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FORMS OF PROCEDURE
FOR
COURTS AND BOARDS
IN THE
l^AVY AND MARINE CORPS
PUBLISHED BY AUTHORITY OF THE SECRETARY OF THE NAVY
OF THE ■;
University
g^?§
WASHINGTON
GOVERNMENT PRINTING OFFICE
1910
■•♦
^
Department of the Navy,
Washington, January 7, 1910.
The following forms of procedure for courts, boards, etc., based
largely upon previous publications on the same subject, are approved
and published for the information and guidance of the naval service.
While the phraseology used need not be absolutely adhered to, yet
the procedure laid down should be strictly followed, as it has received
the Department's approval and deviation therefrom may be fatally
irregular and erroneous.
G. V. L. Meyer,
Secretary of the Namj,
3
108616
CONTENTS.
Page.
Notes concerning the manner of making up records 9
General courts-martial :
Incidents of trial 13
Procedure 17
Procedure in revision 50
Forms 54
Fees and mileage to civilian witnesses 70
Regulations and instructions for drawing up charges and specifications 83
Specimen charges and specifications 89
Notes on evidence 135
Summary courts-martial:
Incidents of trial , 151
Procedure 156
Specimen specifications 167
Procedure in revision 175
Deck courts 179
Schedule of punishments, summary and deck courts 185
Courts of inquiry:
Ordinary case 191
Loss or grounding of vessel 199
Forms 203
Investigation 211
Board of investigation 217
Board of inquest 223
Naval examining board 229
Board of medical examiners 243
Naval retiring board 251
Board of selection for retirement 261
Marine examining board ■ 269
Marine retiring board 285
Articles for the government of the navy 293
Limitations to punishments in time of peace 313
Index 321
5
NOTES CONCERNING THE MANNER OF MAKING UP
RECORDS.
NOTES CONCERNING THE MANNER OF MAKING UP RECORDS.
Written legihly; corrections, etc. — Records of all kinds shall be writ-
ten neatly and legibly, whether by hand or on typewriter, without
erasures or interlineations, as far as practicable; but if corrections
should be necessary they shall, when made, be initialed by the judge-
advocate or recorder. An undue number of corrections or lack of
neatness in making them will be sufficient cause for returning a record
for rewriting. Both sides of the paper shall be used when written
by hand.
Numhering and marJcing of pages and documents. — The pages of the
record shall be numbered in the middle of the margin at the lower
edge. Documents relating to the organization of the court or board
shall be marked with capital letters and instruments of evidence with
numbers; all such marks must be boldly and distinctly made and
placed in the lower right-hand corner of the page or sheet.
Modifications of precept. — The modifications of the precept, or
convening order, are those which are signed and issued by the
convening authority, and they must not be confused with orders to
perform the duty on the court or board which are issued separately
by the Bureau of Navigation, the Commandant of the Marine Corps,
or convening authority, as the case may be. These modifications of
the precept must appear as a part of every record where changes
have been made in the composition of the membership.
Absence of members. — In case of the absence on authorized leave or
on other duty of members, a copy of the orders permitting or directing
such absence must be appended.
Corrections to testimony. — When a witness makes corrections in his
testimony a note in red ink shall be made opposite the place in the
left-hand margin of the record. This note shall refer to the page
where the corrections are shown.
Order in wTiicTi documents appended. — In making up records each
document or exhibit shall be prefixed or appended, as may be required,
in the precise order in which it is introduced. All papers of a similar
character, such as reports on fitness, communications concerning
indebtedness, medical surveys, etc., shall be arranged together in
chronological order with the earliest coming first.
9
10 PKOCEEDINGS OF A GENEKAL COUKT-MARTIAL.
Cover sheets. — ^A neat cover sheet shall be prefixed to the whole
record, following the appropriate form herein prescribed. At the end
of the record; following all appended documents, there shall be
attached one or more blank sheets to provide for the action of higher
authorities and as a protection to the record. The date on the front
cover sheet shall be the date when the court or board convenes.
Manner of hinding record. — The record, before being forwarded to
the convening authority, must have all the pages, documents, and
exhibits securely bound together by at least two through fasteners at
the top margin, and care shall be exercised to see that the fasteners
are through every such page, document, and exhibit. If the exhibits
are objects which do not permit of being secured in the manner above
indicated, they shall be otherwise attached so as to prevent the pos-
sibility of loss.
Aid in preparation of record. — The several steps in the procedure
of any court or board may be assigned consecutive numbers by the
judge-advocate or recorder. Such numbers may then be used to
facilitate keeping the routine record of the case when there is no
stenographer, but they shall not appear in the smooth record.
Notes to he followed. — The notes interspersed through the general
court-martial procedure should be consulted as there is much therein
that applies as well to other courts and boards.
Index for lengthy cases. — If a general court-martial case, or that of
a court of inquiry, investigation, or board of investigation, exceeds
twenty pages in length, it shall be preceded by an index showing
upon what page each step of the trial and of the examination of the
several witnesses, giving their names, may be found; also, in case a
witness corrects his testimony, the pages where such correction is
referred to and where made.
GENERAL COURTS-MARTIAL.
11
General Courts-Martial.
Incidents of a Trial by General Court- Martial.
1. Court meets.
2. Provost-marshal reports.
3. Stenographer introduced.
4. Accused introduced.
5. Accused signifies wishes as to counseL
6. Counsel, if any, introduced.
7. Precept and other documents relating to organization read.
8. Challenge of members.
9. Judge-advocate sworn by president.
10. Members sworn by judge-advocate.
11. Stenographer sworn by judge-advocate.
12. Has accused received copy of charges and specifications? When?
13. Court cleared to examine charges and specifications.
14. Court opened and court's decision announced.
15. Accused asked if he is ready for trial (motions, etc.)
16. Letter of transmittal and charges and specifications read.
17. Arraignment (pleas).
18. Prosecution begins.
19. Prosecution ends.
20. Defense begins.
21. Defense ends.
22. Rebuttal.
23. Surrebuttal.
24. Statements or arguments.
25. Trial finished.
26. Judge-advocate informs court as to previous convictions.
27. Court cleared for deliberation on finding.
28. Judge-advocate recalled to record finding.
29. Court opened to receive evidence of previous convictions, if any.
30. Court cleared for deUberation oji sentence.
31. Judge-advocate recalled to record sentence.
32. Court opened.
33. Adjournment.
13
Case of
Lieut. X Y. Z , U. S. Navy.
June 21, 1909.
RECORD OF PROCEEDINGS
OF A
General Court-Martial
CONVENED AT
THE NAVY-YARD, PHILADELPHIA, PA.,
BY ORDER OP
THE SECRETARY OF THE NAVY.
Var. 1. convened on board the U. S. S. Ohio by order of the
Commander in Chief, U. S. Atlantic Fleet.
Var. 2. at the naval station, Cavite, P. I., by order of the
Commandant of said station.
Var. 3. on board the U. S. S. by order of the Com-
mander in Chief, Squadron for Special Service.
Var. 4. on board the U. S. S. by order of the Com-
mander of Third Division, and Commander in Chief Detached
Squadron, U. S, Pacific Fleet.
Record in revision.— The proceedings in revision must form a separate and complete
record, which should be prefixed to the record of which it is a revision.
Copy furnished.
Var. Copy waived.
16
FIRST DAY.
Navy- Yard, Philadelphia, Pa.,
{U.S.S.OUo,off ),
Monday, June 21, 1909.
The court met at 10 a. m.
Hours of sessions.— A naval court-martial may hold sessions at any hour of the day,
as may be desirable.
Present :
Captain A B. C. , U. S. Navy.
Commander D E. F , U. S.'Navy.
Captain G H. I , U. S. Marine Corps.
Lieutenant J K. L , U. S. Navy.
Lieutenant M N. O , U. S. Navy.
First Lieutenant P Q. R , U. S. Marine Corps, and
Lieutenant (j. g.) S T. U -, U. S. Navy, mem-
bers, and First Lieutenant V V. W , U. S.
Marine Corps, judge-advocate.
Sittings of court.— The court is required to sit from day to day, Sundays excepted,
until a sentence is given. An adjournment for a longer period than twenty-four hours
taken during the trial of a case before the court must appear on the record to be by
authority of the convening power. This requirement does not apply to adjournment
from one case to another.
Proceedings not delayed.— When the proceedings of the court are once begun they
should not be suspended or delayed on account of the absence of any of the members so
long as five are present. If the court is reduced below that legal quorum, the convening
authority should at once be notified by letter, a copy of which should be appended to
the record.
Record of each case complete.— The record of proceedings of each case must be com-
plete in itself, without dependence on or reference to any other.
Senior member is president.— The senior member present is always president of the
court by virtue of his seniority.
Responsibility of president.— The president is responsible for the trial being con-
ducted in the proper order and in accordance with law, Navy Regulations, and the
procedure herein prescribed.
First Lieutenant C B. A , U. S. Marine Corps, re-
ported as provost-marshal.
Detail of provost-marshal, etc.— Prior to the first meeting of the court,the president
should, if necessary or desirable, request the commandant or the senior officer present
to appoint a provost-marshal and an orderly for the court.
F E. D , clerk (stenographer, interpreter) entered.
The accused entered and stated that he wished to have Ensign
I H. G , U. S. Navy, act as his counsel; the request was
granted and counsel entered.
8483—10 2 17
18 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Counsel for accused.— When the accused has no legal adviser, the commandant of
the navy-yard or station, the commander in chief, or the senior officer present, within
, whose jurisdiction the court sits, shall, if the accused so requests, detail a suitable officer
to act as his counsel. If there be no such officer available, the fact shall be reported to
the convening authority for action.
Duties of counsel.— An officer so detailed shall perform such duties as usually devolve
upon counsel for defendant before civil courts in criminal cases. As such he should
guard the interests of the accused by all honorable means known to the law, so far as they
are not inconsistent with military relations.
Accused advised of rights.— Enlisted men to be tried shall be particularly advised
of their rights in the premises, and counsel detailed for them, if practicable, unless they
explicitly state that they do not desire such assistance.
Var. 1. stated that he did not wish counsel.
Var. 2. stated that he desired counsel, and the comman-
dant (commander in chief) (senior officer present) was requested by
the court to detail an officer to act as such. (This in case a detail has
not already been made.)
(Should the judge-advocate require counsel.) The judge-advocate
read the appointment, copy appended, marked " ," by the At-
torney-General, of Mr. A A. A , to act as counsel to
assist the judge-advocate. Mr. A entered.
Var. The judge-advocate read an order from the convening au-
thority, copy (original) appended, marked " ," directing Lieut.
B B. B , U. S. Navy, to act as counsel to assist the
judge-advocate. Lieutenant B entered.
The judge-advocate read the precept (and modifications thereof),
copy appended, marked " ."
Marking documents.- For convenience, all documents relating to the organization of
the court shall be marked with capital letters, as "A," "B," "C," etc.; and all those
which are instruments of evidence shall be marked with numerals, as "1," "2," "3,"
etc. Care shall be taken that all such marks are distinct, and they shall be placed at the
lower right-hand comer of the page or sheet. The pages of the record shall be numbered
in the middle of the margin at the lower edge.
Copies.— All copies of documents or papers shall be certified by the judge-advocate.
Reading of papers, etc.— When the record states that a paper, document, or tes-
timony was read, it is to be understood that it was read aloud.
Disposition of precept.— The original precept should be kept until the court is
dissolved and then forwarded to the convening authority.
Changes In the court.— Changes in the composition of the court can legally be made
only by the convening authority, and no officer is empowered to sit as a member or
judge-advocate except in obedience to an order signed by such authority and addressed
to the president of the court. All such orders must, equally with the precept, be read to
the accused and duly marked copies appended to the record.
Orders to members and judge-advocate.— A member or judge-advocate becomes or
is relieved as such only by order of a lawful convening authority. Two orders are issued
in each instance; one, the order of appointment or relief, issued by the convening
authority, is sent direct to the president of the court; the other, issued by the authority
which details him to duty, Is sent through official channels to the officer himself who is
appointed or relieved. The order from the convening authority is a part of the court's
records and a copy of it must be attached to the record of each case tried and to which it
pertains; it is the only authority for a member or judge-advocate to act as such during a
trial.
Var. (In case any member or members are absent add) and the
medical certificate (detachment, etc.), in the case of , copy
appended, marked, "■ ," (or, and the letter from explain-
ing his absence) is appended, marked " ."
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 19
Absence of members.— No member of a general court-martial shall, after the proceed-
ings are begun, absent himself therefrom except in case of sickness or of an order to go on
duty from a superior officer, on pain of being cashiered.
Order from superior.— In case of an order from a superior officer the provisions of the
Navy Regulations (Instructions for Officers in General) shall be complied with. The
report of the circumstances shall be forwarded by the member receiving such order to
the convening authority through the president of the court, and a copy of such report
shall be attached to the record of each case to which it applies.
Illness of member.— In case a member is sick, he shall, if able, request the attending
medical officer to report the fact of his sickness to the convening authority and such
request shall be complied with. The report shall be forwarded through the president of
the court, and a copy thereof shall be attached to the record of each case to which it applies.
When the member is able to resume his duties, the attending medical officer shall report
such fact in the same manner as above prescribed.
Detachment from ship or station.— The detachment of an officer from his ship or
station does not, of itself, relieve him from duty as a member or judge-advocate of a gen-
eral court-martial; special orders for such relief are necessary.
Procedure in case of absence.— In a case of compulsory temporary absence, the court
may excuse the member so absent from further attendance upon the case then pending,
provided there still remain the legal number of members present; but should that not be
deemed possible or advisable, the requirements of the forty-seventh article of the Articles
for the Government of the Navy shall be strictly complied with.
Absence of judge-advocate.— The temporary absence of the judge-advocate at any
time during the progress of the trial does not invalidate the proceedings, but as the court
has no authority to detail any person to act as judge-advocate, it must, in case of his
incapacity, adjourn from day to day, until he is able to resume his duty or a successor is
appointed by the convening authority.
The accused stated that he did not object to any member present.
Var. 1. The accused objected to Lieut. J K. L , U. S.
Navy, because (here state reason).
The challenged member replied (or, did not desire to
reply).
The court was cleared, the challenged member also retiring. (It
is not compulsory, but it is customary, for the challenged member
to withdraw).
When opened, all parties to the trial entered, the president an-
nounced that the objection of the accused was sustained, and Lieut.
J K. L was excused from serving as a member in this
case (or, the president announced that the objection of the accused
was overruled).
(Should the accused wish to examine the challenged member.)
Upon request of the accused the challenged member was called and
examined.
(Examination as hereinafter given for the defense.)
(Should the accused wish to support his challenge by the evidence
of witnesses.) , a witness for the accused, declared as follows:
The accused did not object to any other member. (Or,
next objected to .) (Same procedure as above.)
Var. 2. The judge-advocate objected to .
(Same procedure as in challenge by the accused, except that
declarations are taken as hereinafter given for the prosecution.)
The judge-advocate did not object to any other member. (Or,
next objected to .)
Judge-advocate not challenged.— The judge-advocate may not be phallenged on any
grounds.
Time for challenge.— As a general rule, whatever objection either party may have to
make to the personnel of the court should be made before the court is sworn; but at any
20 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
stage of the proceedings prior to the finding, any member may be challenged by either
party for cause not previously known.
Court's decision final.— The court's decision as to the vaUdity of a challenge can not
be opposed by either party.
If court reduced below quorum.— If, by challenge, the court is reduced below the
legal quorum, the convening authority must be notified by letter or telegram and the
court adjourn in that ease. A copy of the communication must be appended to the
record.
The judge-advocate, each member, and the clerk (stenographer,
interpreter) were duly sworn.
Acts of court before being sworn.— Until a court is duly sworn according to law, it
is incompetent to perform any judicial act, except to hear and determine challenges
against its own members.
How oaths administered.— The oaths shall be administered as follows: First, to the
judge-advocate by the president; next, to the members by the judge-advocate; and
last, to the clerk, etc., by the judge-advocate.
Oath administered to judge-advocate.— You, A B , do swear (or affirm)
that you will keep a true record of the evidence given to, and the proceedings of, this
court; that you wiU not divulge or by any means disclose the sentence of the court imtil
it shall have been approved by proper authority; and that you will not, at any time,
divulge or disclose the vote or opinion of any particular member of the court, unless re-
quired so to do before a court of justice in due cotu-se of law.
Oath administered to members.— You, A B , do swear (or affirm) that
you wiU well and truly try, without prejudice or partiaUty, the case now depending,
according to the evidence which shall come before the court, the rules for the government
of the navy, and your own conscience; that you will not, by any means, divulge or dis-
close the sentence of the court until it shall have been approved by proper authority;
and that you wiU not, at any time, divulge or disclose the vote or opinion of any par-
ticular member of the court, unless required so to do before a court of justice in due course
of law.
Oath administered to stenographer (clerli, reporter).- You, A B ,
swear (or affirm) faitlifully to perform the duty of stenographer (clerk, reporter) in aiding
the judge-advocate to take and record the proceedings of the court, either in shorthand or
ordinary manuscript.
Oath administered to interpreter.— You, A B , swear (or affirm) faith-
fully and truly to interpret or translate in all cases in which you shall be required so to
do between the United States and the accused.
The accused stated that he had received a copy of the charges and
specifications preferred against him (here state when).
Copy forwarded to accused.— The copy is sent to the accused by the convening
authority through the usual official channels. Facts as to the delivery may be obtained
from the commanding officer under whom the accused is serving.
Denial of accused as to receipt.— If the accused denies having received a copy, evi-
dence to establish the fact may be introduced.
Var. The judge-advocate read a letter from the convening author-
ity authorizing and directing him to make a change (or changes) in
the specifications, and stated that the same had been made both in
the original and in the copy in the possession of the accused. (See
also under defense as to entering 2l nolle prosequi.)
Copies of charges, etc., for court.— The judge-advocate shall, for the convenience of
the court, place upon the table several copies of the charges and specifications on which
the accused is to be tried.
Judge-advocate to inform court of errors. — In case the judge-advocate should note
any technical or other errors in the specifications, he shall, before withdrawing, bring
them to the attention of the court.
The court was cleared.
Court to examine charges and specifications.— At this stage the court should critically
examine the charges and specifications to see that they are in due form and technically
correct. When the court goes on record as having so found them it thereby asserts that
PKOCEEDINGS OF A GKNEKAL COURT-MARTIAL. 21
they are legally and properly drawn, that they conform to the requirements of the law
and regulations, and that the specifications sustain the charges.
Alteration of errors.— After a charge and specification has been signed by the proper
authority and ordered to be investigated, it is not competent for any person to make
alteration therein without first having obtained the consent of such authority, except
that the judge-advocate may correct manifest clerical errors.
Technical and clerical errors.— Technical errors are, in general, those which the
charges and specifications disclose and which would be sufficient to sustain a demurrer
or special plea; such as charge not supported by the specification, uncertainity as to
time or place of offense, lack of jurisdiction of the court, etc. Clerical errors are those of
spelling, punctuation, etc., correction of which does not alter the facts.
Authorized changes made by judge-advocate.— Should the convening power auf
thorize the judge-advocate to amend legal defects in the charges and specifications before
the accused is called upon to plead, it is to be imderstood that in doing so the judge-
advocate is strictly responsible that the facts are not changed nor the legal responsibil-
ities weakened. He shall on every occasion commimicate to the accused any alteration
in the charges which were delivered to him at the time of his arrest, as soon as possible
after such alteration shall have been made.
When opened, all parties to the trial entered, and the president
announced that the court found the charges and specifications in due
form and technicall}^ correct.
Var. the president announced that the court having found
the specifications (or as the case may be) not in due form, had sent
a communication to the convening authority, copy appended,
marked " ," and would await a reply. The court adjourned
(took a recess) until .
The court met pursuant to adjournment (reassembled at the ex-
piration of the recess) . Present: ■.
The charges and specifications having been returned to the court,
it was cleared to examine them.
When opened, all parties to the trial entered; the judge-advocate
was directed to correct the copy in the hands of the accused to cor-
respond with the charges and specifications just received from the
convening authority (with the charges and specifications corrected by
direction of the convening authority) ; or
It was announced that the court would proceed with the trial on the
charges and specifications as originally received ; copy of letter from
convening authority appended, marked " ."
The accused stated that he was ready for trial.
Var. 1. The judge-advocate requested a postponement of the
trial (here state reason).
The court was cleared. When opened all parties to the trial en-
tered.
The court adjourned to meet to-morrow at o'clock. (Or)
entered, and the president announced that the court had de-
cided to proceed with the trial.
Var. 2. The accused requested a postponement (here state rea-
son) . The court was cleared , etc . ( Continue as when postponement
requested by judge-advocate.)
Application for postponement.— An application to suspend the proceedings of a
court for a longer period than from day to day, Sundays excepted, must be referred to
the officer convening the court, who alone has authority to grant the request.
No witnesses were present.
22 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Var. All witnesses were directed to withdraw.
