District in which such offense 
 may have been committed. 
 
 ART. 59. When any officer or soldier is accused of a 
 capital crime, or of any offense against the person or 
 property of any citizen of any of the United States 
 which is punishable by the laws of the land, the com- 
 manding officer and the officers of the regiment, troop, 
 battery, company, or detachment to which the person 
 so accused belongs are required, except in time of war, 
 upon application duly made by or in behalf of the party 
 injured, to use their utmost endeavors to deliver him 
 over to the civil magistrate, and to aid the officers of 
 justice in apprehending and securing him, in order to 
 bring him to trial. If, upon such application, any officer 
 refuses or willfully neglects, except in time of war, to 
 deliver over such accused person to the civil magistrates, 
 or to aid the officers of justice in apprehending him, he 
 shall be dismissed from the service. 1 
 
 1 Municipal ordinances and by-laws are part of the " laws of the land " 
 within the meaning of the phrase as used in the 59th A. W. (Opin. of 
 Atty. Gen.; see cir. 15, A. G. 0., 1894.) 
 
110 ARTICLES OF WAR. 
 
 ART. 60. Any person in the military service of the 
 United States who makes or causes to be made any claim 
 against the United States, or any officer thereof, know- 
 ing such claim to be false or fraudulent; or 
 
 [2] Who presents or causes to be presented to any per- 
 son in the civil or military service thereof, for approval 
 or payment, any claim against the United States or any 
 officer thereof, knowing such claim to be false or fraudu- 
 lent; or 
 
 [3] Who enters into any agreement or conspiracy to 
 defraud the United States by obtaining, or aiding others 
 to obtain, the allowance or payment of any false or 
 fraudulent claim; or 
 
 [4J Who, for the purpose of obtaining or aiding others 
 to obtain, the approval, allowance, or payment of any 
 claim against the United States, or against any officer 
 thereof, makes or uses, or procures or advises the making 
 or use of, any writing or other paper, knowing the same 
 to contain any false or fraudulent statement; or 
 
 | ~> | Who, for the purpose of obtaining, or aiding ot h< rs 
 to obtain, the approval, allowance, or payment of any 
 claim against the United States or any officer thereof, 
 makes, or procures or advises the making of, any oath 
 to any fact or to any writing or other paper, knowing 
 such oath to be false; or 
 
 I <> | Who, for the purpose of obtaining, or aiding others 
 to obtain, the approval, allowance, or pfeyment of any 
 claim against tin- United States or any officer thereof, 
 forges or counterfeits, or procures or advises the forging 
 or counterfeiting of, any signature upon any writing or 
 other paper, or uses, or procures or advices the use of, 
 any such signature, knowing the same to be forged or 
 counterfeited; or 
 
 [7] Who, having charge , possession , custody , or control 
 of any money or other property of the United States, 
 furnished or intended for the military service thereof, 
 knowingly delivers, or causes to be delivered, to any per- 
 son having authority to receive the same, any amount 
 
ARTICLES OF WAR. Ill 
 
 thereof less than that for which he receives a certificate 
 or receipt; or 
 
 [8] Who, being authorized to make or deliver any 
 paper certifying the receipt of any property of the 
 United States, furnished or intended for the military 
 service thereof, makes or delivers to any person such 
 writing, without having full knowledge of the truth of 
 the statements therein contained, and with intent to 
 defraud the United States; or 
 
 [9] Who, steals, embezzles, knowingly and willfully 
 misappropriates, applies to his own use or benefit, or 
 wrongfully or knowingly sells or disposes of any ord- 
 nance, arms, equipments, ammunition, clothing, sub- 
 sistence stores, money, or other property of the United 
 States, furnished or intended for the military service 
 thereof; or 
 
 [10] Who knowingly purchases, or receives in pledge 
 for any obligation or indebtedness, from any soldier, 
 officer, or other person who is a part of or employed in said 
 forces or service, any ordnance, arms, equipments, am- 
 munition, clothing, subsistence stores, or other property 
 of the United States, such soldier, officer, or other person 
 not having lawful right to sell or pledge the same, 
 
 Shall, on conviction thereof, be punished by fine or 
 imprisonment, or by such other punishment as a court- 
 martial may adjudge, 'or by any or all of said penalties. 1 
 And if any person, being guilty of any of the offenses 
 aforesaid, while in the military service of the United 
 States, receives his discharge, or is dismissed from the 
 service, he shall continue to be liable to be arrested and 
 held for trial and sentence by a court-martial, in the 
 same manner and to the same extent as if he had not 
 received such discharge nor been dismissed. 
 
 ART. 61. Any officer who is convicted of conduct un- 
 becoming an officer and a gentleman shall be dismissed 
 from the service. 
 
 ART. 62. All crimes not capital, and all disorders and 
 
 1 The words in italics \\viv added by act f .March 'J, 1901, page 129, post. 
 
112 ARTICLES OF WAR. 
 
 neglects, which officers and soldiers may be guilty of, 
 to the prejudice of good order and military discipline, 
 though not mentioned in the foregoing Articles of War, 
 are to be taken cognizance of by a general, or a regi- 
 mental, garrison, or field officers' l court-martial, accord- 
 ing to the nature and degree of the offense, and punished 
 at the discretion of such court. 
 
 ART. 63. All retainers to the camp, and all persons 
 serving with the armies of the United States in the field, 
 though not enlisted soldiers, are to be subject to orders 
 according to the rules and discipline of war. 
 
 ART. 64. The officers and soldiers of any troops, 
 whether militia or others, mustered and in pay of the 
 United States, shall, at all times and in all pla. 
 governed by the Articles of War, and shall be subject 
 to be tried by courts-martial. 
 
 ART. (55. Officers charged with crime shall be arrested 
 and confined in their barracks, quarters, or tent>. ami 
 deprived of their swords by the commanding officer. 
 And any officer who leaves his confinement before he is 
 set at liberty by his commanding officer shall be dis- 
 missed from the service. 
 
 ART. 66. Soldiers charged with crimes shall be con- 
 fined until tried by court-martial, or released by proper 
 authority. 
 
 ART. 67. No provost marshal, or officer commanding 
 a guard, shall refuse to receive or keep any prisoner 
 committed to his charge by an officer belonging to the 
 forces of the United States; provided the officer com- 
 mitting shall, at the same time, deliver an account in 
 writing, signed by himself, of the crime charged against 
 the prisoner. 
 
 'Tlir "tii-ld otlicci's " court \va al>olisli.'d l.y MC. - "f tin- siimiii.i 
 act ..f .Inn,- 1>. !>:>. ,,;,<.- [2ft, - 
 
 :'.. That fraudulent enlistment, ami tin- receipt of any pay or allow- 
 ance thereunder, is hen-liv declared a military offense and niaili- punishable 
 hy court-martial, under tin- '>_! Articl.- .if War.'' (Act of July - JT. 
 G. 0. 57, A. G. (>.. 1W2. 1 For definition ..f fraudulent enlistment, see page 
 14, note I, Mil . and tor form- f,.r charges see pages 131 and l:i. 
 
ARTICLES OF WAR. 113 
 
 ART. 68. Every officer to whose charge a prisoner is 
 committed shall, within twenty-four hours after such 
 commitment, or as soon as he is relieved from his guard, 
 report in writing, to the commanding officer, the name 
 of such prisoner, the crime charged against him, and 
 the name of the officer committing him; and if he fails 
 to make such report, he shall be punished as a court- 
 martial may direct. 
 
 ART. 69. Any officer who presumes, without proper 
 authority, to release any prisoner committed to his 
 charge, or suffers any prisoner so committed to escape, 
 shall be punished as a court-martial may direct. 
 
 ART. 70. No officer or soldier put in arrest shall be 
 continued in confinement more than eight days, or until 
 such time as a court-martial can be assembled. 
 
 ART. 71. When an officer is put in arrest for the pur- 
 pose of trial, except at remote military posts or stations, 
 the officer by whose order he is arrested shall see that a 
 copy of the charges on which he is to be tried is served 
 upon him within eight days after his arrest, and that he 
 is brought to trial within ten days thereafter, unless the 
 necessities of the service prevent such trial; and then 
 he shall be brought to trial within thirty days after the 
 expiration of said ten days. If a copy of the charges be 
 not served, or the arrested officer be not brought to trial, 
 as herein required, the arrest shall cease. But officers 
 released from arrest, under the provisions of this article, 
 may be tried, whenever the exigencies of the service 
 shall permit, within twelve months after such release 
 from arrest. 
 
 ART. 72. Any general officer commanding an army, a 
 Territorial division or a department, or colonel com- 
 manding a separate department, may appoint general 
 courts-martial whenever necessary. But when any such 
 commander is the accuser or prosecutor of any officer 
 under his command the court shall be appointed by the 
 President; and its proceedings and sentence shall be 
 sent directly to the Secretary of War, by whom they 
 
 3609 8 
 
114 ARTICLES ol \VAR. 
 
 shall be laid before the President for his approval or 
 orders in the case. 1 
 
 ART. 73. In time pf war the commander of a division, 
 or of a separate brigade of troops, shall be competent to 
 appoint a general court-martial. But when such com- 
 mander is the accuser or prosecutor of any person under 
 his command, the court shall be appointed by the next 
 higher commander. 
 
 ART. 74. Officers who may appoint a court-martial 
 shall be competent to appoint a judge-advocate for the 
 same. 
 
 ART. 75. General courts-martial may consist of any 
 number of officers from five to thirteen, inclusive; but 
 they shall not consist of less than thirteen, when that 
 number can be convened without manifest injury to 
 the service. 
 
 ART. 76. When the requisite number of officers to 
 form a general court-martial is not present in any post 
 or detachment, the commanding officer shall, in cases 
 which require the cognizance of such a court, report to 
 the commanding officer of the department, who shall 
 thereupon order a court to be assembled at the ncan >! 
 post or department at which there may be such a 
 requisite number of officers, and shall order the party 
 accused, with necessary witnesses to be transported to 
 the place where the said court shall be assembled. 
 
 ART. 77. officers of the Regular Army shall not be 
 competent to sit on courts-martial to try the officers or 
 soldiers of other forces, except as provided in Article 78. 
 
 ART. 78. Officers of the Marine Corps, detached for 
 service with the Army by order of the President, may 
 be associated with officers of the Regular Army ,m 
 courts-martial for the trial of offenders belonging to 
 the Regular Army, or to forces of the Marine Corps so 
 detached: and in such cases the orders of the senior 
 officer of either corps, who may be present and duly 
 authorized, shall be obeyed. 
 
 Art ..f July 5, l.vM: M .;. 0. 73, A. G. 0., 1884. 
 
ARTICLES OF WAR. 115 
 
 ART. 79. Officers shall be tried only by general courts- 
 martial; and no officer shall, when it can be avoided, be 
 tried by officers inferior to him in rank. 1 
 
 ART. 81. Every officer commanding a regiment or corps 
 shall, subject to the provisions of Article 80, be com- 
 petent to appoint, for his own regiment or corps, courts- 
 martial, consisting of three officers, to try offenses not 
 capital. 
 
 ART. 82. Every officer commanding a garrison, fort, or 
 other place, where the troops consist of different corps, 
 shall, subject to the provisions of Article 80, be compe- 
 tent to appoint, for such garrison or other place, courts- 
 martial, consisting of three officers, to try offenses not 
 capital. 
 
 ART. 83. Regimental and garrison courts-martial and 
 summary courts, detailed under existing laws to try 
 enlisted men, shall not have power to try capital cases 
 or commissioned officers, but shall have power to award 
 punishment not to exceed confinement at hard labor for 
 three months or forfeiture of three months' pay, or both, 
 and in addition thereto, in the case of noncommissioned 
 officers, reduction to the ranks, and in the case of first- 
 class privates reduction to second-class privates: Pro- 
 vided, That a summary court shall not adjudge confine- 
 ment and forfeiture in excess of a period of one month 
 unless the accused shall before trial consent in writing 
 to trial by said court, but in any case of refusal to so 
 consent the trial may be had either by general, regi- 
 mental, or garrison court-martial, or by said summary 
 court, but in case of trial by said summary court with- 
 out consent as aforesaid the court shall not adjudge 
 confinement or forfeiture of pay for more than one 
 month. - , 
 
 ART. 84. The judge-advocate shall administer to each 
 member of the court, before they proceed upon any trial, 
 the following oath, which shall also be taken by all mem- 
 bers of regimental and garrison courts -martial: "You, 
 
 i Art. HO repealed by act of Jure is, 1808, sec. 2, page 126,_pos. 
 -83d A. \V., as amended by act of March 2, 1901, page 128, post. 
 
116 ARTICLES OF WAR. 
 
 A B, do swear that you will well and truly try and 
 determine, according to evidence, the matter now before 
 you, between the United States of America and the 
 prisoner to be tried, "and that you will duly administer 
 justice, without partiality, favor, or affection, accord- 
 ing to the provisions of the roles and articles for the 
 government of the armies of the United States, and if 
 any doubt should arise, not explained by said articles, 
 then according to your conscience, the best of your 
 understanding, and the custom of war in like cases: and 
 you do further swear that you will not divulge tin- 
 sentence of the court until it shall be published by the 
 proper authority, except to the judge-ad vocate: neither 
 will you disclose or di>co\vr the vote or opinion of any 
 particular member of the court-martial. unle required 
 to give evi.leiice thereof, as a witne-s, by a court of 
 justice, in due course of law. So help you God." 
 
 ART. 85. When the oath has been administered to the 
 members of a court-martial, the president of the court 
 shall administer to the judge-advocate, or person 
 officiatingassuch.au oath in the following form: " foil, 
 A B, do swear that you will not disclose or discover the 
 vote or opinion of any particular meml>er of the court- 
 martial, unless required to give evidence thereo: 
 witness, by a court of justice, in due cour.-e of law: nor 
 divulge the -eutence of the court to any but the proper 
 authority, until it shall be duly disclosed by the same. 
 So help you God." 
 
 ART. 86. A court-martial may punish, at discretion, 
 any person who uses any menacing words, signs, or 
 -gestures, in its presence, or who disturbs its proceedings 
 by any riot or disorder. 
 
 ART. 87. All members of a court-martial are to behave 
 with decency and calmness. 
 
 ART. 88. Members of a court-martial may be chal- 
 lenged by a prisoner, 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 a time. 
 
ARTICLES OF WAR. 117 
 
 ART. 89. When a prisoner, arraigned before a general 
 court-martial, from obstinacy and deliberate design, 
 stands mute or answers foreign to the purpose, the 
 court may proceed to trial and judgment as if the pris- 
 oner had pleaded not guilty. 
 
 ART. 90. The judge-advocate, or some person deputed 
 by him, or by the general or officer commanding the 
 Army, detachment, or garrison, shall prosecute in the 
 name of the United States, but when the prisoner has 
 made his plea, he shall so far consider himself counsel 
 for the prisoner as to object to any leading question to 
 any of the witnesses, and to any question to the prisoner 
 the answer to which might tend to criminate himself. 
 
 ART. 91. The depositions of witnesses residing beyond 
 the limits of the State, Territory, or District in which 
 any military court may be ordered to sit, if taken on 
 reasonable notice to the opposite party and duly authen- 
 ticated, may be read in evidence before such court in 
 cases not capital. 1 
 
 ART. 92. All persons who give evidence before a court- 
 martial shall be examined on oath, or affirmation, in the 
 following form: "You swear (or affirm) that the evi- 
 dence you shall give, in the case now in hearing, shall 
 be the truth, the whole truth, and nothing but the 
 truth. So help you God." 
 
 ART. 93. A court-martial shall, for reasonable cause, 
 grant a continuance to either party, for such time, and 
 as often, as may appear to be just: Provided, That if 
 the prisoner be in close confinement, the trial shall not 
 be delayed for a period longer than sixty days. 2 
 
 ART. 95. Members of a court-martial, in giving their 
 votes, shall begin with the youngest in commission. 
 
 1 " SEC. 4. That judge-advocates of departments and of courts-martial, 
 and tlic trial officers of summary Courts, are hereby authorized to adminis- 
 t.-i- ontlis for the purposes of the administration of military justice, and for 
 other purposes of military administration." (Act of July 27, 1892; see 
 C. (. r,7, A.G.O., 1892.) 
 
 "Art. 94 repealed by act of March 2, 1901, sec. 2, page 128,jpos. 
 
118 ARTICLES OF WAR. 
 
 ART. 96. No person shall be sentenced to suffer death, 
 except by the concurrence of two-thirds of the members 
 of a general court-martial, and in the cases herein 
 expressly mentioned. 
 
 ART. 97. No person in the military service shall, under 
 the sentence of a court-martial, be punished by ronh'ne- 
 nient in a penitentiary, unless the offense of which he 
 may be convicted would, by some statute of the United 
 States, or by some statute of the State, Territory, or 
 District in which such offense may be committed, or 
 by the common law, as the same exists in such State, 
 Territory, or District, subject such convict to such 
 punishment. 
 
 ART. 98. No person in tin* military service shall lx> 
 punished by flogging, or by branding, marking, or tat- 
 tooing on the body. 
 
 ART. 99. No officer shall be discharged or dismissed 
 from the service, except by order of the President, or 
 by sentence of a general court-martial; and in time of 
 peace no officer shall be dismissed, except in pursuance 
 of the sentence of a court-martial, or in mitigation 
 thereof. 
 
 ART. 100. When an officer is dismissed from the serv- 
 ice for cowardice or fraud, the sentence shall further 
 direct that the crime, punishment, name and place of 
 abode of the delinquent shall be published in the news- 
 papers in and about the camp, and in the State from 
 which the offender came, or where he usually resides; 
 and after such publication it shall be scandalous for an 
 officer to associate with him. 
 
 ART. 101. When a court-martial suspends an officer 
 from command it may also suspend his pay and emolu- 
 ments for the same time, according to the nature of his 
 offense. 
 
 ART. 102. No person shall lie tried a second time for 
 the same offense. 
 
 ART. 103. No person shall be liable to be tried and 
 punished by a general court-martial for any offense 
 
ARTICLES OF WAR. 119 
 
 which appears to have been committed more than two 
 years before the issuing of the order for such trial, 
 unless, by reason of having absented himself, or of some 
 other manifest impediment, he shall not have been 
 amenable to justice within that period. 
 
 No person shall be tried or punished by a court- 
 martial for desertion in time of peace and not in the 
 face of an enemy, committed more than two years 
 before the arraignment of such person for such offense, 
 unless he shall meanwhile have absented himself from 
 the United States, in which case the time of his absence 
 shall be excluded in computing the period of the limi- 
 tation: Provided, That said limitation shall not begin 
 until the end of the term for which said person was 
 mustered into the service. 1 
 
 ART. 104. No sentence of a court-martial shall be 
 carried into execution until the same shall have been 
 approved by the officer ordering the court, or by the 
 officer commanding for the time being. 2 
 
 ART. 105. No sentence of a court-martial, inflicting 
 the punishment of death, shall be carried into execution 
 until it shall have been confirmed by the President; 
 except in the cases of persons convicted in time of war, 
 as spies, mutineers, deserters, or murderers, and i,n the 
 cases of guerrilla marauders, convicted in time of war, 
 of robbery, burglary, arson, rape, assault with intent 
 to commit rape, or of violation of the laws and customs 
 of war; and in such excepted cases the sentence of death 
 may be carried into execution upon confirmation by 
 the commanding general in the field, or the commander 
 of the department, as the case may be. 
 
 ART. 10(>. In time of peace no sentence of a court- 
 martial, directing the dismissal of an officer, shall be 
 carried into execution, until it shall have been con- 
 firmed by the President. 
 
 1 lo:M A. W., as amended l>y act of April 11, 1890; see G. 0. 45, A. G. O., 
 1890. 
 
 2 104th A. W., as amended by act of July 27, 1892; see G. 0. 57, A. G. 0., 
 1892. 
 
120 ARTICLES OF WAR. 
 
 ART. 107. No sentence of a court-martial appointed 
 by the commander of a division or of a separate brigade 
 of troops, directing the dismissal of an officer, shall be 
 carried into execution until it shall have been confirmed 
 by the general, commanding the army in the field to 
 which the division or brigade belongs. 
 
 ART. 108. No sentence of a court-martial, either in 
 time of peace or in time of war, respecting a general 
 officer, shall be carried into execution until it shall have 
 been confirmed by the President. 
 
 ART. 100. All sentences of a court-martial may be 
 confirmed and carried into execution by the officer 
 ordering the court, or by the officer commanding for 
 the time being, where confirmation by the President <>r 
 by the commanding general in the field, or commander 
 of the department, is not required by these articles. 1 
 
 ART. 111. Any officer who has authority to carry into 
 execution the sentence of death, or of dismissal of an 
 officer, may suspend the same until the pleasure of the 
 President shall be known; and, in such case, he shall 
 immediately transmit to the President a copy of the 
 order of suspension, together with a copy of tin- pro- 
 ceedings of the court. 
 
 ART. 112. Every officer who is authorized to order a 
 general court-martial shall have power to pardon or 
 mitigate any punishment adjudged by it, except the 
 punishment of death or of dismissal of an officer. Every 
 officer commanding a regiment or garrison in which a 
 regimental or garrison court-martial may be held shall 
 have power to pardon or mitigate any punishment which 
 such court may adjudge.- 
 
 ART. 113. Every judge-advocate, or person acting as 
 such, at any general court martial, shall, with as much 
 expedition as the opportunity of time and distance of 
 place may admit, forward the original proceedings and 
 sentence of such court to the Judge- Advocate General 
 
 i. \rti.-l,- 1K> n-j..';il.-.l l.y act uf .liuu- is, 1898, sec. 2, page 126, post. 
 2 See par. 950, A. B. 
 
ARTICLES OF WAR. 121 
 
 of the Army, in whose office they shall be carefully 
 preserved. 
 
 ART. 114. Every party tried by a general court-martial 
 shall, upon demand thereof made by himself or by any 
 person in his behalf, be entitled to a copy of the proceed- 
 ings and sentence of such court. 
 
 ART. 115. A court of inquiry to examine into the 
 nature of any transaction of, or accusation or imputa- 
 tion against, any officer or soldier, may be ordered by 
 the President or by any commanding officer; but, as 
 courts of inquiry may be perverted to dishonorable pur- 
 poses, and may be employed, in the hands of weak and 
 envious commandants, as engines for the destruction of 
 military merit, they shall never be ordered by any com- 
 manding officer except upon a demand by the officer 01* 
 soldier whose conduct is to be inquired of. 
 
 ART. 116. A court of inquiry shall consist of one or 
 more officers, not exceeding three, and a recorder, to 
 reduce the proceedings and evidence to writing. 
 
 ART. 117. The recorder of a court of inquiry shall 
 administer to the members the following oath: "You 
 shall well and truly examine and inquire, according to 
 the evidence, into the matter now before you, without 
 partiality, favor, affection, prejudice, or hope of reward. 
 So help you God." After which the president of the 
 court shall administer to the recorder the following 
 oath: " You, A B, do swear that you will, according to 
 your best abilities, accurately and impartially record 
 the proceedings of the court and the evidence to be 
 given in the case in hearing. So help you God." 
 
 ART. 118. A court of inquiry, and the recorder thereof, 
 shall have the same power to summon and examine 
 witnesses as is given to courts-martial and the judge- 
 advocates thereof. Such witnesses shall take the same 
 oath which is taken by witnesses before courts-martial, 
 and the party accused shall be permitted to examine and 
 cross-examine them, so as fully to investigate the cir- 
 cumstances in question. 
 
122 ARTICLES OF WAR. 
 
 ART. 119. A court of inquiry shall not give an opinion 
 on the merits of the case inquired of unless specially 
 ordered to do so. 
 
 ART. 120. The proceedings of a court of inquiry 
 must be authenticated by the signatures of the recorder 
 and the president thereof, and delivered to the com- 
 manding officer. 
 
 ART. 121. The proceedings of a court of inquiry may 
 be admitted as evidence by a court-martial, in cases 
 not capital nor extending to the dismissal of an officer: 
 Provided, That the circumstances are such that oral 
 testimony can not be obtained. 
 
 ART. 122. If, upon marches, guards, or in quarters. 
 different corps of the Army happen to join or do duty 
 together, the officer highest in rank of the line of the 
 Army, Marine Corps, or militia, by commission, there 
 on duty or in quarters, shall command the whol 
 give orders for what is needful in the service, unless 
 otherwise specially directed by the President, according 
 to the nature of the case. 
 
 ART. 123. In all matters pertaining to the rank, duties, 
 and rights of officers, the same rules and regulations shall 
 apply to officers of the Regular Army and to volunteers 
 commissioned in or mustered into said service, undrr 
 the laws of the United States, for a limited period. 
 
 ART. 124. Officers of the militia of the several States, 
 when called into the service of the United States, shall 
 on all detachments, courts-martial, and other duty, 
 wherein they may be employed in conjunction with the 
 regular or volunteer forces of the United States, take 
 rank next after all officers of the like grade in said reg- 
 ular or volunteer forces, notwithstanding the commis- 
 sions of such militia officers may be older than the 
 commissions of the said officers of the regular or vol- 
 unteer forces of the United States. 
 
 ART. 125. In case of the death of any officer, the ma- 
 jor of his regiment, or the officer doing the major's duty, 
 or the second officer in command at any post or garrison , 
 as the case may be, shall immediately secure all his 
 
OTHER STATUTORY PROVISIONS. 123 
 
 effects then in camp or quarters, and shall make, and 
 transmit to the office of the Department of War, an 
 inventory thereof. 
 