Warning as to withdrawal.— Before the charges and specifications are read to the
accused, the court should warn all witnesses to retire from the room and not to return
until officially called. This warning should be repeated daily at the begimiing of the
session.
The judge-advocate read the letter of transmittal, and the charges
and specifications, originals prefixed, marked '^ " and ^^ ,"
and arraigned the accused as follows :
Questions and answers distinct.— The questions constituting the arraignment and
the answers thereto, if any be given, must be distinctly recorded.
Q. Lieut. X Y. Z , you have heard the charges and
specifications of charges preferred against you; how say you to the
specification of the first charge, guilty or not guilty ?
A. Not guilty (guilty) (the accused stood mute) .
Q. To the first charge, guilty or not guilty?
j^_ * * *
Q. To the first specification of the second charge, guilty or not
guilty?
A ^ :}: :|C
Q. To the second specification of the second charge, guilty or not
guilty?
A ;{; ^ ^
Q. To the second charge, guilty or not guilty?
Ji *? 5|« 5)5
Procedure on plea of guilty.— Should the accused plead either "guilty" or "guilty
in a less degree than charged," the president shall warn him that he thereby precludes
himself from the benefits of a regular defense by the former plea, and as to the acts con-
fessed by the latter. (See " Statement inconsistent with plea," p. 144.)
Evidence in extenuation.— After the above warning, should the accused persist in a
plea of guilty, the court, before proceeding to deU berate and determine upon the sentence,
shall allow him to urge anything he may desire to offer in extenuation of his conduct, to
call witnesses as to character, and to offer any other evidence of a strictly paUiative
nature; and the judge-advocate shaU have the right to cross-examine such witnesses and
to introduce evidence in rebuttal.
Evidence after plea of guilty.— As by the plea of guilty everything alleged is
admitted, no evidence shall, when such plea is offered, be taken by the prosecution,
unless in the judgment of the court such course be necessary in order to show all the
circumstances of the offense either in mitigation or aggravation. (See p. 143.)
Not guilty, stands mute, etc.— If the accused stand mute, or if, after making objec-
tions to the court which it overrules, he refuse to offer evidence or to make any defense,
the trial shall proceed as if he had pleaded not guilty.
€hange of plea.— The accused may, at the discretion of the court, be allowed at any
time before the trial is finished to substitute for a plea of guilty or guilty in a less degree
than charged, a plea of not guilty, or vice versa.
Plea in bar of trial.— Pleas in bar of trial are sometimes submitted by the accused for
the consideration of the court. These may be either to the jurisdiction of the court or
special pleas which go to the merits of the case. Whatever such plea may be, it must be
fully recorded in the proceedings. If a written statement of the plea be handed into
court, it shall be read and appended to the record.
Procedure after plea in bar.— If the plea be admitted as valid, an extract from the
proceedings of the court shall be forwarded to the convening authority for his informsr
tion; but if the plea be considered as invalid, the decision of the court shall be comnumi-
cated to the accused upon court being opened, it shall be duly recorded, and the trial
shall proceed.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 23
Plea of former jeopardy.— The jeopardy of the law means a real peril, originally of
life or limb, and always of substantial punishment or penalty. A fundamental idea is
that there must be a trial upon an indictment for an offense, or upon some equivalent
charge and presentment, as by a court-martial, submitting a definite issue and involving
conviction or acquittal. The person must be in danger of condemnation ; a mere inquiry
or other informal proceeding (informal in a judicial sense) ending in a reprimand, does
not satisfy either element of the principle of second jeopardy. Of course, if there is a
trial in some form, which might result in conviction and pimishment, the jeopardy is
none the less complete and valid as a bar to another trial because, in fact, it issues in a
simple rebuke; for absolute acquittal, if the peril is real, is equally a bar. This plea is,
therefore, a valid bar when the accused has been duly prosecuted before a court-martial
to a final conviction or acquittal; he may, however, waive objection to a second trial.
(25 Opins. A. G., 623.)
Plea of Illegal arrest.— Failure to conform to the provisions of article 43 of the Articles
for the Government of the Navy is sometimes pleaded in bar of trial on the groimd that
the accused was not furnished with a true copy of the charges and specifications at the
time he was put under arrest. Such a plea in bar has no validity, the Supreme Court
of the United States having decided that the word "arrest," as used in that article,
does not relate to the preliminary arrest or detention of an accused person awaiting
the action of higher authority to frame charges and specifications and order a court-
martial, but to the arrest resulting from preferring the charges by the proper authority
and the convening of a court-martial.
Pleading less degree.— In case the charge is "desertion" and the accused desires to
admit the offense of "absence without leave" only, the proper form of pleading, if the
facts set forth in the specification are true except as to intent and the accused desires
to admit them without proof, is as follows: To the specification— Guilty except to the
words "desert" and "in desertion," and to those words, not guilty; and for the
excepted words should be substituted, respectively, the words " absent himself with-
out leave" and "so absent" and to such words, guilty. To the charge — Guilty in a
less degree than charged, guilty of absence without leave.
Rejection of plea.— If, after a plea of guilty in less degree, the court decides to proceed
with the trial of the accused for the greater offense with which he is charged, such plea
in less degree shall be rejected and the accused advised by the judge-advocate to substi-
tute a plea of "net guilty." Should the accused decline to plead thus, as advised, the
court shall direct the trial to proceed as if the plea of "not guilty " had been entered, and
the prosecution shall then be put to the proof of every allegation contained in the speci-
fication. Save in exceptional cases, a court-martial should try the accused for the offense
as coarged.
Var. 1. The accused pleaded in bar of trial saying (here give plea
if oral). Or, and submitted a written plea, which was read
by him (his counsel) (the judge-advocate), appended, marked
(( >>
The accused stated that he had no testimony to introduce in sup-
port of his plea.
Or, a witness on behalf of the accused in support of his plea entered
and was duly sworn. (The testimony is taken in the same manner
as hereinafter given for the prosecution; arguments may then be
made as at the end of the trial, the accused having the opening and
closing.) (Continued as in Var. 2.)
Var. 2, (When no testimony is introduced, but the accused or
counsel wishes to submit a written or oral argument in support of
plea.)
The accused (counsel) (judge-advocate) read an argument in sup-
port of the plea by the accused, original appended, marked " ; "
(or) the judge -advocate did not desire to reply; (or) the judge-
advocate requested until in order to prepare his reply, where-
upon the court adjourned (took a recess) until .
(Also, continued from Var. 1.)
The court was cleared. When opened all parties to the trial en-
tered and the president announced that the court overruled the plea,
and the judge-advocate asked the accused if he had any further plea
24 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
in bar to offer. He replied in the afiirmative and (same as before),
or he replied in the negative, and the judge-advocate arraigned the
accused.
Q. (Same as before.) (Or)
When opened, all parties to the trial entered and the president
announced that the court decided that the plea by the accused was
valid.
The president ihereupon addressed a communication to the con-
vening authority, copy appended, marked '' ," transmitting
an extract from the proceedings of the court stating that the accused
had submitted a plea in bar (state plea) which the court had decided
was a valid one.
Var. a. (If the accused pleads guilty, etc.; see notes following
arraignment, ante.) The accused was duly warned as to the effect
of his plea, and persisted therein. (This warning will, of course,
not be given when, as may sometimes be the case, the prosecution
intends, notwithstanding the plea of guilty, to introduce evidence
to show the degree of criminality involved.)
The accused persisted in his plea.
Var. b. The accused withdrew his plea of guilty and was rear-
raigned as follows: * * *
Arraignment.— The arraignment is the beginning of the trial.
In cases of desertion.— It has not infrequently happened that enlisted men charged
with desertion have, in connection with a plea of guilty, made a statement disclaiming
having had, in absenting themselves, any intention of abandoning the service and stating
facts which, if true, constitute absence without leave only. In such a case the accused
can not, in general; fairly be convicted of desertion in the absence of an investigation.
(Opins. J. A. G. Army, 1992.) When such conditions arise, the president of the court
should direct the judge-advocate to change the plea to not guilty.
Trials in joinder.— When two or more persons are tried in joinder they should be
separately arraigned, the questions constituting each arraignment and the answers
thereto being separately recorded; and throughout the trial the accused persons should
severally be given the same opportunity to answer, plead, make objections, examine, be
examined, submit a wTitten defense or statement, etc., and the fact should in every
instance be entered upon the record with the same particularity, as in the ordinary case
of the trial of one person only, for which provision is made in these forms of procedure.
The prosecution began.
Lists of witnesses. — The judge-advocate shaU, prior to the trial if practicable, call
upon the accused for a list of the witnesses he wishes summoned for his defense, and
shall at the same time furnish him a list of the witnesses who are to appear against him.
It is to be understood, however, that neither party is precluded from calling further
witnesses whose attendance may, during the coinrse of the trial, be foixnd necessary to
the proper administration of justice.
Member or judge-advocate as witness.— If any member of the court or the judge-
advocate is required to testify for the prosecution he shoiild be the first witness called.
Should the president of the court become a witness, the oath or afiirmation shall be
administered to him by the member next in rank who shall preside during the progress
of his examination. If the judge-advocate be a witness he shall record his own testimony
unless the employment of a clerk or stenographer has been authorized. When a member
or the judge-advocate has completed his testimony an entry shall be made to the effect
that the witness resiuned his seat as member or judge-advocate.
Exception as to competency of witness.— Should either party take exception to the
competency of any witness, such exception must be stated in open court and, together
with the decision of the coini; thereon, must be fully recorded in the proceedings.
Examination of witness to whom exception made.— If either side objects to the
competency of a witness he may be examined relative thereto before he is regularly sworn
as a witness, in which case the following oath should be administered:
Oath administered on voir dire: You swear (or affirm) that you will true answers
make to questions touching your competency as a witness in this case: So help you God
(or, this you do under the pains and penalties of perjury).
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 25
When exception should be made.— As a general rule the exception to the competency
of a witness shall be stated before he is sworn, but at whatever stage of the trial the
incompetency of the witness appears, if the court decides that the objection to his com-
petency is valid, it may arrest the evidence and disregard his testimony.
Reading of charges to witness.— Before a witness is examined, the general charges
may be read to him, if the court thinks proper; but the specifications shall not be read to
him, particularly when they are so worded as to instruct him how to answer, or to make
known to him the minute facts of the case.
A witness for the prosecution entered and was duly sworn.
Oath administered to witness.— You do solemnly swear (or affirm) that the evidence
you shall give in the case now before this court shall be the truth, the whole truth, and
nothing but the truth, and that you will state everything within your knowledge in
relation to the charges: So help you God (or, this you do imder the pains and penalties
of perjury).
Examined by the judge-advocate:
1. Q. What is your name, rank (rate), and present station?
j^ * * *
2. Q. As whom do you recognize the accused?
A jjc jjt ^;
Questions numbered.— The questions asked each witness shall be numbered con-
secutively throughout his examination. If the examination is interrupted by recess or
adjournment and is resumed when the court reassembles or reconvenes, the numbering
shall be continued. If, however, the first examination of the witness is completed and,
later in the trial, he is recalled, the numbering of the questions asked on this later exami-
nation shall begin anew.
Answers paragraphed. — All answers of a witness shall begin a new paragraph, as
herein shown.
Leading questions.— In the direct examination leading questions are not permitted
except (1) questions as to identification. (2) introductory questions, (3) questions tending
to aid a defective memory, and (4) questions to a witness who appears to be hostile to the
party that called him. But, especially in cases where identification is an important
element in the case, a witness should not be asked if he recognizes the accused as such
and such a person, giving his name, unless the accused has already been sufficiently
identified.
Direct examination.— All the testimony desired and obtainable from the witness
should be drawn from him in the direct examination. The court may or may not permit
a subsequent direct examination on matters not previously touched upon. (Winthrop
Abridg., 138.)
* * *
3. Q.
Var. This question was objected to by the accused, (a member)
on the ground (here state reason).
The judge-advocate replied (here give reply).
The court was cleared. When opened all parties to the trial en-
tered and the president announced that the objection by the ac-
cused (a member) was sustained.
(Or) announced that the court overruled the objection.
(If objection is overruled.)
3. Q. * * *
A ^ :{: :J:
4. Q
A.
Cross-examined by the accused (counsel) :
* * *
Cross-examination.— The object of cross-examination is to test the credibility of the
witness.
Leading questions.— Leading questions and also questions that are not relevant are
permitted on cross-examination, provided their purpose is to test (1) the witness' power
of observation, (2) his accuracy of memory, or (3) the connection of his statements with
each other or with the attendant circumstances.
26 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Keexamined by the judge-advocate :
37. Q. * * *
A ;js }({ 5|s
Kecross-examined by the accused (counsel) :
45. Q. * * *
Jk sK % 5{J
Examined by the court :
51. Q. * * *
/V ^ '!> ^
Vah. 53. Q. Question by a member: * * *
This question was objected to by the accused (judge-advocate) on
the ground (here state reason).
The court was cleared. When opened all parties to the trial en-
tered and the president announced that the court sustained the
objection of the accused (judge-advocate).
iOr) announced that the court overruled the objection of
the accused (judge-advocate). (The question then becomes a
question by the court.)
53. Q. * * *
A Jp :}t 5fC
Questions of members.— All questions originating -witli members, and which have
been received, are recorded as "by the court," but when made the subject of discussion
and rejected they are recorded as " by a member. "
Character of members' questions.— A member may put such questions as he desires;
though, since members must be impartial and without prejudice, questions by them
should, in general, be for the purpose of making clear the meaning of testimony already
given. (Winthrop Abridg., 108.)
How questions aslied. — A question by a member may be put directly to a witness
without submitting it first to the court; if, however, it is objected to and ruled out it
must be recorded as "by a member." It is generally preferable to submit the questions
to the court before they are asked.
The witness verified his testimony, was duly warned, and with-
drew.
Testimony of witness read.— The recorded testimony of a witness shall be read to or
by him in order that he may verify, correct, or amend it. If this method is not con-
venient, the procedure shown in Var. 3, below, shall be followed.
Warning to witness. — Before a witness withdraws from the court room the president
shall warn him not to converse upon matters pertaining to the trial during its continu-
ance. This warning shall be omitted in the case of members, the judge-advocate, accused,
and counsel if they are caUed as witnesses.
Omission of step in examination.— If any step in the examination of a witness is
omitted by reason of the fact that the party whose turn it is to examine does not desire
to ask any questions, the record must show by a suitable entry that an opportunity was
afforded; thus, "The accused did not desire to cross-examine," etc.
Var. 1. corrected his testimony as follows: Page — , answer
to question No. : — , the words " " changed to "
," and as thus amended was read, pronounced by him cor-
rect, and, after being duly warned, he withdrew.
Var, 2. and then resumed his seat as judge-advocate (presi-
dent, member).
Var. 3. At the request of the judge-advocate the witness was
directed to report to-morrow at — o'clock — . m., to correct or verify
his testimony, and, after being duly warned, he withdrew.
'^^ OF THE „
UNIVERSITY ^OCEEDINGS OF A GENERAL COURT-MARTIAL. 27
OF /
Ca I pohN\K>^ Direction to witness.— This direction is given in order that the witness may correct,
''"^^ — ■ — J^r^=J===''^ amend, or verify his testimony on the next or some future day, when it is not convenient
to have him do so immediately at the conclusion of his examination.
Manner of correcting testimony.— Upon the reappearance of the witness at the time
indicated, the correction, amendment, or verification may be accomplished in either of
two ways. First, the witness may be present during the reading of so much of the record
as contains his testimony, and, at the conclusion of such reading, make any necessary-
changes or verify it; or, second, he may be furnished with so much of the record, or a copy
thereof, as contains his testimony, thus enabling him to reconsider and revise the same,
after which he is called before the court to correct, amend, or verify it. The latter method
is recommended.
Manner of recording corrections.— In recording corrections or amendments made by
a witness no erasure or obliteration of his original testimony is permitted. The correc-
tion or amendment desired, and any remarks made by the witness in connection there-
with, are to be separately and distinctly entered on the record.
Corrections indicated in red inli.— When a witness amends his testimony, as above
directed, a marginal note shall be made in red ink opposite the testimony which is
changed. This note shall give the amendment, if brief, or shall refer to the page of the
record where the correction may be found. (As, "See correction, p. — .")
Examination upon corrections.— If the correction or amendment is material, the
witness may be cross-examined thereon.
The court took a recess until — p. m.
The court reassembled at the expiration of the recess. Present:
All the members, the judge-advocate, the stenographer, the accused ^
and his counsel.
Recess or adjournment.— When the business of the court is suspended from one day
to the next, or for a longer period, the record should show that the court adjourned vmtil
the time agreed upon; but when the period of suspension of business is from one part of a
day to another part of the same day, the record should show that a recess was taken for
the time mentioned.
Var. 1. The court adjourned to meet to-morrow, Saturday (or if
Saturday, to meet Monday), at — o'clock a. m.
Var. 2. The judge-advocate stated that , a material
witness, had not appeared, and requested the court to adjourn imtil
to-morrow morning. The court adjourned to meet, etc.
Dutyofofflceror enlisted man when summoned toappear.— An oflacer or enlisted man
who is duly summoned must appear and testify, and any such person who refuses to
give evidence, or to give it in the manner required by the Articles for the Government
of the Navy, or who prevaricates or behaves with contempt to the court, may be sen-
tenced by the court to imprisonment for any time not exceeding two months.
Witness on waiting orders or leave.— Whenever the judge-advocate of a court-
martial convened within the limits of the United States has occasion to summon as
witness an officer who may at the time be on waiting orders or on leave, he shall, at the
same time, notify the Bureau of Navigation or the Commandant of the Marine Corps, as
the case may be, of the fact that the summons has been issued; and he shaU send a similar
notice when such oflScer is discharged from further attendance on the court.
Civilian witnesses.— A naval court-martial or court of inquiry has power to issue
like process to compel witnesses to appear and testify which United States courts of
criminal jurisdiction v/ithin the State, Territory, or district where such naval court
shall be ordered to sit may lawfully issue. (Act of Feb. 16, 1909.)
When witness guilty of misdemeanor.— Any person duly subpoenaed to appear as a
witness before a general court-martial or court of inquiry of the navy who 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. This does not apply to persons
residing beyond the State, Territory, or district in which such naval court is held.
(Act of Feb. 16, 1909.)
When witness need not answer.— No witness shall be compelled to incriminate
himself or to answer any question which may tend to incriminate or degrade him.
(See also notes after " Subpoena for civilian witness.")
The court adjourned to meet .
28 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
SECOND DAY.
Navy- Yard, Philadelphia, Pa.,
Tuesday, June 22, 1909.
The court met at 10 a. m.
Present: All the members, the judge-advocate, the stenographer,
the accused and his counsel.
No witnesses were present.
Var. All witnesses were directed to withdraw.
The record of proceedings of yesterday (the first day of the trial; or
Saturday) was read and approved.
Reading record.— In reading the record of the court, the salient features of the pro-
ceedings only need be read; it is not necessary to read the testimony recorded nor the
various interlocutory arguments of counsel. The court's rulings, however, on questions
submitted for decision should be read.
Var. 1. Present: All the members except . Also
present: The judge-advocate, the stenographer, the accused and his
counsel.
Var. ^2. Present: All the members except — ; the med-
ical certificate accounting for his absence was read and appended,
marked " ." Also present: The judge-advocate, the stenog-
rapher, the accused and his counsel.
Procedure in absence of members.— If the absence of a member reduces the court
below the legal minimum, an adjomnment should be taken until the next day, or over
Sunday, as the case may be, unless it appears that the absence of the member may be
protracted, in which case the president should advise the convening authority of the
facts.
Var. 3. Present: All the members, the judge-advocate, the stenog-
rapher, the accused and his counsel. Lieut. J K. L ,
U. S. Navy, who was absent yesterday when the court was organized,
appeared and stated (here give statement) .
The court accepted the explanation.
The accused stated that he did not object to this member. (Should
he object, proceed as under challenge.)
Lieut. J K. L , U. S. Navy, was duly sworn.
No witnesses were present.
The record of proceedings of yesterday was read and approved.
Each witness, who had been examined during the absence of Lieut.
J K. L , was called before the court, informed that his
oath previously taken was still binding, heard his own evidence read,
and, Lieut. L not desiring to question him, he pronounced his
testimony correct and withdrew.
(Should Lieut. L wish to examine the witness, or should any
of the other parties to the trial wish to question him on any correction
he may have made in his testimony, proceed as if he were a new wit-
ness about to be examined.)
Var. 4. Present: All the members except Commander D E.
F , U. S. Navy, whose absence is accounted for by the medical
certificate previously read and appended.
The judge-advocate read an order from the convening authority
relieving Commander D E. F , U. S. N^vy, and appoint-
ing Surg. M L. F , U. S. Navy, as a member of the court.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 29
Procedure upon seating of new member.— In the case of a member of the court
appointed and taking his seat as such after the trial has begun, the procedinre will be
similar to that set forth in variation 3 as regards challenge, hearing reading of record of
proceedings of trial to date, and also the evidence given by and the further examination
of former witnesses.
Var. 5. Present: All the members, the stenographer, the accused
and his counsel. The judge-advocate being absent, the court ad-
journed until to-morrow, the — instant, at 10 a. m.
Judge-advocate's absence protracted.— As the court has no authority to detail a
judge-advocate, it shall, if the latter's absence is Ukely to be protracted, notify the con-
vening authority of such absence.
Var. 6. (In case of promotion of member or judge-advocate since
precept was issued.)
The judge-advocate read a communication, copy appended,
marked " ," from the Bureau of Navigation, Navy Department,
addressed to Lieut. Commander J K. L , transmitting to
him his commission as a lieutenant-commander in the navy.
Var. 7. The record of proceedings of yesterday was read and ob-
jected to by the accused (a member) (the court), inasmuch as (here
state reason). The court was cleared. When opened, etc. (if
objection is sustained), the record was corrected so that " "
on page — shall read ' ' . ' '
With this correction the record was approved.
Var. 8. At the request of the judge-advocate, who stated that the
record of the proceedings of yesterday, the — day of the trial, was not
ready, the court took a recess until ; or, the court decided to
postpone the reading of this record until such time as it shall be
reported ready, and in the meantime to proceed with the trial.
Var. 9. During the reading of so much of the record as contained
the testimony of , he was called before the court and,
having been informed that the oath previously taken was still bind-
ing, stated that he desired to make the following correction in his
testimony. Page — , answer to question No. — , line No. — , strike
out the words " " and insert the words " r."
With this correction, he pronounced the testimony correct and
withdrew.
Var. 10. , who had previously testified, was called
before the court, informed that the oath previously taken was still
binding, and stated that he had read over (or, had had read over to
him) the testimony given by him on , the — day of the trial,
pronounced it correct, and withdrew. (Or, and stated that he de-
sired to make the following corrections, etc.)
When variation 10 used.— Variation 10 is to be used when a witness has been given
that part of the record containing his testimony and has read it over (or, has had it read
over to him) outside of court.
Corrections indicated In red Ink.— When a vi^itness makes corrections in his testi-
mony, a note in red ink shall be made opposite the place in the left-hand margin of the
record. This note shaU refer to the page where the corrections are shown. (As, "See
correction, p. — .")
A witness for the prosecution entered and was duly sworn.
Var. W V. U , the witness under examination when
the court adjourned, appeared, and, being warned that the oath pre-
viously taken was still binding, continued his testimony.
30 PEOCEEDINGS OF A GENERAL COURT-MARTIAL.
Examined by the judge-ad\^ocate:
1. Q.
A.
* * *
* * *
2. Q. * * *
The witness decHned to answer on the ground that it might tend
to incriminate him.
The judge-advocate requested the court to direct the witness to
answer.
The court sustained the witness.
Var. The court was cleared. When opened, all parties to the
trial and the witness entered, and the president announced that the
witness need not (must) answer the question.
Witness may decline to answer.— A witness may properly decline to answer when it
may tend to incriminate him; no inference whatever from such a declination is permis-
sible, except in case of the accused himself.
Request that witness be required to answer.— The judge-advocate may request the
court to require the witness to answer on the ground that the answer would not tend to
incriminate him. If the court sustains the request, the witness must answer or be in
contempt. If his answer, when made, does tend to incriminate him, it must not be con-
sidered as evidence and can not subsequently be used as the basis of any prosecution.
Prlvlleg:e a personal one.— The privilege of declining to answer is a personal one and
can be interposed only by the witness himself, but he may be informed of his rights in
the premises.
3. Q. * * *
/V sfs ^H 5^
The witness declined to answer on the ground that his answer
would violate a privileged communication (here state in what manner).
The court sustained the witness (or as the case may be).
Privileged communications.— On grounds of public policy a witness may properly
decline to answer questions that would violate privileged communications. Such are
communications between attorney and client, communications between husband and
wife, state secrets, etc. The last are included in all departments of the Government,
and the question of inclusion under this head is decided by the court in each case on
grounds of the requirements of public policy.
Privilege a personal one. — The privilege of declining to answer is a personal one and
can be interposed only by the witness himself, but he may be informed of his rights in
the premises.
Examination of succeeding witnesses. — The examination of succeeding witnesses
should be conducted on the lines previously indicated for the first witness.
B. C entered as a witness for the prosecution and
was objected to by the accused (here give reason),
Grounds for objection to witness. — In general, a witness may be objected to on
account of extreme youth, thus being unable to distinguish between truth and falsity,
disease affecting the mind, or any other cause of the same nature which would prevent
him from understanding and intelligently testifying. Deaf and dumb persons are not,
by reason of those physical defects alone, incompetent. In the case of husband and wife,
neither spouse is competent to testify for or against the other l^efore courts-martial,
excepting that in crimes involving personal injury committed by one upon the other,
the injured spouse may testify against the other.
Rules governing the competency of witnesses.— The rules governing the compe-
tency of witnesses before the criminal courts of the United States and the States, where
apposite, are generally, though not always necessarily, followed in the practice of courts-
martial. (Dig. Opins. J. A. G. Army, 2460.)
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 31
The judge-advocate replied (here give reply).
How decided.— The objection to a witness on the ground of incompetency is tried and
decided similarly to the plea in bar. It may be interposed at any time after the witness
is called.
Witness examined on voir dire.— If the objecting party wishes to examine the witness
on his voir dire, or to introduce testimony, the following oath should be administered by
the president:
Oath on voir dire.— Yon, A B , swear that you will true answers make to
questions touching your competency as a witness in this case; so help you God.
If objection made while witness on stand.— If the question of the witness's com-
petency arises while he is on the stand, his examination is arrested and the question
decided. If he is declared not competent the court will disregard any testimony that he
may have given; if competent, the examination is continued. The court itself decides
the question of competency.
(The evidence may be continued and completed, if witness is com-
petent, as in the case of other witnesses.)
* * * * * * *
3. Q. Are you the legal custodian of the current enlistment record
of the accused (or, of the official log book of the U. S. S. ; or,
the medical journal of the U. S. Naval Hospital at , etc.) ?
If so, produce it.
A. I am.
Method of Introducing documentary evidence.— Documentary evidence before
courts-martial, consisting generally of public writings, will be introduced by the proper
custodian taking the stand as witness to identify such documents, presenting them to
the accused for inspection and opportunity to interpose objection to their admission, and
then, if there be no reasonable objection interposed, reading therefrom such entries as
may be pertinent to the issue, certified copies of which must be attached to the record.
Upon oljjection being interposed by either party to the trial, the court will rule upon the
objection, the decision thereon being final.
Documentary evidence In case of desertion.— That a man has been charged with
desertion is no evidence that he has committed the offense. Therefore, the entry on an
enlistment record, descriptive list, or other official paper, that a man deserted is not legal
evidence of his desertion, but is only evidence that he has been so charged. Also, it has
been held that an entry upon a report of prisoners that an accused deserted on a certain
day and was subsequently apprehended as a deserter was not legal evidence of the fact
of desertion. (Dig. Opins. J. A. G. Army, 1056.)
Official records.— Official records on file in the Navy Department, and copies of the
same, duly certified, are evidence of the facts originally entered therein and not compiled
from other sources, subject to rebuttal by proper evidence that they are mistaken or
incorrect. (Dig. Opins. J. A. G. Army, 1293.)
General orders.— General orders may ordinarily be proved by printed official copies
in the usual form. The court will, in general, properly take judicial notice of the printed
order as genuine and correct. (Dig. Opins. J. A. G. Army, 1294.)
Records of courts-martial.— Copies of records of courts-martial authenticated tmder
seal, as provided by section 882, Revised Statutes, are admissible in evidence equally
with the originals. (Dig. Opins. J. A. G. Army, 1309.)
Enlistment records.— The enlistment paper, the physical examination paper, and
the outline card are original writings made by officers in the performance of duty and
competent evidence of the facts recited therein. Copies, duly authenticated under the
seal of the Department, are admissible as fully as the originals. (Dig. Opins. J. A. G.
Army, 1310.) When the enlistment record and finger-print card have been forwarded
to the judge-advocate, he becomes their legal custodian after he receives them.
Morning report book. — This is an original writing. In order properly to admit
extracts in evidence, the book should first be identified by the proper custodian, and the
extracts then not merely read to the court by the witness, but copied and the copies,
proi)erly verified, attached as exhibits to the record of the court. (Dig. Opins. J. A. G.
Army, 1313.)
Parties have right to inspect documents.- The party against whom documentary
evidence is adduced has a right to inspect it before it is read or shown to the court.
32 PKOCEEDINGS OF A GENERAL COURT-MARTIAL.
The witness produced the current enhstment record of the accused
(or other document, as the case may be) , and it was submitted to the
accused and the court, and by the judge-advocate offered in evidence.
There being no objection, it was so received.
4. Q. The accused is charged with ; read such portions of
that record (or other document) as may refer thereto.
The witness read from the said record (or other document) an
extract (or extracts), copy appended, marked "- ."
Var. 1. 3. Q. I show you a book [witness shown log book];
can you identify it?
A. I can; it is the official log book of the U. S. S. .
Var. 2. 3. Q. I show you a letter [witness shown paper]; can you
identify the handwriting in which it is written?
A. I can.
4. Q. By whom was it written?
A. By .
When opinion as to handwriting deemed relevant.— When there is a question as
to the person by whom any document was written or signed, the opinion of any person
acquainted with the handwriting of the supposed writer, that it was or was not written
or signed by him, is deemed a relevant fact.
How opinion may be formed.— A person is deemed to be acquainted with (and may
prove) the handwriting of another person when he has at any time seen that person
write, or when he has received documents purporting to be MTitten by that person in
answer to documents written by himself or imder his authority and addressed to that
person, or when, in the ordinary course of business, documents purporting to be written
by that person have been habitually submitted to him.
Comparison of handwriting.— Where a paper admitted or clearly proved to be genuine
is already in evidence for some other purpose in a cause, and another paper, pertinent to,
the issue and alleged to be in the same handwriting, is offered in evidence, the jury may
compare the latter with the former. (Rejmolds' Stephen on Evidence, 86-88.)
Evidence of contents of a writing.— There can be no evidence of the contents of a
writing other than the writing itself, except in the following cases: (1) When the original
has been lost or destroyed; (2) when the original is a record, or other document, in cus-
tody of a public officer; (3) when the original is in possession of the party against whom
the evidence is offered and the latter fails to produce it after reasonable notice; and (4)
when the original consists of numerous accounts or other documents which can not be
examined by the court without great loss of time and the fact sought to be established
from them is only the general result of the whole.
Acts set forth in a writing.— Where any official paper sets forth acts done, etc., by an
officer or soldier signing the same or referred to therein, and such acts are material
evidence and can be proved by himself in person as a witness, his testimony, as being
the best evidence of the facts, should be resorted to instead of the wTiting.
Official papers prima facie evidence.— Official papers, other than judicial records,
acts of state, and public books and records required by statute to be kept, fiKnish not
conclusive but only prima facie evidence of the facts therein recited.
Var, 3. The judge-advocate produced an attested copy of a docu-
ment (letter, order, etc.) (or, copy under seal of the Navy De-
partment), the original of which he informed the court could not be
produced, as it was lost (part of a permanent record; on official file,
etc.), and submitted it to the accused and the court, and offered it
in evidence.
Sec. 882, R. S.— "Copies of any books, records, papers, or documents in any of the
executive departments, authenticated under the seals of such departments, respec-
tively, shall be admitted in evidence equally with the originals thereof." The words
"documents" and "papers" can not be held to mean every document or paper on file,
but only such as were made by an officer or agent of the Goverimient in the course of his
official duty. (7 C. Cls., 406.)
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 33
Docnmentary evidence ruled out.— When documentary evidence is ruled out, it
need not be appended to the record, but its contents should be referred to, so that the
reviewing authority may know what the document was.
*******
The judge-advocate informed the court that D E. X ,
an essential witness, was too ill to appear in the court room, and
asked the court to adjourn to , where he was; the medical
certificate was read and appended, marked " ."
The court was cleared. When opened, all parties to the trial
entered and the president announced that the court would adjourn
to in compliance with the request of the judge-advocate.
The court and all parties to the trial assembled at , where
the witness was in bed (or as the case may be). Present: etc.
D E. X was duly sworn. (Insert testimony.)
The witness verified his testimony and was duly warned.
All parties to the trial returned to the navy-yard, Philadelphia,
Pa., where the court reassembled. Present: etc.
Var. 1. The court adjourned to meet to-morrow, , at —
o'clock — m., at the navy-yard, Philadelphia, Pa.
Var. 2. (If examination is not completed.) The court adjourned
to meet to-morrow, , at — o'clock — m., at this the place of
adjournment.
The judge-advocate informed the court that he had summoned
Lieut. F F. G , U. S. Navy, a material witness, and that
ofiicer having failed (refused) to comply with the summons, sub-
mitted to the court, and by its permission appended to the record,
marked " ," duplicate of the subpoena and affidavit (certificate of
service), and moved that the court issue a writ of attachment against
the contumacious witness.
The motion was granted and the writ issued; copy appended,
marked'^ ."
(See notes following Forms of Subpoena for Civilian Witness
and Warrant of Attachment, pp. 62,65.)
(In case of a nolle prosequi.) The judge-advocate informed the
court that by direction of the convening authority he entered a nolle
prosequi as to the specification of the charge, and as
to the charge. A nolle prosequi was entered. (If accused is
not present, add, and the accused informed.) The letter from the
convening authority is appended, marked ^' ."
The prosecution rested.
The defense began.
The accused was, at his own request, duly sworn as a witness in
his own behalf, and testified as follows :
Accused as witness.— The law provides that the accused shall, at Ms own request
but not otherwise, be a competent witness, and shall be allowed to testify in his own
behalf; and his failure to make such request shall not create any presumption against
him.
8483—10 3
34 PKOCEEDINGS OF A GENERAL COURT-MAETIAL.
Must be no comment on failure of accused to testify. — Any comment at any time,
especially hostile comment, on the failure of the accused to request that he be allowed
to testify in his own behalf is highly improper. "The minds of the jury can only remain
unaffected from this circumstance by excluding all reference to it."
Evidence for the defense. — This is taken, recorded, and verified in the same man-
ner as for the prosecution.
Examined by the judge-advocate:
Preliminary questions to witness for defense. — The witnesses for the defense
will first be questioned by the judge-advocate for the purpose only of determining the
identity of such witnesses and to establish whether or not they recognize the accused.
1. Q. What is your name, rank (rate), and present station?
/\ ^ ^ '!>
2. Q. Are you the accused in this case?
A T^ *i^ 5p
Examined by the accused (counsel) :
3. Q. * * *
A 9fC ^ TfC
Cross-examined by the judge-advocate:
10. Q. * * *
A ^ :]c ;):
Testimony of the accused. — When the accused testifies he occupies no exceptional
status nor has he any special privileges. When he takes the stand he is subject to
cross-examination like any other witness.
Rules governing testimony of accused. — The testimony of the accused is not ex-
cepted from the ordinary rules governing the admissibility of evidence, nor from the
usual tests of cross-examination, rebuttal, etc. (Dig. Opins. J. A. G. Army, 1300.)
Examined by the court:
17. Q. * * *
A •!* H* *!*
The witness verified his testimony, and then resumed his seat as
the accused.
A witness for the defense entered and was duly sworn.
Examined by the judge-advocate:
1. Q. What is your name, rank (rate), and present station?
A *t* 5|C 4C
2. Q. As whom do you recognize the accused?
A ?)C 3)C ?fC
Examined by the accused (counsel) :
3. Q. * * *
The witness requested permission to refresh his memory from a
memorandum.
By whom request may be made. — This request may be preferred by the examiner or
by any of the parties to the trial.
Cliaracter of memorandum.— A witness may be allowed to refresh his memory from
memoranda written by himself, or under his direction, at any time when the facts therein
stated were fresh in his mind, provided that after his memory is thus stimulated he can
testify from a present recollection either (1) that the statements made in the memoranda
are true, or (2) that the memoranda when made recorded the facts and have not been
subsequently altered in any material particular.
Memorandum positively testified to.— A document used to refresh memory is admis-
sible in evidence if positively testified to, especially in case (2) above.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 35
May be inspected by opposite party.— The party against whom documentary evi-
dence is adduced has a right to inspect it before it is read or shown to the court. Should
the opposite party in any case wish to question the witness as to the memorandum and
as to the time and circumstances under which it was made, such an examination is
proper, and the following form may be used:
Var. Examined by judge-advocate:
4. Q. When was this memorandum made?
j^ * * *
5. Q. Under what circumstances was it made?
j^ it * *
Examined by accused (counsel):
* * *
6. Q.
A. *
Cross-examined by judge-advocate:
9. Q.
* * *
A. * * *
The witness's request was granted and, after inspecting the memo-
randum, he continued his testimony.
yy ^jc 5JC 3jt
Var. The witness stated that he could not remember the facts.
(In case of improper language or behavior of the witness.)
The president cautioned the witness as to his language (behavior).
Bequest as to caution. — The caution may be given at the request of a member, the
judge-advocate, or on the president's own initiative.
The witness replied (here give reply).
Satisfactory reply.— If the reply of the witness is satisfaqtory the proceedings for
contempt may be ended here.
The court was cleared. When opened all parties to the trial
entered and the president announced that the court deemed the
witness, E E. F , guilty of contempt of court in that he
(here insert the occurrence in full).
The court informed the witness that he was at liberty, by such
proper statement as he might think necessary, to show cause why he
should not be punished for contempt.
Insisting that language was proper. — A witness can not purge himself of contempt
by insisting that his language or behavior was proper.
The witness stated .
The witness was placed in charge of the provost marshal, and the
court was cleared. When opened all parties to the trial entered and
the president announced that the court, having adjudged the witness
guilty of contempt in its presence, sentenced him, E E.
F , to . (Or, announced that the witness had purged
himself of contempt.)
Place of conflnement.— The place of confinement for a witness in the naval service
who is adjudged guilty of contempt and sentenced to confinement should be left to that
person's commanding ofRcer.
The testimony of the witness was continued.
Continuation of testimony.— The testimony of a witness who has been adjudged
guilty of contempt may be conticued,
36 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
By the judge-advocate:
22. Q. * * *
y\ ^ <)C «t^
* * * * * * :(:
The witness verified his testimony, was duly warned, and was
placed in charge of the provost marshal, who was directed to deliver
him to his commanding officer, , to whom a communica-
tion, copy appended, marked " ," was addressed, announcing the
offense and sentence.
Communication to commanding officer.— This communication is signed by the
president. It should state the offense, the sentence, and the authority therefor which is
contained in article 42 of the Articles for the Government of the Navy.
Var. (In the case of a civilian witness.)
22. Q. * * *
The witness refused to answer this question (or to produce the
book, paper, or document referred to, as required by the subpoena
duces tecum in his case).
The witness was duly tendered (or paid) his fee and mileage, and
was cautioned by the president that his refusal, if persisted in, would
make him amenable to punishment under section 12 of the act of
February 16, 1909; that is, a fine of not more than $500 or imprison-
ment not to exceed six months, or both. The question was again
put to him.
22. Q. * * *
The witness again declined to answer the question (or to produce
the desired book, paper, or document as required by the subpoena
duces tecum in his case) and gave as the reason for his refusal that
(here give reason with exactness).
Questions not compelled to answer.— It should be remembered that no witness
shall be compelled to incriminate himself nor to answer any question which may tend to
incriminate or degrade him.
The court was cleared. When opened all parties to the trial
entered and the president announced that the facts of the refusal of
the witness to testify (or to produce the book, paper, or document,
etc.) would be certified, by order of the court, to the district attorney
for the necessary action in the premises, as required by law. (The
certificate is set forth among the forms of letters, orders, etc., post.)
A copy of said certificate is appended, marked " ."
23. Q. * * *
j^ * * ik
Etc., etc.
The witness verified his testimony and, after being duly warned,
and further cautioned not to depart the court without leave, he was
permitted to withdraw.
District attorney informed.— If possible, before the witness in contempt is permitted
to withdraw, the district attorney should be communicated with in order that the wit-
ness may be apprehended expeditiously. The law does not give the court authority to
restrain such person of his liberty, as in the case of naval witnesses.
Arrest of witness.— Even though the witness departs from the jurisdiction within
which the court-martial sits, the district attorney may cause his arrest in another juris-
diction, the offense being one against the United States for which provision is made in
section 1014 of the Revised Statutes.
A witness for the defense as to character was duly sworn and testi-
fied as follows : (Testimony recorded as previously indicated.)
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 37
Evidence of good character.—" Evidence of good general character as possessed
prior to ttie commission of the alleged offense may be introduced by the accused as part
of his defense, provided the character shown is of such a nature that it may properly
weigh with the court in determining the issue involved in the case;" as a general repu-
tation for sobriety when charged with drunkenness, or for obedience when charged with
disobedience. " When offered, such evidence must be as to general character; particular
acts of good conduct are not admissible."