 ART. 126. In case of the death of any soldier, the com- 
 manding officer of his troop, battery, or company shall 
 immediately secure all his effects then in camp or quar- 
 ters, and shall, in the presence of two other officers, 
 make an inventory thereof, which he shall transmit to 
 the office of the Department of War. 
 
 ART. 127. Officers charged with the care of the effects 
 of deceased officers or soldiers shall account for and de- 
 liver the same, or the proceeds thereof, to the legal rep- 
 resentatives of such deceased officers or soldiers. And 
 no officer so charged shall be permitted to quit the regi- 
 ment or post until he has deposited in the hands of the 
 commanding officer all the effects of such deceased offi- 
 cers or soldiers not so accounted for and delivered. 
 
 ART. 128. The foregoing articles shall be read and 
 published, once in every six months, to every garrison, 
 regiment, troop, or company in the service of the United 
 States, and shall be duly observed and obeyed by all 
 officers and soldiers in said service. 
 
 OTHER STATUTORY PROVISIONS DEFINING 
 COURT-MARTIAL OFFENSES. 
 
 SEC. 1343, B. S. "All persons who, in time of war, or 
 of rebellion against the supreme authority of the United 
 States, shall be found lurking or acting as spies, in or 
 about any of the fortifications, posts, quarters, or en- 
 campments of any of the armies of the United States, or 
 elsewhere, shall be triable by a general court-martial, 
 or by a military commission, and shall, on conviction 
 thereof, suffer death." 
 
 SEC. 5306, R. S. " Every officer of the United States, 
 civil, military, or naval, and every sutler, soldier, marine, 
 or other person, who takes, or causes to be taken into 
 a State declared to be in insurrection, or to any other 
 point to be thence taken into such State, or who trans- 
 ports or sells, or otherwise disposes of therein, any goods, 
 
I'M OTHER STATUTORY PROVISIONS. 
 
 wares, or merchandise whatsoever, except in pursuance 
 of license and authority of the President, as provided in 
 this title [see sec. 5304], or who makes any false state- 
 ment or representation upon which license and authority 
 is granted for such transportation, sale, or other disposi- 
 tion, or who, under any license or authority obtained, 
 willfully and knowingly transports, sells, or otherwise 
 disposes of any other goods, wares, or merchandise than 
 such as are in good faith so licensed and authorized, or 
 who willfully and knowingly transports, sells, or dis- 
 poses of the same, or any portion thereof, in violation of 
 tin- terms of such license or authority, or of any rule or 
 regulation prescribed by the Secretary of the Treasury 
 concerning the same, or who is guilty of any act of em- 
 bezzlement, of willful misappropriation of public or pri- 
 vate money or property, of keeping false accounts, or of 
 willfully making any false returns, shall be deemed 
 guilty of a misdemeanor, and >hall le fined not more 
 than five thousand dollars, and imprisoned in tin- peiii 
 tentiary not more than three years. Violations of this 
 section shall be cognizable before any court, civil or 
 military, competent to try the same." 
 
 SEC. 5313, R. S. "All persons in the military or naval 
 service of the United States are prohibited tnun buying 
 or selling, trading, or in any way dealing in captured 
 or abandoned property, whereby they shall receive <>v 
 expect any profit, benefit, or advantage t< t hemsel 
 any other person, directly or indirectly connected with 
 them, and it shall be the duty of such person whenever 
 such property conies into his possession or ci^tody. <>r 
 within his control, to give notice thereof to some agent, 
 appointed by virtue of this title [see sec-. ."3o5|, and to 
 turn the same over to such agent without delay. Any 
 officer of the United States, civil, military, or naval, or 
 any sutler, soldier, or marine, or other person who shall 
 violate any provision of this section shall be deemed 
 guilty of a misdemeanor, and shall be fined not more 
 than five thousand dollars, and imprisoned in the pen- 
 itentiary not more than three years. Violations of this 
 
SUMMARY COURT ACT. 125 
 
 section shall be cognizable before any court, civil or 
 military, competent to try the same." 
 
 ACT ESTABLISHING THE SUMMARY COURT. 
 
 Be it enacted, etc., That the Act entitled " An act to 
 promote the administration of justice in the Army," 
 approved October first, eighteen hundred and ninety, as 
 supplemented and amended by subsequent legislation, 
 be, and the same is hereby, amended so as to read as 
 follows: 
 
 " That the commanding officer of each garrison, fort, 
 or other place, regiment or corps, detached battalion, or 
 company, or other detachment in the Army, shall have 
 power to appoint for such place or command, or in his 
 discretion for each battalion thereof, a summary court 
 to consist of one officer to be designated by him, before 
 whom enlisted men l who are to be tried for offenses, 
 such as were prior to the passage of the Act 'to promote 
 the administration of justice in the Army,' approved 
 October first, eighteen hundred and ninety, cognizable 
 by garrison or regimental courts-martial, and offenses 
 cognizable by field officers detailed to try offenders under 
 tfee provisions of the eightieth and one hundred and 
 tenth articles of war, shall be brought to trial within 
 twenty-four hours of the time of the arrest, or as soon 
 thereafter as practicable, except when the accused is to 
 be tried by general court-martial; but such summary 
 court may be appointed and the officer designated by 
 superior authority when by him deemed desirable; and 
 the officer holding the summary court shall have power 
 to administer oaths and to hear and determine such 
 cases, and when satisfied of the guilt of the .accused ad- 
 judge the punishment to be inflicted, which said pun- 
 ishment shall not exceed confinement at hard labor for 
 one month and forfeiture of one month's pay, and, in 
 the case of a noncommissioned officer, reduction to the 
 
 liVtaim-rs tu the r:imp ami other classes of persons mentioned in the 63d 
 A. \V. arc nut triable by summary court. 
 
126 SUMMARY COURT ACT. 
 
 ranks in addition thereto: that there shall be a summary 
 court record kept at each military post and in the field 
 at the headquarters of the proper command, in which 
 shall be entered a record of all cases heard and det -r- 
 mined and the action had thereon: and no sentence ad- 
 judged by said summary court shall be executed until 
 it shall have been approved by the officer appointing tin- 
 court, or by the officer commanding for the time being: 
 Provided, That when but one commissioned officer is 
 present with a command he shall hear and finally deter- 
 mine such cases: And provided further, That no one 
 while holding the privileges of a certificate of eligibility 
 to promotion shall be brought before a summary court, 
 and that noncommissioned officers shall not. if they ob- 
 ject thereto, be brought to trial before summary courts 
 without the authority of the officer competent to order 
 their trial by general court-martial, but shall in such 
 cases be brought to trial before garrison, regimental, or 
 general courts-martial, as the case may be." 
 
 SEC. 2. That articles eighty and one hundred and t. n 
 of the Rules and Articles for the Government of the 
 Armies of the United States be, and the same are hen 1 >y . 
 repealed. 9 
 
 SEC. 3. That the commanding officers authorized to 
 approve the sentences of summary courts and superior 
 authority shall have power to remit or mitigate the same. 
 
 SEC. 4. That post and other commanders shall, in time 
 of peace, on the last day of each month, make a report 
 to the department headquarters of the number of cases 
 determined by summary court during the month . - 
 forth the offenses committed and the penalties awarded, 
 which report shall be filed in the office of the judge- 
 advocate of the department, and may be destroyed when 
 no longer of use. 
 
 SEC. r>. That soldiers sentenced by court-martial to 
 dishonorable discharge and confinement shall, until dis- 
 charged from such confinement, remain subject to the 
 Articles of War and other laws relating to the adminis- 
 tration of military justice. 
 
ACT OF MARCH 2, 1901. 127 
 
 SEC. 6. That it shall be lawful for any civil officer 
 having authority under the laws of the United States, or 
 of any State, Territory, or District, to arrest offenders, 
 to summarily arrest a deserter from the military service 
 of the United States and deliver him into the custody of 
 the military authority of the General Government. 
 
 SEC. 7. That this Act shall take effect sixty days 
 after its passage. 
 
 Approved June 18, 1898. 
 
 ACT TO PREVENT THE FAILURE OF MILITARY 
 JUSTICE. 
 
 Be it enacted, etc., That every person not belonging 
 to the Army of the United States who, being duly sub- 
 poenaed to appear as a witness before a general court- 
 martial of the Army, willfully neglects or refuses to 
 appear, or refuses to qualify as a witness or to testify or 
 produce documentary evidence which such person may 
 have been legally subpoenaed to produce, shall be deemed 
 guilty of a misdemeanor, for which such person shall be 
 punished on information in the district court of the 
 United States; and it shall be the duty of the United 
 States district attorney, on the certification of the facts 
 to him by the general court-martial, to file an informa- 
 tiofr against and prosecute the person so offending, and 
 the punishment of such person, on conviction, shall be a 
 fine of not more than five hundred dollars or imprison- 
 ment not to exceed six months . or both , at the discretion of 
 the court: Provided, That this shall not apply to persons 
 residing beyond the State, Territory, or District in which 
 such general court-martial is held, and that the fees of 
 such witness, and his mileage at the rates provided for 
 witnesses in the United States district court for said 
 State, Territory , or District shall be duly paid or tendered 
 said witness, such amounts to be paid by the Pay Depart- 
 ment of the Army out of the appropriation for compen- 
 sation of witnesses: Provided, That no witness shall be 
 compelled to incriminate himself or to answer any ques- 
 tions which may tend to incriminate or degrade him. 
 
128 ACT OF MARCH 2, 1901. 
 
 SEC. 2. That article ninety-four, section thirteen hun- 
 dred and forty-two, of the Revised Statutes of the United 
 States be, and the same is hereby, repealed. 
 
 SEC. 3. That section one hundred and eighty-three of 
 the Revised Statutes of the United States be, and the 
 same is hereby, amended so as to read as follows: 
 
 "SEC. 183. Any officer or clerk of any of the depart- 
 ments lawfully detailed to investigate frauds on, or at- 
 tempts to defraud, the Government, or any irregularity 
 or misconduct of any officer or agent of the United States, 
 and any officer of the Army detailed to conduct an in- 
 vestigation, and the recorder, and, if there be non<\ the 
 In siiling officer of any military board appointr.l tor 
 such purpose, shall liavt- authority to administer an oath 
 t > any witness attending to testify or depose in the course 
 of such investigation." 
 
 SEC. 4. That article eighty-three, section thirteen 
 hundred and forty-two, of the Revised Statutes of the 
 United States be, and the same is hereby, amend* ] to 
 read as follows: 
 
 "ARTICLE 83. Regimental and garrison courts-martial 
 ami summary courts detailed under existing laws to try 
 enlisted men shall not have power to try capital cases 
 or commissioned officers, but shall have power to award 
 punishment not to exceed confinement at hard labor for 
 three months or forfeiture of three months' pay, or both, 
 and in addition thereto, in the case of noncommissioned 
 officers reduction to the ranks and in the case of first- 
 class privates reduction to second-class privates: Pro- 
 vided, That a summary court shall not adjudge confine- 
 ment and forfeiture in excess of a period of one month, 
 unless the accused shall before trial consent in writing 
 to trial by said court, but in any case of refusal to so 
 consent, the trial may be had either by general, regi- 
 mental, or garrison court-martial, or by said summary 
 court, but in case of trial by said summary court with- 
 out consent as aforesaid, the court shall not adjudge con- 
 finement or forfeiture of pay for more than one month/' 
 
ACT OF MARCH 2, 1901. 129 
 
 SEC. 5. That article sixty, section thirteen hundred 
 and forty-two, of the Revised Statutes of the United 
 States be, and the same is hereby, amended by inserting 
 after the words "shall, on conviction thereof, be pun- 
 ished by fine or imprisonment, or by such other punish- 
 ment as a court-martial may adjudge," the words "or 
 by any or all of said penalties." 
 
 Approved, March 2. 1901. 
 
 31309 9 
 
GENERAL FORMS. 
 
 FORMS FOR ( IIAKM.ES. 
 
 Charge and specification preferred against Private 
 A B , Co. , U. S. Infantry. 
 
 ARTICLE IT. 
 
 (a) Charge: "Selling clothing. 1 in violation of tho 
 17th Article of War." 
 
 Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, did sell the following articles of lii> 
 uniform clothing, issued to him. viz: < >ne (1) forage cap, 
 
 value $ ; one (1) overcoat, made, value $ : :ml 
 
 one (1) blanket, woolen, value $ ; total value of ar- 
 ticles sold $ . 
 
 "This at , on the of , 19.'' 
 
 C D , 
 
 Captain, Infantry, 
 
 Officer Preferring Charge. 
 Witnesses: 
 
 1st Sergeant E F , Co. , Infantry. 
 
 Private G H , Troop , Cavalry. 
 
 Mr. I K . citizen. 
 
 or, 
 
 (6) "Losing accoutennents, in violation of the 17th 
 Article of War." 3 
 
 18, Bee. in...,./.. 
 
 -The lo <T Mill- f ammunition .-lioiild !> rliariri-d nndi-r tli>- ''''_''! A. \\ 
 3 If a soldier is known to have unlawfully di>j>M-.l <.f hi> rlotliinjr or ac- 
 
 coutermt'iits in ;i way not in. ntion-d in tin- ITtli Articl.-. t IK- charge should 
 
 be laid under the 62d Article. 
 
 (130) 
 
FORMS FOR CHARGES. 131 
 
 Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, did, through neglect, lose the fol- 
 
 lowing articles of his accouterments, issued to him, viz: 
 
 One (1) , value $ ; and one (1) , value $ ; 
 
 total value of articles lost, $ . 
 
 " This at on the of , 19." 
 
 ARTICLE 20. 
 
 Charge: "Behaving with disrespect toward his com- 
 manding officer, in violation of the 20th Article of War. " 
 Specification : "In that Private A B , Co. , 
 
 - U. S. Infantry, did behave himself with disrespect 
 toward his commanding officer, Captain C D , 
 
 - U. S. Infantry, by (here insert language or describe 
 the conduct) . 
 
 " This at on the of , 19." 
 
 ARTICLE 21. 
 
 (a) Charge: "Disobedience of orders, 1 in violation 
 of the 21st Article of War." 
 
 Specification : "In that Private A B , Co. , 
 
 U. S Infantry, having received a lawful command 
 
 from his superior officer, 2d Lieut. C D , 
 
 U. S, Infantry, to (insert order) , did willfully disobey 
 the same. 
 
 " This at , on the of , 19." 
 
 or, 
 
 (b) "Striking his superior officer, in violation of the 
 21st Article of War." 
 
 Specification : '* In that Private A B , Co. , 
 
 - U. S. Infantry, did strike his superior officer, 2d 
 Lieut. C D , - - U. S. Infantry, with (here 
 
 1 A noncompliance by a soldier with an order emanating from a contract 
 surgeon, a dental surgeon, a veterinarian, or noncommissioned officer 
 is not an offense under this article, but one to be charged, in general, 
 under the 62d. A simple neglect to comply with a standing order is an 
 offense under the 62d Article, and not under the 21st, which implies a will- 
 ful defiance of authority. 
 
132 FORMS FOR CHARGES. 
 
 describe the assault) the said lieutenant being in the 
 execution of his office. 
 " This at , on the of , 19." 
 
 ARTICLE 24. 
 
 Charge : "Disobedience of orders, in violation of the 
 24th Article of War." 
 
 Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, being present and taking part in a 
 
 (quarrel, fray or disorder) among enlisted men of , 
 
 and having been duly ordered by (insert name and rank 
 of officer or noncommissioned officer) into confinement 
 (or arrest) did refuse to obey and did disobey said order. 
 
 "This at , on the of , 19." 
 
 ARTICLE 32. 
 
 Charge : "Absence without leave, in violation of the 
 32d Article of War." 
 
 Specification : " In that Private A B , Co. , 
 
 - U. S. Infantry, did absent himself from his com- 
 pany, without leave from his commanding officer, from 
 
 , on the of , It), until , on the - 
 
 of , 19. 
 
 "This at ." 
 
 ARTICLE 33. 
 
 (a) Charge: "Absence from parade, in violation of 
 the 33d Article of War." 
 
 Specification : " In that Private A B , Co. , 
 
 U. S. Infantry, not being prevented by sickness or 
 
 other necessity, did fail to repair, at the fixed time, to 
 the place of parade appointed by his commanding officer. 
 
 "This at , on the of , 19." 
 
 or. 
 
 (b) " Absence from 11 p. m. inspection, in violation of 
 the 33d Article of War." 
 
 Specijic(tti<i : " In that private A B , Co. , 
 
 U. S. Infantry, not being prevented by sickness or 
 
FORMS FOR CHARGES. 133 
 
 other necessity, did fail to repair, at the fixed time, to 
 the place appointed by his commanding officer for 11 
 o'clock p. m. inspection of his company. 
 " This at , on the of , 19." 
 
 ARTICLE 38. 
 
 (a) Charge: "Drunkenness on duty, in violation of 
 the 38th Article of War." 
 Specification : "In that Private A B , Co. , 
 
 U.S. Infantry, while on duty on stable guard, was 
 found drunk. 
 
 " This at , on the of , 19." 
 
 or, 
 
 (?>) "In that Private A B , Co. , U. S. 
 
 Infantry, while on duty at drill, was found drunk. 
 " This at , on the of , 19." 
 
 ARTICLE 39. 
 
 (a) Charge: "Sleeping on post, in violation of the 
 39th Article of War." 
 Specification : "In that Private A B , Co. , 
 
 - U. S. Infantry, being on guard and posted as a sen- 
 tinel, was found sleeping on his post. 
 
 "This at , on the of , 19." 
 
 or, 
 
 (6) " Leaving post, in violation of the 39th Article of 
 War." 
 Specification : "In that Private A B , Co. , 
 
 - U. S. Infantry, being on guard and posted as a sen- 
 tinel, did leave his post before he was regularly relieved. 
 
 " This at , on the of , 19." 
 
 ARTICLE 40. 
 
 Charge: "Quitting guard, in violation of the 40th 
 Article of War." 
 " Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, being on guard, did, without urgent 
 necessity, quit his guard without leave from his superior 
 officer. 
 
 " This at , on the of , 19." 
 
134 
 
 - 
 FORMS FOR CHARGES. 
 
 ARTICLE 47. 
 
 (a) Charge: "Desertion, in violation of the 47th Arti- 
 cle of War." 
 
 Specification : " In that Private A -- B - , Co. -- , 
 - , U. S. Infantry, a soldier in the service of the United 
 States, 1 did desertfthe same at -- , on or about the 
 of -- , 19 , and did remain absent in desertion until 
 he was apprehended (or until he surrendered himself) > 
 at -- , on or about the -- of - , 19 ." 
 
 (If a soldier deserts and enlists in another company, lie 
 should be charged trith desertion under the 47tl< A> 7/VA \ 
 mid dlno U'illi "fraudulent enlistment. to tin prejudice 
 of good order dud in/litar// discipline." under II. 
 
 \\ v 
 
 -,,//,>,..) 
 
 
 
 ' 
 
 > _-r 
 
 (6) "In that T ^-ot \ ^. 
 
 ' U. S. 
 
 *J 
 
 \Vltlh'! I-HC. 
 
 /* 
 
 try. 
 
 'j-Uc~*uU 
 
 ^\ , 
 
 . . v ..u.ry, at 
 
 
 (111 till III - - 1 S ~:.T\ 
 
 r . ,i.< n>.Tro f\f ? ' 
 
 ARTICLE 51. 
 
 Charge : * 'Advising (or persuading) a soldier to < 1 
 in violation of the 51st Article of War/' 
 
 Specification: " In that ^Private A B - , U. 
 
 S. Infantry, did advise (or persuade) Private A 
 
 B , U. S. Infantry, to desert the service of the 
 
 United States (if desertion <><<, n-nd. state flic f<i<-f). 
 
 11 This at , on the of - . li ." 
 
 1 Ttiis form is applicable cither in <-:IM- a ,-<>lli<T ha " n-c-. ivo-i 
 has iH'i-ii duly riili.-trd." In fitlirr ras.' tin- ' -tat-iin-iit of MTVJCC " will 
 onalili- tin- i-uiirt ti> ili-tiTiiiiin- a- t" tin- Matutf uf limitatimi ami piopcr pnn- 
 islnnriit. (Sec jiai;c :, par. !. ami j-asri- "!, nnle.) 
 
 SeeMth A. \v. 
 
FORMS FOR CHARGES. 135 
 
 ARTICLE 58. 
 
 Charge: " Murder, in violation of the 58th Article of 
 War." 
 Specification : " In that Private A B , Co. , 
 
 U. S. Infantry, did in time of (war, insurrection, or 
 rebellion) willfully, unlawfully, feloniously and with 
 malice aforethought murder and kill by (here 
 set forth the manner of killing) . 
 
 " This at , on or about the of , 19." 
 
 ARTICLE 60. 
 
 (a) Charge: " Causing to be presented to the United 
 States authorities for payment a false and fraudulent 
 claim against the United States, knowing such claim to 
 be false and fraudulent, in violation of the 60th Article 
 of War." 
 
 Specification: "In that 1st Lieut. A B , 
 
 U. S. Infantry, having duly assigned to and 
 
 caused to be presented for payment to , Deputy 
 Paymaster General, U. S. Army, by , his official 
 pay account and claim against the United States for pay 
 
 in full for the month of , 19 , amounting to the sum 
 
 of ($ ) , and the same having been duly satisfied 
 
 and paid on such presentation, on or about , 19 , 
 
 did subsequently cause to. be presented for payment by 
 his assignee , , to the said , Deputy Pay- 
 master General, another, and a false and fraudulent, 
 official pay account and claim against the United States 
 for pay for the same month and in the same amount, he, 
 the said Lieut. A B , well knowing that this sub- 
 sequent account and claim was false and fraudulent. 
 
 " This at , on or about the -of , 19 ." 
 
 (b) Charge : Larceny, in violation of the 60th Article 
 of War." 
 
 Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, did feloniously take, steal, and carry 
 away , of the value of $ , the property of the 
 
136 FORMS FOR CHARGES. 
 
 United States, furnished and intended for the military 
 service thereof. 
 " This at , on the of, 19." 
 
 ARTICLE 61. 
 
 Charge: " Conduct unbecoming an officer and a gen- 
 tleman, in violation of the 61st Article of "V^ar." 
 
 Specification 1: "In that 1st Lieut. A B , 
 
 U. S. Infantry, having, for value received, assigned to 
 
 , his official pay account and claim for pay in 
 
 full against the United States for the month of , 
 
 19 , which said account was made and executed by 
 him in due manner and form, did, nevertheless, for a 
 
 valuable consideration, assign to , another and 
 
 a second pay account and claim of the same nature 
 and form, and for the same amount and period, he. the 
 
 said Lieut. A B , well knowing at the time he 
 
 made such assignment that the second account and claim 
 was false and fraudulent. 
 
 " This at , on or about the of , 19 ." 
 
 Specification S: "In that 1st Lieut. A B , 
 
 U. S. Infantry, having made and executed in due form 
 his certain pay account as an officer in the army for the 
 
 month of , 19 , and having duly assigned the said 
 
 account to , thereby parting with all individual 
 
 title and interest therein, and without having redeemed 
 the same, and while it remained in full force and effect, 
 did falsely certify with his official signature to the cor- 
 rectness of another official pay account for pay for the 
 said month of , 19, duly made, executed, and as- 
 signed to , which said certificate was in words 
 as follows: 4 1 certify that the amount charged in the 
 foregoing account is correct and just.' 
 
 " This at , on or about the of , 19 .'' 
 
 ARTICLE 62. 
 
 (a) Charge: "Neglect of duty, to the prejudice of 
 good order and military discipline." 
 
FORMS FOR CHARGES. 137 
 
 Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, being on duty as , and it being 
 
 his duty as such to , did fail and neglect to perform 
 
 said duty. 
 
 " This at , on the of , 19." 
 
 (b) Charge: "Drunkenness and disorderly conduct, 
 
 to the prejudice of good order and military discipline." 
 Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, was drunk and disorderly in . 
 
 " This at , on the' of , 19." 
 
 (<j) Charge: "Suffering a prisoner to escape, to the 
 prejudice of good order and military discipline." 
 Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, while on duty as a sentinel, did, 
 through neglect, suffer Private C D , Co. , 
 
 U.S. Infantry, a prisoner under his charge, to escape. 
 "This at , on the of , 19." 
 
 or, 
 Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, while on diity as a sentinel, did will- 
 fully suffer Private C D -, Co. , - - U. S. 
 
 Infantry, a prisoner under his charge, to escape. 
 
 " This at , on the of , 19." 
 
 (d) Charge: " Conduct to the prejudice of good order 
 and military discipline." 
 Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, having received a lawful order 
 from 1st Sergt. C D . Co. , U. S. Infan- 
 try, the said sergeant being in the execution of his duty, 
 to (insert order), did willfully disobey the same. 
 
 " This at , on the of , 19." 
 
 (If any person not a soldier j fraudulently enlist in the 
 
 United States service, the charge and specification should 
 
 read:' 2 ) 
 
 iFor case of fraudulent enlistment by a soldier, see page 134, form (b), 
 ante; and for definition of "fraudulent enlistment," see page 14, note 4, 
 ante. 
 
 * See sec. 3 of the Act of July '27, 1892; page 112, note 2, ante. 
 
tw-f 
 
 FORMS FOR CHARGES. 
 
 (c) Charge: " Fraudulent enlistment, in violation of 
 the 62d Article of War. ' '** 
 SpecificaftOHj'' In that Private A B , Co. . 
 