Character evidence In military cases.— In military cases character evidence is
usually intended partly, or principally, in mitigation of the punishment which may
follow on conviction. "Thus offered, it is not subject to the rules which restrain the
scope and quality of such testimony when defensive only. It need not be limited to
general character only, but may include particular acts of good conduct, bravery, etc.
It need have no reference to the nature of the charge, but may exhibit the reputation,
or record, of the accused in the service for efficiency, fidelity, subordination, temper-
ance, courage, or any of the traits that go to make a good officer or soldier. ( Winthrop,
530.)
*******
Z B , a witness for the defense, was recalled and, having
been warned that the oath previously taken by him was still binding,
testified as follows: (Testimony recorded as previously indicated.)
Introdnction of testimony out of regular order.— The court may, in the interest
of justice, allow evidence to be introduced out of the regular order and may, for satis-
factory cause, allow the prosecution or defense to introduce evidence at any time before
arriving at its findings thereon, but it shall not thereafter receive any new evidence
except that of previous convictions.
*******
(Should the accused desire that his enlistment record be produced
for the purpose of showing his previous record, good conduct, or
other facts, he may call the legal custodian thereof as a witness for
such purpose.)
The defense rested.
The rebuttal began.
Object of rebuttal.- During the rebuttal evidence may be introduced by the prose-
cution to explain or repel the evidence introduced by the defense. In general, anything
may be given as rebutting evidence which is a direct reply to that produced by the
other side. The judge-advocate may rebut any new matter by evidence in rebuttal,
may impeach the testimony of witnesses for the defense, may sustain the credibility
of his own witnesses, etc.
Evidence In rebuttal. — The evidence here introduced should, in general, be con-
fined to such as relates to evidence introduced by the defense.
Impeaching a witness.— A witness may be impeached (1) by disproving the facts
testified to by him; (2) by proof of contradictory statements previously made by him
as to matters relevant to his testimony and to the case; and (3) by evidence as to his
general bad character.
Procedure before contradictory statements can be proved.— Before contradictory
statements of a witness can be proved against him, his attention must be called with
as much certainty as possible to the time, place, attending circumstances, and the per-
son to whom made. If the previous statement was in writing, it should be shown or
read to him unless the absence of the writing is accounted for.
Foundation for impeachment.— To lay the foundation, the witness may be recalled
at any time. It is not necessary to lay the foundation when the previous statement
was made under oath and recorded before an official lawfully empowered to administer
an oath.
Questions to Impeaching witness.— The impeaching witness may be asked as to
his knowledge of the general character of the witness whose testimony is to be impeached;
as to the latter 's general character, but particular transactions or opinions can not be
inquired into except in seeking for the extent and fovmdation of the witness' knowledge;
as to whether he would believe the latter under oath; and, when desired, he may be asked
as to the extent and foundation of his knowledge. These questions are asked only when
it is attempted to impeach by evidence of general bad character.
38 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Former witness sustained.— A former witness may be sustained by proving general
bad character of the impeaching witness. If impeached by proof of contradictory state-
ments, he may be sustained by proof of general good character, the effect of the evidence
to be determined by the court.
Relationship of witness.— The state of the feelings of the witness and his relation-
ship to the parties may always be proved for the consideration of the court.
Exceptions as to Impeachment of one's own witness.— A party may not impeach
the credibility of a witness whom he calls except (1) when the witness appears to be
hostile to the party that calls him; (2) when the party that called him had no option,
but was compelled to do so; and (3) when the party that called him is unduly surprised
at the evidence elicited.
Answers to Irrelevant or collateral matters.— The answers of a witness to irrele-
vant or collateral matters is conclusive against the party asking the question, who will
not be allowed to impeach the witness as to such answers. (Greenleaf, v. 1, 448.)
The rebuttal ended.
The surrebuttal began.
H< * 9i: :ic 4: :ic :ic
Object of surrebuttal.— The defense is accorded an opportunity in the surrebuttal
to overcome matters brought out in the rebuttal. The evidence should, in general, be
confined to matters brought out la the rebuttal, i. e., the defense here endeavors to
sustain its original evidence.
The surrebuttal ended.
The court adjourned to meet
THIRD DAY.
Navy- Yard, Philadelphia, Pa.,
Wednesday, June 23, 1909.
The court met at — a. m.
Present: All the members, the judge-advocate, the stenographer,
the accused, and his counsel.
No witnesses were present.
The record of proceedings of yesterday (or Saturday) was read and
approved.
The accused submitted his written defense, and the court was
cleared to examine it.
Var. 1. The accused requested a delay until to prepare his
written statement (argument). The request was granted, and the
court adjourned to meet at — o'clock a. m.
Var. 2. The accused did not desire to make a statement, and sub-
mitted his case to the court.
Var. 3. The accused offered in bar of judgment the following plea
(same as under plea in bar of trial).
Var. 4. The court desired further testimony and directed the recall
of (or, that be called).
Written or oral defense.— The accused shall be at liberty to make his defense in
writing, or, if an official stenographer be present, orally, either in person or by counsel.
This defense, if written, he shall submit to the court for inspection before it is publicly
read, and if it contains anything improper or disrespectful the court may prevent that
part from being read; but the whole shall be appended to the record, or entered as a part
of the proceedings, if the accused desires it, and he shall be held responsible for the same. ,
Statement may be withdrawn.— The court may permit a written statement, or argu-
ment, to be withdrawn in whole or in part before it is read aloud.
Omission of objectionable matter.— Unless the accused omits the words which the
court decides must not be read, the statement shall not be allowed to be read, but it
may, nevertheless, be appended.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 39
Statement Is personal defense.— The statement of the accused is a personal defense
or declaration and can not be legally acted upon as evidence by the court, nor can it
be a vehicle of evidence or properly embrace documents or other writings, or even
averments of material facts which, if duly introduced, would be evidence; and if such
are embraced in it they are no more evidence than any other part. (Winthrop, v. 1,
452.) It has a threefold function: First, as a modification of the plea, which must be
considered by the court; second, as a summing up and closing argument for the defense,
which may be considered by the court; and, third, as a plea for leniency, which may not
be considered by the court except in recommending the accused to the clemency of the
revising authority.
Jadictal cognizance of statement.— Any averments or facts embraced in the state-
ment may, of course, be proved by testimony, but unless so proved it is not within the
province of the court to take judicial cognizance of them in determining the culpability
or innocence of the accused. It is irregular and improper to have the statement sworn to.
Oral ai^nraents.— When a stenographer is employed both the accused (counsel) and
the judge-advocate may make oral arguments.
When opened, etc., the accused was informed that the court was
ready to hear his written defense, which was read by him (his counsel)
(judge-advocate), and appended, marked " ."
Var. 1. was ready to hear the argument on the part of the
defense.
Var. 2. When opened, all parties to the trial entered, and the presi-
dent announced that omitting the words '* ," the accused
might read his written defense. (Here give reason for this action.)
The accused not desiring to omit the said words, the court decided
that the statement should not be read, and it was appended, marked
" ." (Or, the accused requested permission to withdraw his
written defense.)
The judge-advocate submitted the case to the court without
remark.
Var. 1. The judge-advocate read his reply, appended, marked
*' ." (Or, made the following argument.)
Var. 2. The judge-advocate requested a delay until to
prepare his reply, etc.
When arguments must be written.— Unless the clerk or reporter is a stenographer
the arguments must be written before delivery.
Closing ai^ument.— The judge-advocate is entitled to the closmg argument.
Character of arguments.— A very considerable freedom is allowed in the closing argu-
ments. The testimony and the apparent, or supposed, animus of the witness; the con-
duct motives, and especially any evidence of malice on the part of those responisble for
the prosecution may be sharply criticised. (Winthrop, Abridg., 117.)
The trial was finished.
Evidence may be introduced before finding.— The court may, in the interest of
justice, allow evidence to be introduced out of the regular order and may, for satisfactory
cause, allow the prosecution or the defense to introduce evidence at any time before
arriving at its findings thereon, but it shall not thereafter receive any new evidence
except evidence of previous convictions.
The judge-advocate stated that he had evidence of previous con-
victions.
Var. that he had no evidence of previous convictions.
Judge-advocate to inform court as to previous convictions.— The judge-advocate,
if he has evidence of previous convictions, shall so inform the court and direct its atten-
tion to the article in the Navy Regulations relating thereto. If there be no such evidence,
the judge-advocate need not request that the court be opened for the purpose of having
said fact made a matter of record, as it is suflacient if the record shows that there was no
evidence of that nature, in order that the convening authority may note that this part
of th6 proceedings was not inadvertently overlooked.
40 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
The court was cleared.
Court examines evidence.— When the court has sufficiently examined the evidence,
the president of the court shall put the question upon each specification of each charge,
beginning with the first, whether the specification is ''proved," "not proved," or "proved
in part."
Manner of voting.— Each member shall write "proved," "not proved," or "proved
in part," and if "in part," what part, over his signature, and shall hand his vote to the
president of the court, who, when he has received all the votes upon such specification,
shall read them aloud, being careful not to disclose whose vote he is reading.
No minute of votes.— No written minute of the votes shall be preserved, unless so
ordered by the vmanimous vote of the court.
Agreement must be reached.— The court shall deliberate and consider until a majority
agrees upon a finding, which shall then be recorded.
When accused pleads guilty.— When the accused has pleaded guilty, the proper
finding is, for the specification, "proved by plea," and for the charge, simply "guilty."
Voting upon charge.— When the members have voted upon all the specifications of
any charge, the question shall be put upon the charge to each member: "Is the accused
guilty of this charge, guilty in a less degree than charged, or not guilty? " The members,
as before, shall write "guilty," "not guilty," or "guilty in a less degree than charged,"
and in what degree, over their signatures, and hand their votes to the president, who
shall, after receiving all the votes, read them aloud, and should there be a decision by the
majority, shall record the result. If otherwise, the process shall be repeated until a
decision is arrived at.
All chaises must be voted on.— The president in coUectingthe votes must bear in mind
that the court is bound to exhaust the whole of the charges that come before it by ex-
pressly acquitting or convicting the accused of each allegation contained in the specifica-
tion.
The judge-advocate was recalled and directed to record the fol-
lowing findings :
The specification of the first charge, '^Proved" C^Not proved").
And that the accused, Lieut. X Y. Z , U. S. Navy, is
of the first charge, '^Guilty" C'Not guilty")-
The first specification of the second charge, ''Proved" (''Not
proved") ("Proved in part — proved except the words '
,' which words are not proved").
The second specification of the second charge, "Proved" ("Not
proved") ("Proved in part — proved except the words, ' ,'
which words are not proved, and for which the court substitutes the
words, ' ,' which words are proved").
And that the accused, Lieut. X Y. Z , U. S. Navy,
is of the second charge, "Guilty" ("Not guilty") ("Guilty in a less
degree than charged, guilty of ").
The specification of the third charge, "Not proved" ("Proved")
("Proved in part," etc.).
And that the accused, Lieut. X Y. Z , U. S. Navy, is
of the third charge, "Not guilty;" and the court does, therefore,
acquit (fully acquit) (most fully acquit) (honorably acquit) (most
honorably acquit) (most fully and honorably acquit) the said Lieut.
X Y. Z- , U. S. Navy, of the third charge.
Writing the finding.— The finding must be free from interlineations or erasures,
and must be entered on the record in the handwriting of the judge-advocate.
When finding Is " Not guilty. "—In case the finding is " Not guilty" upon any charge,
the explicit statement should immediately follow that the court acquits the accused ol
such charge.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. ' 41
Finding and sentence of persons tried In joinder.— When two or more persons are
tried in joinder the finding and sentence (or acquittal) in the case of each person arraigned
and tried should be separately recorded.
The court was opened and all parties to the trial entered. The
president announced that the court was ready to receive evidence of
previous convictions.
Wlien no evidence of prevloas convictions. — When there is no evidence of previous
convictions all references to the introduction of such evidence should be omitted.
To what such evidence must relate.— Evidence of previous convictions must relate
to the current enlistment of the accused, and must refer to actual trials and convictions
that have been approved by the authorities whose action is requisite to give full effect
to the sentence, except in cases where the accused has been previously discharged from
the service through sentence of a court-martial, and in cases upon which action has been
withheld and the accused placed on probation.
General court-martial orders.— When properly certified to by the Judge-Advocate-
General of the Navy, who is the legal custodian of the original, as a true copy, the printed
general court-martial order is 'prima facie evidence of its contents.
How such evidence introduced.— Evidence of previous convictions, if objected to
by the accused, should be introduced in the same manner and is subject to the same
rules as other evidence; it is usually documentary, and is generally forwarded by the
convening authority to the judge-advocate with the other papers in the case; if not
objected to it may be introduced as follows:
There being no objection, the judge-advocate read from the
(current) enlistment record of (the accused), an extract showing
previous conviction, copy appended, marked " ."
Extract to be read.- The extract should include the offense committed, the fact and
nature of trial, conviction, sentence, and approval by the proper authorities.
Var. There being no objection, the judge-advocate presented to
the court general court-martial order No. — dated , 1907, in the
case of the accused.
The court was cleared.
Punishment to be adjudged.— It is made by law the duty of courts-martial, in all
cases of conviction, to adjudge a punishment adequate to the nature and degree of the
offense committed.
Each member to vote. — When the coiu^t has been closed, each member shall write
down and subscribe the measure of punishment which he may think the accused ought
to receive, and hand his vote to the president, who shall, after having received all the
votes, read them aloud.
If agreement not reached.— If the requisite number shall not have agreed upon the
nature and degree of the ptmishment to be inflicted, the president shall proceed in the
following manner to obtain a decision:
Begin with mildest punishment.— He shall begin with the mildest punishment
that has been proposed, and after reading it aloud shall ask the members successively,
beginning with the junior in rank: "Shall this be the sentence of the court?" And
every member shall vote, and the president shall note the votes.
Vote on other punishments.— Should there be no decision, the president shaU, in
the same manner as before, obtain a vote on the next lowest punishment, and shall so
continue until some sentence, either of the first or of a subsequently proposed set, shall
have been decided on.
Majority rules except in certain cases, etc.— Except in the case noted in article 50,
Articles for the Government of the Navy, the opinion of the majority is the opinion ol
the court, and the minority is bound thereby; but as the oath taken by every member
provides for the concealment of the vote or opinion of each particular member, care shall
be taken that it does not appear on the record either that the votes of the members in
regard to the finding or sentence were unanimous, or what number of them voted for
any particular finding or sentence, with the exception already noted; and in that case
the record must explicitly show the concurrence of two-thirds of the members present.
42 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Conrts-martlal must not adjudge nominal punishments.— The law does not vest in
courts-martial the pardoning power, nor the right to adjudge nominal punishments
equivalent to a pardon; such powers are elsewhere reposed, and the exercise thereof by a
court-martial is therefore illegal.
The judge-advocate was recalled and recorded the sentence of
the court as follows: The court, therefore, sentences him, Lieut.
X Y. Z , U. S. Navy, to be dismissed from the United
States naval service.
A B. C ,
Captain, V. S. Navy, President.
D E. F ,
Commander, TJ. S. Navy, Member.
G H. I — ,
Captain, TJ. S. Marine Corps, Member.
J K. L ,
Lieutenant, TJ. S. Navy, Member.
M N. O ,
Lieutenant, TJ. S. Navy, Member.
P Q. R ,
First Lieutenant, TJ. S. Marine Corps, Member.
S T. U ,
Lieutenant (j. g.), TJ. S. Navy, Member.
V V. w ,
First Lieutenant, TJ. S. Marine Corps, Judge-Advocate.
Var. 1. to be shot to death by musketry (hanged by the
neck until dead), two-thirds of the members concurring.
Var. 2. to be dismissed from the United States naval serv-
ice and to be imprisoned in such prison or penitentiary as the Secre-
tary of the Navy may designate for a period of two (2) years.
Var. 3. to be suspended from duty for a period of one (1)
year on one-half of shore-duty pay, and to lose five (5) numbers in his
grade.
Var. 4. to be suspended from duty for eight (8) months,
and to lose ten (10) numbers in his grade.
Var. 5. to lose fifty (50) numbers in his grade and to be
publicly reprimanded by the Secretary of the Navy.
Var. 6. to be dismissed from the United States Marine
Corps and from the United States naval service.
Var. 7. to be confined in such place as the convening
authority may designate for a period of ; to perform hard
labor during said confinement and, after his accrued pay shall have
discharged his indebtedness to the United States at the date of
approval of this sentence, to forfeit all pay that may become due
him during said confinement except the sum of dollars ($ — )
per month for 'necessary prison expenses.
Var. 8. to be confined in such place as the convening
authority may designate for a period of ; then to be dishonor-
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 43
ably discharged from the United States Navy (Marine Corps); to
perform hard labor during said confinement, and after his accrued
pay (and allowances) shall have discharged his indebtedness to the
United States at the date of approval of this sentence, to forfeit all |[ UNIVERSITY
pay (and allowances) that may become due him except the sum of .^^ ^ .
dollars ($ — ) per month during said confinement for neces- ^^«s5=yX£^^ss5^
sary prison expenses, and a further sum of dollars ($ — ) to be
paid him when discharged from the service pursuant to this sentence.
Judge-advocate to be recalled to record the sentence.— When a sentence has been
determined upon, the judge-advocate shall be called before the court and, under its
direction, shall draw up the sentence, specifying the exact nature and degree of punish-
ment adjudged and, after approval by the court, shall enter the same upon the record.
Manner of recording sentence. — The sentence must be recorded by the judge-advo-
cate's own hand and must be free from erasures and interlineations. Numbers in the
sentence should be expressed both by words and figures.
Authentication of sentence. — The sentence having been recorded, the proceedings
in each separate case tried by the same court are required by law to be signed by all the
members present when judgment is pronounced, and also by the judge-advocate.
Statutory penalty.— In all cases where a penalty has been designated by statute for a
particular offense, none other than that particular penalty may be imposed, and the
court must pronounce the sentence which the law requires whenever the fact is proved.
Limitations of sentences.— In considering sentences to be imposed, and especially
those involving death, imprisonment for life, and others not provided for by special
penalty, the requirements of the Articles for the Government of the Navy and the limi-
tations duly prescribed for punishments in time of peace, as appended to those articles,
shall be carefully scrutinized and followed . Sentences must be neither cruel nor unusual ,
and must be in accordance with the common law of the land and customs of war in
like cases.
Sentences to suspension.— Sentences which include forfeiture of pay shall, in the
case of officers, state the rate of pay and time of such forfeiture. Those including sus-
pension must state distinctly whether from rank or from duty only.
Loss of numbers.— When an oflficer's position on the navy register will not permit
of his being reduced in accordance with the prescribed limitations of punishments, the
covut shall place him at the foot of the list, with the proviso that he is to remain there
until he has lost the required numbers.
Reduction in rating.— In all cases in which the sentence imposed on a petty officer
involves confinement, it should include reduction to one of the ratings below petty
officer in the branch to which he belongs, and in the case of a noncommissioned officer
of the Marine Corps to private.
Hard labor.— Sentences of general courts-martial including confinement shall contam
a provision requiring that the person sentenced, if an enlisted man, shall perform hard
labor. In all cases where the confinement is to be in a prison or penitentiary, hard labor
shaU be included as a part of the sentence.
Forfeiture of pay due.— It is competent for a court-martial to decree forfeitiu-e of all
pay, except that on deposit, which is due or which may become due to an offender.
Desertion.— In all cases of desertion the sentence shall include dishonorable discharge
and forfeiture of pay (and allowances). Regular allowances, such as marine clothing,
continue unless stopped in direct terms by the sentence. Pay on deposit is, by law,
forfeited by desertion.
Marines. — Marines sentenced to dishonorable discharge should also be sentenced to
forfeiture of all pay and allowances that may become due dm-ing confinement with the
exceptions noted in variation 8 above. Those not sentenced to dishonorable discharge
should be sentenced to forfeiture of pay only during confinement.
Loss of allowances.- Loss of allowances should not be included in sentences (var. 8)
adjudged in cases of enlisted men of the Navy.
Sentence distinct.— A sentence of imprisonment must express distinctly for what
period the same shall continue.
Bread and water.— Whenever a general court-martial imposes a sentence of solitary
confinement on bread and water, the provisions of the Navy Regulations relating
thereto shall be observed.
Summary court punishments.— General courts-martial are empowered by statute
to inflict any of the punishments authorized for summary courts-martial.
44 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
In consideration of (here state reason), we recommend Lieut.
X Y. Z , U. S. Navy, to the clemency of the revising
power.
B. C
Captain, U. S. Navy, President.
G H. I ,
Captain, U. S. Marine Corps, Member.
S T. U ,
Lieutenant (j. g.), U. S. Navy, Member.
Clemency.— If mitigating circumstances have appeared during the trial which could
not be taken into consideration in determining the degree of guilt found by the verdict,
the court may avail itself of such circumstances as adequate grounds for recommending
the prisoner to clemency.
Recommendation.— This recommendation is not to be inserted in the body of the
sentence, but recorded, with the reason therefor, immediately after the signatures of
the court and judge-advocate to the sentence, and must be signed by the members con-
curring in it, but not by the judge-advocate.
Different reasons.— If the members do not agree as to the reasons, different recom-
mendations may be entered, the members acting independently of each other.
The court was opened and proceeded with the trial of .
A B. C ,
Captain, U. S. Navy, President.
V V. w ,
First Lieutenant, U. S. Marine Corps, Judge-Advocate.
Var. 1. The court adjourned to meet to-morrow, (on Mon-
day next) at — o'clock, a. m. (Signed as above.)
Var. 2. The court, having no more cases before it, adjourned to
await the action of the revising authority. (Signed as above.)
Var. 3. The court adjourned to await the call of the president.
(Signed as above.)
Presence of accused during subsequent reading of record.— If the court adjourns
after arriving at a finding and sentence (or acquittal), but before completing the case,
the record of proceedings of the succeeding day should distinctly show that the accused
was present during the reading of so much thereof as referred to the proceedings in
open court, that he then withdrew, and that the court was then cleared, the judge-
advocate remaining, whereupon that part of the record which pertained to the proceed-
ings in closed court was read.
Disposition of precept.— When the court is dissolved, the original precept shall be
forwarded to the convening authority, and shall in all cases be filed in the Navy Depart-
ment.
Case of
Lieut. X Y. Z , U. S. Navy,
July — , 1909,
RECORD OF PROCEEDINGS IN REVISION
OP A
General Court-Martial
CONVENED AT
THE NAVY-YARD, PHILADELPHIA, PA.,
BY ORDER OP
THE SECRETARY OF THE NAVY.
(Variations same as in original.)
Record in revision.— The proceedings in revision must form a separate and complete
record, which should be prefixed to the record of which it is a revision.
Copy furnished.
Var. Copy waived.
Copy for accused.— The accused is entitled to an exemplified copy of the record in
revision to the same extent as he is to a copy of the original proceedings. (See notes
following form of receipt or waiver, page 71.)
45
RECORD
OP
Proceedings in Revision of a General Court-Martial.
FORMS OF LETTERS RETURNING RECORD TO COURT
FOR REVISION.
♦ Navy Department,
Washington, July 2, 1909.
Sir: The record of proceedings of the general court-martial of which you are
president in the case of , fireman second class, U. S. Navy, is herewith returned
to the court.
The Department, after careful consideration, is unable to concur in the finding of
the court upon the charge and specification.
The accused, by his plea of not guilty, threw upon the prosecution the burden
of proving not only his absence from his ship and the naval service, but also hie
intention permanently to abandon the latter. In this connection the attention of
the court is called to articles — and — , Navy Regulations.
It is not clear, from such evidence as was adduced, that a reasonable inference
may properly be drawn that the accused intended permanently to abandon his
contract of enlistment.
The court will reconvene for the purpose of reconsidering the finding and sentence.
The further proceedings of the court will be conducted in accordance with the
provisions of articles — and — , Navy Regulations, and upon the conclusion of such
proceedings the record will be returned to the Judge-Advocate-General of the Navy.
Very respectfully,
C F. L ,
Secretary of the Navy.
Capt. A B. C , U. S. Navy,
President General Court-Martial,
Navy-Yard, Mare Island, Cal.
V. s. s.
Off , Julys, 1909.
Sir: The record of proceedings of the general court-martial of which you are
president in the case of , coal passer, U. S. Navy, is herewith returned
to the court.
The convening authority, after careful consideration, does not consider that the find-
ing is in accord with the evidence which was brought before the court, in that the
accused did, by his plea, admit his absence from the naval service between the dates
specified, a period of one year and two months, and failed to bring any evidence to
show that it was impossible to return to his duty or that he had endeavored in any
way to communicate with the naval authorities.
The prosecution brought evidence to show that the accused was in civilian clothes
when he surrendered on board the U. S. S. . The accused made no explana-
tion whatever of his prolonged absence from his station and duty, and this fact
47
48 * PROCEEDINGS OF A GENERAL COURT-MARTIAL.
under section 1053, Digest of Opinions of Judge-Advocates-General, U. S. Army,
(McClure), page 300, lines 6, 7, and 8, furnishes a presumption of the intent necessary
to prove desertion, as does also the fact that the accused had sometime during his
long absence, to which he pleaded guilty, disposed of his uniform, and was obliged
to surrender himself, when he did surrender, dressed in civilian clothes.
The court will reconvene for the purpose of reconsidering the finding and sentence.
The further proceedings of the court will be conducted in accordance with the
provisions of articles — and — , Navy Regulations, and iipon the conclusion of such
proceedings the record will be returned to the convening authority.
Very respectfully,
L M. N ,
Rear- Admiral, U. S. Navy, Commander-in-Chief, U. S. Atlantic Fleet.
Capt. A- B. C , U. S. Navy,
President General Court- Martial,
u. s. s. .
Navy Department,
Washington, July 2, 1909.
Sir: The record of proceedings of the general court-martial of which you are
president in the case of , seaman, U. S. Navy, is herewith returned.
The Department, after careful consideration, is unable to concur in the findings of
the court upon the charges and specifications.
It appears from the record that the accused pleaded guilty to the first charge and
specification, that evidence was adduced substantiating the allegations of the specifi-
cation, that the accused, at his own request, took the stand in his own defense and cor-
roborated every allegation contained in the specification, and further showed that he
was on duty in charge of a draft, that he turned over official papers intrusted to
him to a person not authorized to receive them, that by his own act of leaving his
duty and drinking with strangers he failed to proceed as ordered, that he came to his
senses in twenty-six hours, that he made no effort to return to the U. S. S. , or
to proceed as ordered until December 16, 19 — . It also appears that the court, after
hearing the above and more to the discredit of the accused, advised him to withdraw
his plea of guilty to the first charge as inconsistent with his sworn testimony, and
after mature consideration found the specification of the first charge proved and the
accused of the first charge not guilty.
It is impossible for the Department to understand how the court could have arrived
at such a conclusion as to the guilt of the accused. (See Digest Opinions Judge-Advo-
cates-General of the Army, sec. 1353.)
The specification of the first charge being proved, and it being shown by the testi-
mony of the accused that he made no attempt to communicate with the naval authori-
ties, but remained absent from his station and duty until December — , 19 — , it follows
that he deliberately and wilfully remained absent from the U. S. S. until after
she had sailed, and was therefore guilty of the second charge.
The court will reconvene for the purpose of reconsidering the findings and sentence.
The further proceedings of the court will be conducted in accordance with the pro-
visions of articles — and — , Navy Regulations, and upon the conclusion of such
proceedings the record will be returned to the Judge- Advocate-General of the Navy.
Very respectfully,
C F. L ,
Secretary of the Navy.
Capt. A B. C , U. S. Navy,
President General Court- Martial,
Navy- Yard, Boston, Mass,
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 49
Navy Department,
Washington, July 2, 1909.
Sir: The record of proceedings of the general court-martial of which you are presi-
dent is herewith returned to the court for reconsideration of the finding and sentence
in the case of , coal passer, U. S. Navy.
The court has found the accused guilty of desertion, and in this connection the
attention of the court is called to article , Navy Regulations, which provides as
follows:
In order to establish the commission of the specific offense of desertion, both the
fact of unauthorized absence and the intent permanently to abandon the service or,
at least, to terminate the pending contract of enlistment, must be proved.
From an examination of the record of proceedings of the court in this case it appears
that while the unauthorized absence of the accused is established, there is no evidence
of his intention permanently to abandon the service, which intention must be shown
in order to support the charge of desertion. (See Digest Opinions Judge- Advocates-
General of the Army, sees. 1053, 1054, and 1057.)
It is presumed that the judge-advocate introduced all the evidence which was
available in order to establish the intent of the accused permanently to abandon the
service. The fact of his having left the ship without permission, the duration of his
absence, and his reporting in civilian's clothes furnish presumptive evidence of such
intent, but this presumptive evidence is negatived by the testimony of the accused in
which he denies that he at any time intended to desert, by the fact that he placed
himself in communication with the Bureau of Navigation, and that he voluntarily
delivered himself up.
From a careful consideration of the entire evidence in the case as outlined above,
the Department is of opiuion that the intention of permanently to aban-
don the service has not been shown beyond a reasonable doubt, and that, therefore,
the benefit of such doubt should be given to him.
The attention of the court is also called to the fact that the offense of desertion
includes the lesser offense of absence without leave; and if such absence is established
to the satisfaction of the court, and it concurs in the views of the Department that there
is not suflQcient proof of the necessary intent, it is the duty of the court to find proved
so much of the specification as supports the charge of absence without leave, and that
the accused is of the charge guilty in a less degree than charged, guilty of absence with-
out leave, and then to adjudge a sentence adequate to the offense.
The further proceedings of the court will be conducted in accordance with the
provisions of articles — and — , Navy Regulations, and upon the conclusion of such
proceedings the record will be returned to the Judge- Advocate-General of the Navy.
Very respectfully,
C F. L ,
Secretmy of the Navy.
Capt. A — B. C ,
President General Court- Martial,
Navy- Yard, Puget Sound, Wash.
Navy Department,
Washington, July 2, 1909.
Sir: The record of proceedings of the general court-martial of which you are
president, in the case of Lieut. X Y. Z , U. S. Navy, is retm-ned herewith.
From an examination of the record it appears that the court has sentenced Lieutenant
Z **to be restricted to the limits of the naval station, , for a period
8483— 1(
50 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
of six (6) months, and to be publicly reprimanded by the Secretary of the Navy."
WTiile this sentence appears to be otherwise appropriate, it is deemed objectionable in
that it designates the precise place to which Lieutenant Z is to be restricted.
The court will perceive that if this sentence be approved as it now stands, and exi-
gencies of the service should hereafter require that this officer be ordered to duty at
any other station than , or on board any naval vessel, the sentence would
interfere with the interests of the service. It is considered, therefore, that the place
of restriction should be left to the discretion of the Secretary of the Navy.
The court will reconvene, etc.
Very respectfully, C F. L ,
Secretary of the Navy.
Capt. A B. C , U. S. Navy,
President General Court- Martial,
Navy- Yard, Philadelphia, Pa.
Navy- Yard, Philadelphia, Pa.,
Wednesday, June — , 19 — .
The court reconvened at 10 a. m., pursuant to an order hereto
prefixed, marked ^M," which was read by the judge-advocate.
Present: (Here insert the names.)
No new testimony.— When a court is ordered to revise its proceedings new testimony
shall not be brought forward in any shape.
Confined to record.— The revision shall be strictly confined to a reconsideration of
the matter already recorded in the proceedings, no part of which shall be amended,
altered, or annulled in any way.
Record of revision.— During the revision an entirely separate record shall be kept,
to which the order for reassembling must be prefixed. A full entry shall be made of all
the proceedings, verified in the ordinary manner by the signatures of all the members
of the court and the judge-advocate, and transmitted, as before, to the reviewing officer
for his action.
Judge-advocate excluded.— The judge-advocate shall be excluded from the court
room during a revision of the finding and sentence of the court.
Presence of accused.— It is not in general necessary or desirable that the accused be
present at a revision. Where, however, any possible injustice may result from his
absence, he should be required or permitted to be present, and with counsel, if preferred.
Thus, where the defect to be corrected consists in an omission properly to set forth a
special plea made or objection taken by the accused, it may be desirable that he should
be present in order that he may be heard as to the proper form of the proposed correc-
tion. Where the error is clerical merely, or, though relating to a material particular,
consists in the omission of a formal statement only, the presence of the accused is not,
in general, called for.
Clerical errors.— Clerical errors are not to be corrected in an informal manner by
erasure or interlineation.
Absent: (Here insert the names, with reason for absence in each
case.)
Quorum present.— A correction can be made only by a legal court. At least five,
therefore, of the members who acted upon the trial must be present. That there are
fewer members at the reassembling than at the trial is immaterial, provided there are
five. The judge-advocate should be present. (Dig. Opins. J. A. G. Army, 2251.)
The judge-advocate who acts during a revision need not necessarily be the same one
who acted during the trial of the case.
The court was cleared.
The judge-advocate was recalled and directed to record that the
court decided to revoke its former (finding) sentence in the case of
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 51
Lieut. X Y. Z , U. S. Navy, and to substitute therefor
the following sentence: .
(Signed by all the members and the judge-advocate.)
Var. 1, and to substitute therefor the following finding:
The specification proved in part, proved except, etc. The court
respectfully adheres to its former sentence.
Var. 2. decided respectfully to adhere to its former finding
(or, finding and sentence; or, sentence).
Var. 3. decided to correct the following clerical errors: On
page — , by inserting between lines 10 and 11, the following: * ' ."
(a) On page 9, by omitting from lines 16 and 17 the following:
(b) On page 20, by omitting the words *' ," lines 5 to
9, inclusive, and substituting therefor the words '* ."
The court took up the next case.
Var. 1. adjourned to await the action of the revising au-
thority.
Var . 2 . adjourned to meet to-morrow (on Monday next) at —
o'clock a. m.
Var. 3. proceeded with the trial of .
(Signed by the president and judge-advocate.)
ACTION OF CONVENING AUTHORITY ON THE RECORD.
June — , 19 — .
The proceedings, finding (findings), and sentence of the general
court-martial in the foregoing case of Lieut. X Y. Z ,
U. S. Navy, are approved.
M L. M ,
Rear Admiral, U. S. Navy,
Oommander in Chief, U. S. Padjlc Fleet.
(Or) Rear Admiral, U. S. Navy,
Oommander in, Chief, Third Squadron,
U. S. Pacific Fleet.
(Or) Rear Admiral, U. S. Navy,
Commander of Second Division, and
Commander in Chief, Detached Squadron,
U. S. Pacific Fleet.
(Or) Captain, U. S. Navy, Commandant,
Commanding U. S. Naval Station,
San Juan, Porto Rico.
62 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Execution of sentence.— No sentence of a general court-martial may be carried into
execution until after the whole of the proceedings have been laid before the reviewing
authority or, when the circumstances of the case require such action, have been sub-
mitted through the Secretary of the Navy to the President, for his confirmation and
orders.
Conflicting testimony.— In passing upon the findings and sentence of a court-martial
the reviewing officer will properly attach special weight to its conclusions where the
testimony has been of a conflicting character. This for the reason that having the
witnesses before it in person, the court was qualified to judge, from their manner in
connection with their statements, as to the proper measure of credibility to be attached
to them individually.
Var. 1. The proceedings of the general court-martial in the fore-
going case of Lieut. X Y. Z , U. S. Navy, are approved;
the findings and sentence are disapproved for the following reasons
(here state reasons) ; he will be released from arrest (confinement) and
restored to duty.
Power of reviewing autliority.— Where the law does not authorize the officer who
convened a general court-martial to confirm and execute the sentence, he has still abso-
lute power to disapprove and annul it. Should the sentence be one which he is not
empowered finally to confirm and execute, and he can not remit or mitigate the same,
if he thinks it ought to be confirmed he shall, in transmitting the proceedings to the
authority having such power, subscribe a formal approval thereof on the record. (16
Opins. A. G.,312.)
Effect of disapproval.- While approval gives life to a sentence, disapproval, on the
other hand, quite nullifies the same. A disapproval of the sentence of a court-martial
by the legal reviewing authority is not a mere expression of disapprobation, but a final
determinate act, putting an end to the proceedings in the particular case and rendering
them entirely nugatory and inoperative; and the legal effect of a disapproval is the same
whether or not the officer disapproving is authorized finally to confirm the sentence.
But to be 4;hus operative, a disapproval should be express. The mere absence of an
approval is not a disapproval, nor can a mere reference of the proceedings to a superior
without words of approval operate as a disapproval of the sentence. The effect of the
disapproval, wholly, of a sentence is not merely to annul the same as such, but also to
prevent the accruing of any disability, forfeiture, etc., which would have been incidental
upon an approval.- (Dig. Opins. J. A. G. Army, 2229.) A disapproval of a sentence
by the proper reviewing authority is "tantamount to an acquittal by the court." (lb.)
Can not disapprove and commute.— A reviewing officer can not disapprove a sentence
and then proceed to mitigate or commute the punishment since, upon the disapproval,
there is nothing left in the case upon which any such action can be based.
Upon revision.— While a reviewing officer can not compel the court to adopt his
views in regard to a supposed defect, he may, in a proper case, express his formal dis-
approval of their neglect to do so. Where a court adheres to a sentence manifestly too
lenient for the offense found, upon being reassembled to consider reasons presented by
the reviewing authority for the infliction of a severer penalty, it is within the authority
of the latter and would be no more than proper and dignified for him, in taking final
action on the case, to reflect upon the refusal of the court as ill judged and as having the
effect to impair the discipline and prejudice the interests of the service.
Var. 2, The proceedings of the general court-martial in the fore-
going case of Lieut. X Y. Z , U.S. Navy, are approved;
the findings on the first and second specifications of the first charge
are disapproved; and the findings on the second and third charges
and the specifications thereunder, and the sentence, are approved.
Var. 3. The proceedings, findings, and sentence of the general
court-martial in the foregoing case of are approved.
The U. S. S. is designated as the place of confinement until
an opportunity offers for sending him to the United States in a pub-
lic conveyance.
Var. 4. The proceedings, findings, and sentence of the general
court-martial in the foregoing case of are approved,
and the U. S. S. is designated as the place for the execution
of eo much of the sentence as relates to confinement.
PEOCEEDINGS OF A GENERAL COURT-MARTIAL. 53
Var. 5. The proceedings, findings, and sentence of the general
court-martial in the foregoing case of are approved,
and the naval prison at the navy-yard, , , is designated
as the place for the execution of so much of the sentence as relates to
confinement.
Designation of prison.— Officers authorized by law to convene general courts-martial
are empowered to designate prisons for the confinement of men convicted by such courts,
as follows:
(a) Those convicted by courts convened by commanders in chief of fleets or squadrons,
or commandants of naval stations, in Atlantic waters — the naval prison at the navy-yard,
Portsmouth, N. H., except in cases tried at Boston, Mass., or on board ships about to
proceed to Boston, Mass., when the naval prison at the navy-yard, Boston, Mass., may
be designated.
(b) Those convicted by courts convened by commanders in chief of fleets or squadrons
on the Pacific coast, or commandants of naval stations at Hawaii and Samoa— the naval
prison at the navy-yard. Mare Island, Cal., or the U. S. S. Nipsic at the navy-yard, Puget
Sound, in the discretion of the convening authority.
(c) Those convicted by courts convened by commanders in chief of fleets or squadrons
in Asiatic waters, or commandants of naval stations in the Philippine Islands and Guam—
the naval prison at the naval station, Cavite, P. I.
In cases tried at Guam the commandant may, in his discretion, designate the naval
prison at the navy-yard, Mare Island, Cal.
Transfer of prisoner and notification.— The convening authority, after action upon
a case, will order transportation and send the prisoner under proper guard to the
designated prison at the earliest practicable date, notifying the commandant of the
navy-yard or station at which the designated prison is located, by letter, stating the
offense, sentence, action of convening authority, and date of such action. A similar let-
ter shall be sent to the Auditor for the Navy Department, giving the same data and,
in cases of desertion and absence without leave, addftional information showing the
dates of the beginning and ending of the period of unauthorized absence. The enlist-
ment records and pay accounts, or staff returns, of such prisoners should accompany
them.
Notation on court-martial record.— Notation shall be made on the face of the record
(cover sheet) that the above-mentioned letters have been sent, with the date, thus:
Letters to Commandant, Navy- Yard, Portsmouth, N. H., and Auditor, (date). The
action of the convening authority, shown on the record of the case as forwarded to the
Judge-Advocate-General, will be sufficient notification to the Department as to the desig-
nated place of confinement.
Var. 6. The proceedings, findings, and sentence of the general
court-martial in the foregoing case of are approved.
In view, however, of the unanimous recommendation to clemency
the is reduced to .
Var. 7. The proceedings, findings, and acquittal of the general
court-martial in the foregoing case of are approved,
and he will be released from confinement (arrest) and restored to duty.
Var. 8. The proceedings, findings, and sentence of the general
court-martial in the foregoing case of Lieut. X Y. Z ,
U. S. Navy, are approved and, in conformity with article 53 of the
Articles for the Government of the Navy, the record is respectfully
referred to the Secretary of the Navy for transmission to the Presi-
dent.
Article 53, A. G. N.— No sentence of a court-martial, extending to the loss of life, or
to the dismissal of a commissioned or warrant officer, shall be carried into execution untU
confirmed by the President. All other sentences of a general court-martial may be carried
into execution on confirmation of the commander of the fleet or officer ordering the court.