 U. S. Infantry, did, at , on the of , 19, 
 
 fraudulently enlist as a soldier in the service of the 
 United States, by falsely representing that he had never 
 been discharged from the United States service by sen- 
 tence of a military court and by deliberately and will- 
 fully concealing from the recruiting officer, , the 
 
 fact of his dishonorable discharge from , on , 
 
 pursuant to sentence of court-martial; and that he has 
 at , since said enlistment, received pay and allow- 
 ances thereunder." 
 
 or, 
 
 (/) ^Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, did, at , on the of -, !.. 
 
 being then a minor, fraudulently enlist as a soldier in 
 the service of the United States by falsely representing 
 
 himself to be over 21 years, to wit, years and - 
 
 months of age; and that he has at , since said enlist- 
 ment, received pay and allowances thereunder." 
 
 (g) Charge: M Manslaughter, to the prejudice of good 
 order and military discipline, in violation of tl 
 Article of War." 
 
 Specification : ''In that Private A B , Co. , 
 
 U. S. Infantry, did unlawfully, willfully and feloni- 
 
 ously kill Private C D , Co. - - U. S. In- 
 
 fantry, by (hen- insert manner of killing). 
 " This at , on the of . !<.." 
 
 (h ) Charge: " Assault (or, assault and battery)^ witli 
 intent to kill, to the prejiidice of good order and mili- 
 tary discipline." 
 
 Specijinitinn : " In that Private A B , Co. , 
 
 - U. S. Infantry, did feloniously assault Sergeant 
 , Co. , U. S. Infantry, by shooting at 
 
 there be any un'avvfiH tou.-hiti- of tin- person of auoth.-r by the 
 aggressor himself or any othrr Miltan.r put in motion by him, I 
 should be charged. 
 
FORMS FOR CHARGES. 
 
 him with a pistol (or, by stabbing him with a knife, 
 etc., etc.) with intent to kill. 
 
 " This at , on the of , 19." 
 
 t 
 
 ft Charge : ; ' Burglary , to the prejudice of good crder 
 
 and military discipline." 
 
 Specification : "In that Private A B , Co. , 
 
 - U. S. Infantry, did, in the night-time, break into 
 
 and enter the quarters of 1st Lieut. C D , 
 
 U. S. Cavalry, with intent to commit a felony, to wit: 
 
 (here describe the felony). 
 " This at , about o'clock . m., on the 
 
 of , 19." 
 
 (y) Charge: " Larceny, to the prejudice of good order 1 
 IX and military discipline." 
 
 Specification : "In that Private A B , Co. , 
 
 U. S. Infantry, did feloniously take, steal, and carry 
 away , of the value of dollars ($ ) , the prop- 
 erty of Corporal , Co. , U. S. Infantry. 
 
 " This at , on the of , 19 ." 
 
 / (y) Charge: "Embezzlement, as denned in section 
 T 5488,^6 vised Statutes of the United States, in violation 
 of the 62d Article of War." 
 Specification : " In that -, U. S. Army, being 
 
 the officer in charge for the United States of , and, 
 
 as such officer in charge of said , being a disbursing 
 
 officer of the United States, and having intrusted to him 
 large amounts of public money of the United States, 
 did willfully and knowingly apply for a purpose not 
 ..^authorized by law a large sum of the said moneys so 
 intrusted to him, by willfully and knowingly causing 
 the amount hereinafter named to be paid out of the 
 
 said moneys which were subject to his order and control 
 
 as such officer in charge of said =, the account on 
 
 which the same was paid being false, the amount paid 
 not being due or owing from the United States to the 
 party paid, or to anyone, and he, the said , well 
 
U( FORMS FOR CHARGES. 
 
 knowing this to be the case; the said account, the 
 amount paid, and the payment being that designated by 
 the following voucher (and the entries therein and the 
 indorsements thereon), submitted by the said , 
 
 with his accounts and marked 'Appropriation for .' 
 
 Voucher No. , $ , dated , the said payment 
 
 having been caused to be made on or about , by 
 
 the said drawing and delivering a check, as 
 
 such officer in charge of , by which the payment 
 
 was ordered and directed to be made out ~f moneys of 
 the United States under his control as such officer. 
 "This at , on or about the of , 19.*' 
 
 ^ (i) Charge: "Perjury, 1 to the prejudice of good 
 order and military discipline." 
 
 Specification : "In that Private A B , Co. , 
 
 - U. S. Infantry, having been duly sworn, at his own 
 request, as a witness in his own defense before a 
 
 court-martial, convened at , by order No. , 
 
 dated , 19, for his trial, did willfully, falsely, and 
 
 corruptly testify as follows: 
 
 " Question by judge-advocate : ? 
 
 "Answer: . 
 
 "Which testimony was false in that (.*/<//// in what 
 respects), and which testimony was known by him, the 
 
 said A B , to be false, was material to the issue 
 
 then being tried, and was given with intent to deceive 
 the court. 
 
 "This at , on the of , 19." 
 
 1 \\ liarton ,-a\> ( ( < rimin;tl Law, '.,,-y l.,.f,-i,. .-Minis-martial is 
 
 |.\ -tatute made indictable iti most jurisdictions; but e\m uln-n a statute 
 does not apply, the weight of authority i> that it is pel jm y at common law."' 
 ll U a .-tatutory crime, uini. ft. 8. So that fal>r >\\ raring before 
 
 a court-martial, if it p..>..rses \}\<- oilier ele nts of perjury, i* perjury, and 
 
 ran be tried as such by ronrt-niartial under the f'.-Jd A. W. The rules of 
 evidence in regard to perjury will then apply. When any of the elements 
 of perjury are lacking the offense will pro|K-rIy be charged as "fal- 
 inii; " c.j/., when the matter is not material to the issue. 
 
SURGEON'S REPORT. 14 
 
 STATEMENT OF SERVICE. 1 
 
 Statement of service of - , Company , 
 
 Regiment . (Required by paragraph 961, Army 
 
 Regulations.) 
 
 FORMER SERVICE. 
 
 Date of enlistment. 
 
 Date of discharge. 
 
 Character on discharge. 
 
 
 
 
 Date of present enlistment , 19 . 
 
 Date of confinement under present charges 
 19. 
 
 
 
 -(Place.) Commanding . 
 
 (Date.) 
 
 SURGEON'S REPORT ON ALLEGED DESERTER. 
 
 FORT , 
 
 , 19. 
 
 SIR: In compliance with par. 124, A. R., I have the 
 honor to report that I have critically examined , 
 an alleged deserter, and find him fit for service (or, unfit 
 for service on account of -) . 
 
 To the Surgeon. 
 
 Post Adjutant. 
 
 !See page 62, par. 6, ante. This form will be printed on official letter 
 paper. When possible the name of the organization or organizations in 
 which the soldier formerly served should be given. 
 

 14'> RECORD OF GENERAL COURT-MARTIAL. 
 RECORD OF A GENERAL COURT-MARTIALS 
 
 SEC. I. FORM FOR RECORD. 2 
 CASE 1. 
 
 Proceedings 3 of a general court-martial which con- 
 vened at , , pursuant to the following order: 
 
 (Here insert a literal copy of the order appointing the 
 court, and, following it, copies of any orders modi fifing 
 the detail. Y 
 
 HEADQUARTERS DEPARTMENT OF , 
 
 , , 19-. 
 
 SPECIAL ORDERS, | 
 No. -. f 
 
 A general court-martial is appointed to meet at , 
 
 , at . m.. on , 19 , or as soon there- 
 after as practicable, for the trial of such persons as 
 may be properly brought before it. 
 
 DETAIL KoK TIIK rot'RT. 
 
 Major , "th Cavalry, 
 
 Captain , Artillery Corps. 
 Captain , assistant surgeon. 
 
 1st Lieutenant , 10th Infantry. 
 
 1st Lieutenant , 5th Cavalry. 
 
 2d Lieutenant , Artillery Corps. 
 
 2d Lieutenant , 10th Infantry. 
 
 1st Lieutenant , 5th Cavalry, judge-advocate. 
 
 1 Se,- Kecoid of procee.il' 1 . ,,,il< . The record Will 
 
 and legible, and, if practicable, without erasure or interlineation. Any 
 
 enurare or interlineation made must he authenticated by tin- initi., 
 
 president or of tin- judu'e-adxo, ate. In cisi- tin- record i- t > pewi itt. n ;i 
 
 i-upvalilr riliholi will In- lisi-il. 
 
 2 The pages of the m-onl will l>.- numbered at the bottom, and margins of 
 
 1 in, h will !> l.-ft at the top. bottom, and left side of each page. 
 
 :t " Every party tried by a general court-martial shall, upon demand 
 thereof, made by himself or by any person in his behalf, be entitled to a 
 
 ropy of the proceedings and sentence of sm ll court." i Illth \. \V \; 
 
 plications for copie- under this urtit le ""'"^JlP llflflrrimn' to the Judge- 
 Advocate (Jene.al. (Par. -i-Jt/. A. R.) 
 
 4 Words inclosed in parentheses, ( ), or br/f-kets, [ ], are simply explana- 
 tory, and will not be copied in the record. 
 
RECORD OF GENERAL COURT-MARTIAL. 143 
 
 (If less than thirteen members are detailed, the order 
 ivill state:} 
 
 JA greater number of officers can not be assembled 
 without manifest injury to the service. 
 
 (In case travel is necessary, the following sentence will 
 be added:) 
 
 The journeys required in complying with this order 
 are necessary for the public service. 
 By command of Brigadier General : 
 (Signed) , 
 
 Adjutant General. 
 FORT - , 
 
 -, 19-. 
 
 The court met pursuant to the foregoing order at 
 o'clock . m. 
 
 PRESENT. 1 
 
 Major , 5th Cavalry. 
 
 Captain , assistant surgeon. 
 
 1st Lieutenant , 10th Infantry. 
 
 1st Lieutenant , 5th Cavalry. 
 
 2d Lieutenant , Artillery Corps. 
 
 1st Lieutenant , 5th Cavalry, judge-advocate. 
 
 ABSENT. 
 
 Captain , Artillery Corps. 
 3d Lieutenant , 10th Infantry. 
 
 (If the cause of absence is known, it will be recorded, 
 if unknown, it will be so stated.)' 2 
 
 1 In the record of the proceedings of a court-martial, at its organization 
 for the trial of a case, the officers detailed as members and judge-advocate 
 will be noted by name as present or absent. In the record of the proceed- 
 ings of subsequent sessions in the same case, the following form of words 
 will be used, subject to such modifications as the facts may require: " Pres- 
 ent, all the members of the court and the judge-advocate." When the ab- 
 sence of an officer who has not qualified, or who has been relieved or excused 
 as a member, has been accounted for, no further note will be made of it. 
 
 - If is the duty of a judge-advocate to ascertain, if possible, the cause of 
 absence. If a member is absent by order, the number and date of order will 
 be given if the order emanate from the convening or higher authority; but 
 if absent by telegraphic authority, a post order, etc., a copy of the authority 
 should be appended to the record; if absent sick, a surgeon's certificate of 
 sickness and inability to attend will be furnished by the absent member, 
 and appended to the record. 
 
144 RECORD OF GENERAL COURT-MARTIAL. 
 
 The court then proceeded to the trial of Private 
 -, th Company, Coast Artillery, who having been 
 
 brought before the court, stated that he did not desire 
 counsel; (or) introduced as counsel. 
 
 [REPORTER.] 1 
 
 was duly sworn as reporter. 2 
 
 The order convening the court (and the order or or- 
 ders modifying the detail, if any} was (or were) read to 
 the accused, and he was asked if he objected to being 
 tried by any member present named therein; to which 
 he replied in the negative. 
 
 [CHALLENGES.] 
 
 (or) that he objected to on the following 
 
 grounds: 
 
 ( Insert objections. ) 
 
 The challenged member stated: 
 
 (Insert the statement of the cliallenged member, who 
 should (ilwuys be requested to respond to the challenge 
 and inform the court upon its merrits. Should tin' 
 tin-used, after this stufenn ///, desire to itt tin- 
 lenged member apon his voir dire, the record 
 continue :) 
 
 The accused having requested that the challenged 
 member be sworn upon his voir dire, 3 - was 
 
 duly sworn by the judge -advocate, and testified as 
 follows: 4 
 
 'To facilitate use <>f form. suhheads "reporter/ 1 ' challenges," etc., are 
 inserted and follow.-.! l.y marginal lines. To use form in ca-e no reporter is 
 employed, follow form to " reporter," ami then omit as far as marginal line 
 iimler " reporter" extends. In like manner omit when necessary for other 
 MI I 'heads. 
 
 -The reporter must l>e sworn in each case. For form of oath. 
 30, par. 4, <t,,t, . 
 
 ''For form of oath. MB pa ire :;u. par. 8, 
 
 * The form of examination should he similar to that Driven for %\ ; 
 (lie defense, pap- I In. /:,.*!. The accused should first a<k his question-, and 
 then the judge-advocate and court such as they may deem pertinent. 
 
RECORD OF GENERAL COURT-MARTIAL. 145 
 
 The challenged member, the accused, (his counsel,) 
 (the reporter,) and judge-advocate then withdrew, 1 
 and the court was closed, and on being opened the 
 president announced in their presence that the objec- 
 tion of the accused was not sustained- (or) that the 
 objection was sustained. - then withdrew. 
 
 The accused was asked if he objected to any other 
 member present : :! to which he replied in the nega : 
 tive, (or) that he objected to on the follow- 
 ing grounds: 
 
 (Insert objection in full and record as before.) 
 
 The members of the court and the judge-advocate 
 were then duly sworn. 4 
 
 [INTERPRETER.] 
 
 | (If an interpreter is required, he should now be 
 sworn.) 5 
 
 [DELAY.] 
 
 (If delay is desired for cause known, application 
 should now be made and the proceedings of the court 
 recorded.* If no delay is requested, the record should 
 continue:) 
 
 The accused was then arraigned upon the following 
 charges and specifications: 7 
 
 Charge I: - . 
 
 Specification 1st: . 
 
 Specification 2d: > . 
 
 1 See page 25, par. 7, ante. 
 
 - In case of a tie vote see page 22, note 3, ante. 
 
 :! Only one member at a time can be challenged, and a record of the pro- 
 ceedings in each case must be made. 
 
 4 Whenever the same court-martial tries more than one prisoner on sepa- 
 rate and distinct charges, the court will be sworn at the commencement of 
 each trial and separate proceedings in each case prepared. For forms of 
 oaths see page 29, tuiti-. 
 
 6 For form of oaths see page 30, ante. 
 
 6 See page 30, ante. 
 
 "< The signature and rank of the officer preferring the charge is not a part 
 of the charge and should not be copied into the record. 
 3609 10 
 
146 RECORD OF GENERAL COURT-MARTIAL. 
 
 Charge II: - . 
 
 [PLEA TO THE JURISDICTION, IN ABATEMENT OR IN BAR.] 
 To which the accused submitted the following 
 
 special plea to the jurisdiction (or in abatement, or 
 
 in bar of trial) : l 
 
 (or) 
 
 To which the accused pleaded as follows: ^ 
 
 To the 1st specification, 1st charge, " Guilty;*' (or) 
 "Not guilty." 
 
 To the 2d specification, 1st charge, ''Guilty:'* (or) 
 " Not guilty." 
 
 To the 1st charge, " Guilty; " (or) " Not guilty." 
 
 To the 1st specification, 2d charge, etc. 
 
 Sergeant John Jones, Co. , Infantry, a wit- 
 ness for the prosecution, was duly sworn, and t 
 as follows: 
 
 DIRKIT i.x A MI NATION: 
 
 Questions by the judge-advocate: 3 
 
 (J. Do you know the accused? If so, state who he is. 
 
 A. I do; Private - , th Company, Coast 
 
 Artillery. 
 
 i Tin N//rriv//m/ qwstion* of the judf/e-ndrocaf- 
 their answers should follow in order.)* 
 
 CROSS-EXAMINATION: 
 Questions by the accused: 
 
 Q. 
 
 (If the accused declines to cross-examine the witm-ss 
 tltr n cord should state:) 
 The accused declined to cross-examine the witness. 
 
 1 If a spr.-ial plt-a is mad.-, tin- pl.-a. th.- reply of tin- juds_- 
 DM- a- -lion of Hi,- ,-oiirt th. T.-.P ii will 1,.- fully stated; see page 3'J. par. l,,u,i. . 
 ami paire I'-M. nut.- -J. j,,,.<t. 
 
 - \\ li.-n ,-onsi.l-iv.l il.^iraM.- tin- tir>t .(iiefltinn maybe as to th.- i.l.-ntity of 
 tin- w in 
 
 :i Th<- n-for.l sh.ml.l s.-t forth fully all tho /. // ( //..,i// introihict-d upon the 
 
 trial, th.' oral portion as nearly as prartiraM.- intli- i- of th.- 
 
 If tin- court >hoiil.l*>l.-( ill.- to i-xputim- any juirt it will not )..- 
 
 lii.-iall\ '\|iuiiKtl <>r omitted from th.- n-i-ord lut will not IK- thereafter 
 
 rousidt-red as part of tin- \ iu> n. . . 
 
 
 
RECORD OF GENERAL, COURT-MARTIAL. 147 
 
 REEX AMINATION : 
 Questions by the judge-advocate: 
 
 EXAMINATION BY THE COURT: 
 
 Q. -- ? 
 
 A __ 
 
 [OBJECTION TO QUESTION.] 1 
 
 Question by a member: - ? 
 
 To this question, the accused (or party objecting) 
 objected as follows: 
 
 (Insert objection.) 
 
 To which the member replied: 
 
 (Insert reply.) 
 
 The accused (his counsel,) (the reporter,) and 
 judge -advocate withdrew and the court was closed, 
 and on being opened the president announced in 
 their presence that the objection was sustained. 
 (or) was not sustained. 
 
 (In the latter case the record should continue:) 
 
 The question was then repeated by the judge- 
 advocate as a question of the court. 
 
 (If the court considers it necessary to hear the testi- 
 mony of the witness read or the witness desires to have 
 certain testimony read for correction the record will 
 show the fact and the corrections, if any.)* 
 
 1 If a question, put by a member, is objected to by another member, the 
 judge-advocate, or the accused, and the objection is sustained, it will be 
 recorded as a question by a member, and not answered. If the objection is not 
 sustained it will be recorded as a question by the court, repeated by the judge- 
 advocate, and must be answered. If a question is objected to by anyone, at 
 anytime during the trial, the above method of recording the action of the 
 court will be followed. 
 
 2 Should a witness be recalled and again placed on the stand, he will be 
 reminded that he has been sworn in the case and is still under oath. 
 
148 RECORD OF GENERAL COURT-MARTIAL. 
 
 (At the close of the prosecution the record should con- 
 tinue:) 
 
 The judge-advocate announced that the prosecution 
 here rested. 
 
 (If the court adjourns to meet another day the / 
 should continue:) 
 
 The court then, at -- o'clock . m., adjourned t<. 
 meet at -- o'clock . m., on -- . 
 
 Jud'J< -. \dnn-ate. 1 
 
 FORT - , 
 
 -- : , 19-. 
 
 The court met, pursuant to adjournment, at - 
 o'clock . m. 
 
 PRF.M 
 
 All the members of the court and the judge-advocate. { 
 The accused, his counsel, and the reporter wnv al.-o 
 present. 
 
 (If the proceed iiit/s nf the previous da // ///- 
 In/ the court to be read. th< fact trill he recorded in (lie 
 following form:) 
 
 The proceedings of - were read 4 and approved. 
 (or) corrected as follows: 
 
 (In latter case, mtnurute eorrertioi/s, giving page 
 and li)K on which they occur.) 
 
 1 The jinlirc-ii.lvnoitr should sign each day's proceedings. (I 
 A. It.) 
 
 -Sfi- p:iCf 1 C5. imti- 1, .in/.'. 
 
 ; lt :tn\ iiii-iiilii-r is al.s.'iit. if lint :iliv:nly :i(vonnt(Nl fur. mill f-xcept - 
 
 Tin- muling nf ]piv\imis |,I,M .-.-.lin^s \\ill !< ,li-p. n>,-.| \\ith. unless for 
 consiiliTcil iici-<-s>ary liy tin- roiirt. S,-,- jia.kjc til, p.ti. 
 
RECORD OF GENERAL COURT-MARTIAL. 149 
 
 Corporal John Smith, Co. , Infantry, a wit- 
 ness for the defense, was duly sworn and testified as 
 follows: 
 
 DIRECT EXAMINATION: 
 
 Question by the judge-advocate: 1 Do you know the 
 accused ? If so, state who he is. 
 
 A. - . 
 
 Questions by the accused: 
 
 Q- ? 
 
 A. . 
 
 ( The examination should be conducted as in case of a 
 witness for the prosecution, the judge-advocate cross- 
 examining, and the accused, if he so desires, reexamin- 
 ing the witness. ) 
 
 (Should the accused wish to testify in his own behalf, 
 the record will continue:)' 2 
 
 The accused, at his own request, was duly sworn as a 
 witness, and testified as follows: 
 
 Questions by the accused: 
 
 Q. ? 
 
 A. . 
 
 (The examination of the accused should be conducted 
 in the same manner as that of any other witness. ) 
 
 (If the accused has no other witness to call, the record 
 should continue:) 
 
 The accused had no further testimony to offer and no 
 statement to make. 
 
 (or) having no further testimony to offer, made the 
 following verbal statement in his defense. 
 
 1 Though this is a witness for the defense, the judge-advocate will ask the 
 preliminary question for the purpose of determining his identification of 
 the accused. When considered desirable, the first question maybe as to the 
 identity of the witness. 
 
 2 Should the accused not wish to testify in his own behalf the fact may 
 not be animadverted upon. 
 
150 RECORD OF GENERAL COURT-MARTIAL. 
 
 (or) having no further testimony to offer, submitted a 
 written statement in his defense, which was read to the 
 court, and is hereto appended and marked A. 1 
 
 (or) requested until o'clock . m. to prepare his 
 
 defense. 
 
 (If the court takes a recess during the time asked for, 
 the record will continue:) 
 
 The court then took a recess until o'clock . in : at 
 
 which hour the members of the court, the judge -advo- 
 cate, the accused, his counsel, and the reporter resumed 
 their seats. 
 
 (Or, if the court has other business before it, the record 
 may continue:) 
 
 The court then proceeded to other business, and at 
 o'clock . m. resumed the trial of this case; at which 
 hour, etc. 
 
 The accused submitted his defense, which was read to 
 the court, and is hereto appended and marked B.- 
 
 The judge-advocate submitted the case without re- 
 mark. 
 (or) replied as follows: 3 
 
 (Insert reply.) 
 
 (or) submitted and read to the court a written reply, 
 which is hereto appended and marked C. 
 
 The accused (his counsel,) (the reporter,) and judge- 
 advocate then withdrew and the court was closed, and 
 
 finds the accused, Private - , th Company, 
 
 Coast Artillery: 
 
 Of the 1st specification, 1st charge: ''Guilty;" (or) 
 "Not guilty." 
 
 I All documents ami papers in:nl<- part . f tin- pro-eedin_ 
 tin-in, \\ill lif app< tided t<> tin- ivo.nl. in !! order .{ tlu-ir int roduct jon, 
 aftrr the space Irft fur tin- remarks of tin- i e\ ie\\ in;,' authority, 'iii'l marked 
 in such a manner as to afford easy reference It is n,,i \ -~.u\ to encum- 
 ber a record by spreading upon it documents or other \v ritinjrs, <>r niatter 
 excluded by tin- court. The record should .Dimply specify tin- cha- 
 the writings and the grounds upon which they were ruled out. 
 
 -'The statement of the accused, or argument in his defense, and all pleas 
 to the jurisdiction in bar of trial or in abatement, when in writing, should 
 
 be signed by the accil-rd, referred to in proceeding a- ha\i!l I n sub- 
 mitted by him. and appended to the rec.,r.l. whether he is defended by counsel 
 or not. 
 
 a The jud.cc-advocate is entitled by u.-ai:.- to sum up the ,-a-e an.. 
 an argument at the conclusion of the trial, even though the accused declines 
 to make argument or statement. 
 
RECORD OF GENERAL COURT-MARTIAL. 151 
 
 Of the 2d specification, 1st charge: "Guilty, except 
 the words ' ,' and of the excepted words Not 
 guilty." 
 
 Of the first charge: "Guilty;" (or) "Not guilty;" (or) 
 " Not guilty, but guilty of, etc., ." 
 
 Of the 1st specification, 2d charge, etc. 
 
 [PREVIOUS CONVICTIONS WHEN ACCUSED is FOUND 
 GUILTY.] 
 
 (If the accused is found guilty and the punishment 
 is discretionary, 1 the record should continue :) 
 
 The judge-advocate and accused were then recalled 
 and the court opened, and the judge-advocate stated 
 that he had no evidence of previous convictions to 
 submit. 
 
 (or) read the evidence of - previous convictions, 2 
 copies of which are hereto appended and marked D, 
 E, etc. 
 
 (If the accused has any statement to make in re- 
 gard to his previous convictions, it will be recorded. ) 
 
 The accused (his counsel,) (the reporter,) and 
 judge-advocate then withdrew and the court was 
 
 closed, and sentences him, Private , th 
 
 Company, Coast Artillery, . 
 
 [NO PREVIOUS CONVICTIONS, OR ACCUSED ACQUITTED.] 
 