Final disposition of records.— The records of proceedings of all courts-martial shall
be forwarded direct to the Judge-Advocate-General by the reviewing authority after
acting thereon, or in the case of general courts-martial convened by the Secretary of the
Navy, by the presiding officer of such courts.
Letters of transmittal not required.- Letters of transmittal are not required In
forwarding to the Department records of proceedings of courts-martial, courts of inquiry,
or boards, and should not be sent.
54 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Precept for general court-martial.
(Or)
Navy Department,
Washington, June 11, 1909.
(Or)
U. S. S. Connecticut,
Off Provincetown, Mass.,
June 11, 1909.
U. S. Naval Station,
San Juan, Porto Rico,
June 11, 1909.
To Capt. A B. C , U. S. Navy,
Commanding U. S. S. Wisconsin,
Navy- Yard, Philadelphia, Pa.,
(Naval Station^ San Juan, P. R.)
A general court-martial is hereby ordered to convene at the navy-yard, Philadel-
phia, Pa. (on board the U. S. S. Ohio, off Provincetown, Mass.) (naval station, San
Juan, P. R.), at 10 o'clock a. m., on Monday, June 21, 1909, or as soon thereafter as
practicable, for the trial of Lieut. X Y. Z , U. S. Navy, and of such other
persons as may be legally brought before it.
The court is composed of the following-named members, any five of whom are em-
powered to act, viz:
Capt. A B. C , U. S. Navy;
Commander D E. F , U. S. Navy;
Capt. G H. I , U. S. Marine Corps;
Lieut. J K. L , U. S. Navy;
Lieut. M N. O , U. S. Navy;
First Lieut. P Q. R , U. S. Marine Corps;
Lieut, (j. g.) S T. U , U. S. Navy; and of First Lieut. V V.
W , U. S. Marine Corps, as judge-advocate. No other officers can be
summoned without injury to the service.
Detachment of an officer from his ship or station does not of itself relieve him from
duty as a member or judge-advocate of the court. Specific orders for such relief are
necessary.
This employment on shore duty is required by the public interests, (This line
should be omitted if the employment is not shore duty.)
C F. L ,
Secretary of the Navy.
(Or) M L. M ,
Rear-Admiral, U. S. Navy,
Commander in Chief, U. S. Pacific Fleet.
(Or) R P. G ,
Rear-Admiral, U. S. Navy,
Commander of Second Division, and Commander in Chief,
Detached Squadron, U. S. Pacific Fleet.
(Or) J — V. S ,
Captain, U. S. Navy, Commandant,
Commanding U. S. Naval Station, San Juan, P. R.
Name of president Included.— The name of the oflacer to whom the precept is ad-
dressed must be included in the body thereof.
Who may order court.— General courts-martial may be convened by the President,
by the Secretary of the Navy, by the commander in chief of a fleet or squadron, and by
the commanding oflBcer of any naval station beyond the continental limits of the United
States.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 55
Composition of court.— A general court-martial shall consist of not more than 13
nor less than 5 commissioned officers, and as many officers, not exceeding 13, as can
he convened without injury to the service, shall be summoned on every such court.
But in no case where it can be avoided without injury to the service shall more than
one-half, exclusive of the president, be junior to the officer to be tried.
If less than thirteen members.— When less than 13 officers are detailed upon a gen-
eral court-martial, a statement that "no other officers can be summoned without injury
to the service " shall be an essential part of the precept, as showing that the requirements
relating both to the number and rank of members have been complied with, as far as
the interests of the service allow.
Number, rank, and corps.— The limitations as to the number, rank, or corps of the
members is discretionary with the appointing power, and his decision thereon is final.
Trial of staflF or marine officer.— In detaiUng officers for the trial of a stafE or marine
officer, it is proper, if the exigencies of the service permit, that at least one-third of the
court be composed of officers of the same corps as the person to be tried.
Possibility of challenge. — No officer should be named as a member against whom
either the judge-advocate or the accused can reasonably object when called upon to
exercise the privilege of challenge.
Copy appended to record.
lietter from convening authority making change In
composition of the court.
Navy Department,
Washington, June 18, 1909.
Sir: Lieut. F S. A , U. S. Navy, is hereby appointed a member (judge-
advocate) of the general court-martial of which you are president, in place of Lieut.
M N. O , U. S. Navy, hereby relieved.
Very respectfully, C F. L ,
Secretary of the Navy.
Capt. A B. C , U. S. Navy,
President General Court- Martial,
Navy- Yard, Philadelphia, Pa.
Changes In court.— Changes in the composition of the court can legally be made only
by the convening authority, and no officer is empowered to sit as a member or judge
advocate except in obedience to an order signed by such authority and addressed to the
court.
Copies appended. — Copies of all communications making changes in the court must
be appended to the record.
lietter transmitting precept.
Navy Department,
Washington, June 11, 1909.
Sir: I transmit herewith a precept addressed to you as president of a general court-
martial ordered to convene at the navy-yard, Philadelphia, Pa., at 10 o'clock a. m.,
on Monday, June 21, 1909. (The charges and specifications preferred against Lieut.
X Y. Z , U. S. Navy, have been forwarded to the judge-advocate of the
court.)
Very respectfully, C F. L ,
Secretary of the Navy.
Capt. A B. C , U. S. Navy,
Navy- Yard, Philadelphia, Pa.
The last sentence in the above letter is added only when the court is convened to try
a special case. It is ordinarily unnecessary when sending a new precept to a permanent
court.
Not appended to record.
56 PROCEEDmOS OP A GENERAL COURT-MARTIAL.
Letter transmitting charge and specification.
Navy Department,
Washington, June 11, 1909.
Sir: C J. S , seaman, U. S. Navy, will be tried before the general court-
martial of which you are judge-advocate, upon charge and specification (charge
and specifications) (charges and specifications) herewith transmitted.
You will notify the president of the court accordingly, inform the accused of the
date set for his trial, and summon all witnesses, both for the prosecution and for the
defense.
Very respectfully, C F. L ,
Secretary of the Navy.
First Lieut. V V. W , U. S. Marine Corps,
Marine Barracks, Navy- Yard, Philadelphia.
Prefixed to record, preceding charges and specifications.
Letter transmitting copy of charge and specification to com-
manding officer under whom the accused is serving.
Navy Department,
Office of the Judge-Advocate-General,
Washington, June 11, 1909.
Sir: C J. S , seaman, U. S. Navy, will be tried by general court-martial.
I have to request that the inclosed copy of the charge and specifications be delivered"
to him with information that the judge-advocate of the court has been directed to
notify him as to the date of his trial and to summon such witnesses as may be required
for his defense.
By direction of the Secretary of the Navy:
Very respectfully, C H. E ,
Judge-Advocate-General,
The Commanding Officer,
U. S. S. Kentucky,
Navy- Yard, Philadelphia, Pa.
Not appended to record.
Letter to commandant of navy-yard, inclosing charges and
specifications, and placing officer under arrest.
Navy Department,
Washington, June 11, 1909.
Sir: I transmit herewith charges, with specifications, preferred against Lieut.
X Y. Z , U. S. Navy, which you will deliver to him with the accom-
panying letter, place him under arrest in conformity with article 44 of the Articles
for the Government of the Navy, directing that he confine himself to the limits of
(the navy-yard under your command), and further direct him to report to Capt.
A B. C , U. S. Navy, at 10 o'clock a. m., Monday, June 21, 1909, for
trial before the general court-martial of which that officer is president.
Very respectfully,
C F. L— ,
Secretary of the Navy.
The Commandant,
Navy- Yard, Philadelphia, Pa.
PEOCEEDINGS OF A GENERAL COUET-MARTIAL. 57
Order placing oflacer under arrest.
U. S. Naval Station, Hawah,
Honolulu, T. H., June 11, 1909.
Sm: Inclosed you will find charges, with specifications, preferred against you.
♦A general court-martial has been ordered to convene at this station at 10 o'clock
a. m., on Monday, June 21, 1909, at which time and place you will report to Capt.
A B. C , U. S. Navy, the presiding officer of said court, for trial. ^
You are hereby placed under arrest and will confine yourself to the limits of .
Very respectfully,
G G. G ,
Rear-Admiral, U. S. Navy, Commandant, U. S. Naval Station, Hawaii.
Lieut. X Y. Z , U. S. Navy,
U. S. Naval Station, Hawaii.
(Or)
U. S. S. Connecticut,
Off Provincetown, Mass.,
June 11, 1909.
Sir: Inclosed you will find charges, with specifications, preferred against you.
You will be tried by the general court-martial now in session on board the U. S. S.
New Hampshire, and will report to Capt. A B. C , U. S. Navy, the pre-
siding officer of said court, at such time as he may designate, for trial.
You are hereby placed under arrest and will confine yourself to the limits of the
u. s. s. .
Very respectfully,
D D. D ,
Rear-Admiral, U. S. Navy, Commander in Chief, U. S. Atlantic Fleet.
Lieut. X Y. Z , U. S. Navy,
U. S. S. Louisiana.
Letter to commandant of navy-yard (or to commanding
officer of vessel) directing him to furnish, clerical assistance.
Navy Department,
Washington, June 11, 1909.
Sir: A general court-martial, of which Capt. A B. C , U. S. Navy, is
president, has been ordered to convene at the navy-yard, Philadelphia, at 10 o'clock
a. m., on Monday, June 21, 1909.
You will detail, from the civil employees or enlisted force under your command,
a suitable person (or persons) to assist the judge-advocate in recording the proceedings
of the court.
Very respectfully, C F. L ,
Secretary of the Navy.
The Commandant,
Navy- Yard, Philadelphia, Pa.
Not appended to record.
58 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Letter to judge -advocate authorizing correction in the speci-
fications.
Navy Department,
Washington, June 15, 1909.
Sir: You are hereby authorized and directed to change the copy of charges and
specifications preferred by the Department against Lieut. X Y. Z , U. S.
Navy, in the following particular: On page 3, line 6, the word " " to " ."
You will cause the copy in the possession of Lieut. Z to be corrected
accordingly.
Very respectfully, C F. L ,
Secretary of the Navy.
First Lieut. V V. W , U. S. Marine Corps,
Judge-Advocate, General Court- Martial, Navy- Yard, Philadelphia, Pa.
Prefixed to record, following letter of transmittal and preceding charges and
specifications.
Ijetter to judge -advocate authorizing a nolle prosequi.
Navy Department,
Washington, June 17, 1909.
Sir: You are hereby authorized and directed to enter a nolle prosequi in the case
of Lieut. X Y. Z , U. S. Navy, on the charge and specification preferred
against him by the Department, and forwarded to you on June 11, 1909, for trial.
You will return all papers in the foregoing case to the Department (office of the
Judge- Ad vocate-G en eral) .
Very respectfully, C F. L ,
Secretary of the Navy.
First Lieut. V V. W , U. S. Marine Corps,
Judge- Advocate, General Court- Martial, Navy- Yard, Philadelphia, Pa.,
Appended to record.
Letter to judge-advocate authorizing the employment of a
stenographer.
Navy Department,
Washington, June 11, 1909.
Sir: You are hereby authorized and directed to employ, at the customary market
rates, to be agreed upon in writing before any services are rendered, such stenographic
assistance as may, in your judgment, be requisite and proper for the purpose of
recording the proceedings to be had, and the testimony to be taken, by the general
court-martial of which you are judge-advocate, ordered to convene on board the
U. S. S. Connecticut at Hampton Roads, Va., on Tuesday, June 15, 1909.
This agreement will embrace a separate charge for the copying of such matter as
may not be taken stenograph ically.
Should it appear at any time subsequent to the making of the original agreement
that service other than that specified therein is necessary, a new agreement in writing
shall at once be made concerning the additional service.
The commanding officer of the U, S. S. Connecticut has been directed to furnish
you with the necessary clerical assistance.
Very respectfully, C F. L ,
Secretary of the Navy.
Commander K K. K , U. S. Navy,
Judge- Advocate, General Court- Martial,
U. S. S. Connecticut, Hampton Roads, Va.
Mot appended to record.
PROCEEDINGS OE A GENERAL COUKT-MARTlAL. 59
Form of agreement between judge-advocate and stenog-
raplier.
, 1909.
I propose to do the necessary stenographic work in the general court-martial (court
of inquiry) to be convened at , on the day of (now in session
at ), for the trial of (or as the case may be), and furnish copies of
the record for cents per folio of words (or, for $ per diem); and
to copy such matter as may not be taken stenographically for cents per folio.
Should additional service, other than that herein specified, become necessary, a
new agreement for such service at not more than market rates therefor will be made.
The above proposition is accepted.
V V. W-
Judge- Advocate.
Agreement In duplicate. — This agreement should be made in duplicate, one copy
to be retained by the stenographer and the other forwarded by the judge-advocate to
the Judge-Advocate-General of the Navy when the services have been performed.
Request for court room and for provost- marshal, guard, and
orderlies.
U. S. S. Wisconsin,
Navy- Yard, New York,
June U, 1909.
Sir: Having been appointed president of a general court-martial, ordered to con-
vene at the navy-yard under your command, at 10 o'clock a. m., on Monday, June
21, 1909, I respectfully request that a suitable place be assigned for the sessions of
the court, and that a provost- marshal and the necessary guard and orderlies be de-
tailed, as provided by the Navy Regulations.
Very respectfully, A B. C ,
Captain, U. S. Navy, President.
The Commandant,
Navy- Yard, New York.
Order to president of court wlien travel is involved.
Navy Department,
Washington, June 12, 1909.
Sir: Having been appointed president of a general court-martial ordered to convene
at the navy-yard, New York, at 10 o'clock a. m., on Monday, June 22, 1909, you will
proceed to that place and report to the commandant of said yard on the date specified.
The members of the court and the judge-advocate have been directed to report
to you.
Upon the completion of this duty return to Boston, Mass., and resume present
duties.
Very respectfully, C F. L ,
Secretary of the Navy.
Capt. A B. C , U. S. Navy,
Commanding U. S. 8. Vermont,
Navy- Yard, Boston. Mass.
If president of court Is senior.— When the president of the court is senior to the
commandant of the station, he is ordered to confer with, instead of reporting to, him.
If court ordered by commander in chief.— When the court is ordered by a com-
mander in chief of a fleet or squadron, or the commandant of a naval station abroad,
this order is issued from his office.
Not appended to record.
60 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Order to president of court when no travel Is involved.
Navy Department,
Washington, June 12, 1909.
Sir: Having been appointed president of a general court-martial ordered to con-
vene at the navy-yard, Washington, D. C, at 10 o'clock a. m., on Monday, June 22,
1909, you will report to the commandant of said yard on the date specified.
The members of the court and the judge-advocate have been directed to report
to you.
This duty is in addition to your present duties.
Very respectfully, C F. L ,
Secretary of the Navy.
Capt. A B. C , U. S. Navy,
Navy- Yard, Washington, D. C.
If court ordered by commander In chief.— When the court is ordered by a com-
mander in chief of a fleet or squadron, or the commandant of a naval station abroad, this
order is issued from his office.
Not appended to record.
Order to member or judge -advocate when travel Is involved.
Navy Department,
Bureau of Navigation,
Washington, June 12, 1909.
Sir: Having been appointed a member (judge-advocate) of a general court-martial
ordered to convene at the navy-yard. New York, at 10 o'clock a. m., on Monday,
June 22, 1909, you will proceed to that place and report to Capt. A B. C ,
U. S. Navy, presiding officer of the court, at the time specified.
Upon the completion of this duty return to Boston, Mass., and resume present
duties.
Very respectfully, M M. M ,
Chief of Bureau.
Lieut. J K. L , U. S. Navy,
Navy- Yard, Boston, Mass.
If court ordered by commander In chief. — When the court is ordered by a com-
mander in chief, etc., these orders are issued from his office.
Not appended to record.
Order to member or jndge-advocate vs^lien no travel is
involved.
Navy Department,
Bureau op Navigation,
June 12, 1909.
Sir: Having been appointed member (judge-advocate) of a general court-martial
ordered to convene at the navy-yard. New York, at 10 o'clock a. m., on Monday, June
22, 1909, you will report to Capt. A B. C — '■ , U. S. Navy, the presiding
officer of the court, at the place and time specified.
Very respectfully, M M. M ,
Chief of Bureau .
Lieut. M N. O , U. S. Navy,
U. S. S. Birmingham,
Navy- Yard, New York.
If court ordered by commander In chief. — When the court is ordered by a com-
mander in chief, etc., these orders are issued from his office.
Not appended to record.
PEOCEEDTNGS OF A GENERAL COURT-MARTIAL. 61
Summons for naval witness.
Court-Martial Room,
Navy- Yard, New York,
June 23, 1909.
To Lieut. G C. C , U. S. Navy,
Navy- Yard, New York.
You are hereby summoned to appear before a general court-martial at the navy-yard.
New York, at 10 o'clock a. m., June 24, 1909, as a witness for the prosecution (defense)
in the case of Lieut. X Y. Z , U. S. Navy.
When discharged, return to your present station and duties.
V V. W ,
First Lieutenant, U. S. Marine Corps,
Judge- Advocate.
Jndge-advocate to summon witnesses.— The judge-advocate shall summon, through
the customary channels, every person whose testimony is in any way necessary, whether
to the prosecution or to the defense; but he shall not, except by order of the court, sum-
mon any witnesses at the expense of the United States, or any officer of the Navy or
Marine Corps, unless satisfied that his testimony is material and necessary to the ends
of justice.
Officers on leave or waiting orders.— Whenever the judge-advocate of a court-martial
convened within the limits of the United States has occasion to summon as witness an
officer who may at the time be waiting orders or on leave, he shall, at the same time,
notify the Bureau of Navigation or the Commandant of the Marine Corps, as the case
may be, of the fact that the summons has been issued; and he shall send a similar notice
when such officer is discharged from further attendance on the court.
Enlisted man.— When the attendance of an enlisted man as a witness is desired, and
formal notification is necessary, a summons in the form shown above will be trans-
mitted to such witness through official channels.
Not appended to record.
Subpoena for civilian witness.
Naval General Court-Martial of the United States,
Navy- Yard, New York.
United States j
V. ^ \ Subpoena.
Lieut. X Y. Z , U. S.' NavyJ
The President of the United States to J B. S :
You are hereby commanded to appear as a witness for the prosecution, at 10 o'clock
a. m., June 22, 1909, before a naval general court-martial of the United States, convened
at the navy-yard. New York, by an order of the Secretary of the Navy, dated June
11, 1909.
And herein fail not under penalty of five hundred dollars fine or imprisonment for
six months, or both.
Bring with you this precept and depart not the court without leave.
Witness: Capt. A B, C , U. S. Navy, president of the said court, this 21st
day of June, 1909.
V V. W ,
First Lieutenant, U. S. Marine Corps,
Judge-Advocate.
62 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Power to compel attendance.— The act of Congress, approved February 16, 1909,
provides that a naval court-martial or court of inquiry shall have power to issue like
process to compel witnesses to appear and testify which United States courts of criminal
jurisdiction within the State, Territory, or district where such naval court shall be
ordered to sit may lawfully issue.
In case of neglect or refusal, etc., to appear.— The same act provides, further, that
any person duly subpoenaed to appear as a witness before a general court-martial or court
of inquiry of the navy, who willfully neglects or refuses to appear or refuses to qualify
as a witness or to testify or to 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 such naval court, to file an information against and prosecute the
person so offending, and the punishment of such person, on conviction, shall be a fine
• of not more than $500 or imprisonment not to exceed six months, or both, at the dis-
cretion of the court: Provided, That this shall not apply to persons residing beyond the
State, Territory, or district in which such naval court 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 Bureau of Supplies and Accounts out of the appropria-
tion for compensation of witnesses: Provided further , That no witness shall be compelled
to incriminate himself or to answer any question which may tend to incriminate or
degrade him.
Subpoena duces tecum for naval witness.
Court-Martial Room,
Navy- Yard, New York,
June 21, 1909.
To Lieut. H H. J , U. S. Navy,
Navy -Yard, New York:
You are hereby summoned to appear before a general court-martial at the navy-yard,
New York, at 10 o'clock a. m,, June 24, 1909, as a witness for the prosecution (defense)
in the case of Lieut. X Y. Z , U. S. Navy.
You will also bring with you the following-described documents: (Here describe
them.)
When discharged, return to your present station and duties.
V V. W ,
First Lieutenant, U. S. Marine Corps, Judge- Advocate.
SubpcBna duces tecum for civilian vv^ltness.
Naval General Court-Martial op the United States.
Navy- Yard, New York.
United States
V.
Lieut. X Y. Z , U. S. Navy..
Subpoena.
The President of the United States to J B. S ;
You are hereby commanded to appear as a witness for the prosecution (defense), at
10 o'clock a. m., June 22, 1909, before a naval general court-martial of the United
States, convened at the navy-yard. New York, by an order of the Secretary of the
Navy, dated June 11, 1909, and bring with you the following-described documents:
(Here describe them.)
And herein fail not under penalty of five hundred dollars fine or imprisonment for
six months, or both.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 63
Bring with you this precept, and depart not the court without leave.