 (If the punishment is not discretionary, or the ac- 
 cused is acquitted, the record, after the findings are 
 stated, should continue :) 
 
 And the court does therefore sentence him, etc. 
 (or) does therefore acquit him, Private , 
 
 th Company, Coast Artillery. 
 
 JSee page 57'; Sec. 2, </;//<-. 
 
 2 See "Previous convictions," page 46, ante. When the proof produced 
 is th copy furnished to the company or other commander, in accordance 
 C with par. 96$ A. It., it will be returned to him and a copy of it attached to 
 the rcconUnf lliu i;i nm .il, m^iim III If, III [MINI Mil inilll liyiiigijiltu MIXXII 
 / (Par. 97/ AXE,.') The copy should be bound with the record, as an ex- 
 hibit, by means of the margin provided for the purpose. 
 
152 RECORD OF GENERAL COURT-MARTIAL. 
 
 The judge-advocate was then recalled, and the court 
 
 at . m. proceeded to other business. 
 
 (or) adjourned until : . m., the inst. 
 
 (or) adjourned to meet at the call of the president, 
 (or, on completion of the trial of the last case before 
 the court) adjourned sine die. 
 
 > 
 
 Major , 
 
 P/rx/W, ///. 
 
 1st Lieut. , 
 
 Judge- Advocate. } 
 
 (At least tiro blank pages will be left after ti,< ad- 
 journment, and /i,/,,/v //,, e.rhihitx, for the decisionand 
 orders of the reviewing authoriti/.) 
 
 FORM OF BRIF.F. 
 
 (The papers forming the complete record will l>e 
 fnxtiiied together at flic tnj>, and the record foldi<l /// 
 four folds, and briefed on the first fold as follows:) 9 
 
 Private, Co. 
 
 Trial by general court-martial 
 
 at - -; 
 
 Commencing , 19 : 
 
 Ending , 19. 
 
 President: 
 Major - , 
 
 Judge- Advoca te: 
 1st Lieut. , 
 
 ilnoaaeof tto death or disability of the jndg< a \ R. 
 
 -Wlifii th.- rf.-,.r.l is i-onipli-fi-.!. tli. jniltf.'-advoruti- will forwanl it with- 
 out ilflav to the i-Miix i-niiiu authority as an inclosinv ! tin- iiiilorsi-iiirtit of 
 the jii(lk r ('-:i<lvnrati- ivttiniinic tin- oriirinsil rharxri-s. (Par. MHT A. B.) 
 also page 64, iar. 3, ami page T'J. par. 1, antt. 
 
RECORD OF GENERAL COURT-MARTIAL. 153 
 
 SEC. II. FORM FOR REVISION OF RECORD l 
 
 FORT , 
 
 , 19-. 
 
 The court reconvened at o'clock . m., pursuant 
 
 to the following order: 
 
 (Insert 'copy of order.) 
 
 (or) pursuant to the following indorsements: 
 (Insert copies of all indorsements. ) 
 
 PRESENT. 2 
 
 ABSENT. 
 
 (Insert names of absentees, and state cause of absence, 
 if known.) 
 
 The judge-advocate read to the court the foregoing 
 order. 
 
 (or) the foregoing indorsement of the convening au- 
 thority. 3 
 
 The judge-advocate then withdrew, and the court 
 was closed and revokes its former findings and sentence, 
 and finds the accused, etc. 
 
 (or) revokes its former sentence, and sentences the ac- 
 cused, etc. 
 
 (or) respectfully adheres to its former findings and 
 sentence, 
 (or) amends the record by, etc. 4 
 
 The judge-advocate was then recalled and the court 
 at . m., etc. 
 
 , Major , 
 
 1st Lieut. , President. 
 
 Judge- Advocate. 
 
 ( The record of revision will be appended to the original 
 proceedings, following them immediately, before the ex- 
 
 1 See "Revision of record," page 63, ante. The court is usually recon- 
 vened by indorsement on the original record, returning it to the president 
 of the court with the directions of the convening authority. 
 
 2 If the findings and sentence are to be considered, all the members who 
 voted on them should, if possible, be present. At least five members of the 
 court, who acted upon the trial, must, and the judge-advocate should, be 
 present at a revision; but it is in general neither necessary nor desirable 
 that the accused should be present. 
 
 a The judge-advocate will also read any other indorsements there may be 
 connected with the proceedings in revision. 
 * See page 63, par. 2, ante. 
 
154 RECORD OF A SUMMARY COURT. 
 
 hibits, and the whole indorsed by the president of the 
 court and forwarded to the convening authority. ) 
 
 -KJSCUU1VOF A SVMMAH1T COURT. 
 
 SEC. I. FORM FOR RECORD. 1 
 
 No. of 
 
 Record of a summary ^ourt at , npfn>int> <i />// 
 Orders No. , Headquarters , -/- , 190 . 
 
 = Name, rank, 
 : company, 
 : and regi- 
 ment, and 
 3 list of 
 L N\ itnesses. 
 
 of War violated. 
 
 Specif), -ation. 
 I nature 
 
 of uttii ',! 
 
 preferring 
 charges. 
 
 Kind- 
 ,,'. 
 
 N\ ithin 
 ftg^urfent enlistment. 
 
 vrith signature of 
 / trial <!!, 
 .Hid consent to trial, 
 if given. 
 
 of coinmaiidin^olli. <-r. 
 
 dtc ui< 
 
 | 
 
 3 
 
 - 
 
 
 
 Ill 
 
 
 5 
 
 
 < 
 
 
 
 T 
 
 
 -- 
 
 
 
 
 7 
 
 
 
 
 1 
 
 
 
 
 
 I her. ' 
 
 
 M 
 
 
 
 / 
 
 
 trial l-v Minmiarv 
 
 
 -- Witnesses: 
 
 
 
 / 
 
 
 court .'ii 
 
 
 H 
 
 
 
 
 
 charges. 
 
 
 
 
 -Regt.-^. 
 
 
 
 Privat. <'.,., . 
 
 
 NOTB. Thin form nuiv 1-c \is.-<l to furnish i-opies of tli<- n-ror.i, the same 
 to be certified to be " a tru/copy " by the post commander or adjutant. 
 
 / (On hack of form.) 
 
 I\-l IUTT10N8. 
 
 This form is inteoaed to answrr tin- purposes of a charge sheet, which. 
 
 when roiii]ili-ti-<l liv tin- Miniiiiarv court an<I tin- roiuiiiaiuiiiikj olii. 
 -1. 
 
 1 Blank form*' for summary coip-t n-i-onl ami for monthly ivjion 
 tri.'-l , for forn/see page 156, ;..>/) will IK- furnihc<l hy Tin- Adjutant (J.-n- 
 i-ml of tin- Army. For in.-tructions recunling evidence of jiri-vioi;- 
 tioius li\ Mimmarv c.n;rt. see \v.\.^>- 47. par. '2, and pane 7H, par. 11. <mlc. 
 
 - When i-oiiiiuaiidinir oHieer tries ,-aM' no approval 
 \ /. 
 
 : In ra-es where the maximum limit of punishment which w.i// IK- awarded 
 is grafeter than one month's forfeiture and continenient. the lecord must 
 show whether the accused has i-on-eiited or refused to cunseiit in writing to 
 trial hy summary court as prescribed in par. :n._, A K. >eo page 78, par. 
 Vf, ante. 
 
RECORD OF A SUMMARY COURT. 155 
 
 become the complete record of the trial. The officer preferring thfc charges 
 will enter en this form the name of the accused, the list of witnesses, and 
 the charges as called for by the headings, together with Ms signature 
 thereto; and, in proper cases, the accused will be required to sign the state- 
 ment showing whether or not he consents to trial by suminary court the 
 necessary alteration being made in the certificate if he xloes not consent. 
 The case will then be submitted in the usual way for trial. Each sheet is 
 intended for one case only, and will be given a serial number in the order 
 of trial; and they will be bound in numerical order in books of convenient 
 si/,c, each case being added to the book when completed by pasting or other 
 method, the margin ac the left being intended for this purpose. Paper 
 binding will be sufficient, a good quality of tough and heavy paper being 
 used therefor. 
 
 DATA TO ACCOMPANY CHARGES. 
 
 In arrest (or confinement) under present charges since . Dates of 
 
 previous convictions within one year (in current enlistment) . 
 
 FIRST INDORSEMENT. 
 
 , 190. 
 
 Respectfully referred to the summary court for trial. 
 By order of . 
 
 , Adjutant. 
 
 SEC. II. REMARKS ON RECORD. 
 
 1. "When the only officer present with a command 
 sits as a summary court, no approval of the sentence is 
 required by law, but he should sign the sentence as such 
 officer and date his signature." l 
 
 2. The name of the post or other place will not be 
 given under the head of ' ' action of officer appointing 
 court, with date and signature," as this information 
 appears at the head of the record. 
 
 l Par. 965, A. R. 
 
156 RECORD OF GARRISON COURT-MARTIAL. 
 
 J 
 
 MONTHLY REPORT OF SUMMARY < Oil! T < \M>. 
 
 Report of cases 1 tried by summary court aX- , fur 
 
 the month of , 
 
 
 
 4 
 
 
 
 s/ 
 
 2S 
 
 Sentence 
 
 
 
 " 
 
 
 
 - 
 
 g>r 
 
 (If mitiirated, Rive 
 
 ft 
 
 Name, 
 rank, com- 
 pany, and 
 regiment. 
 
 
 Bywprii 
 
 Finding. \ 
 
 Number of pre 
 < OBI 
 
 ' in \\riti 
 "No.") 
 
 !!. .1- Illltl- 
 
 tui-e ,if trial officer 
 not to be copied. 
 
 til re of olJi 
 
 pointing court.) 
 
 
 / 
 
 
 
 
 
 
 
 RECORD OF A GARRISON COURT-MARTIA I .. 
 
 SEC. I. FORM FOR RECORD. 
 
 CASE . 
 
 Proceedings of a garrison court-martial convened at 
 , pursuant to the following order: 
 
 FORT , 
 
 , 19. 
 
 ORDI 
 No. . 
 
 A garrison court-martial will convene at this 3 
 o'clock a. m., on , 19 , or as soon th -re- 
 after as practicable, for the trial of (such persons as 
 have refused to consent in writing to trial by summary 
 court). 3 
 
 1 The report of each case, where the maximum limit of |niiii-lim-iit \\ InYh 
 tn, iii be awarded is greater than one month's forfeiture ami confinement, 
 must show whether tin- arms.-.! lias .-.inseritel <>r refused tn t.'iisenr in 
 uritinu' to trial l>y summary enurt, as jn-esi-rihed in par. '.'>}. \. ll. 
 
 -The form of record for a garrison court-martial differs from that I'm a 
 general court-martial only In resjM-ct to the form of the order a|>|'intinc iln- 
 court. The form here Driven is that for a case in which a pli-a of --(Jnilty " 
 is eiitcieil; if tin- prisotn-r pli-a.N " N'.'l guilty." or maki- a special pli-a the 
 form for record of a general court will be followed. 
 
 3 See page 80, par. ti, ante. 
 
RECORD OF GARRISON COURT-MARTIAL. 157 
 
 DETAIL FOR THE COURT. 
 
 Captain . 
 
 1st Lieutenant . 
 
 2d Lieutenant . 
 
 2d Lieutenant -- , judge-advocate. 
 By order of : 
 
 (Signed) , 
 
 1st Lieutenant , 
 
 Adjutant. 
 
 FORT , 
 
 -, 19-. 
 
 The court met, pursuant to the foregoing order, at 
 o'clock . m. 
 
 PRESENT. 
 
 Captain . 
 
 1st Lieutenant . 
 
 2d Lieutenant . 
 
 2d Lieutenant , judge-advocate. 
 
 The court then proceeded to the trial of Private 
 
 , Company , Infantry, who, having refused 
 
 to consent in writing to trial by summary court, was 
 brought before the court, and having heard the order 
 convening it read, was asked if he had any objection to 
 being tried by any member named therein; to which he 
 replied in the negative. . 
 
 The members of the court and the judge-advocate 
 were then duly sworn, and the accused was arraigned 
 upon the following charge and specification: 
 
 Charge : 1 . 
 
 Specification: . 
 
 To which the prisoner pleaded: 
 To the specification, " Guilty." 
 To the charge, "Guilty." 
 
 1 The signature of the officer preferring the charge will not be entered in 
 the record. 
 
158 RECORD OF GARRISON COURT-MARTIAL. 
 
 (In cane testimony is taken, it is not recorded. 1 ) 
 
 The judge-advocate announced that the prosecution 
 here rested. 
 
 The prisoner stated that he had no testimony to offer 
 or statement 2 to make. 
 
 The accused and judge-advocate then withdrew, and 
 the court was closed and finds the accused, Private 
 , Company , Infantry. 
 
 Of the specification, "Guilty." 
 
 Of the charge, "Guilty." 
 
 The judge-advocate and the accused were then recalled 
 and the court opened; and the judge advocate stated 
 that he had no evidence of previous convictions to 
 submit, (or) read the evidence of - - previous con- 
 victions,, j-r*pipg tit wViir.Vi im hnrntn nppmilrrl nnil 
 li.id A, TV ill - 
 
 1 
 
 The accused and judge-advocate then withdrew, and 
 the court was closed and sentences him, Private 
 
 , Company , Infantry, etc. 
 
 Th jndtfe-advocate was then recalled and the court 
 at . m., etc. 
 
 Captain , 
 
 President. 
 
 gd Lieut. , 
 
 Judge-Advocate. 
 
 (A sine die adjournment will be added to the last case 
 before the court, and the record of each case folded and 
 
 hxlorsal in the same manner a* that for a y /<> ml 
 con ft /m/r/m/.) ' 
 
 1 Par. 98/, A. R. The record must give the names <>f witnesses examine*!, 
 both for the prosecution and di-ft-nse, and will state the fact as t<> tlu-ir 
 h:ivini: l'ru duly sworn. If the ;n-.-n.-d \><- s\\i>rn :i- i \\itn. >-. the record 
 should show that it was at liis own mjuest. 
 
 2 Statements and arguments will not be reduced to writing in the record. 
 
RECORD OF REGIMENTAL COURT-MARTIAL. 159 
 SEC. II. REMARKS ON THE RECORD. 
 
 1. The decision and orders of the post commander, 
 properly dated and over his official signature, will 
 follow immediately after the sentence, adjournment, or 
 other final proceeding of the court in the case. 
 
 2. "The complete proceedings of a garrison or regi- 
 mental court will be transmitted without delay by the 
 post or regimental commander to department head 
 quarters." 1 
 
 RECORD OF A REGIMENTAL COURT-MARTIALS 
 
 CASE . 
 
 Proceedings of a regimental court-martial convened 
 
 at , pursuant to the following order: 
 
 FORT , 
 
 , , 19. 
 
 ORDERS, ) 
 
 NO. . y 
 
 A regimental court-martial will convene at this post 
 at o'clock a. m., on , , 19 , or as soon there- 
 after as practicable, for the trial of (such persons as have 
 refused to consent in writing to trial by summary court) . 3 
 
 DETAIL FOB THE COURT. 4 
 
 (Complete record as in case of garrison court-martial.) 
 
 1 Par. 99/1, A. R. 
 
 2 The form of record for a regimental court differs from that for a garrison 
 or a general court only in respect to the order convening the court. 
 
 3 See page 81, par. 3, ante. 
 
 4 See page 81, par. 2, and page 104, note 1, ante. 
 
160 PROCEEDINGS OF RETIRING BOARD. 
 PROCEEDINGS OF A RETIRING BOARD. 
 
 Proceedings of an Army retiring board convened at 
 by virtue of the following orders : 
 
 SPECIAL ORDERS, | WAR DEPARTMENT. 
 
 No. . j WASHINGTON, , 190-. 
 
 10. Under instructions from the President, and in 
 accordance with section 1246, Revised Statutes, an army 
 
 ivtirhig board is appointed to meet at , , from 
 
 time to time, at the call of the president of the board, 
 for the examination of such officers as may be ordered 
 before it. 
 
 DETAIL FOR THK BOARD. 
 
 Colonel , Infantry. 
 
 Lieutenant Colonel , adjutant general. 
 
 Major , surgeon. 
 
 Major , Infantry. 
 
 First Lieutenant , assistant surgeon. 
 
 First Lieutenant , Infantry, recorder. 
 
 Such journeys as it may be necessary for the mem- 
 bers and recorder of the board to make in attending its 
 sessions and returning to their proper stations art- ; 
 sary for the public service/ 
 
 ***** 
 
 BY ORDER OF THE SECRETARY OF WAR: 
 
 Lieutenant General, Chief of xtafi. 
 OFFICIAL : 
 
 Tin- Adjutant General. 
 
PROCEEDINGS OF RETIRING BOARD. 161 
 
 , , 19-. 
 
 The board met pursuant to the foregoing order at 11 
 o'clock a. m. 
 
 PRESENT. 
 
 Colonel , Infantry. 
 
 Lieutenant Colonel , deputy surgeon general. 
 
 Lieutenant colonel , adjutant general. 
 
 Major , Infantry. 
 
 1st Lieutenant , assistant surgeon. 
 
 1st Lieutenant , Infantry, recorder. 
 
 Captain - , , appeared before the board 
 
 pursuant to par. , Special Orders No. , War 
 
 Department, dated , 19 , and stated that he did 
 
 not desire counsel; (or, introduced as counsel. ) 
 
 The order convening the board was then read, and 
 Captain was asked if he had any objection to 
 
 offer to any member present; to which he replied in the 
 negative. 
 
 (or) that he objected to - on the following 
 
 grounds: 
 
 (Insert objections. ) 
 
 The challenged member stated. 
 
 (Insert the statement of the challenged member, who 
 should be requested to respond to the challenge and in- 
 form the board upon its merits. Should the officer before 
 the board for examination desire to put the challenged 
 member on his voir dire, the record should continue:) 
 
 Captain - , having requested that the chal- 
 lenged member be sworn 1 on his voir dire, - 
 was duly sworn by the recorder, and testified as follows: 
 
 Question by Captain : 
 
 * * * * * 
 
 The board was then closed, and, on being opened, its 
 decision was announced that the objection was not sus- 
 tained, (or) that the objection was sustained. (In the^ 
 
 1 For form of oath see page 30, ante. 
 3609 11 
 
162 PROCEEDINGS OF RETIRING BOARD. 
 
 latter case the record should state that fli 
 member then witJtdrcir.) 
 
 Captain was then asked whether he objected 
 to any other member; to which, etc., as before. 1 
 
 The members of the board and the recorder 2 were 
 then duly sworn. 
 
 (If the officer desires to be retired, the record will eon- 
 tinue:) 
 
 Captain was then asked whether he desired 
 to be retired, and answered in the affirmative. He was 
 then duly sworn as a witness, and testified as follows: 
 
 (Question by the recorder (or by the board): 
 
 Q. Please state the nature of your disability and its 
 cause, and how long you have suffered from it ': 
 
 A. (The officer can here make ",, <>ra/ statement or suit 
 mi/ a n-ritten one. If a ivritten statement is submitt* d 
 flu- record ///// stnte:) 
 
 The witness submitted a written statement, which was 
 read to the board, and is hereto attached marked "A." 
 
 ','. Is the statement submitted by you com 'ft? 
 
 A. Yes. 
 
 (The board ma// tJn-n atk further question*.) 
 
 Q. Do you desire to make any further statement V 
 
 A. . 
 
 ( When the officer object* f<> r> tin-mi ///, he in'll not be 
 examined at this stage of the proceeding*. ltt //m// intro- 
 duce evidence or make a statement, as hereinafter iadi 
 mted.) 
 
 i Five being, nndei B., the minimum omnber of nmnbeik 06 
 
 a retiring hoard, it nin-t. when ndii< ,-d l,,.I,,w that inniiti.-r hy dial 
 if the board is left without tin- proportion of medical otlir.-rs required hy 
 siiil M-ftioii. ailjuiirii an.l report tin- facts to the coti veriiiiir authority. When 
 the hoard acain meets tlie otlicer lieiiiir examined will IK? acconleil the ritrht 
 of challemc,. ; ( ~ I,, tnr.'. 
 - If then he a reporter, he will also l>e sworn. For form of oath see page 
 
PROCEEDINGS OF RETIRING BOARD. 163 
 
 Major , surgeon, a member of the board,was 
 then duly sworn, and testified as follows: 
 
 Q. Please submit to the board the result of your ex- 
 amination of Captain . 
 
 The witness submitted a written report signed by him- 
 self and Assistant Surgeon , also a member of 
 the board, which was read to the board and is attached, 
 marked '" B." 
 
 Q. From what cause does Captain - 's disa- 
 
 bility proceed ? 
 
 Q. Is the disability permanent? 
 A. - . 
 
 Q. Is Captain -- 's disability such as to incapacitate 
 him for active service ? 
 A. -- . 
 
 * * -X- -X- * 
 
 (The examination of the witness should be conducted 
 so as to bring out all material facts on the lines indi- 
 cated.) 
 
 Captain stated that he had no question to 
 
 ask, (or) asked the following questions: 
 
 ***** 
 
 (The other medical member of the board should then 
 be similarly interrogated.) 
 
 The recorder then submitted certain papers referred 
 to the board from the Office of The Adjutant General 
 of the Army, which were read to the board, and are at- 
 tached, marked - . 
 
 Captain had no further evidence to submit 
 nor statement to make. "( When there is such evidence 
 or statement, the record will duly set it forth.) 
 
 The board was then closed for deliberation, and, hav- 
 
 ing maturely considered the case, finds that Captain 
 
 is incapacitated for active service and that the 
 
 cause of said incapacity is - . And the board further 
 
164 FORMS FOR SENTENCES. 
 
 finds that said incapacity is (or is not) an incident of 
 service. 
 The board then adjourned. l 
 
 -, President of tJie Board. 2 
 
 > 
 Recorder. 
 
 FORMS FOR SENTENCES. 
 
 In sentences imposing a loss of rank or files upon an 
 officer the court may fix a place on the army list where 
 tin- name of the accused will be placed as a n-sult of the 
 sentence, as. for instance, at the foot of tin- list <>t first 
 lieutenants of infantry, or the court may mention the 
 number of files to be lost, as, for instance, to lose ten 
 files in military rank. In this case the court should not 
 undertake to state where on the army list the name of 
 the accused will appear. 
 
 Form 1. Reduction: * * * " to be reduced to the 
 ranks." 3 
 
 1 ( ( >>' ir)i, a /In limn -> 
 
 The board then adjourned t" meet at o'elork . m. 
 
 , , 19. 
 
 The board met pursuant to adjournment. 
 
 I'l-fx-nt: All tlif members ami tin- recorder. 
 
 Tin- t'ofi'^.-iim- ]>n>c<-e.lin.u> were then read and approved. 
 
 The board then adjourned. 
 
 , Pre*i,!oit < 
 
 /;. 
 
 -It is not necearv that the proceedings should he authenticated l-y the 
 Mkjnatuivs of all the im-inhers of the hoard. 
 
 imges 58 and 59, and page 77, par. 13, <ixt< . 
 
SUMMONS FOR MILITARY WITNESS. 165 
 
 Form 2. Confinement: * * * "to be confined at 
 
 hard labor, 1 undercharge of the post guard, for ( ) 
 
 days." 
 
 Form3. Forfeiture: * * * " to forfeit ( ) 
 
 dollars of his pay, 2 now due or to become due." 3 
 
 Form 4. Confinement and forfeiture: * * * "to 
 be confined at hard labor, under charge of the post guard, 
 
 for ( ) months, and to forfeit ( ) dollars per 
 
 month for the same period." 
 
 Form 5. Dishonorable discharge and forfeiture of pay 
 and allowances: * * * " to be dishonorably dis- 
 charged the service of the United States, forfeiting all 
 pay and allowances due him." 
 
 Form 6. Dishonordbledischarge^forfeitureofpayand 
 allowances, and confinement: * * * " to be dishon- 
 orably discharged the service of the United States, for- 
 feiting: all pay and allowances due him, and to be confined 
 at hard labor at such post (or, in such penitentiary) 
 (or, at such place) as the reviewing authority may direct, 
 for ( ) years." 
 
 SUMMONS FOR MILITARY WITNESS. 4 
 
 To 
 
 You are hereby summoned to appear on the day 
 
 of , 19 , at - - o'clock . m. , before a general 
 
 court-martial, convened at , by Special Orders, 
 
 1 Unless hard labor be imposed by a sentence it can not be required of the 
 prisoner. 
 
 '-' l>it<')ition of pay is no longer authorized; and under the acts of February 
 12, 1895 (28 Stat. L., 655), and March 16, 1896 (28 Stat. L., 60), pay can no 
 lunger lit- retained. 
 
 3 By adding the words " now due or to become due" the pay rolls will 
 gciicrsilly be simplified, by permitting all of the forfeiture to be collected at 
 the next payment. 
 
 4 See par. 11, page 37, ante. 
 
166 SUBPCENA DUCES TECUM. 
 
 No. , Headquarters - , dated , 19 , as 
 
 a witness for the in the case of . 
 
 Judge- Advocate of the Court-Mart HI I. 
 
 SUBPCENA 1 FOR CIVILIAN WITNESS. 
 
 UNITED STATES ) 
 
 vs. > Subpoena. 
 