Witness: Capt. A B. C , U. S. Navy, president of the said court, this
2l8t day of June, 1909.
V. W-
First Lieutenant, U. S. Marine Corps, Judge-Advocate.
Subpoena for taking deposition of a witness.
Naval General Court-Martial of the United States.
Navy- Yard, New York.
United States ]
V. \ Subpoena.
Lieut. X Y. Z , U. S. NavyJ
The President of the United States to J B. S ;
You are hereby commanded to appear as a witness for the prosecution (defense) on
June — , 1909, at — o'clock — m., before the commandant of the navy-yard, Mare
Island, Cal., or such person as he may designate, detailed to take your deposition for
use before a naval general court-martial of the United States, convened at the navy-
yard. New York, by an order of the Secretary of the Navy, dated June 11, 1909.
And herein fail not under penalty of five hundred dollars fine or imprisonment for
six months, or both.
Bring with you this precept, and depart not without leave.
Witness: Capt. A B. C , U. S. Navy, president of the said court, this
21st day of June, 1909.
V V. W ,
First Lieutenant, U. S. Marine Corps, Judge- Advocate.
Who may administer oatlis.— Judges-advocate of naval courts-martial and courts of
inquiry, and all commanders in chief of naval squadrons, commandants of navy-yards
and stations, officers commanding vessels of the navy, and recruiting officers of the navy,
and the adjutant and inspector, assistant adjutants and inspectors, commanding officers,
and recruiting officers of the Marine Corps are authorized to administer oaths for the
purposes of naval justice and for other purposes of naval administration.
Oaths to be talien before an officer.— When practicable, officers and men of the Navy
and Marine Corps who may be required to subscribe under oath to any papers relating to
naval administration and the administration of naval justice shall do so in the presence
of officers of the service authorized to administer oaths.
Depositions of witnesses may be talten.— It is provided by the act of February 16,
1909, that depositions of witnesses may be taken on reasonable notice to the opposite
party, and, when duly authenticated, may be put in evidence before naval courts, except
in capital cases and cases where the punishment may be imprisonment or confinement
for more than one year, as follows: First, depositions of civilian witnesses residing outside
the State, Territory, or district in which a naval court is ordered to sit; second, deposi-
tions of persons in the naval or military service stationed or residing outside the State,
Territory, or district in which a naval court is ordered to sit, or who are under orders
to go outside of such State, Territory, or district; third, where such naval court is con-
vened on board a vessel of the United States, or at a naval station not within any State,
Territory, or district of the United States, the depositions of witnesses may be taken and
used as herein provided whenever such witnesses reside or are stationed at such distance
from the place where said naval court is ordered to sit, or are about to go to such a dis-
tance as, in the judgment of the convening authority, would render it impracticable to
secure their i)ersonal attendance.
^ OF THE
UNIVERSITY
OF
64 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Return of service.
(Indorsement on preceding writs.)
United States
V.
Lieut. X Y. Z , U. S. Navy.J
Navy- Yard, Kew York,
June 22, 1909.
I certify that I made service of the within subpoena on J B. S , the
witness named therein, by personally delivering to him a duplicate of the same at
, on the 21st day of June, 1909.
B R. G ,
Lieutenant, U. S. Navy,
Provost- Marshal, General Court- Martial.
(Or other person, as the case may be.)
\ ss. (State and county, or navy yard, etc., where affidavit is taken.)
B R. G , being duly sworn, on his oath states that the foregoing cer-
tificate is true.
B R. G
Subscribed and sworn to this 22d day of June, 1909, before me.
V V. W ,
First Lieutenant, U. S. Marine Corps, Judge- Advocate.
(Or other officer, giving title, before whom affidavit is made.)
Original sabpoena returned.— After service, as above indicated, the original sub-
poena sliould be at once returned to the judge-advocate of the court; if the witness can
not be foimd, the judge-advocate shall be so informed.
Securing attendance of witnesses.— Subpoenas shall, whenever possible, be sent
through official channels. In case a civilian witness, duly subpoenaed before a cotu-t-
martial or court of inquiry, willfully neglects or refuses to qualify as a witness, or to
testify or produce documentary evidence as required by law, he shall at once be tendered
or paid by a pay officer, designated by the senior officer present, one day's fees and mile-
age for the journey to and from the court, and shall thereupon be again called upon to
comply with the requirements of the law. The fees and mileage of civilian witnesses
residing beyond the limits of the State, Territory, or district in which the court-martial
is held shall not be paid in advance, as such witnesses can not be punished if they refuse
to obey the summons.
Witness living near at hand.— If the desired witness is a civilian living near where
the court is convened, duplicate subpoenas shall be prepared, one of which shall be
served by the judge-advocate, provost-marshal, recorder, deck court officer, or by any
person duly instructed to do so; if the residence of the witness is not near at hand, but
still within the State, etc. , the duplicate subpoenas shall be sent to the convening author-
ity or senior oflScer present, requesting service of the same.
Service and proof thereof.— Service is made by a personal delivery of the duplicate
subpoena to the witness, and proof of service by returning the original to the judge-
advocate, recorder, or deck court officer, properly indorse^ by the person who serves the
subpoena. Any person, duly instructed to do so, may serve the subpoena, but the service
must he personal.
PKOCEEDINGS OF A GENERAL COURT-MAKTIAL. 65
Warrant of attaclinient.
Naval General Court-Martial of the United States.
United States
Lieut. X Y. Z , U. S. Navy.
The President of the United States to Lieut. B R. G^ , U. S. Navy, provost-
marshal for said court:
Whereas, J B. S , of , was on the day of June, 1909,
at , duly subpoenaed to appear and attend at the navy-yard, New York, on
the day of June, 1909, at 10 o'clock a. m., before a naval general court-martial
of the United States, duly convened by an order of the Secretary of the Navy, dated
June 11, 1909, to testify on the part of the prosecution (defense) in the above-entitled
case:
And whereas he has willfully neglected, refused, and failed to appear and attend
(or, and to produce documentary evidence which he was legally subpoenaed to pro-
duce) before said general court-martial as by said subpoena required:
And whereas he is a necessary and material witness on behalf of the prosecution
(defense) in the above-entitled case:
Now, therefore, by virtue of the power vested in said naval court-martial, by sectidn
11 of an act of Congress entitled "An act to promote the administration of justice in
the navy," approved February 16, 1909, of which court-martial I, the undersigned,
am president, you are hereby commanded and empowered to apprehend and attach
the said J B. S , wherever he may be found within the State (Territory
or district) of New York, and forthwith bring him before the said general court-martial
assembled at the navy-yard. New York, to testify as required by said subpoena.
Dated Navy- Yard, New York, June — , 1909.
A B. C ,
Captain, U. S. Navy, President of said General Court-Martial.
Warrant sensed by whom.— This warrant should be addressed to and served by the
provost marshal of the court. If none has been appointed, the court should ask for such
an appointment before the president issues the warrant.
Power of court to Issue.— Should a civilian witness fail to appear after due and reason-
able notice, after having been served with a subpoena, the court has power to issue like
process to compel him to appear and testify, which United States courts of criminal
jurisdiction within the State, Territory, or district where such naval court is convened
may lawfully issue. This power also includes the power to execute such process through
an officer, who shall be specially charged with its execution.
Limits of warrant.— A warrant, or writ, of attachment does not run beyond the
State, Territory, or district in which the court-martial sits.
Method of enforcing attendance.— Whenever it becomes necessary to enforce the
attendance of a civilian witness as provided above, the president of the court will issue
a warrant of attachment, directing and delivering it for execution to an officer desig-
nated for that purpose, the provost marshal of the court. He will also deliver to this
officer the subpoena, indorsed with affidavit of service (to be returned when the warrant
is executed), and a certified copy of the order appointing the court-martial.
Use of force.— 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 senior officer present, or other qfficer designated by the convening authority, nearest
the witness's residence will furnish a detail sufficient to execute the process. The use
of such force, however, should only be resorted to when the ends of justice absolutely
demand it, when all other means have failed, and only with the greatest discretion.
3483—10 5
66 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Interrogatories and Deposition.
Interrogatories.
United States
Lieut. X '- Y. Z
U. S. Navy.
The following interrogatories and cross-interrogatories to be propounded under
section 16 of the act of Congress, approved February 16, 1909, to , sta-
tioned (or residing) at , a witness for the prosecution (defense) in the
above-entitled case now pending and to be tried before the general court-martial
convened by an order of the Secretary of the Navy, dated June 11, 1909, are accepted
by the court in open session, the defense (prosecution) having been given reasonable
opportunity to submit cross-interrogatories {or, are agreed upon by both parties in
advance of the assembling of the court and subject to exceptions when read in court)
and are respectfully forwarded to with the request that some suitable
officer may be designated to take, or cause to be taken, the deposition of the said
witness thereon:
First interrogatory: Are you in the United States Navy? If yes, what is your full
name, rank, and vessel or station? If no, what is your full name, occupation, and
residence?
Second interrogatory: Do you know the accused? If yes, how long have you known
him?
Third interrogatory: ?
Etc.
First cross-interrogatory: ?
Etc.
First interrogatory by the court: ?
Etc.
Dated at the Navy- Yard, New York, June — , 1909.
A B. C ,
Captain, U. S. Navy, President of the Court.
V V. W ,
First Lieutenant, U. S. Marine Corps, Judge-Advocate.
(Or, if taken in advance of the assembling of the court, the signatures should be
those of the judge-advocate and the accused, thus:)
V V. W .
First Lieutenant, U. S. Marine Corps, Judge- Advocate.
X Y. Z ,
Lieutenant, U. S. Navy.
Navy- Yard, Mare Island, Cal.,
June — , 1909.
Capt. L L. L , U. S. Navy, commanding U. S. S. Independence (or
some other officer lawfully authorized to administer oaths), is hereby designated to
take the deposition of the said J B . S , a witness on the part of the prose-
cution (defense) in the case of the United States against Lieut. X Y. Z ,
U. S. Navy, now pending before a general court-martial at the navy-yard, New York.
The deposition, when taken, shall be sent to Capt. A B. C , U. S. Navy
(or, to First Lieut. V V. W , U.S. Marine Corps, judge-advocate), president
of said court at the navy-yard, New York.
L G. N ,
Rear- Admiral, U. S. Navy, Commandant.
PROCEEDINGS OF A GENEKAL COUET-MAETIAL
67
Deposition.
J B. S , the witness above named, having been first duly sworn by me,
Capt. L L. L , U. S. Navy, commanding the U. S. S. Independence, doth
depose and say for full answers to the foregoing interrogatories, as follows:
To the first interrogatory:
Etc.
B. S-
Subscribed and sworn to before me this day of June, 1909.
L L. L-
Captain, U. S. Navy, Commanding U. S. S. Independence.
To obtain deposition. — The method of procedure to obtain a deposition is as follows:
The party, prosecutor or defendant, desiring the deposition submits to the court a list
of interrogatories to be propounded to the absent witness; the opposite party then pre-
pares and submits a list of cross-interrogatories, a reasonable time being allowed for this
purpose; redirect and recross interrogatories are added if desired; finally, the court, hav-
ing assented to the interrogatories thus submitted, adds such as in its judgment may be
necessary to elucidate the whole subject of the witness's testimony.
Papers sent to whom. — The interrogatories having been accepted by the court, dupli-
cate subpoenas shall be prepared requiring the witness, if a civilian, to appear in person,
at the time and place prescribed in the subpoena or to be entered by the convening
authority, commandant, or other officer, naval or civil, who is to take the deposition
or cause it to be taken, and the interrogatories, subpoenas, and proper account for
civilian witness shall be sent to the convening authority, senior officer present, or
other officer, naval or civil, or to the witness himself, if necessary, with a request that
the deposition be secured, the required data supplied in the account for civilian wit-
ness, and the post-office address given, so that the account may be properly certified by
the officer administering the oath before payment.
Deposition of person in the service.— If the deposition of a person in the service 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, shall direct
the witness to appear at the proper time and place.
Account of civilian witness not in government employ.
(General Orders, Nos. 12 and 31; act of February 16, 1909, sections 11 and 12.)
The United States, Navy Department, To
Dr.
Address:
, 19—.
For allowance while in attendance before a general court-
martial convened at , from , 19 — , to
, 19 — , as per judge-advocate's certificate hereon,
being days, at $1.50 per day
For mileage from to and return, in accordance
with subpoena attached, being miles, at 5 cents
per mile
Total
Dollars.
Cents.
68 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
I solemnly swear that the above account is correct, and that I have not been fur-
nished with government transportation for any part of the journey for which travel
fare is charged, and that I have not heretofore received payment for any part of this
account.
Sworn to and subscribed before me at , on this
day of -
, 19-.
AU.s.~.)
(Judge- Advocate, or proper oflQcer.)
I certify that , a civilian not in government employ, has been in attendance
as a witness before the court-martial, of which I am in session at
from , 19 — , to , 19—, inclusive, and that he was duly summoned thereto
from , and that he was not furnished transportation by the Government for any
portion of this journey.
,{U.S.-.)
(Judge-Advocate, or proper officer.)
To , Pay , U. S. Navy :
Under the act of February 16, 1909, you are hereby directed to pay mileage and
witness fees or cost of travel and expenses for civilian witness whose account is set
forth above in the sum of ($ ).
-, U. S. Navy, Commanding.
Paid by check No. on assistant treasurer at , dated , 19 — , for
$ in favor of .
Pay , U. S. N.
(Receipt to be signed only when payment is made in cash.)
Received , 19—, of , Pay , U. S. Navy, in cash,
dollars, in full of above account.
(Certified copy of order convening the court must be attached to this voucher.)
Forms furnished.— This form and the one following may be obtained from the Bureau
of Supplies and Accounts.
PROCEEDINGS OF A GENERAL COURT-MARTIAL.
69
Vouclier for reimbursement of traveling expenses, civilian
witness in government employ.
(General Orders, Nos. 12 and 31; act of February 16, 1909, sections 11 and 12.)
The United States, Navy Department, To
,Dr.
Address:
For reimbursement of traveling expenses incurred in attend-
ance as a witness before the court-martial at
, from , 19 — , to , 19 — , in accordance
with the subpoena which is attached hereto and forms a
part of this account— as per itemized statement herein
set forth
Dollars.
Cents.
Amount claimed . . ....
I solemnly swear that the above account and schedule annexed are just and true in
all respects, as verified by a memorandum kept by me; that the distances as charged
have been actually and necessarily traveled on the dates therein specified; that the
amounts as charged have been actually paid by me for traveling expenses; that I
have not and will not receive, directly or indirectly from any person, agency, or cor-
poration any sums as rebate on account of any expenses of transportation included in
this account; that none of such distances for which charge is made was traveled under
any free pass on any conveyance; that no part of the account has been paid by the
United States, but the full amount is justly due; that all expenditures included in
said account other than my own personal traveling expenses were made under urgent
and unforeseen public necessity, and that it was not, for the reasons stated herein,
feasible to have payment made for such expenditures by a pay officer of the Navy
Department. So help me God.
Sworn to and subscribed before me at
[L. S.]
on this
day of
19-
,{U.S.-.)
(Judge- Advocate, or proper officer.)
I certify that , a civilian in government employ, has been in attendance as a
— court-martial, of which I am , in session at ,
witness before the —
from — — r-, 19 — , to
from , and that he was (
for ( ) this journey.
, 19 — , inclusive, and that he was duly summoned thereto
— ) furnished transportation by the Government
,{U.S.-.)
(Judge- Advocate, or proper officer.)
To
Pay
-, U.S. Navy.
Under the act of February 16, 1909, you are hereby directed to pay the cost of travel
and expenses, for civilian witness whose account is set forth above, in the sum of
($ ).
-, U. S. Navy J Commanding.
70 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Paid by check No. — , on Assistant Treasurer at , dated , 19 — , for
in favor of
Pay . -, U. S. N.
(Receipt to be signed only when payment is made in cash.)
Received
19—, of
dollars, in full of above account.
Pay — — , U. S. N., in cash,
Witness.
(Certified copy of order convening the court must be attached to this voucher.)
Itemized statement of traveling expenses— and other expenses incurred under stress of urgent
or unforeseen public necessity.
T»r>fQ
Character of expenditures.
Sub-
voucher
No.
Amount.
Dollars.
Cts.
19—
S^ Fill in form on this voucher showing how transpor-
tation requests were used.
Total amount claimed
Memorandum of travel performed upon transportation requests.
No. of trans-
portation
request.
Date of travel.
From—
To-
Via R. R.
Dollars.
Cts.
1
■
PEOCEEDINGS OF A GENERAL COURT-MARTIAL. 71
INSTRUCTIONS RELATIVE TO PAYMENT OF FEES AND
MILEAGE TO CIVILIAN WITNESSES.
1. Payment of the fees and mileage of civilian witnesses shall be
made by the pay officer of any vessel, or at a yard or station where
there is no receiving ship, by the paymaster of the yard, upon receipt
of an order from his commanding officer. The order from the com-
manding officer must be accompanied with vouchers, properly sworn
to by the witness and certified by the judge-advocate or recorder of
the court, or by the deck court officer, or by the officer before whom
the witness gives his deposition.
2. The order must also be accompanied by a copy of the order
convening the court, certified to be correct by the judge-advocate or
recorder of the court, or by the deck court officer, or by the officer
before whom the witness gives his deposition.
3. In case a witness duly subpoenaed before a court-martial or
court of inquiry refuses to appear or qualify as a witness, or to testify
or produce documentary evidence as required by law (sec. 12, act of
February 16, 1909, 35 Stat., 621), he will at once be duly paid or
tendered his fees and mileage at the rates provided for witnesses in
the United States district court for the State, Territory, or district in
which such naval court is held, and such witness shall then again be
called upon to comply with the requirements of the law. The fees and
mileage of civilian witnesses residing beyond the limits of the State,
Territory, or district in which the court is held shall not be paid in
advance, as such witnesses can not be punished if they refuse to obey
the summons.
4. The fees and mileage above referred to will be duly paid or
tendered by the judge-advocate, recorder, deck court officer, or
the officer before whom a deposition is taken, the money for this
purpose to be supplied by such pay officer as may be designated,
upon the written order of the senior officer present, and the judge-
advocate, recorder, deck court officer, or the officer before whom
a deposition is taken, receiving the money for the purpose named,
shall furnish the pay officer concerned with a proper receipt.
5. The certificate of the judge-advocate, recorder, deck court
officer, or officer before whom a deposition is taken will be evidence
of the fact and period of attendance and place from which summoned,
and said certificate shall be made on the voucher.
6. Upon execution of the certificate the witness will be paid upon
his discharge from attendance, 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, or place desig-
nated for taking a deposition. No other items will be allowed.
7. Travel must be estimated by the shortest usually traveled
route — by established lines of railroad, stage, or steamer — the time
72 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
occupied to be determined by the official scliedules, reasonable allow-
ance being made for unavoidable detention.
8. If no pay officer be present at the place where the court sits, the
accounts, properly authenticated as above directed, shall be trans-
mitted to the convening authority or to the nearest naval station to
which a pay officer is attached, with the request that the amount be
paid by check.
9. Accounts of civilian witnesses are not transferable.
10. Signature of witnesses when signed by mark must be witnessed.
11. The following rates for civilian witnesses are prescribed by law:
(a) A civihan not in government employ, duly summoned as a
witness before a naval court-martial or court of inquiry, or at a place
where his deposition is to be taken for use before such court, will
receive $1.50 a day for each day of actual attendance for such purpose,
and 5 cents a mile from place of residence to place of trial or taking
deposition, and return, except as follows :
(b) Porto Rico and Cuba, $1.50 a day, 15 cents a mile for necessary
travel by stage or private conveyance and 10 cents by railway or
steamship line.
(c) Alaska, east of one hundred and forty-first degree west longi-
tude, $2 a day and 10 cents a mile; west of that degree, $4 a day
and 15 cents a mile.
(d) Montana, Wyoming, Colorado, New Mexico, Arizona, Utah,
Idaho, Washington, Oregon, Nevada, California, $3 a day, 15 cents a
mile for necessary travel by stage or private conveyance, 5 cents by
railway or steamship line, and $3 a day for the time necessarily
occupied in such travel.
12. Civilian witnesses, not in government employ, summoned to
attend courts-martial in the Philippine Islands, are entitled to the
per diem and mileage allowed witnesses in attendance upon United
States courts, i. e., $1.50 per day for each day in attendance on the
court, and 5 cents per mile for the distance 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 transporta-
tion furnished, and 57.142 per cent allowed for subsistence and other
expenses of the witness.
13. An employee of the civil government of the Philippine Islands,
paid from insular funds, is not in the employ of the Government for
the purposes of payment as a witness.
14. Civilians in the employ of the Government, when summoned
as witnesses, shall be allowed their actual expenses for travel and
subsistence while going to and returning from the court, and for
actual and necessary reasonable expenses for board and lodging while
on attendance thereon. If the court is in session at the place where
the civilian witness in the employ of the Government is stationed, he
shall receive no allowance.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 73
Certificate of court to district attorney in case of a contuma-
cious civilian witness.