 The President of the United States, to , greeting: 
 
 You are hereby summoned and required to be and 
 
 appear in person on the day of - , at - 
 
 o'clock . in., before a general court-martial of the 
 United States, convened at , by Special Orders, 
 
 No. , Headquarters . dated , 19 , 
 
 then and there to testify and give evidence as a witness 
 for the - in the above-named case. And have you 
 then and there this precept. 
 Dated at , this day of , 19. 
 
 Judge- Advocate of the ( \>irt -Mn rt inl. 
 
 SUBPCENA i DUCES TECUM. 
 
 (( 'in' I inn witness.) 
 UNITED STATES ) 
 
 vs. J- Subpoena. 
 
 The President of the I *H ited States, to , greeting: 
 
 You are hereby summoned and required to be and 
 
 appear in person on the day of , 19 , at 
 
 o'clock . m., before a general court-martial of the 
 United States, convened at , by Special Order-. 
 
 No. , Headquarters , dated ', 19 , 
 
 then and there to testify and give evidence as a witness 
 
 must ..- t.'inlm-il or paid under act of March 2, 1901, page 127, 
 >/nrc. See also par. 1, page 42, ante. 
 
SUBPGENA FOU DEPOSITION. 167 
 
 for the in the above-named case; and you are hereby 
 
 required to bring with you, to be used in evidence in 
 said case, the following-described documents, to wit: 
 . And have you then and there this precept. 
 Dated at , this day of , 19 . 
 
 Judge-Advocate of the Court-MartiaL 
 
 STJBPCENA FOR CIVILIAN WITNESS. 
 
 (For deposition.) 
 
 vs. [ Subpoena. 
 
 UNITED STATES \ 
 
 The President of the United States, to greeting: 
 You are hereby summoned and required to be and 
 
 appear in person on the day of , 19 , at 
 
 o'clock , m., before at , detailed to take 
 
 your deposition for use before a general court-martial 
 of the United States, convened at , by Special 
 
 Orders, No. , Headquarters - , dated 
 
 , 19 , then and there to testify and give evidence 
 
 as a witness for the in the above-named case. And 
 
 have you then and there this precept. 
 Dated at , this day of , 19. 
 
 5 
 
 Judge- Advocate of the Court-MartiaL 
 
 RETURN OF SERVICE. 
 
 (Indorsement of preceding writs.) 1 
 
 UNITED STATES 
 
 vs. 
 
 ,19-. 
 
 I certify that I made service of the within subpoena 
 on _ __ ? the witness named therein, by personally 
 
 'on the back of each form of writ are forms for both certificate and 
 affidavit. 
 
1G8 
 
 WARRANT OF ATTACHMENT. 
 
 delivering to him in person a duplicate of the same at 
 , on the -- day of -- , 19 . 
 
 ss. 
 
 , being duly sworn, on his oath states that 
 the foregoing certificate is true. 
 
 Subscribed and sworn to this -- day of -- . 19 , 
 before me. 1 
 
 \\ \KKANT OF ATTACHMENT. 
 
 UNITED STATES ) 
 vs. 
 
 The Presitlen t of the United States, to greet in a: 
 
 WHEREAS, , of - , was on the day 
 
 of , 19 , at , duly subp<Miaed to appear and at- 
 tend at , , on th. day of , at o'clock 
 
 . m., bef ore a general court-martial duly convened by 
 Special Orders, No. , dated Headquarters Depart- 
 ment of , , 19 , to testify on the part of 
 
 the in the above-entitled case; and whereas he has 
 
 failed to appear and attend before said general court- 
 martial to testify as by said subptena required, and 
 whereas he is a necessary and material witness in behalf 
 
 of the in the above-entitled case. 
 
 Note, therefore, by virtue of the power vested in me, 
 the undersigned, as judge-advocate of said general court- 
 partial, by section 1202 of the Revised Statutes of the 
 United States, you are hereby commanded and empow- 
 nvl to apprehend and attach the said , wher- 
 ever he may be found within the - of , 9 and 
 
 1 After service, asahove indicated, tin- original >nl>p<nia slnnild he at mir.- 
 returned to the judire-advocate nf tin- court; if the witness can Uot he found, 
 the judire-advocate should he M> informed. 
 
 2 State, Territory, or District where the court sits. 
 
INTERROGATORIES AND DEPOSITION. 169 
 
 forthwith bring him before the said general court- 
 martial assembled at , to testify as required by 
 said subpoena. 
 
 Judge- Advocate of said 
 
 General Court -Martial. 
 Dated , , 19. 
 
 INTERROGATORIES AND DEPOSITION. 1 
 
 INTERROGATORIES. 
 
 THE UNITED STATES 
 
 The following interrogatories and cross-interrogatories 
 to be propounded under the 91st Article of War, to 
 
 , stationed (or residing)' 2 at , a witness for 
 the prosecution (or defense) 2 in the above-entitled case 
 now pending and to be tried before the general court 
 martial convened at , by paragraph -- , Special 
 Orders No. , Headquarters Department of - , dated 
 
 , 19, are 
 
 j accepted by the court in open session, 
 
 I agreed upon by both parties in ad- 
 the having been given reasonable opportunity to sub- 
 vance of the assembling of the court and subject to excep- 
 
 mit cross-interrogatories ) 3 -, r pqr>ppffnllv for 
 tions when read in court f and are especbfully for- 
 warded to the convening authority with the request that 
 some suitable officer may be designated to take, or cause 
 to be taken, the deposition of said witness thereon: 
 
 First interrogatory: Are you in the military service of 
 the United States? If yea, what is your full name, rank, 
 
 1 See page 39, ante. 
 
 - Krase the word inappropriate to the case. With the consent of the oppo- 
 site party the deposition of a witness residing within the State, Territory, 
 or District in which the court sits may be taken and read in evidence. A 
 written stipulation signed by both parties should, in such a case, be attached 
 to this paper before it is signed. 
 
 3 Erase the line inappropriate to the case. 
 
170 INTERROGATORIES AND DEPOSITION. 
 
 organization, and station? If nay, what is your full 
 name, occupation, and residence? 
 
 Second interrogatory: Do you know the accused, a 
 in ? If yea, how long have you known him? 
 
 Third interrogatory: - ? 
 
 Etc. 
 
 First cross-interrogatory: ? 
 
 Etc. 
 
 First interrogatory by the Court: ? 
 
 Etc. 
 Dated at , this day of , 19. 
 
 Judge Advocate. 
 
 HEADQUARTERS DEPARTMENT OF . 
 
 , 19-. 
 
 , stationed (or residing)* at - - . is 
 
 hereby designated to take, or cause to be taken. th< 
 deposition of the said , a witness on the pan of 
 the in the case of the United States against 
 , now pending before a general court-martial at 
 . The deposition, when taken, to be sent by 
 him to , the president of said court at . 
 By command of General . 
 
 Adjutant General. 
 
 
 , the witness above named, having been first 
 
 duly sworn by me, , a :; - , stationed (or 
 
 i If taken in a<lv;tnco of the assembling of the court, the interrogatories 
 
 should he signed l.y the judge-advocate an. I the ao-used instead of the 
 president and judge-advocate. 
 
 - Kra.se the word inappropriate to th> 
 
 'Insert official character: as "Trial Officer Summary Court." "Notary 
 Public," etc. 
 
ACCOUNT OF CIVILIAN WITNESS. 171 
 
 residing) 1 at 
 
 , doth depose and say for full 
 
 answers to the foregoing interrogatories, as follows: 
 To the first interrogatory : - . 
 Etc. 
 
 (Signature of witness.) 
 
 Subscribed and sworn to before me this day of 
 
 , 19-. 
 
 I, , the officer designated to cause the depo- 
 sition of the said - to be taken on the foregoing 
 interrogatories and cross-interrogatories, do certify that 
 it was duly made and taken under oath 
 
 ACCOUNT OF CIVILIAN WITNESS NOT IN 
 GOVERNMENT EMPLOY. 
 
 The United States, to 
 
 -,Dr. 
 
 190 EXPENSES AS WITNESS BEFORE A MILITARY COURT CONVENED UNDER 
 ANNEXED ORDERS. 
 
 From , 190, to , 190. 
 
 For mileage from , to and return, being miles at 
 five cents per mile - 
 
 
 
 For allowance while in attendance on said court, from , 
 190 , to , 190 , as per certificate of Judge Advocate 
 hereon, days, at $1.50 per day 
 
 
 
 Total 
 
 
 
 
 
 
 I solemnly swear that the above account is correct; 
 that I have not been furnished with Government trans- 
 
 1 Erase the word inappropriate to the case. 
 
 2 The jurat to be signed by the officer administering the oath, who will 
 add his official designation. (See page 39, par. 4 ante.) If the oath is admin- 
 istered by a Notary Public, his seal will be affixed to the deposition. 
 
 3 This certificate will only be made where the officer has caused the depo- 
 sition to be taken ; where the officer himself administers the oath it is 
 superfluous. 
 
17*2 ACCOUNT OF CIVILIAN WITNESS. 
 
 portation for any part of the journey for which mileage 
 is charged. 
 
 , Witness. 
 
 Sworn to and subscribed before me at , on this 
 
 day of , 190. 
 
 Judge Advocated 
 
 I certify that , a civilian not in Government 
 employ, has been in attendance as a material witness 
 
 from , 190 , to , 190 , inclusive, before a 
 
 court-martial, duly convened at this place, and that he 
 
 was duly summoned thereto from . 
 
 Place . 
 
 Date , 190. 
 
 Judge Advocate.* 
 
 Received this of - , Paymaster, U. S. A., 
 
 - -pjfl dollars, in full of the above account, by Check 
 
 No. , on . 
 
 , Witness. 
 
 (SIGNED IN DUPLICATE.) 
 
 i If the witness be summoned for att.-iMlan- 1>. f,,n- A Miminai> . ,, m t. tli. 
 summary court officer \\ill m:tkr th-- iiT.->ar\ crrtiti- ' aitm.l 
 
 .in. ami administer the oath respecting his expense account. (Digest Opin 
 J. A. G., sec. 2406.) 
 
ACCOUNT OF CIVILIAN WITNESS. 173 
 
 ACCOUNT OF CIVILIAN WITNESS IN GOVERN- 
 MENT EMPLOY. 
 
 The United States, to , Dr. 
 
 190 EXPENSES AS WITNESS BEFORE A MILITARY COURT CONVENED UNDER 
 ANNEXED ORDERS. 
 
 From , 190, to , 190. 
 
 For actual cost of travel from to and return, as per 
 memorandum annexed 
 
 
 
 For actual cost of meals and rooms while traveling to and 
 from said court between aboye dates, inclusive, days 
 
 For actual cost of meals and rooms while in attendance on 
 said court from , 190, to , 190, as per certificate 
 of the Judge Advocate hereon, days (see Note 7, over) 
 
 
 
 
 
 Total 
 
 
 
 
 
 
 I solemnly swear that the above account is correct; 
 that I have not been furnished with Government trans- 
 portation for any part of the journey for which travel 
 fare is charged, and that the journey was performed 
 without unnecessary or avoidable delay. 
 
 , Witness. 
 
 Sworn to and subscribed before me at , on this 
 
 day of , 190. 
 
 ~~~~~ 
 
 Judge Advocate. 1 
 
 I certify that , a civilian in Government 
 employ, has been in attendance as a material witness 
 
 from , 190 , to , 190 , inclusive, before a 
 
 court-martial, duly convened at this place, and that he 
 was duly summoned thereto from . 
 
 Judge Advocate. 1 
 
 Place . 
 
 Date , 190. 
 
 iSee note 1, page 172, ante. 
 

 174 ACCOUNT OF CIVILIAN WITNESS. 
 
 Received this of - , Paymaster, U. S. A., 
 
 ins dollars, in full of the above account, by Check 
 
 No. , on . 
 
 , Witness. 
 
 (81GNEI> IN 1>1 I'l.lCATE.) 
 
 RULES GOVERNIV. ' ' I \ I I 1 \ N \\ I I N F.SSE8. 1 
 
 The Paymaster is, under paragraphs 998 to 1002, Army 
 Regulations, 1904, governed by the following rules in 
 the treatment of vouchers for travel expenses of civilian 
 witnesses before military courts: 
 
 1. The voucher must be in duplicate, accompanied by 
 duplicate authenticated copies of the order convening 
 the court or appointing summary court. 
 
 2. The affidavit of the witiu-ssand the judge-advocate's 
 or summary court officer's certificate (on face of 
 voucher) are required in all cases. The voucher and 
 all accompanying papers must be in dnpli< 
 
 8. A civilian not in Government employ '' duly sum- 
 moned to appear as a witness before a military court 
 will receive $1.50 per day for each day actually in 
 <itf< >i<f(i nee upon the court and 5 cents a mile for g<>in^ 
 from his place of residence to the place of trial or hear- 
 ing, and 5 cents a mile for returning: but in Wyoming. 
 Montana, Washington, Oregon, California, Utah, New 
 Mexico, Arizona, and Porto Rico he will be paid r> 
 cents for each mile necessarily traveled over any stage 
 line or by private conveyance, and in Porto Rico 10 
 cents for each mile over any railway in such travel. 3 
 
 i The forms for Summons for a military witness." for " Sul.p.enas for a 
 civilian witness." fora " Warrrant of attachment." and for a depo-ition, are 
 ohtained from The Adjutant General. Tin- form.- for account- nf ,-ivilian 
 xvit nesses and of rejiorters are ohtained from the Paymaster (Jeiieral. 
 
 -A retired Army oflicer i> a civilian not h, (;<\ei nun nt employ in con- 
 jO templation of A. R.ilUU. (lor,,mp. Dec., 61.) An .-mploxee of the cj\ il 
 government of the Philippine Islands, paid from Insular fund-, is not in tin- 
 em ploy of the Government xvithin the meaning of A. K 
 
 3 Par. 999v A. R., in accordance with section 848, R. S., a. 
 vol. 2, Suo. R. S., page 65, and act approved March 2, 1901, as to Porto Rico. 
 
ACCOUNT OF CIVILIAN WITNESS. 175 
 
 Civilian witnesses, not in Government employ, sum- 
 moned to attend courts-martial in the Philippine 
 Islands, are entitled to $1.50 per day for each day of 
 attendance on the court, and 5 cents per mile for the dis- 
 tance traveled to and from the court. If furnished with 
 transportation by the Government, 42.858 per cent of 
 the 5 cents per mile will be deducted as cost of trans- 
 portation furnished, and 57.142 per cent allowed for 
 subsistence and other expenses of the witness. (Cir. 45, 
 A. G. O., 1902, and Act of Philippine Commission No. 
 1130, April 28, 1904.) 
 
 In case a witness duly subpoenaed before a general 
 court-martial refuses to appear or qualify as a witness 
 or to testify or produce documentary evidence as re- 
 quired by law, he will at once be tendered or paid by 
 the nearest paymaster these fees and mileage and will 
 thereupon be again called upon to comply with the 
 requirements of law. Civilian witnesses will be paid 
 by the Pay Department. (A. B. 1000.) 
 
 4. The items of expenditure authorized in paragraphs 
 !M)8 to 1002, Army Regulations, will be set forth in 
 detail in a memorandum which will be attached to each 
 voucher. No other items will be allowed. The correct- 
 ness of the items will be attested by the affidavit of the 
 witness, to be made, when practicable, before the judge- 
 advocate. 
 
 5. The certificate of the judge-advocate will be evi- 
 dence of the fact and period of attendance, and will be 
 made on the voucher. 
 
 6. Upon execution of the affidavit and certificate the 
 witness will be paid upon his discharge from attend- 
 ance, without awaiting performance of return travel. 
 The charges for return journeys will be made upon the 
 basis of the actual charges allowed for travel to the 
 court. 
 
 7. Civilian witnesses in Government employ will 
 receive as follows: 
 
 (a) Amount actually paid for cost of transportation 
 or travel fare. 
 
176 ACCOUNT OF CIVILIAN 
 
 (6) Amount actually paid for cost of transfers to and 
 from railway stations, not exceeding 50 cents for each 
 transfer. 
 
 ( c ) Amount actually paid for cost of one double berth 
 in sleeping cars or on steamers where an extra charge 
 is made therefor. 
 
 (d) The actual cost of meals and rooms at a rate not 
 exceeding $8 per day for each day actually and unavoid- 
 ably consumed in travel or in attendance upon the court. 
 
 8. Travel must be estimated by the shortest available 
 usually traveled route: the charge for cost of travel 
 (items H, b, c) by established lines of railroad, stage, 
 or steamer should not exceed tin- usual rates in like 
 ra.-ex. the time occupied to be determined by the official 
 schedules, reasonable allowance being made for un- 
 avoidable detention. 
 
 9. The voucher, or tin- order for attendance, will }*> 
 presumed to ~.how in all cases, by indorsement or other- 
 wise, it t rai is] )ortati<m in kind or commutation of rations 
 has been furnished. Transportation in kind will, for 
 any distance covered thereby. }>e a bar to payment of 
 item a. Indorsements of transportation furnished will 
 be scrutinized to ascertain if any part of item c has been 
 included. 
 
 Commutation of rations will be a bar to payment of 
 item d. 
 
 Transportation and commutation of rations will be a 
 bar to any payment. 
 
 10. No per <Hi'nt allowance can be made where the 
 attendance upon the court does not require the witness 
 to leave his station. (This applies only to civilian- 
 Government employ.) 
 
 11 . Compensate m t( > ci vilians in or out of Government 
 employ, for attendance upon civil courts, is payable only 
 by the civil authorities. 
 
 12. If a witness is I'M Government employ the judge- 
 advocate will state the fact. If it does not appear in 
 the certificate or elsewhere in the papers, and is not 
 known to the paymaster, it will be assumed that the 
 witness is not in Government employ. 
 
ACCOUNT OF REPORTER. 
 
 177 
 
 13. Whenever needed, judge-advocates can procure 
 blank accounts for civilian witnesses from any army 
 paymaster or from the Paymaster General's Office. The 
 accounts may then be made out upon the witness's dis- 
 charge from attendance. If no paymaster be present at 
 the place where the court sits, the accounts, authenti- 
 cated as above directed, may be transmitted to any pay- 
 master, with confidence that the witness will receive 
 his pay without unnecessary delay. 
 
 14. Accounts of citizen witnesses are not transferable. 
 SeeCir. 13, A. G. O., 1895. 
 
 15. Signature of witness when signed by mark must 
 be witnessed. 
 
 ACCOUNT OF REPORTER. 1 
 
 The United Slates, to , Reporter, Dr 
 
 (Place of business or residence.) 
 
 (City or town.) 
 
 (State or Territory.) 
 
 Date. 
 
 
 Dollars. 
 
 Cts. 
 
 
 
 To services as reporter before a general court- 
 martial convened at pursuant to special 
 ntil.TS No. , Headquarters Department 
 of -- 190 
 
 
 
 
 To hours before the court at $1 per hour 
 
 
 
 
 
 
 
 
 To folios at ocents per folio 
 
 
 
 
 
 
 
 
 Hf^vVJ 
 
 To days in Ttuiiifl t^ attendance, Mm im- 
 
 
 
 
 
 
 
 
 To miles 1 at /( cents per mile from to 
 
 
 
 
 
 
 
 
 Total / - 
 
 
 
 
 
 
 
 ' 
 
 I CERTIFY that was employed by me as a re- 
 porter for a court-martial under section 1203, Revised 
 
 1 The authority of the department commander for the employment of a 
 reporter for a court-martral, and of the Secretary of War for a court of in- 
 quiry or a retiring board, must be filed with the voucher on which payment 
 is made. 
 
178 FORM FOR SPECIAL ORDERS. , 
 
 Statutes, and that the account for his services as stated 
 above is correct and just. 
 
 Judge Advocate. 
 
 Received, at , the day of , 190, of - 
 
 , Paymaster, U. S. A., the sum of - dollars and 
 
 cents, in full of the above account, which I certify 
 to be correct. 
 
 Check No. , on . 
 
 is in PUPATE.) 
 
 FORM FOR SPECIAL ORDERS. 
 
 HEADQUARTERS DEPARTMENT OF , 
 
 , , 19-. 
 
 SPECIAL ORDERS, ) 
 
 No. - . ) 
 * * * * * 
 
 :;. Recruit - , General Service, U. S. Army, 
 having been tried by a general court-martial convened 
 at . and found guilty of fraudulent enlistment. 
 in violation of the 62d Article of War. was sentenced 
 " to be dishonorably discharged the service of the United 
 States, forfeiting all pay and allowances due him. and 
 to be confined at hard labor at such post as the reviewing 
 authority may direct, for the period of one (1) year." 
 
 The sentence is approved and will be duly executed. 
 is designated as the place of confinement, to \vhi< -h 
 place the prisoner will be sent under proper guard. 
 
 By command of Brig. Gen. : 
 
 
 Adjutant Gent-nil. 
 
HABEAS CORPUS RETURN. 179 
 
 Form A. 
 HABEAS CORPUS BY UNITED STATES COURT. 
 
 RETURN TO, WRIT. 
 
 In re . (Name of party held.} 
 
 ( Writ of habeas corpus Return of respondent. ) 
 To the . (Court or judge.} 
 
 The respondent, Major , U. S. Infantry, upon 
 whom has been served a writ of habeas corpus for the 
 production of - , respectfully makes return and 
 
 states that he holds the said - by authority of 
 
 the United States as a soldier in the United States Army 
 (or " as a general priooHcr under sentence of general 
 court-martial") under the following circumstances: 
 
 That the said - was duly enlisted as a soldier 
 
 in the service of the United States at , , on 
 
 , 19, for a term of years. (If the offense 
 
 is fraudulent enlistment this recital should be omitted. } 
 
 (Here state the offense. If it is fraudulent enlistment 
 by representing himself to be of age, it may be stated as 
 follows :} 
 
 That on the day of , 19, at , , the 
 
 said - , being then a minor, did fraudulently 
 
 enlist in the military service of the United States for 
 the term of - years, by falsely representing himself 
 
 to be over twenty -one years of age, to wit. years 
 
 and months; and has, since said enlistment, received 
 
 pay and allowances (or either) thereunder. 
 
 (If the offense is desertion, it may be stated substan- 
 ntantially as follows:) 
 
 That the said deserted said service at , 
 
 , on , 19 , and remained absent in desertion 
 
 until he was apprehended at , -, on - , 
 
 19 , by , and was thereupon committed to the 
 custody of the respondent as commanding officer of the 
 post of . 
 
 That said - has been placed in confinement 
 
 (or "arrest," as the 'case may be), charged with said 
 offense, and formal charges against him therefor have 
 
ISO HABEAS CORPUS RETURN. 
 
 been preferred, a copy of which is hereto annexed (or 
 11 are being prepared ?> ), and that he will be brought to 
 trial thereon as soon as practicable before a court- 
 martial to be convened by the commanding general of 
 
 the Department of (or " convened by Special Orders, 
 
 No. . dated Headquarters Department of , 19 , 
 
 a copy of which is hereto annexed ''). 
 
 (// tin- ptii-hj lieltl is a nrrn Tiiijm'ooMCf. the foil- 
 paragraph should be substituted for the preceding par- 
 
 That the said was duly arraigned for said 
 
 offense before a general court-martial, convened by 
 .I Orders, No. .dated Headquarters Depart- 
 ment of , . !'.', was convict (! thereof by 
 
 said court, and was sentenced to be . which sentence 
 
 was duly approved on the day of , 19 , by the 
 
 officer ordering the court (or "by the officer command- 
 ing said Department of for the time being ") as re- 
 quired by the 104th Article of War. A copy of the 
 order promulgating said sentence is hereto attached. 
 
 In obedience, however, to the said writ of habea 
 lis the respondent herewith produces before the court 
 the body of the said , respectfully refers to the 
 decisions cited in the annexed brief, and for the reasons 
 set forth in this return prays this honorable court to 
 dismiss the said writ. 
 
 Major, U. S. Infantry. 
 
 Dated , , 
 
 ,19-. 
 
 Form It. 
 HABEAS COIMTS KY STATE COURT. 
 
 RKTI'KV TO WRIT. 
 
 (Make return ax in case of tn-it by a United States 
 court, e.m-pf </x to last intr<njr<ti)li. for irhich substitute 
 as follows :) 
 
 And said respondent further makes return that he has 
 not produced the body of the said - , because he 
 
H'ABEAS CORPUS RETURN. 181 
 
 
 
 holds him by authority of the United States as above 
 set forth, and that this court (or "your honor," as the 
 case may be) is without jurisdiction in the premises, and 
 he respectfully refers to the decisions of the Supreme 
 Court of the United States in Ableman v. Booth, 21 
 Howard, 506, and Tarble's Case, 13 Wallace, 397, as au- 
 thority for his action, and prays this court (or "your 
 honor") to dismiss the writ. 
 
 j 
 
 Major, U. S. Infantry. 
 
 Dated , , 
 
 , 19-. 
 
 INSTRUCTIONS AS TO RETURNS TO WRITS OF 
 HABEAS CORPUS. 
 
 The following instructions in regard to returns under 
 paragraphs lOOjf and 100#, Army Regulations, in the / 
 cases of soldiers who have committed military offenses 
 and are held for trial or punishment therefor, and of 
 general prisoners, are for the information and guidance 
 of all concerned: 
 
 1. The return under paragraph 100^, Army Regula- 
 tions, will be made in accordance with Form A (see 
 page 179, ante), and will refer, as in last paragraph of 
 that form, to the brief of authorities which follows 
 these instructions, and a copy of that brief will be an- 
 nexed to the return. Should the court order the dis- 
 charge of the party, the officer making the return, or 
 counsel, should note an appeal pending instructions 
 from the War Department, and he will report to The 
 Adjutant General of the Army the action taken by the 
 court and forward a copy of the opinion of the court as 
 soon as it can be obtained. 
 
 2. The return under paragraph Wy, Army Regula- ^ 
 tions, will be made in accordance with Form B (see 
 page 180, ante) , but a copy of the brief of authorities is 
 
 not intended to be attached to the returns to writ of 
 habeas corpus issuing from a State court. 
 
182 HABEAS CORPUS BRIEF. 
 
 
 
 m:ii:i TO i;i-: rn.r.i) WITH IJI.TI I:N TO A \\ mi 
 01 HAISKA^C oi:i>r^ KM I.IM;^ IM ri:i> >TATES 
 
 COURT IN < AM. 01 A SOLDIER WHOM. 1>ls- 
 < HAI{(,i; IS SOUGHT UNDER SECTION 1117, 
 REVISED STATUTES. 
 
 If a minor sixteen years old or over claims to be 
 twenty-one years of age or over and enlists without the 
 consent required by section 1117. Revised Statutes, the 
 contract of enlistment is not voidable by the minor, nor 
 by his parents or guardian, if at the time of the filing 
 of the petition the soldier is held in pursuance of a sen- 
 tence of a court-martial,. or any step has been taken 
 with a view to bringing him before such court. 
 
 1. CONTRACT NOT VOIDABLE BY MINOR. 
 
 (a) When soldier is not in conji // r /// . w / . United States 
 ex /> I. Wagner v. Gib1>on, 24 Federal Reporter, 135. In 
 this case Wagnrr, becoming "tired of tin- service," 
 sought his discharge from the Army "solely on the 
 ground of minority at the time of enlistment." This 
 the court refused to grant, holding that section 1117, 
 Revised Statutes, "was made for the exclusive benefit 
 of parents and guardians,*' and that, quoting from the 
 syllabus 
 
 A minor dv. T >i\t..-n \<-nre of age, who at tin- timr <>f hi.- i-nli-tim nt 
 niak- - :it)i<l:ivit that hr i- t wrn t\ -on. \.-ars "f atfi-, ill not , on his <'\MI ap- 
 plication. ! tvl.-asad <>n h<il-<i* < r/.n> on ttic jrniuinl that h- was a minor 
 at thf tiini- of hi- cnli.-tnifnt, and that th- \\ritten consent of his 
 \\a- not olitaiin-<l. 
 
 (/>) II 'lien soldier is in coHjhu'tnent. In /< 
 137 United States. 1 r>7 : In re Grimley, 137 United States, 
 1 17: /// re Wall, 8 Federal Reporter, 85; /// r, Davis. m. 
 21 Federal Reporter. 618; In re Zimmerman, 30 Federal 
 Reporter, 176: In re Hearn, 32 Federal Reporter, 141; 
 I)> r< Spencer, 40 Federal Reporter, 149: In re Lawler, 
 40 Federal Reporter, 233; Solomon r. Davenport, 87 
 Federal Reporter, 3 is. 
 
 In the Morrissey case the Supreme Court of the United 
 States settles this beyond question. Morrissey, a minor 
 
HABEAS CORPUS BRIEF. 183 
 
 of seventeen years of age, enlisted without the consent 
 of his mother, who was living. He deserted, remained 
 in concealment until he reached his majority, and then 
 presented himself before a recruiting officer and de- 
 manded his discharge from the Army on the ground 
 that he was a minor when enlisted. The court said 
 that the provision of section 1117, Revised Statutes 
 
 is for the benefit of the parent or guardian, * * * but it gives no privi- 
 l\irr to the minor. * * * An enlistment is not a contract only, but effects 
 a change of status. It is not, therefore, like an ordinary contract, voidable 
 by the infant. * * * The contract of enlistment was good so far as the 
 petitioner is concerned. He was not only de facto, but de jure, a soldier 
 amenable to military jurisdiction. 
 
 All the cases cited are instructive as illustrative of the 
 different circumstances under which this principle has 
 been declared. 
 
 In the Lawler case the deserter was arrested and 
 "held as such awaiting trial, which will be as soon as a 
 court-martial can be convened and organized for that 
 purpose." 
 
 In the case of Solomon v. Davenport, the deserter was 
 held by a sheriff under a warrant of a United States 
 commissioner. 
 
 In the Spencer case the court said: 
 
 The authorities which have been read to me seem to establish very con- 
 clusively this rule that the enlistment of a minor is voidable, not neces- 
 sarily void; and that he does really become by such enlistment, although 
 under age, engaged in the service of the United States, and subject to the 
 power and jurisdiction of the military authorities; and, such being the case, 
 the court-martial had jurisdiction to arrest and try him for the charge of 
 deaertion. 
 
 2. CONTRACT NOT VOIDABLE BY PARENTS OR GUARDIANS 
 IF THE SOLDIER IS HELD PURSUANT TO A SENTENCE 
 OF A COURT-MARTIAL OR ANY STEP HAS BEEN TAKEN 
 WITH A VIEW TO BRINGING HIM BEFORE SUCH COURT. 
 
 In re Kaufman, 41 Federal Reporter, 876; In re Dohren- 
 dorf, et al. , 40 Federal Reporter, 148; In re Cosenow, 37 
 Federal Reporter, 668; In re Dowd, 90 Federal Reporter, 
 718; In re Miller, 114 Federal Reporter, 838; U..S. vs. 
 Reaves, 126 Federal Reporter, 127; In re Lessard, 134 
 
184 HABEAS CORPUS BRIEF. 
 
 Federal Reporter, tfo.V. E.r jxirte Anderson, 16 Iowa 
 595; McConologue's case, 107 Massachusetts, 170. 
 
 In the Kaufman case, the father sought the discharge 
 of his son, who was held by the military authorities and 
 had been ordered before a military court for trial as a 
 deserter. Quoting from the syllabus: 
 
 A minor who enlists in tin- United States Army upon his representation 
 that he is of ane. ami receives pay and clothing and afterwards deserts and 
 
 i- .11 i. --ted ,is a i.-.-it. i . and at the time of his p.-til|.iti is held \<\ the I Hit n I 
 Slates awaiting trial by a court-martial fur tin- <i iim- of |.->.-i timi. will not 
 I"- released iiiidcr a \\ lit of / u{K)n the jiiound that hem;; a minor 
 
 ln> enlistment was unlawful and contrai y to tin- Revised Statutes of the 
 I n it. d States. 
 
 In the Cosenow case the minor swore that IH- \v;i> 
 twenty-one years and seven months old at the time ot 
 enlistment. He deserted, and at the time of the filing 
 of the petition was held in custody awaiting the action 
 of the reviewing authority on the proceedings of the 
 court-martial. His father sought tin- discharge of his 
 son on the ground of infancy at the time of enlistment 
 The court refused to discharge him. holding that " an 
 enlistment contrary to law is not void, but voidable:" 
 that the court-martial had jurisdiction of the offense, 
 and the soldier "must be remanded to await the result 
 of his trial." 
 
 The Dowd case arose on the application of the mother 
 for the release of her son, who was held under sentence 
 of a summary court. The court held, quoting from the 
 syllabus: 
 
 The enlistment of a minor in tlic Army without the consent of lii.- p.irent^ 
 or guardian, required \>y Ri-\i-cd Statute?., M-rtion 1117, i- not void, Im' 
 \ojdaMe onl\ . and while he remains in t he >er\ ire undei such enli-tm'-n 
 the minor is amenahle to the Articles of \V;ir. and can not he remanded to 
 the . ustody of his parents hy a H\il court on a writ of /KI/.../> ...i^,,,v while 
 under^oiii!; a sentence imposed on him l.y a roiirt-martial fora violation of 
 such articles. 
 
 In the Anderson case it appears that a minor enlisted 
 without his father's consent, and being held for trial 
 before a. court-martial for desertion, his father sought 
 his discharge on habeas cu/ - /w.s. The court refused to 
 
HABEAS CORPUS BRIEF. 185 
 
 discharge the soldier, saying "he must abide by the 
 decision of the latter court (court-martial) before the 
 question of the validity of his enlistment can be deter- 
 mined in the civil courts on habeas corpus. ' ' 
 In McConologue's case the court said: 
 
 A minor's contract of enlistment is indeed voidable only and not void, 
 and if, before a writ of habeas corpus is sued out to avoid it, he is arrested 
 on charges of desertion, he should not be released by the court while 
 proceedings for his trial by the military authorities arc pending. 
 
 By act of July 27, 1892, ""fraudulent enlistment, and 
 the receipt of any pay or allowance thereunder, is ... 
 declared a military offense and made punishable by 
 court-martial under the 62d Article of War.'' A minor 
 who procures his enlistment by representing himself to 
 be over age commits this offense, and the statute au- 
 thorizes his punishment therefor. In general it may be 
 stated that where a minor has committed a military 
 offense the interests of the public in the administration 
 of justice are paramount to the right of the parent and 
 require that the soldier shall abide the consequences of 
 his offense before the right to his discharge be passed 
 upon. (Digest Opin. J. A. G., sees. 1258 and 1264, and 
 notes. ) 
 
 The soldier should not be allowed to escape punish- 
 ment for his offense, even though his parents assert 
 their right to his services. A minor in civil life is liable 
 to punishment for a crime or misdemeanor, even though 
 his confinement may interfere with the rights of his 
 parents. In re Miller (114 Fed. Rep., 838), it was held 
 that a minor 16 years old or over "enlisting without 
 the consent of his parents, on representation that he is 
 of age, becomes a soldier amenable to military jurisdic- 
 tion for military offenses, and subject to release from 
 service only on application from his parents, who can 
 not prevent his court-martial for past military offenses. ' ' 
 In the opinion of the court (page 842) it is said: 
 
 The common law unaided by statute, fully recognized the parents' rights 
 to the custody and services of their minor child; but it has never been held 
 that they could, by the writ of habeas corpus or otherwise, obtain his 
 
186 HABEAS CORPUS BRIEF. 
 
 custody and his immunity when he was held by an officer of a civil court of 
 competent jurisdiction to answer a charge of crime. His enlistment having 
 ma. ! ih- prisoner a soldier notwithstanding his minority, he i* answerable 
 to the military law Jnxt UK th? Hi:., n n-1,,, /> ,/ ,,, </,/, /,, th. ,-inl 
 
 liltf. Til' ji'ii'i //> "in in 't l ,/;r,> l ,t Ihr luir'* . /,,;-, , ,. nt in . illitr case. * * * 
 
 These views were cited with approval in U. S. vs. Reaves 
 (126 Fed. Rep., 127), where, upon full consideration of 
 the authorities, the circuit court of appeals remanded 
 Reaves, a minor who had deserted from the Navy, to 
 the custody of the naval authorities as represented by 
 the chief of police who had apprehended him. 
 
INDEX. 
 
 Abatement of punishment: Page. 
 
 for good conduct in confinement 68, 69 
 
 Abatement: 
 
 plea in 32 
 
 Absence : 
 
 of member from meeting of court 22,143 
 
 See Department commander. 
 
 Absence without leare: 
 
 effect of conviction of, on reward for apprehension 49 
 
 effect on cost of transportation 49 
 
 finding of, under charge of desertion 45 
 
 from camp, 1 mile 105 
 
 from duty as company or hospital cook 55 
 
 from fatigue, extra, or special duty 50 
 
 from parade, etc., forms for charges 132 
 
 from parade, etc., limit of punishment 53 
 
 from parade, etc., offense of 105 
 
 from troop, etc., form for charge 132 
 
 from troop, etc., limit of punishment 52 
 
 from troop, etc., offense of 105 
 
 Abuse of authority : 
 
 by noncommissioned officer, limit of punishment 56 
 
 Accounts: 
 
 of reporter, form for 177 
 
 of witness, forms for 171,173 
 
 of witness, rules governing 174-177 
 
 of witness, to deposition 40 
 
 Accou torments: 
 
 accountability for 100 
 
 selling, losing, etc., form for charge 130 
 
 selling, losing, etc., limits of punishment 52 
 
 selling, losing, etc., offense of -' 101 
 
 Accused: 
 
 arraignment of 31,115 
 
 challenge by, how allowable 27 
 
 challenge by, how recorded 144,145 
 
 consent of, to trial by summary court 19,78 
 
 entitled to counsel before general court 25 
 
 (187) 
 
188 INDEX. 
 
 Accused Continue.]. Page. 
 
 entitled to have witnesses summoned :r, 
 
 entitled to testify j. 44 
 
 judge-advocate, how far counsel 23 
 
 may submit statement, etc l.~> 
 
 stands mute 32 
 
 to be advised of his rights 
 
 uniform of, before court ~l\ 
 
 will not appear in irons 'Jl 
 
 Accuser: 
 
 can not convene general court 13 
 
 can act a nummary court 74 
 
 challenge of member on ground "f l>eing > 
 
 should not act as judge-advocate -> 
 
 Acquittal: 
 
 effect of, on reward for apprehension 4!i 
 
 tin. ling in case of virtual 4t> 
 
 form for recording 
 
 Action on proceedings. See Proceeding*. 
 
 Additional charped: 
 
 .an not be introduced after arraignment, etc 20 
 
 Adjournment : 
 
 daily, signed \<\ judge-advocate 
 
 final, signed by president and judge-advocate Jl 
 
 Adrising desertion: 
 
 offence of 107 
 
 Alarms: 
 
 fal-e. offense of occasioning li, 
 
 Vmmimition: 
 
 offen-e of purchasing, from soldier, etc 111 
 
 offense of wasting, selling, etc 101 
 
 Appeal: 
 
 from re.uiinental to ceiieral .-mirt 104 
 
 Appointing authority. - . ,n<//,../-iV//. 
 
 accountal.ilit v for 100 
 
 offense of casting away !"*> 
 
 offense of making false return of 99 
 
 offense of selling, losing, etc 101 
 
 offense of selling, losing, etc., limits of punishment 52 
 
 Arraignment : 
 
 acciiM'd and jinlge-ad\ oc ite .-land 31 
 
 a. . u-ed not to lie in inm- at 21 
 
 accused stands mute at. action by court 32 
 
 additional charges not introduced after ^0 
 
INDEX. 189 
 
 Arraignment Continued. Page. 
 
 form for recording 145 
 
 procedure for 31 
 
 Arrest : 
 
 Applications of officers in 7 
 
 breach of, by officers 112 
 
 general provisions regarding 9 
 
 of deserters, reward for . ' 49 
 
 of officers 6,112 
 
 of soldiers 8 
 
 omission of, as affecting jurisdiction 6,8 
 
 protracted, a ground for mitigation 66 
 
 Arson: 
 
 offense of, in time of war 109 
 
 Articles of war: 
 
 armies of ("nitcd States governed by 98 
 
 officers shall subscribe 98 
 
 read once in six months to troops 123 
 
 read to recruits 98 
 
 Assault with intent to kill: 
 
 form for charge 138 
 
 limit of punishment 54 
 
 Assembling of court: 
 
 procedure on ^ 21 
 
 Attachment of witness. See Witness and Warrant of attachment. 
 Attendance of witness. See Witness. 
 Authentication of proceedings. See Proceedings. 
 Authority : 
 
 abuse of, by noncommissioned officers 56 
 
 Autrefois acquit: 
 
 plea of <- 32 
 
 Ball and chain : 
 
 as punishment 48 
 
 punishment by, in extreme cases only 49 
 
 report of use to department commander 67 
 
 Blanks: 
 
 accounts for civilian witnesses, where obtained 174 
 
 summons, subpoenas, etc 174 
 
 Branding of soldiers: 
 
 forbidden 118 
 
 Breach of arrest : 
 
 by officers 112 
 
 Bread and water diet: 
 
 confinement on, as punishment 48 
 
190 INDEX. 
 
 Bribes: 
 
 officer taking w 
 
 Burglary: 
 
 off.-n,,- of. iii tim.-,,f war !<".< 
 
 under <;_',! Artirli-, forni for charge i:'.'< 
 
 iindi-r frjd Artirli-. limit >f jnininhnient 
 
 Cadets. S.-e Miiii, iri , A,-,,, /.,,,. 
 
 Camp: 
 
 introducing li,|uor into, limit of punishim-nt 
 
 lyiiiKout ..f. without l,-a\.- in j. I.-:. 
 
 i. tain, r- ..f. jmixlirtioii o\,-r l.~. 
 
 -"I'li'-r- 1 mile from, without leave In:. 
 
 \ioleiice to persons hrin^inv' pn>\ i-iuns to Ins. lir.i 
 
 Candidate for promotion: 
 
 |.uniliiniMit of 48 
 
 tri;il.li' l.v v r> 'Hi'i'al 1'i'iirt <inl\ I.", 
 
 4 apital rrimo: 
 
 'l.MTti.ui in tiiui- of peace not a 40 
 
 in- ain'ug of _' I" 
 
 Captured stuns : 
 
 li-|M>*itioii of inn 
 
 Canhierinir: 
 
 in. aning of Inn 
 
 Certiltcates: 
 
 ].<'iialty fur >iK'"iiik' false.__ 101 
 
 Challenge >f w.,,,i . 
 
 court determines \ali.litv of 
 
 grounds for 
 
 in abt'iir.> of. m.-ml..-r huw .-xciisr.! 
 
 jinljrf-ailvocati- not <-liall . 'J8 
 
 i.o.nl in ,ase of HI. 1 I- 
 
 summary court not sulijivt t' 
 
 Challenge (i,> right ,l,<,h: 
 
 liity to refuse in:; 
 
 .si'ii.lin^, arrrjitinir, etc . in:'. 
 
 upbraiding for refusing 103 
 
 Chaplains: 
 
 not detailed as members of courts 11 
 
 Character: 
 
 c\ ill. -net' . if Uli 
 
 Charges: 
 
 a.-.-ompanied by what 1 
 
 act charp-d undi-r two or more fonns !'> 
 
 additional 
 
 consideration of, by post commander 
 
INDEX. 191 
 
 Charges Continued. Page. 
 
 correction of, by judge-advocate 23 
 
 delay in trial by summary court on 75 
 
 forms for 130 
 
 instructions for drawing 16-20 
 
 investigation of 19 
 
 joint, when 17 
 
 prisoners without written, when released 9, 10 
 
 requisites of 16 
 
 service of , upon officer arrested 7,8 
 
 specifications, how drawn 18 
 
 specifications, not in alternative 18,19 
 
 striking out, withdrawing, etc 20 
 
 to show consent to trial by summary court 19,78 
 
 to whom submitted 19 
 
 when and by whom submitted . 9 
 
 Ciril court: 
 
 can not review proceedings of military 13 
 
 military, ordinarily, gives precedence to 14 
 
 previous convictions by, inadmissible 47 
 
 Civil crime: 
 
 act as being both military offense and 14 
 
 Civil magistrate: 
 
 delivery of accused officer or soldier to 109 
 
 Clemency: 
 
 certain applications for 64, 65 
 
 recommendation to 62 
 
 Clothing: 
 
 form for charge for selling 130 
 
 limit of punishment for selling 52 
 
 limit of punishment for losing or spoiling 52 
 
 offense of selling, losing, etc 19,101 
 
 Closed session : 
 
 judge-advocate excluded 25 
 
 Company commander: 
 
 arrest or confinement of soldiers reported to 9 
 
 copy of summary court record furnished to 79 
 
 Commanding officer: 
 
 disrespect to, limit of punishment 52 
 
 disrespect to, offense of j 102 
 
 instructions to, regarding summary courts 78 
 
 may authorize departure of certain witnesses 41 
 
 must investigate charges 19 
 
 power to order court of inquiry 121 
 
 refers or forwards charges 19 
 
 report of prisoners to . 9 
 
192 INDEX. 
 
 Command: Page. 
 
 suspension from, as punishment 4* 
 
 when different corps join 1-- 
 
 Commands: 
 
 officers to keep good order iu 
 
 Commutation of punishment: 
 
 power nf n-viewing authority 65 
 
 Company cook : 
 
 limit <>f punishment for absence from duty as 55 
 
 limit <>f punishment fur ilrunkenm-s on duty as 54 
 
 Composition of courts-martin I. - wt+msHUL, 
 
 Conduct to the prejudice, etc.: 
 
 forms for charges 136,137 
 
 instruction regarding charges IT 
 
 limit* of punishment -- 54-56 
 
 Conduct unbecoming, et< : 
 
 forms for charges 136 
 
 instructions regarding charges of 1" 
 
 Confinement before trial : 
 
 enlisted men in, how designated 8 
 
 Kern-mi provisions regarding 
 
 long, a ground for mitigation .._ 66 
 
 of officers - 
 
 of soldiers. 
 
 report of, to soldier's company commander 9 
 
 Confinement after trial: 
 
 abatement allowed - 68,69 
 
 ,-., listed men in, how designated 
 
 forms for sentence to 165 
 
 general prisoners examined when released _- 69,70 
 
 on bread ami waiter diet 48,59 
 
 personal effe, t- of ,-, :i| lt -.| piNonM> 68 
 
 prisoners foiwarded to place of __ 
 prisoners put in irons, report m;i<l< 
 
 second sentence to, begins when 
 
 sentence to, begins when 
 
 separation of prisoners in 
 
 solitary, duration of 
 
 Constitution of coBrt*-martial. > '</. 
 
 Contempt : 
 
 rotirts-murti;il m:iy punish for 
 
 Continuance. S /W r ,,,/ei;ien<. 
 
 Contract surgeon, etc.: 
 
 disobedience of orders of 1 
 
 ineligible :ts member of court H 
 
INDEX. 193 
 
 Convening authority: Page. 
 
 control of, over court 13 
 
 decision of, as to number of members 12 
 
 effect of absence on appointing power 13 
 
 of garrison court 79 
 
 of general court 12,13 
 
 of regimental court 81 
 
 of summary court 74 
 
 prosecutor can not convene general courts 13 
 
 report to, when court is below minimum 12 
 
 the President as 12 
 
 the Superintendent, U. S. Military Academy, as 13 
 
 Convening order: 
 
 for garrison court 156 
 
 for general court 142 
 
 for regimental court 159 
 
 Convictions. See Previous conviction*. 
 
 Correction of proceedings. See Revision of record. 
 
 Correspondence: 
 
 with the Judge-Advocate General 72,73 
 
 with the rneiny 10t5 
 
 Counsel for accused : 
 
 arguments of, oral or written 26 
 
 by whom detailed 25 
 
 duties of 26 
 
 introduction of, before court : 144 
 
 judge-advocate, how far 23 
 
 questions of, oral or written 26 
 
 Courts-martial : 
 
 all troops subject to trial by 14 
 
 assembling of 21 
 
 authority overcharges 20 
 
 can not excuse member 28 
 
 can not order nolle prosequi 20 
 
 civil courts can not review proceedings of __. 
 
 classification of -- 11,12 
 
 composition of 
 
 control of convening authority over 13 
 
 hours of session repealed 117 
 
 iiit.-rior - H,12 
 
 jurisdiction of, as affected by act of accused 15 
 
 jurisdiction of, derived from acts of Congress 13 
 
 jurisdiction of, exclusive over military offenses _ 14 
 
 jurisdiction of, how extended in time of war _ 15 
 
 jurisdiction of, not affected by territoriality 14 
 
 jurisdiction of, over acts both civil crimes and military offenses__ 14 
 jurisdiction of, over offenses ,- 14 
 
 3609 13 
 
194 INDEX. 
 
 CourtN-martial Continued. 
 
 jurisdiction nf, over ]> \- .in- 14 
 
 jurisdiction of, statute of limitation as affecting 33 
 
 jurisdiction of. \\hen ended 14 
 
 may puniti for contempt lit! 
 
 object of, as military tribunal 6 
 
 organization of 
 
 iinrri*OH courts-martial 
 
 appointed in wliat commands 7'< 
 
 appointed when 
 
 comiMisition, etc.. of 
 
 disposition of proceeding of 
 
 form for order and record 
 
 jurisdiction of 
 
 limit of punishing power ^n. u;, 
 
 testimony, etc.. will not \- recorded 
 
 General courlt-martial 
 
 appeal from regimental court to Id 
 
 closed session of 2o 
 
 composition of 1 1 
 
 constituted by whom Ij. l:i 
 
 disposition of proceedings of 
 
 form for order and record 1U 
 
 jurisdiction of i:, 
 
 procedure of Jl 
 
 record of, copy furnished a. cused 72, Ul 
 
 record of proceedings 
 
 revision of record 
 
 Reyinit nidi <-"i<i-/*-)nitrli<il 
 
 composition, etc., of 
 
 disposition of proceedings of 
 
 form for order and record I 
 
 jurisdiction of " 
 
 limit of punishing power *". II"' 
 
 testimony will not In reciirdetl 80 
 
 under 30th Article of War H'l 
 
 SiiiiniHirii courts 
 
 accuser can act as 74 
 
 act establishing PJ"- 
 
 appointment of 71 
 
 com|K)8ition, etc., of 
 
 consent to trial by 
 
 copies of record, furnished company commander*. 
 
 delay in trial by _._ 
 
 discretion as to trial by 
 
 ueneral instructions regarding 7* 
 
 hours of session . T v 
 
 jurisdiction of 
 
INDEX. 195 
 
 Courts-martial Continued. Page. 
 
 iS'w mmary courts Continued. 
 
 limit of punishing power 75,78,115 
 
 may be held on Sunday in emergency 78,79 
 
 monthly report of cases tried, form for 156 
 
 names of officers who act as, reported 79 
 
 not challengeable 27 
 
 power of 75 
 
 previous convictions considered by 76 
 
 procedure of 76 
 
 record, form for 154 
 
 report of cases tried by, to be made monthly 19,73 
 
 reviewing authority of 77 
 
 Courts of inquiry: 
 
 authentication of proceedings of 84,122 
 
 composition of 83, 121 
 
 constituted by whom 82,121 
 
 form of convening order 83 
 
 how ordered 121 
 
 jurisdiction of 82 
 
 oath of members and recorder 83, 121 
 
 object of, as a military tribunal : 6 
 
 opinion of, when given 83, 122 
 
 organization of 83 
 
 procedure of 83 
 
 proceedings, carbon copy, how authorized 27 
 
 record of, as evidence 122 
 
 record of proceedings 84 
 
 reporter for, employment of 83 
 
 witnesses befoie 83,121 
 
 Cowardice: 
 
 offense of 106 
 
 sentence for, how published 118 
 
 Crime: 
 
 act as being both military offense and civil 14 
 
 capital, desertion in time of peace not a 40 
 
 capital, offender delivered to civil magistrate ^ 109 
 
 during rebellion, etc 109 
 
 officers accused of, subject to arrest 112 
 
 of fraud against the United States - 110,111 
 
 soldiers accused of 
 
 to the prejudice, etc - 111, 112 
 
 Criminals: 
 
 enlistment of, prohibited __. - 98,99 
 
 Customs of war: 
 
 as affecting punishment 
 
 as part of unwritten military law 6 
 
196 INDEX. 
 
 Days: ''>-'. 
 
 int'anitig of word in sentence 6'J 
 
 Heath, sentence of: 
 
 confirmation of II' 1 
 
 suspension of M. IJn 
 
 vote upon -- 59,60 
 
 1 1. :( s.-ii soldier*: 
 
 disposition of effects of !-: 
 
 Defect* in proceeding. See /;,.;>/..,- ../ <-,.,, <-.l. 
 
 Defense : 
 
 how far assisted by judge-advocate 
 
 Delay: 
 
 in trial by nummary court 
 
 whi-n ami ly whom granted 
 
 Dental Hurueon. See r.,,,ii-'i<t ..HI-./...II. !-. 
 
 Department command) r : 
 
 as accuser or prosecutor ! 
 
 autliorized to convene courts 13 
 
 authorized to review proceedings ^_ 
 
 cn not delegate hi* function a* reviewing authority '>l 
 
 . -ha rues forwarded to 
 
 effect of absence of, on ap|M>intiiig jmwer 
 
 may jwrmit trial of n. <. . >> inferior courts ... 
 i.-|M.it of irons on prisoner to 
 
 Deposition : 
 
 duty of officer ordered to obtain 
 
 fees of civil officer taking _ I" 
 
 fes of witness giving deposition 
 
 form for 
 
 may he taken before court assembles 
 
 oath to, by whom administered 
 
 pay accounts of witness giving 
 
 procedure to obtain 
 
 submission to court 
 
 taken by consent where witness resides in State 
 
 wh.-n admissible 17.H8 
 
 when not admissible 
 
 Deprivation of prifileires: 
 
 of "candidate for promotion " 
 
 Deserter: 
 
 enlistment of. prohibited 
 
 from Navy or Marine Corps 
 
 harboi in- . offense of 
 
 surgeon's report to accompany charges against 
 
 to s.-r\i- full term 
 
 who is apprehended, limit of punishment 
 
 who suneuders, limit of punishment 
 
INDEX. 197 
 
 Desertion : Page. 
 
 after tendering resignation 107 
 
 by enlistment in another regiment 107 
 
 evidence of, after plea of guilty 31,32 
 
 form for charge of 134 
 
 in time of peace, not a capital offense 40, 106 
 
 limits of punishment j. 51 
 
 offense of 106,107 
 
 offense of advising or persuading 107 
 
 previous convictions of 51,58 
 
 statute of limitation for 33,119 
 
 Discharge, dishonorable: 
 
 form for sentence of 165 
 
 of an officer for cowardice or fraud 118 
 
 of post noncommissioned staff and hospital steward 48 
 
 on account of conviction of two or more offenses 58 
 
 on account of previous convictions 58 
 
 postponement of date fixed by- sentence 65 
 
 Discharge from service: 
 
 how made 99 
 
 Dismissal: 
 
 by court-martial, appointed by division or brigade commander 120 
 
 for cowardice, etc., where published 118 
 
 in time of peace, sentence confirmed 119 
 
 of general officers 120 
 
 suspension of sentence of 65,120 
 
 Disobedience of orders: 
 
 Involving defiance of noncommissioned officer 55 
 
 of a contiact surgeon, etc 131 
 
 of a noncommissioned officer, form for charge 137 
 
 of a noncommissioned officer, offense under 62d Article 131 
 
 of a sentinel, limit of punishment 56 
 
 of an officer etc. quelling fray, limit of punishment 52 
 
 of an officer etc quelling fray offense of___ 102 
 
 of an officer, form for charge _-- 131 
 
 of an officer, offense of 102 
 
 simple neglect ol standing order 131 
 
 Disorderly conduct in quarters: 
 
 limit of punishment-.. 56 
 
 Disorders and neglects: 
 
 offenses under 62d Article HI 
 
 Disposition of records : 
 
 of general courts 72 
 
 of inferior courts 73 
 
 Disrespect : 
 
 regarding President, etc., offense of 102 
 
 to commanding officer, limit of punishment , 52 
 
198 INDEX. 
 
 Disrespect Continual. Page. 
 
 to commanding officer, offense of _______________________________ K^ 
 
 to sentinel. limit of punishment _______________________________ 56 
 
 Divine service: 
 
 inherent liehavior at _________________________________________ 107 
 
 oilieers, etc., ir uniuended to attend ___________________________ 107 
 
 Double amenability: 
 
 in ra><- nf dii.rd.-r m-ar |*mt ___________________________________ 56 
 
 tn civil ami military jurisdictions ------------------------------ 14 
 
 Drunkenness: 
 
 at guard mounting ____________________________________________ 17 
 
 at post or in (platters, limit of putii-hment _________________ 
 
 mi ilntv, f.inii fi i har^c _______________________________________ 133 
 
 in ilutx. limit- nf punishment _________________________________ 54 
 
 on duty. i.ffen-- nn-lei :'.Mli Arti.-l.- ___________________________ 17, 1'Ci 
 
 Drunkenness and disorderly condact: 
 
 form for < harp' _____________________________________________ 137 
 
 limits nf |nitii-liiuent ------------------------------------------ 56 
 
 near post causing conviction by civil authorities ---------------- 66 
 
 Duel: 
 
 challenge to fight ______________________ ..... ______ ..... _______ in;. 
 
 .-ndini;. ac.'.-ptini: .-liallenKe. etc ______________________________ 103 
 
 upbraiding for refusing challenge ______________________________ 103 
 
 Mm \ : 
 
 < iiiiniviiiv at liiiiiiR ___________________________________________ 105 
 
 liiring... ..... _____________________________________ ..... ______ Ui5 
 
 of deceased officers and soldiers ___ ___________________________ 122, 123 
 
 .if ,-., -april prisoners ___________________________________________ 68 
 
 Embezzlement : 
 
 of I'liit.-,! Stat.- |.n.|.rrty _____________________________________ ;,f. 1 I 1 
 
 offense under fi'Jil Article, limit of punishment ________________ 
 
 specifications for, to state value ! |'i"|Tty _____________________ 
 
 Enemy: 
 
 correspomlrnre with _______ ---------------------- l"i; 
 
 misbehavior before _______________ _ ____________________________ 106 
 
 r.'lii '\intr. liarlioiiim ft.- ______________________________________ ion 
 
 trading with __________________________________________________ 123 
 
 Enlistment: 
 
 fraudulent, definition of ________________________________________ 14 
 
 fraudulent, forms for charges ------------------- _ ------------ i:'.l. !.(> 
 
 fraudulent, limits of punishment _____________________________ 
 
 fraudulent, offense under 62d Article ___________________________ 112 
 
 oath of ______________________________________________________ 
 
 of certain classes prohibited ___________________________________ 98 
 
 unlawful, penalty for making --------------------------------- $8 
 
INDEX. 199 
 
 Escape of prisoner: Page. 
 
 disposal of effects of prisoner ___________________________________ 68 
 
 effect on jurisdiction of court __________________________________ 15 
 
 form for charge for suffering __________________________________ 137 
 
 limit for suffering _____________________________________________ 56 
 
 Evidence: 
 
 common law rules of, ordinarily followed _______________________ 44 
 
 proceedings of court of inquiry as ________ 1 _____________________ 122 
 
 Examination of witness. See Witness. 
 
 Experts : 
 
 employment and pay of _______________________________________ 42 
 
 Exposure of person: 
 
 limit of punishment ------------------------------------------ 56 
 
 False alarms: 
 
 penalty for cmiting___ 106 
 
 False certificate: 
 
 penalty for signing ___________________________________________ 101 
 
 False muster: 
 
 penalty'for making t _______________ __________________________ 99,101 
 
 penalty for signing, etc., roll containing _______________________ 101 
 
 False report: 
 
 by noncommissioned officer, limit of punishment _______________ 56 
 
 False return: 
 
 penalty for making ___________________________________________ 99 
 
 False swearing: 
 
 distinguished from perjury ____________________________________ 140 
 
 limit of punishment ___________________________________________ 55 
 
 Fees Of witness. See Witnei*. 
 
 Finding: 
 
 in case of virtual acquittal ____________________________________ 46 
 
 of guilty of lesser kindred offense ______________________________ 45 
 
 of guilty of part of specification _______________________________ 45 
 
 of guilty under general instead of specific article __, ----- 46 
 
 reviewing authority can not change ------------------------- _ 46 
 
 Fine: 
 
 as a punishment ______________________________________________ 48 
 
 See Forfeiture of pay. 
 
 prohibited ___________________________________________________ 48, 118 
 
 Forcing a safeguard: 
 
 offense of 
 
 Forfeiture of pay: 
 
 ;i~ a punishment] ___________________________________________ 48 
 
 can be made only in favor of United States --------------------- 49 
 
200 INDEX. 
 
 Forfeiture of pay Continued. 
 
 fur irreverent lichavior 107,108 
 
 for profanity IRS 
 
 forms for sentences to 165 
 
 of amount paid for apprehension ... in 
 
 remission of sentence 66 
 
 Forgery : 
 
 under 60th Article, limit of punishment 54 
 
 under ti-j.l Article, limit of punishment 65 
 
 Former trial: 
 
 plea of 30 
 
 1 o nil s : 
 
 for aci-iiiiiiis of civilian witnesses 171. I": 1 . 
 
 for accounts of reporter* 177 
 
 for cliarp-s i;{d 
 
 for interroirutories ami deposition : 
 
 for monthly n-jMirt of summary court cases ... l.'.i. 
 
 for record of summary court 
 
 for record of garrison court 
 
 for n-coid ,,f LT.-neral court H:i 
 
 for reconl of reifum-nta! court l.Vi 
 
 for return to halx-as corpus of State court 180 
 
 for return to hal.eas corpus of ( mted St.,!---. . ..uit 17:i 
 
 for revision of record, ^em-nil court 
 
 for ...ententes |i.| 
 
 for special onler publishing pn-ee<l,nrs 17s 
 
 for statement of serxice 1 H 
 
 for siil>p.i-n.( |ti. 
 
 t'oi Milip-i na for civilian witness liif, 
 
 for 8uhpu-i)ii for deposition 1U7 
 
 for summons for militaiy witness Ifi5 
 
 for surgeon's i.-p..rt on alle-,,| de-.-iter 141 
 
 lor warrant of attachment 168 
 
 Fort I.ea teiMiortlt. Kans. : 
 
 penitentiary for general prisoners 64,65 
 
 Fraud: 
 
 administration of oaths in in\e-tii;atioii of 
 
 offenses of. limit-ninth Artide llu 
 
 officer dismissed for 118 
 
 Fraudulent enlistment. See Enlistment. 
 
 Frays: 
 
 power to tjuell 1(1^ 
 
 refusing to obey officer, etc.. ijiielling, limit of punishment 
 
 Uamhlinp: 
 
 encouragement of, hy noncom. orh'cer. limit of punishment 
 
 (arrison rourt-martial. See <'<i>-i-iHitrii<il. 
 Garrison prisoners: 
 
 who designated as , ^ . 67 
 
INDEX. 201 
 
 General and special orders: Page. 
 
 as part of written military law 6 
 
 publishing proceedings 66 
 
 General court-martial. See Courts-martial. 
 
 General officers: 
 
 power of, to convene courts 13 
 
 sentences regarding 120 
 
 General prisoners: . 
 
 examined when released 69 
 
 jurisdiction over 15,80,126 
 
 who designated as 67 
 
 Good conduct in confinement : 
 
 abatement for 68 
 
 Good order: 
 
 officers to keep, in their commands 108 
 
 Grievances: 
 
 of officers 104 
 
 of soldiers 104 
 
 redress for 104 
 
 Guard: 
 
 drunkenness on, form for charge 133 
 
 drunkenness on, limit of punishment 54 
 
 drunkenness on, offense of 105 
 
 for prisoners conveyed to place of confinement 68 
 
 member of, drinking with prisoner, limit of punishment ... 56 
 
 prisoners delivered to, charges against 9 
 
 prisoners under charge of, when released 9 
 
 quitting, form for charge __ 133 
 
 quitting, limit of punishment : 54 
 
 quitting, offense of 106 
 
 Guard duty: 
 
 as a punishment, forbidden 49 
 
 Guard mounting: 
 
 drunk at, limit of punishment 54 
 
 Habeas corpus: 
 
 forms for return to writ of 179-181 
 
 injunctions as to returns 35,70,181 
 
 minority as a ground for, brief 182 
 
 otlirers served with, action required... __ 35,70 
 
 writ issued by State court 36,70,180 
 
 writ issued by United States court 35,70,179 
 
 writ issued in Philippines, etc 71 
 
 Harboring: 
 
 deserter 107 
 
 enemy . 106 
 
202 INDEX. 
 
 Hard labor: Page. 
 
 as ;i punishment |> 
 
 f"IMIS fur sentence,, to IgT) 
 
 power of inferior court to award 1 1;, 
 
 Hiring duty. S- I>,,t,j. 
 Horse: 
 
 limit of punishment for losing or spoiling 52 
 
 limit of punishment for >--llin^ 
 
 offense of selling, etc |n] 
 
 Hospital rook : 
 
 limit <>f punishment for absence from diit\ as 55 
 
 Hospital sergeants. 1st class: 
 
 .11 |e>| ()f __ ,S 
 
 con lineim -lit of g 
 
 jurisdiction over ]-> 
 
 m:i\ l.i- .lis, harire.l. t'Ut not i.,|ii,-,-l | - 
 
 pMiii-hment of 48 
 
 Hours of s, ssion: 
 
 article prcscriliinir, rrpralcil 117 
 
 not to inti-i-fi-iv with roiitin.- iliitn-> . 
 
 of summary court 7- 
 
 1 "f ] );; 
 
 Indccfiit exposure: 
 
 limit of punishment . . 56 
 
 Inferior courts-martial : 
 
 coiirts MI di->jgmiti-d ] _ 
 
 tliHponiti f records of 7;; 
 
 in-trurlioii- re^.inliiiK 1'J 
 
 piinishinc p.'\vi x n. r . 
 
 Inquiry, Courts of. See . . yn'r/r 
 
 Insane or Intoxlrated person : 
 
 enlistment ..f 98 
 
 Insubordination: 
 
 toward nonrommissioiied officer, limit of punishment 
 
 Interpreter : 
 
 employed hy order of court -J7 
 
 oath of 
 
 pa\ of J7 
 
 rerord i'1'latinji to . 1 |."i 
 
 Interrogatories and deposition. See /,,.-,',.,, 
 
 Introducing' liquor into ramp. < i< . : 
 
 limit of punishment 
 
 Irons on prisoner: 
 
 a- a punishment 
 
 removed on arraignment 
 
 reported to department commander 
 
INDEX. 203 
 
 Irreverent behavior: Page. 
 
 at divine service 107 
 
 Joint charges: 
 
 when allowed 17 
 
 Judge-Advocate General: 
 
 applications to, for copies of records 72 
 
 correspondence with 72,73 
 
 proceedings in certain cases forwarded direct to 72 
 
 revises and preserves records of general courts L 72 
 
 Judge-advocate of court-martial : 
 
 appointed by whom 20,114 
 
 authorized to administer certain oaths 28, 117 
 
 challenge of member of court-martial by 27 
 
 correction of charges by 23 
 
 duties of 23 
 
 now judge-advocate, record regarding 62 
 
 not challengeable 28 
 
 oath of '. 29 
 
 subpoenas by, how sent . 34 
 
 subscribes daily record, etc 24 
 
 warrant of attachment issued by 35 
 
 withdraws when court is closed 25 
 
 witnesses summoned by 33 
 
 Judge-advocate of department: 
 
 authorized to administer certain oaths 30,117 
 
 custodian of records of inferior courts 73 
 
 Jurisdiction of courts-martial. See Courts-martial. 
 
 Larceny : 
 
 by soldier from civilian 18 
 
 forms for charges of 135,139 
 
 offense of, in time of war 109 
 
 offense under 62d Article, limits of punishment 55 
 
 specifications for, to state value of property 55 
 
 Law of hostile occupation: 
 
 definition of .= 5 
 
 Laws of the land : 
 
 municipal ordinances, part of 100 
 
 Leaving post: 
 
 form for charge 133 
 
 offense of 105 
 
 Lewd exposure: 
 
 limit of punishment 56 
 
 Limitation, Statute of: 
 
 advantage of, how taken 33 
 
 effect of, on jurisdiction 33 
 
204 INDEX. 
 
 Limits of punishment. > .V.. ../,,(,// limits of pnnixhmenl. 
 
 Liquor: 
 
 iiitiodiu in. into camp, etc.. limit of punishment 56 
 
 Log: 
 
 puniHhmcnt by carrying heavy, prohibited 49 
 
 Losing or spoiling: 
 
 accoiiterments r clothing, through neglect, limit of punishment.. 52 
 
 ;n i Miiterim-nts or clothing, through ne^N-i t. off. n*.- of 101 
 
 h"i-e or arm-, through neglect, limit of punishment 5'2 
 
 horse or arms, through neglect, offense of lnl 
 
 Loan of rank : 
 
 a* a punishment 48 
 
 l.\ inir out of quarters: 
 
 offt'ii.... ,,f _ nil 
 
 Manslansrhti-r: 
 
 offense nf. in time nf \\;tr _______________________________________ 109 
 
 under 62d Article, limit <>f punishment ___________ ........... __ 
 
 March : 
 
 ilifferent CM rp. .i.-., on the ____________________________________ 1'J 1 ^ 
 
 Marine Corps: 
 
 i|i-iTter from _________________________________________________ S3 
 
 othVers of, us members of court* _______________________________ 11 
 
 Marking: 
 
 aa a punishment, furlijilili-n _______________________________ Is 11> 
 
 Martial law : 
 
 AS a domestic fact, definition <>f ________________________________ 5 
 
 as applii-'l t" the Arm\. detinitioii "f ___________________________ 5 
 
 Maximum limit of punishment : 
 
 by whom ptvsciil.H _______________________________________ 
 
 effect of previous conviction* ,.n _____________________________ 
 
 for desertion ________________________________________________ 
 
 for offenses in general _________________________________________ 57 
 
 of noncommissioned officer ___________________________________ 
 
 of soldi' i i <>n\j, ted of several offenses ________________ _________ 
 
 offenses not mentioned ________________________________________ 5& 
 
 Mayhem : 
 
 offense of. in time of war ______________________________________ 1"9 
 
 Mediral officer: 
 
 arrest of ______________________________________________________ 1 
 
 report of, in case of deserter _______ 
 
 report of. in case of general prisoner. _________________________ 
 
 report of, form for ____________________________________________ 141 
 
INDEX. 205 
 
 Members of courts-martial: Page. 
 
 absent, communicate cause to judge-advocate 22 
 
 absent during evidence, not to sit 28 
 
 assembling of 21 
 
 behavior of 22 
 
 court can not excuse from sitting 28 
 
 duty of judge-advocate to ascertain cause of absence of 143 
 
 liable for other duty 22 
 
 name/1 in order of rank 22 
 
 new member , (>2 
 
 oath of 28 
 
 questions by, how recorded 147 
 
 quorum for general court 12 
 
 seating of 22 
 
 uniform of 
 
 votes of, how given 
 
 who are eligible as 
 
 who believe themselves disqualified 28 
 
 Member of guard: 
 
 drinking liquor with prisoner, limit of punishment 56 
 
 Military Academy: 
 
 cadets not triable by inferior courts 15 
 
 superintendent may convene courts for cadets 13 
 
 Military commission: 
 
 object of, as military tribunal 6 
 
 Military discipline: 
 
 conduct to prejudice of, forms for charges 136 
 
 conduct to prejudice of, how charged 17 
 
 conduct to prejudice of, limits of punishment -_ 5-1-56 
 
 crimes, disorders, and neglects to the prejudice of 111 
 
 Military government: 
 
 definition of 5 
 
 Military jurisdiction: 
 
 how subdivided '. 5 
 
 source of 6 
 
 Military law: 
 
 definition of 5 
 
 sources of 5,6 
 
 Military tribunals: 
 
 classification of __. 6 
 
 Militia: 
 
 not triable by officers of Regular Army 11 
 
 officers as members of courts : 
 
 officers in United States service, rank of 122 
 
 Minimum : 
 
 report if court is below 12 
 
206 INDEX. 
 
 Minors: 
 
 offen>e <>f enlisting. \\ ithoiit consent of parents _______________ 
 
 Misbehavior before enemy : 
 
 offense of _____________________________________________________ 106 
 
 Misconduct in time of war: 
 
 abandoning post, etc ________________________________ 106 
 
 casting away arms, etc _________________________________ ____ v_- 106 
 
 changing parole or wati -liwonl _________________________________ 106 
 
 correxpntiili-iii with .-in-iny _____________ 106 
 
 cowardice __________________________________________________ KM;. 11* 
 
 disclosing parole or watchword, etc -------- UN; 
 
 false alarms ____________ ..... --------- !'" 
 
 forcing safeguard ___________________ ______________________ 
 
 intelligence t., enemy ____________________ ----------------- 10H 
 
 misbehavior I. efo,, enemy ----------------------- --------- I'*'. 
 
 l-illa^.- _________________________ Hi*'. 
 
 initting colors ___________________________ 106 
 
 relieving or harboring .-n.-my _______________ ....... ---------- X*; 
 
 various r rimes ______________________________________________ I' 1 ' 1 
 
 >liii-.n in,, of sentence: 
 
 of garrison or regimental court _______________________________ 
 
 of general court _______________________________ ----- r,l,6/i 
 
 of prisoner Ion* . ontin.-.! 1,,-foiv trial -------------------------- 66 
 
 of summary court -------------------------------------------- 
 
 Motion to strike out: 
 
 action of rinirt in case of __________________________________ ---- 20 
 
 Municipal ordinances: 
 
 part of ' luw> of tli.- land " ____________________________________ 1"'.' 
 
 Murder: 
 
 offense of, in time of war -------------------------- I" 1 .' 
 
 Muster, false: 
 
 offense of making ____________________________________________ , 1"! 
 
 offense of signing, etc., roll containing __________________________ 1"! 
 
 persons not soldier-- a- soldier* 
 
 receiving inoiiev, etc.. for "' 
 
 Mutiny: 
 
 beginniiii:. exciting, etc 102 
 
 compelling commamler to sui -rend.-r 
 fiulinK tt> re|M>rt and suppress 
 
 Nary: 
 
 deserter from __. 33 
 
INDEX. 207 
 
 Neglect of duty : Page. 
 
 by sentinel, limit of punishment f>(i 
 
 causing damage to public property 101 
 
 form for charge of 137 
 
 in failing to care for captured property 100 
 
 in failing to surrender criminals 109 
 
 to the prejudice of good order, etc 111 
 
 New member: 
 
 if evidence in, not to sit 28 
 
 record regarding 62 
 
 Noisy or disorderly conduct in quarters: 
 
 limit of punishment 56 
 
 Nolle proseqni : 
 
 court can not order 20 
 
 judge-advocate can not enter 23 
 
 Noncommissioned officer: 
 
 abuse <>f authority by, limit of punishment 56 
 
 arrest by, under 24th Article 102 
 
 arrest of _> 8 
 
 confinement of 8 
 
 disobedience of orders of, charged under G2d Article 131 
 
 disobedience of orders of, form for charge 137 
 
 disobedience of orders of, limit of punishment 55 
 
 encouraging gambling, limit of punishment 56 
 
 insubordination to, limit of punishment 55 
 
 jurisdiction over, by general court ! 15 
 
 jurisdiction over, by inferior court 16,126 
 
 limit of punishment of 58 
 
 making false report, limit of punishment 56 
 
 punishments for 48 
 
 reduction of, by summary court 77 
 
 reduction of, post noncommissioned staff, etc 48 
 
 using threatening or insulting language to 55 
 
 using violence to, etc., when quelling quarrel 52 
 
 Oaths : 
 
 court must be sworn at each trial : 28 
 
 for purposes of military administration 30,117 
 
 in investigation of frauds, etc 30,128 
 
 of enlistment 98 
 
 of members, judge-advocate, etc., of courts-martial 28-30 
 
 of members, recorder, etc., of courts of inquiry __ 83, 121 
 
 procedure during administration of 29 
 
 profane, penalty for using 108 
 
 to deposition 39 
 
 Objection : 
 
 to question how recorded 147 
 
208 INDEX. 
 
 Offense: 
 
 act a l>th civil crime and military _____________________ 1-1 
 
 against ]><T-on or property of civilian _______________ l"'.t 
 
 joint charges for _____________________________________________ IT 
 
 jurisdiction as regards ________________________________________ 1"> 
 
 no person tried twice for same --------- ---- 118 
 
 nut capital and to the prejudice, etc ____________________________ 111 
 
 ordinary, limit of punishment for ____________________________ 
 
 penitentiary _______________________________ + _________________ BO, 11 
 
 statute of limitation for _____________________________________ 
 
 charged with crime to be arrested ______________________________ < . 11-' 
 
 in arrest furui-li.-<l copy f charges ______________ _____________ 7. 113 
 
 jurisdiction 9VMT retired ______________________________________ 14 
 
 in. aning of wonl in Arti. 1- - <-f War _____________________ 
 
 retirement of. .- 
 
 to keep uood order in his command ---------------------------- 1"> 
 
 Officer of day : 
 
 din prisoner- and charges ______________________ 
 
 Ord.-rs: 
 
 i-oiiw-nin. 
 
 irriifi-al and -pf i:il piil.li-hiii^ pri-.--,!iin,' _____________________ f.T 
 
 in-gh-ct to comply with standing ___________________________ 
 
 of contract -IIILT<-,.II. .(.-.. diwl-di.-n. . I __________________ 
 
 of a iioncommi-^ion.-d oHicrr. disol.-li.-n.-c of ________________ I'M. \'.'<~ 
 
 of an ottic.-r. di>ot..-,li,-nce of ________________________ ..... ______ 1".: 
 
 of an otlii-t-r. disolmlii-nci- of. form for chargf ----------------- 
 
 trials liy -uniiiiars i-oiii't not pnl-h-ht-d in _______________________ Ti 
 
 Organization: 
 
 of courts- martial ______________________________________ 
 
 1'ardon: 
 
 by the President __________________________________________ 'I 
 
 li\ the iv\i. -\\ing authority ______________________________ . t'.J.TT. li'n 
 
 of pciiiti-ntiary prisoners ___________________________________ '! 
 
 I'arolo: 
 
 pi-nalt \ for changing ___________________________________ 
 
 Pay: 
 
 fal-r .-rrtiticati- n-latinir to. penalty for signing ------------- 1"! 
 
 forfeitni'e of. as a punishment 
 
 forfeiture of. only in fasor of Tinted State-. ____________________ 49 
 
 of ci\iliaii \\itness. vri\ini,' deposition ____________________ 40 
 
 of ,-ivilian witness ___________________ J ________________________ 4'_'. ll!7 
 
 .if i-ivilian witn.-ss. tender of ____________________________ -J7. :U. 1'J. l'J7 
 
 of interpreter _________________________________ ---------------- -7 
 
 of officer, suspension of _____________________ 
 
 of reporter ___________________________________________________ -' 
 
INDEX. - 209 
 
 Pay Continued. Page. 
 
 of reporter, form for 177 
 
 of soldier awaiting sentence 66 
 
 of soldier can not be assigned by sentence 49 
 
 of soldier, detention and retention not authorized 165 
 
 Pay Department: 
 
 civilian witness paid by 37, 43,'127, 171-177 
 
 forms of, for account of civilian witness 171, 173 
 
 form for account of reporter 177 
 
 instructions regarding payment of witness 174-177 
 
 interpreter and reporter paid by 27 
 
 Penitentiary: 
 
 clemency for prisoner confined in 64 
 
 confinement in, limit of 50 
 
 confinement in, offenses punishable by 50,118 
 
 erroneously designated in sentence 65 
 
 for military prisoners, at Fort Leavenworth, Kans 66 
 
 sentence to confinement in, mitigation of 65 
 
 sentence to confinement in, what to state 60 
 
 sentence to confinement in, when legal 60 
 
 unless sentence authoriy.es, confinement in, illegal 65 
 
 when department commanders may designate 66 
 
 Perjury: 
 
 false swearing distinguished from 140 
 
 form for charge 140 
 
 limit of punishment 55 
 
 Persuading soldier to desert: 
 
 limit of punishment j. 54 
 
 offense of 107 
 
 Plea: 
 
 accused stands mute 32,117 
 
 of guilty, statement inconsistent with 32 
 
 of guilty, testimony after 32 
 
 special, of second enlistment 33 
 
 special, of statute of limitation 33 
 
 special, procedure in case of __ 32,33 
 
 special, to the jurisdiction, etc 32 
 
 special, in abatement or in bar 32 
 
 Post: 
 
 abandoning, etc 106 
 
 sentinel sleeping on or leaving 105 
 
 sentinel sleeping on or leaving, forms for charges 133 
 
 Post commander: 
 
 charges laid before the 19 
 
 charges usually presented to, by old officer of day 9 
 
 3609 14 
 
210 INDEX. 
 
 Pout commander Continued. Papp. 
 
 determines when and what cases go to summary court 75,78 
 
 forwards charges for serious offenses 19 
 
 forwards completed proceedings of ceitain courts 73 
 
 furnishes company commanders copies of summary roiirt record. 79 
 
 furnishes detail to execute warrant of attachment 35 
 
 may use discretion regarding trial for minor offenses 
 
 mtist act as summary court in certain coses 74 
 
 must jM-rsonally investitrat'' . -liaises fi.i \\ aided 19 
 
 refers charges for minor offenses to summary court 1." 
 
 reports number of cases tried hy Mimmary court 715 
 
 Post noncommissioned -lall': 
 
 max he discharged hut not i''diioed 4S 
 
 unless they ot.j.-. t, may ! tri-il hy inferinr cmirts !''. 1'J''. 
 
 Postponement : 
 
 application for, when made 
 
 extended de|a\ wanted 31 
 
 on account of al>seiit witness 31 
 
 Post return: 
 
 otl.cer> \\ ho act as summary court. re|mrted on 7:* 
 
 Precedence: 
 
 military ordinarily L-i\- -, t" ivil court 14 
 
 President of a court-martial: 
 
 duties of 
 
 the ollicer lii^liest in rank on court '-' 
 
 President of the Tnlted States: 
 
 a- eoiinrniiiiK authority ' t ~- 
 
 as convening authority 1-. !" 
 
 . i. -\\ inu authority 1 63,64 
 
 limits of punish nt pre-.criiMit hy 
 
 in. iv order i-ourts of inquiry l-l 
 
 must apjM)int court in ceii 13 
 
 pardoning power of 
 
 proceedings of courts appoinied hy, f..r\\arde,i \ of 
 
 War - 7- 
 
 prtH- ceilings of eourts to he confirmed l>\. forwarded to Judp-- 
 
 Advocate General 
 
 usiiii: contemptuous words re^ardinj? 1"- 
 
 Prcvlous convictions: 
 
 hy civil court, inadmivihle 47 
 
 by courts-martial, e\ idence of 46,57 
 
 consideration of 19 
 
 consideration of. hy summary court 7'- 
 
 effect on punishment-.. 
 
 evidence of, how recorded 151,154 
 
INDEX. 211 
 
 Previous convictions Continued. Page. 
 
 evidence of, submitted with charges 19,57,76 
 
 evidence of, when admissible 57 
 
 evidence of, when received by court 47 
 
 meaning of 46 
 
 not limited to those for similar offenses 47 
 
 proper evidence of 47,57 
 
 Prisoners : 
 
 abatement allowed 68, 69 
 
 confinement of, after trial 67 
 
 confinement of, before trial 8 
 
 counsel for '25 
 
 duty of officer receiving 9 
 
 escaped, effects of 68 
 
 forwarded to place of confinement 07 
 
 general, physically examined when released 69 
 
 not to be arraigned in irons 21 
 
 penitentiary, clemency for 64 
 
 placed in irons, report regarding 67 
 
 releasing without authority, offense of 113 
 
 report of, when and by whom made 9 
 
 suffering, to escape, form for charge . 137 
 
 suffering, to escape, limit of punishment for 56 
 
 when to be separated 8,9 
 
 without charges against, when released 9 
 
 Procedure of courts-martial. See Courts-martial. 
 
 Proceedings of courts-martial: 
 
 action on, by reviewing authority 63 
 
 application for copy of 72 
 
 appointed by the President 72 
 
 authentication of 24,61 
 
 communications relating to 72 
 
 general, revised by Judge- Advocate General 72 
 
 general, where filed and kept 72 
 
 inferior, where filed and kept 73 
 
 orders, general and special, publishing 
 
 orders, publishing, how dated * 66 
 
 requiring confirmation by the President 64,72 
 
 See also Record of proceedings. 
 
 Proceedings of courts of inquiry: 
 
 authentication of 122 
 
 record of, as evidence 122 
 
 Profanity : 
 
 penalty for using 
 
 Prosecutor: 
 
 can not convene general court -.... 13 
 
212 INDEX. 
 
 Provisions Page. 
 
 \ iolfiire to persons bringing, to camp 108 
 
 Public stores: 
 
 takm from enemy, secured for United States ItKi 
 
 Punishment : 
 
 hall ami .-Lain l> 
 
 braniiiiiK prohibited Iv UN 
 
 by carrying heavy log 40 
 
 .liscretionary or fixed 48 
 
 effect "f prexiou-; con virtiotis on 
 
 Hogging forbidden I*. 1 !> 
 
 for contempt <>f court ll' ; 
 
 forfeiture, in favor of United States only 49 
 
 for officers 48 
 
 for soldiers 
 
 guard duty, as, forbidden 49 
 
 imprisonment hey I ti-nn of enlistment 11. I-" 
 
 limits of. S.-i- .V.i '/mi,,/, limil >,(. 
 
 of post noncommissioned staff aid hospital K K t8. (1st class) 48 
 
 proper amount of 
 
 penitentiary 50, IIS 
 
 power of n-viewinj: aiitliority rp.-pcrting... 
 
 Bolitarv . oiifinriiient _ 49,59 
 
 substitutions for prescribed - 59 
 
 tattooing forbidden 48,118 
 
 Ouarrt Is : 
 
 authority to ,]ii.-ll H>2 
 
 ivfnMiiK to oJu-v nonconi. officer quelling, limit 52 
 
 (fuartors: 
 
 IVI'IIK <it of, without leave 104 
 
 Oiiitlini.- i-iianl : 
 
 form for charge 
 
 limit of punishment 
 
 offrllM' Of * 106 
 
 Ouoriim : 
 
 for g'iii-ral i-oiirt 
 
 Rank: 
 
 loss of, as punishment 
 
 of im-mbers of courts 
 
 of militia otli, rr> on duty with regulars 122 
 
 of regular and volunteer officers 122 
 
 Mi>pfiiJion from 
 
 Kap.-: 
 
 ofTcnsf of. in time of war 
 
 Ufcoiiinicnilatioii to rh-nienc) : 
 
 not to be embraced in sentence 
 
 who should sign _. & 
 
INDEX. 213 
 
 Record of proceedings: Page. 
 
 accurate, to be kept 61 
 
 accused entitled to copy of 121 
 
 application for copy of 72 
 
 authentication of 24,61,122 
 
 copy, if furnished during trial 26 
 
 copy, carbon, how authorized 27 
 
 copyable ribbon to be used J 61,142 
 
 daily, subscribed by judge-advocate 24,61 
 
 disposition of 72 
 
 documents made pa'-t >f 150 
 
 forms for. See Foni/s. 
 
 forwarded to reviewing authority 24 
 
 hours of session noted in 143,152,156 
 
 must contain a complete history of case 62 
 
 of closed session 62 
 
 of summary courts, copies furnished : 7!) 
 
 presence of members, how recorded 143 
 
 previous convictions, evidence of, recorded :., 151,154 
 
 reading of record of preceding day 61 
 
 recommendation, where recorded 62 
 
 ic vision of 63 
 
 statement of accused, when written, signed, etc 150 
 
 statement nf service not part of record 62 
 
 See also Proceedings of courts-martial. 
 
 Recruits : 
 
 articles of war to be read to 98 
 
 Redress of wrongs: 
 
 of citizens 108 
 
 of officers 104 
 
 of soldiers. 104 
 
 Reduction to ranks: 
 
 as a punishment 48 
 
 by summary court 77 
 
 form for sentence for 164 
 
 in rase of previous convictions 58 
 
 of first-class privates 58 
 
 of noncommissioned officers 58 
 
 prohibited as to post noncom. staff and hospital sgts. (1st class) 48 
 
 Regimental courts-martial. See Courts-martial. 
 
 Regulations: 
 
 part of written military law 6 
 
 Relieving the enemy: 
 
 offense of 106 
 
 Remission: 
 
 of forfeiture .-, 66 
 
 of sentence 64,77,120 
 
214 INDEX. 
 
 Reporter : Page. 
 
 how authorized 26,86 
 
 in special cases 26 
 
 no compensation for, if in Government service 27 
 
 oath of 30 
 
 pay of 27,86 
 
 pay of, form for account 177 
 
 sworn in each case 1 28 
 
 Report, false : 
 
 by noncommissioned officer, limit of punishment 56 
 
 Report of summary court cases: 
 
 form for... 166 
 
 forwarded monthly 73,126 
 
 Where tile. I 73,126 
 
 Report of surgeon on deserter: 
 
 form for 141 
 
 Reprimand: 
 
 as a punishment 48 
 
 Reproachful language: 
 
 jienalty for iisim: 103 
 
 Retainers to camp: 
 
 jim>ilirt ion over 15 
 
 Retired officers: 
 
 ineligible aa members of courts 1 1 
 
 j mix lie tic >n over 11 
 
 Retired soldier*: 
 
 jurist lie ti< >n over 1-1 
 
 Retirement of officers: 
 
 on tiii'ling of retiring txmnl. See l{>tiriinj l>ard. 
 (>n }-<iiii"ticii I'.riiiiiiiiiilinn (<n I i >f Ortuher 1, 1890) 
 
 disability in line of duty, with higher rank 
 
 timling by board , !:', 
 
 tin. ling of board, action on 
 
 line of duty, meaning of 93,94 
 
 record, authentication of '."' 
 
 Retiring boards: 
 
 challenge for cause 87,88 
 
 constitution and composition 86 
 
 finding 90 
 
 finding, action on 91 
 
 finding, cause of disability 88,89 
 
 ti inlin^r. conclii.-ive 
 
 form for order and record 160 
 
 hearing, right of officer to 86 
 
 oath of members 87 
 
INDEX. 215 
 
 Retiring boards Continued. Page. 
 
 oath of recorder 87 
 
 powers of 87 
 
 procedure of 87,88 
 
 proceedings, record of 160 
 
 proceedings, carbon copies, how authorized 27 
 
 recorder of 85 
 
 stenographic reporter for 85 
 
 See Retirement. 
 
 Retreat : 
 
 failing to retire at, offense of 105 
 
 Returns: 
 
 false, penalty for making 99 
 
 of regiments, etc., made monthly 99 
 
 penalty for not making 99 
 
 Reviewing authority: 
 
 action of the President as 63,64 
 
 approval of sentence 63 
 
 can not change finding 46 
 
 can not change sentence . 65 
 
 can not delegate authority 64 
 
 can not increase punishment awarded 65 
 
 can not postpone sentence of dishonorable discharge 66 
 
 may change place of confinement 65 
 
 may direct revision of record 63 
 
 mitigation by 64, 77, 120 
 
 mitigation by, for long confinement before trial 66 
 
 of garrison court 80 
 
 of general court < 64 
 
 of regimental court 81 
 
 of summary court 77 
 
 orders of, publishing proceedings 67 
 
 orders of, remitting forfeiture 66 
 
 pardoning power of 64 
 
 suspension of sentence by 65 
 
 Revised Statutes: 
 
 certain, part of written military law 6 
 
 s.Ttion 1343, as to spies 123 
 
 sections 5306 and 5313, as to trading with enemy 123, 124 
 
 Revision of record: 
 
 by whom directed 63 
 
 can only be made by court 63 
 
 form for 153 
 
 Reward for apprehension : 
 
 when stopped against soldier's pay 
 
 Robbery : 
 
 offense of, in time of war 109 
 
 to the prejudice of, etc., limit of punishment _- 55 
 
216 INDKX. 
 
 Sa IV IT uard: 
 
 penalty for forcing I"' 1 
 
 Saloof Yictuals, etc.: 
 
 Duty. .etc.. upon or interest in l (| l 
 
 Seating of court : 
 
 at TaiiL'einent of seats 
 
 member- sit in nnicr of rank 
 
 Srrrctar) of War: 
 
 application for clemency forwarded to 
 
 applied to when expert witnesses an- iiec. -- 
 
 approval of, for contiiii-nii-nt in State penitentiary '' 
 
 certain proceeding- forwarded .lin . t to . . 
 
 Sedition: 
 
 lieu'inniiii:. exritinn, etc 102 
 
 failure to report or siippr. K 1 - 
 
 Srlllnir rlotliiiiu'. Hr. BM OtoWiq 
 Sciitcnrr: 
 
 al<ati-iiii-nt of. for -TOCM I i-otiilin-t 
 
 approval tiv n'vj.-\vin^ authority 
 
 ,-onlii ination .y th.- I'n-i.l, nt 
 
 i ontcinplatint; payim-nt of -i.ii.-.| MIDI 
 
 .iat<- of coniiiicii. .-nifiit of 
 
 .li-lioiiiralil' ili-cliaix-. i-fTcvt m nni-r\r.l .ntiin-.i:fnt 
 fi.rfi-itiir.- for < -i-rtain niiiii'.-i of month* 
 
 forms for 
 
 iiiUM-.-in- i i -luty. f.irt.i.l.li-n 
 
 in I-M-I-SS ,,f l.-^al limit *>6 
 
 mraiiinu of \vonl <lay in 
 
 mitigation for contiiH-mciit before trial 
 
 not op.-rathi- li.-fon- < milii ination 
 
 of an olVn-i-r for <-o\\anlir fraud 
 
 of ilcatli, ron tinnat ion of 1 ' '' 
 
 of dcatli. Mi>p<-n<ioti of 
 
 of death, \oti- ujK)n 
 
 of dismissal in time of p. :, 
 
 of tlismi->al in time of war 
 
 of diMni->al, siisi-ensioti of 
 
 pardon or mitigation of 
 
 jienitentiiiry erroneously di-nate.l iu 
 
 proi-edure when awar.linc 
 
 punislimcnt diM-retionary. limit a~. -ertaini d 
 
 recommendations not emhraced in 
 
 respiM-tintr .irein-ral otlu-i-ra 
 
 reviexvintr autliority < an not <-liange 
 
 second, lieirins \\hen 
 
 to confinement at post 
 
 to confinement, begins when 
 
 to confinement, iu penitentiary for ov. 66 
 
INDEX. 217 
 
 Sentinel: Page. 
 
 allowing prisoners to obtain liquor, limit of punishment 56 
 
 disclosing or changing watchword 106 
 
 disrespect to, limit of punishment 56 
 
 drinking with prisoner, limit of punishment 56 
 
 leaving post before being relieved 105 
 
 quitting post to pillage 106 
 
 resisting or disobeying, limit of punishment *. 56 
 
 sleeping on post, form for charge 133 
 
 sleeping on post, offense of 105 
 
 suffering prisoner to escape, form for charge 137 
 
 suffering prisoner to escape, limits of punishment 56 
 
 Soldier: 
 
 charged with crimes to be confined 112 
 
 effects of deceased, disposition of 123 
 
 jurisdiction over retired 14 
 
 meaning of word in Articles of War 98 
 
 Solitary confinement: 
 
 limit of 49,59 
 
 Special orders. See General and special orders. 
 
 Specification : 
 
 instructions for drawing 18 
 
 Spy: 
 
 confirmation of sentence of 119 
 
 jurisdiction over 15 
 
 statute relating to 123 
 
 Staff officer: 
 
 as summary court 71 
 
 Standing mute. See Plea. 
 
 Standing order: 
 
 neglect to comply with 131 
 
 Statement: 
 
 accused may submit 45 
 
 inconsistent with plea 32 
 
 record of 150 
 
 Statement of service: 
 
 form for 141 
 
 not part of record 62 
 
 to accompany charges ,. _ 19 
 
 TStatute of limitation. See Limitation, Statute of. 
 
 Stores : 
 
 accountability for military 100 
 
 military, lost, spoiled, etc 101 
 
 public, taken from the enemy ^~~^*. ~- 100 
 
:> 1 S INDEX. 
 
 Striking superior officer: Pag' 1 . 
 
 funn for . h.-inje 13L 
 
 offense of 102 
 
 Sul)|Hi>n:i (or 8*mm : 
 
 liy i-ivil court 41 
 
 forms for 1 - 165-167 
 
 officer or w>Mii-i receiving 
 
 proof of -er\ 
 
 -cut through military channels 
 
 nent with interrogatories 
 
 MTTtoftOf -- 34, 35 
 
 Substitution of punishment: 
 
 ml.- for 
 
 Suffering prisoners to escape: 
 
 forms for chari:es 
 
 limits of punishment 
 
 Summary court. < <'iirt*-in<irti<tl. 
 
 S ii inlay: 
 
 trial-, on, l>v siinimai \ court "^ 
 
 Superintendent, 1 . S. Military Academy: 
 
 coiivcm s court- for trial of .-ailt-ts 13 
 
 surireon: 
 
 coiitrai-t. in>-lii;ill'- a> IIII-III|M-|- of court 
 
 fxamiiH-- -riirial j.ri>on-r-< n rd'-nso 
 
 rrpoit of. to .11 compair. 
 
 i. port of, to acconipanv charts, form for HI 
 
 Surrender: 
 
 . onip.-llini: commander to . 
 
 Suspension: 
 
 ;ts a pmiNhin.'iit 
 
 from rank ami i omniand 
 
 of pay ami cmolum. nts 
 
 of >,.ntcnc. of .Icatli or .li>mial - 64,65. li:. 1'JO 
 
 Tattooing: 
 
 a- a punishment, forl.i.Men 
 
 Territorlality: 
 
 as afT.rtiiiK juris.lictioti 
 
 Testimony: 
 
 corrections in 62, 14" 
 
 reading of til. 117 
 
 Threatening and insulting lansruaife: 
 
 limit of punisbint'iit for using, to noncom. ofticci 
 
 Trading with the enemy: 
 
 statutes relating to - - - 123,124 
 
INDEX. 219 
 
 Trial : Page. 
 
 delay in, by summary court 75 
 
 for officers summarily dismissed , 15 
 
 hours of. See Hours of session. 
 
 on Sunday, by summary court 78 
 
 postponement of 30, 117 
 
 second, for same offense 118 
 
 Typewriter: 
 
 copyable ribbon to be used in court-martial records 61, 142 
 
 Uniform : 
 
 of accused 21 
 
 of judge-advocate 21 
 
 of members _T 21 
 
 of military witnesses : 21 
 
 Veterinarians. See Contract Surgeons, etc. 
 
 Victuals, etc.: 
 
 duty upon or interest in 101 
 
 Voiredire: 
 
 examination on 28, 144 
 
 Volunteers: 
 
 officers of, as members of court 11 
 
 regular officers can not try 11,114 
 
 Vote: 
 
 method of taking 22,60 
 
 tie 22 
 
 upon death sentence 60,118 
 
 Warrant of attachment: 
 
 by whom issued , 35 
 
 force necessary to execute 35 
 
 form for 168 
 
 officer executing, served with writ of habeas corpus 35 
 
 procedure in issuing 35,36 
 
 summary court can not issue i 75 
 
 Watchword : 
 
 penalty for disclosing or changing 106 
 
 Witness: 
 
 accused as 44 
 
 attachment of. See Warrant of attachment. 
 
 attendance of, civilian, how procured 35 
 
 attendance of, in capital or special cases 40 
 
 attendance of military, how procured 37,39,41 
 
 attendance of, without State, etc 38 
 
 civilian, refusing to appear or testify, punishable 36, 42, 127 
 
 departure of 41 
 
 deposition of. See Deposition. 
 
 examination of, manner of . 44 
 
220 INDEX. 
 
 examination of, rules to he followed ___________________________ H 
 
 examination i-f, witnesses separate,! ____________________________ 44 
 
 expert*. employment and pay of _______ _____ I- 
 
 fees of. before civil court ________________________________________ i:> 
 
 fee-, etc.. ,,f. payable l.v Pay D.'|,artiin-nt ___________ ----- 43 
 
 fees of. certificate "f atten. lance ________________________________ 43 
 
 t Civilian, in Government employ _____________ TJ 
 
 ..f civilian, not in (ioverniueiit i-m]i|i-y ------- 43 
 
 ' Chilian, payment or teiidwof _______________________ 34. 1'J. 1'JT 
 
 fees of, forms 1-<r accouutfl ___________________________________ 171, 17:5 
 
 f.-c... ,,f, instructions r-'iranlini: ____________________________ 171 177 
 
 oath of ___________________________________ ..... ______________ 
 
 privilege ..f ______________________ -- 3X. ! 
 
 uniform of ___________________________________________________ 
 
 \Youmllni?: 
 
 with intent t.. kill, etc., in time ,,f uar ____________ ...... ------- lot. 
 
 - ** of \crongs. 
 
3 7U