Court-Martial Room,
Navy- Yard, Brooklyn, N.Y.
June — , 19 — .
The United States District Attorney for the Southern District of New York,
Sir: A naval general court-martial was convened at the navy-yard, New York,
situated in Brooklyn, State of New York, by an order of the Secretary of the Navy (or
as the case may be) ; a certified copy of said order is hereto appended, marked '* ;"
also certified copies of subsequent modifications thereof are hereto appended, marked
" "and" ."
In the case of the United States against , U. S. Navy, transmitted to the
court by a letter, certified copy hereto appended, marked " ," a material witness
for the prosecution (defense), L J. B , residing at , within this State
(Territory or district), was duly subpoenaed to appear as such witness before said
court-martial; certified copy of subpoena (duces tecum) and of the return of service
thereon, hereto appended, marked " ."
Upon being duly sworn as a witness in the aforesaid case, and in the course of his
testimony therein, the said L J. B was asked the following question by
counsel for the defense (judge-advocate): Q. * * *?
The witness declined to answer the question, and was paid (tendered) his lawful
fee and mileage. He was then cautioned and informed as to the penalty for persisting
in his refusal to answer the said question, which was again put to him. The witness
again declined to answer, and gave the following reason for his refusal: " ."
(Enter reason of witness in extenso, and verbatim if possible.)
The foregoing facts are certified to you as correct for your action thereon, in accord-
ance with the provisions of section 12 of the act of February 16, 1909 (35 Stat. L., 621).
By order of the court:
A B. C ,
Captain, U. S. Navy, President.
Attest :
V V. W ,
First Lieutenant, U. S. Marine Corps, Ju^ge- Advocate.
Object of certlflcate.— The certification of facts is for the information of the district
attorney, and to enable him to prepare the proper information charging the witness
with the offense and, except in two cases mentioned below, the accuracy and pre-
cision required in an indictment is not essential.
Precise question set out.— The first exception referred to above is where the witness
refuses to answer a question. In such a case the precise question propounded to him
should be set out, likewise the reason, if any, which the witness gives for not answering.
Refusal to obey subpoena duces tecum.— In case the contumacy is in the refusal
of the witness to produce a book, paper, or document the second exception referred to
above occurs. In such a case, the witness having been subpoened to produce such
book, etc., the Ijook, paper, or document should be particularly and certainly described
and identified, w^hich description should also correspond with that given in the subpoena
duces tecum. The reason for the refusal of the witness should also be accurately set
forth.
Substance of certificate.- The certificate should contain the following information:
Copy of order convening court with copies of any subsequent modifications. Copy of
subpoena served on the witness showing the place from which summoned and that
such place was within the State, Territory, or district within which the court is held.
Facts as to (1) neglect to appear, (2) refusal to appear, (3) refusal to qualify as a witness,
(4) refusal to testify, or (5) refusal to produce documentary evidence, all to be definitely
but succinctly stated. Also a statement that the witness was paid or tendered his
lawful fee and mileage.
Further information.— With a proper observance of the particularity, accuracy, and
precision in the two cases above referred to, the matter indicated in the foregoing para-
graph is sufficient to meet the requirements of the law. Any further information can
readily be furnished if needed by the district attorney.
74 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Record and signature.— The record of the proceedings shall state the fa^s relative
to any case of contumacy, and that the court has ordered the facts to be certified to the
district attorney. The formal certificate of facts, stating that it is made "by order of
the court," will be sufficiently signed if done oflicially by the president of the court and
attested by the judge-advocate.
Copy appended to record.
Receipt of accused for copy of record.
General Court-Martial Room,
Navy- Yard, Philadelphia, Pa.,
May 1, 1909.
I hereby acknowledge the receipt of a copy of the record of the proceedings of my
trial by general court-martial, held this date (or as the case may be.)
Seaman, U. S. Navy.
Appended to record.
Waiver of the accused of the right to copy of record.
General Court-Martial Room,
Navy- Yard, Philadelphia, Pa.,
May 1, 1909.
Without any coercion whatever, I hereby waive my right to a copy of the record of
the proceedings of my trial by general court-martial held this date (or as the case may
be).
A D. B ,
Private, U. S. Marine Corps.
Accused entitled to copy of record.— Any person having an interest in the record
of a naval court-martial is entitled to an exemplified copy, after the proceedings are
consummated by proper authority.
Duty of judge-ad vocate.— The judge-advocate shall secure from the accused a waiver
of his right to a copy of the procedings, or, if the accused desires a copy, the record of
proceedings shall be made in duplicate and a copy furnished him at the time of his trial.
Finding, sentence, and final action.— The finding, sentence, and action of the
convening authority shall not be included in the copy furnished to the accused; he may
obtain the same, however, by application to the Department.
Notation on cover page.— The fact that a copy of the record has been furnished the
accused, or that he has waived his right thereto, shall be noted on the cover page of the
case.
Waiver or receipt appended.— The waiver of the right to a copy of the proceedings, or,
when a copy is furnished, a receipt therefor shall, in each case, be the last document
appended to the record.
Letter informing convening authority that court has finished
all business before it.
Court-Martial Room,
Navy- Yard, New York,
June — , 1909.
Sir: I have the honor to inform you that the general court-martial of which I am
president has finished all the business befora it and has adjourned to await your further
instructions.
Very respectfully,
A B. C ,
Captain, U. S. Navy, President.
The Honorable the Secretary of the Navy,
Navy Department, Washington, D. C.
PROCEEDINGS OP A GENERAL COURT-MARTIAL. V5
Order dissolving court.
Navy Department,
Washington, July — , 1909.
Sir: The general court-martial of which you are president is hereby dissolved.
You will notify the other members of the court and the judge-advocate accordingly.
Very respectfully,
L. R ,
Secretary of the Navy.
Capt. A B. C , U. S. Navy,
President General Court- Martial, Navy-Yard, New York.
Return to writ of habeas corpus by a United States court.
U. S. S. Franklin,
Navy- Yard, Norfolk, Va.,
June 11, 1909.
In re M P. A , coal passer, U. S. Navy.^l
Writ of habeas corpus. Return of respondent. /
To the Honorable Court {or Judge):
The respondent, Capt. W X. Y , U. S. Navy, upon whom has been
served a writ of habeas corpus for the production of M P. A , respectfully
makes return and states that he holds the said M P. A by authority of
the United States as a coal passer in the United States Navy, under the following
circumstances:
That the said M P. A was duly enlisted as a coal passer in the United
States Navy at Boston, Mass., on May 12, 1909, for a term of four years.
That the said M P. A deserted said United States Navy at Boston,
Mass., on May 17, 1909, and remained absent in desertion until he was apprehended
at Norfolk, Va., on May 20, 1909, by , and was thereupon committed to
the custody of the respondent as commanding officer of the U. S. S. Franklin at the
navy-yard, Norfolk, Va.
That the said M— — P. A has been placed in confinement (or arrest, as the
case may be) charged with said offense, and formal charges against him therefor have
been preferred, a copy of which is hereto annexed (or are being prepared), and that he
will be brought to trial before a general court-martial, in session at this yard, as soon
as possible.
In obedience, however, to the said writ of habeas corpus the respondent herewith
produces before the court the body of the said M P. A , 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.
W X. Y ,
Captain, U. S. Navy,
Commanding U. S. S. Franklin.
Var. 1. (If the offense is fraudulent enlistment, omit the second
and third paragraphs above and substitute the following:)
That on the 12th day of May, 1909, at Boston, Mass., the said
M P. A , being then under the age of 18 years, did
fraudulently enlist in the naval service of the United States for the
term of four years, by falsely representing himself to be over 18 years
of age, to wit, 21 years and 2 months; and has, since said enlistment,
received pay and allowances thereunder.
tG PKOCEEDINGS OP A GENERAL COURT-MARTIAL.
Var. 2. (If the offense is fraudulent enlistment of a marine, omit
the second and third paragraphs above and substitute the following:)
That on the 12th day of May, 1909, at Boston, Mass., the said
, being then a minor, did fraudulently enlist in the
United States Marine Corps for the term of four years, by falsely
representing himself to be over 21 years of age, to wit, 22 years and
7 months; and has, since said enlistment, received pay and allow-
ances (or either) thereunder.
Var. 3. (If the party is held as a general court-martial prisoner,
after reciting his offense in detail appropriately in the third para-
graph above, omit the fourth paragraph and substitute therefor the
following:)
That the said was duly arraigned for said offense
before a general court-martial by an order of the Secretary of the
Navy, dated June 4, 1909, was convicted thereof by said court, and
was sentenced to be , which sentence was duly
approved on the day of June, 1909, by the Secretary of the Navy,
as required by article 53, section 1624, of the Revised Statutes of the
United States. A copy of the order promulgating said sentence is
hereto attached.
Return to writ of habeas corpus by a State court.
In re A P. M , private, U. S. Marine Corps.
Writ of habeas corpus. Return of respondent.
(^\llen the writ issues from a State court, the return is made in the same manner as
to a United States court, with the exception of the concluding paragraph, which
should be in the following form:)
And the said respondent further makes return that he has not produced the body of
the said A P. M , because he holds him by authority of the United States
as above set forth, and that this court {or, your honor, as the case may he) 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 authority for his action, and prays this court {or, your honor) to
dismiss the writ.
W X. Y ,
Captain, U. S. Navy,
Commanding U. S. S. Franklin.
Retnrn to writ by United States court.— The return to a writ of habeas corpus
issued by a United States court shall be made in accordance with the first of the forms
given above, and will refer, as in last paragraph thereof, to the brief of authorities which
follows these instructions, and a copy of that brief shall be annexed to the return.
If dischai^e ordered, appeal noted.— Should the court order the discharge of the
party, the officer making the return, or counsel, should note an appeal i)ending instruc-
tions from the Navy Department, and he shall report to the Judge-Advocate-General of
the Navy the action taken by the court and forward a copy of the opinion of the court as
soon as it can be obtained.
Return to writ by State court.— The return to a writ issued by a State court shall be
made in accordance with the second of the forms given above, but a copy of the brief of
authorities is not intended to be attached to the return to the writ of habeas corpus
issuing from a State court.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 77
Brief to be filed with return to a writ of habeas corpus
Issued by a United States court in case the discharge of
an enlisted man of the navy is sought under section 1419,
or that of a marine under section 1117, of the Revised
Statutes.
If a minor between the ages of 14 and 18 years claims to be over 18 years of age
and enlists in the navy without the consent required by section 1419, Revised
Statutes, as amended by the act of February 23, 1881 (21 Stats., 338), or if a minor
16 years old or over claims to be 21 years of age or over and enlists in the Marine
Corps without the consent required by section 1117, Revised Statutes, the contract
of such enlistment is not voidable by the minor, nor by his parents or guardian, if
at the time of the filing of the petition the enlisted minor is held in pursuance of a
sentence 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 the party is not in confinement. — United States ex rel. Wagner v. Gibbon.
(24 Fed. Rep., 135.) In this case Wagner, becoming "tired of the service," sought
his discharge from the army " solely on the ground of minority at the time of enlist-
ment." 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 over 16 years of age, who at the time of his enlistment makes affidavit
that he is 21 years of age, will not, on his own application, be released on habeas
corpus on the ground that he was a minor at the time of his enlistment, and that the
written consent of his guardian was not obtained.
(b) When the party is in confinement. — In re Morrissey (137 U. S., 157); In re Grim-
ley (137 U. S., 147); In re Wall (8 Fed. Rep., 85); In re Davison (21 Fed. Rep.,
618); In rg Zimmerman (30 Fed. Rep., 176); In re Hearn (32 Fed. Rep., 141); In re
Spencer (40 Fed. Rep., 149); In re Lawler (40 Fed. Rep., 233); Solomon v. Daven-
port (87 Fed. Rep., 318).
In the Morrissey case the Supreme Court of the United States settles this beyond
question. Morrissey, a minor of 17 years of age, enlisted without the consent of his
mother, who was living. He deserted, remained in concealment until he attained
his majority, and then presented himself before a recruiting officer and demanded
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 privilege 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 conclusively
this rule — that the enlistment of a minor is voidable, not necessarily 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 desertion.
78 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
2. Contract not Voidable by Parents or Guardians if the Party is Held
Pursuant to a Sentence of a Court-Martial or if any Step has been
Taken with a View to Bringing Him Before such Court.
In re Kaufman (41 Fed. Rep., 876); In re Dohrendorf et al. (40 Fed. Rep., 148);
In re Cosenow (37 Fed. Rep., 668); In re Dowd (90 Fed. Rep., 718); In re Miller
(114 Fed. Rep., 838); U. S. v. Reaves (126 Fed. Rep., 127); In re Lessard (134 Fed.
Rep., 305); Ex parte Anderson (16 Iowa, 595); McConologue's case (107 Mass., 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 the United States Army upon his representation that he is
of age and receives pay and clothing, and afterwards deserts and is arrested as a
deserter, and at the time of his petition is held by the United States awaiting trial
by a court-martial for the crime of desertion, will not be released under a writ of
habeas corpus upon the ground that being a minor his enlistment was unlawful and
contrary to the Revised Statutes of the United States.
In the Cosenow case the minor swore that he was 21 years and 7 months old at the
time of enlistment. He deserted, and at the time of the filing of the petition was
held in custody awaiting action of the reviewing authority on the proceedings of the
court-martial. His father sought the 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 the army without the consent of his parents or guardian,
required by Revised Statutes, section 1117, is not void, but voidable only, and while
he remains in the service under such enlistment the minor is amenable to the Articles
of War, and can not be remanded to the custody of his parents by a civil court on a
writ of habeas corpus while undergoing a sentence imposed on him by a court-martial
for a 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 corpus. The court refused to 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 determined in the civil courts on habeas corpus. ^^
In McConologue's case the court said:
The 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 deser-
tion, he should not be released by the court while proceedings for his trial by the
military authorities are pending.
By the act of March 3, 1893 (27 Stats., 716), "fraudulent enlistment in the navy,
and the receipt of any pay or allowance thereunder, is * * * declared an offense
against naval discipline and made punishable by general court-martial, under article
22 of the Articles for the Government of the Navy." A minor under the age of 18 in
the Navy or of 21 in the Marine Corps who procures his enlistment by representing
himself to be over those ages, respectively, and receives pay or allowance there-
under, commits this offense, and the statute authorizes 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 enlisted person shall abide the consequences of his
offense before the right to his discharge be passed upon. (Dig. Opins. J. A. G. Army,
McCIure, 1901, sees. 1258, 1264, and notes.)
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 79
The enlisted person should not be allowed to escape punishment 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 the case of 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 mili-
tary jurisdiction 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 (p. 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 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 made the prisoner a soldier notwithstanding his
minority he is answerable to the military law just as the citizen who is a minor is
answerable to the civil law. The parents can not prevent the law^s enforcement in either
case. * * *
These views were cited with approval in United States v. 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.
In a recent case in the United States district court for the eastern district of Penn-
sylvania, October session, 1908, No. 464, the father sought to obtain the minor's
release on the ground that the enlistment was not only voidable, but wholly void.
It was argued that the father's consent was obtained by a false representation, the
recruiting ofiicer ha^dng declared that the minor was to be enlisted as a "landsman
for electrician," v/hereas he was actually enlisted as an "apprentice seaman;" and
that the conduct of the officer nullified the father's formal consent, thus making the
minor's enlistment absolutely void and giving him the right to quit the service when-
ever he pleased without exposing himself to punishment as a deserter. The court said :
But I do not think that this argument can be allowed to prevail in the face of several
authoritative decisions of the federal courts. * * * The Government contends
that as no such steps (to obtain release) were taken until January 9, 1909, when the
son had passed the age of 20 years and moreover was in confinement under sentence
for desertion, the present writ can not be maintained. This position, I think, is
sound. The enlistment of the minor was not void, whether his father validly con-
sented or not. So far as he himself was concerned it was legally binding. * * *
It follows that the present proceeding must be dismissed.
REGULATIONS AND INSTRUCTIONS FOR DRAWING
UP CHARGES AND SPECIFICATIONS.
8483—10 6 81
REGULATIONS AND INSTRUCTIONS
FOR
Drawing up Charges and Specifications.
Charges and specifications to he succinct. — In drawing up the charges
and specifications, all extraneous matter is to be carefully avoided,
and nothing shall be alleged but that which is culpable and which the
prosecution is prepared to substantiate before a court-martial.
Different offenses the subject of distinct charge and specification. —
Offenses of a perfectly distinct nature must not be included in one and
the same charge and specification of a charge, but each offense of a
different kind shall be the subject of a distinct charge and specification.
Not necessary to refer to statute or article. — It is not necessary to
specify in a charge that an offense was committed in breach of any
particular statute, or article of the Articles for the Government of the
Navy, but whenever the allegation comes directly under any enact-
ment it shall be set forth in the terms used therein.
Offenses not specially provided for, how charged. — When an offense
is a neglect or disorder not specially provided for, it shall be charged
as ''scandalous conduct tending to the destruction of good morals,"
or ''conduct to the prejudice of good order and discipline."
No figures or abbreviations. — No part of the charges or specifica-
tions shall be in figures; all numbers, dates, proper names, titles,
and the like must be written at length and without abbreviation,
except that Christian names other than the first may be indicated
by initial letters.
Intent should be expressed by technical word prescribed. — In cases
where the law has adopted certain expressions to show the intent
with which an offense is committed the intent shall be expressed by
the technical word prescribed, as "wilfully," "knowingly," "felo-
niously," "corruptly," "maliciously," "intentionally," "wrong-
fully," etc. Certain of the foregoing words appear in the Articles
for the Government of the Navy, and should be used to fully express
the offense charged. For example, a charge made against an officer
for making or for signing a false muster must be laid to have been
83
84 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
done ''knowingly." And when an offense may be punished by im-
prisonment in a state prison or in a penitentiary, ''feloniously" may
be used correctly to describe the intent.
If higher criminality attaches to acts under particular circumstances. —
In all cases in which the law attaches higher criminality to acts com-
mitted under particular circumstances the act must, to bring the
person within the higher degree of punishment, be charged to have
been committed under those circumstances, which must be stated
with certainty and precision. For instance, by clauses 6 and 7,
article 4, Articles for the Government of the Navy, the penalty of
death shall, in time of war, be inflicted for desertion, betrayal of
trust, or enticing others to commit these crimes; in a charge, there-
fore, under one of those clauses it must be laid that the offense was
committed in time of war.
The specifications of each charge, one or more, must he brief clear,
and explicit. — The facts, circumstances, and intent constituting the
offense must be set forth with certainty and precision, and the ac-
cused charged directly and positively with having committed it.
Certain as to the party accused. — He must be described by his title
and rank, or rating. Christian name and surname written at full
length, with the addition of his vessel or service at the time the
offense with which he is charged took place.
Certain as to time. — The time when the alleged offenses occurred
should be set forth minutely and precisely. Should an}^ doubt exist
with regard to the time, it may be set forth in the specification that
the act was committed "on* or about" such a time, but the limitation
as to date must embrace a reasonable time only.
Certain as to place. — The place where the alleged offenses occurred
should be set forth minutely and precisely. Should any doubt exist
as to the place, it may be set forth in the specification that the act
was committed "at or near" such a place. But when the geograph-
ical position of a ship is not material to a complete description of the
offense, such as the theft of another's clothing or any other act com-
mitted wholly on board, such particular geographical position need
not be specified.
Certain as to the person against whom the offense was committed. —
In the case of offenses against the person or property of individuals
the Christian name and surname, with the rank and station or duty
of such person, if he have any, must be stated at length, if known.
If not known, the party injured must be described as a "person
unknown."
Certain as to facts, circumstances, and intent, if last is an essential
ingredient. — It is not sufficient that the accused be charged generally
with having committed an offense, as, for instance, with habitual vio-
lation of orders or neglect of duty, but the particular acts or circum-
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 85
Stances constituting such offenses must be distinctly set forth in the
specification.
What to he set forth in case of perjury hefore court-martial. — In
prosecutions for perjury committed on examination before a naval
general court-martial, or for the subornation thereof, it shall be suffi-
cient to set forth the offense charged on the defendant, without set-
ting forth the authority by which the court was held, or the particular
matters brought before, or intended to be brought before, said court.
(Sec. 1023, R. S.) The specification must include direct and specific
allegations negativing the truth of the alleged false testimony, together
with affirmative averments setting up the truth by way of antithesis.
Written instruments, when set out verbatim. — Written instruments,
or such portions thereof as form part of the gist of the offense charged,
must be set out verbatim, with care and accuracy.
When substance of written instrument only set out. — When the sub-
stance only is intended to be set out, it should be introduced by the
words ''in substance as follows." The word ''tenor" implies that
a correct copy is set out.
Particular words, how set out. — Where particular words form the
gist of the offense they must be set forth with particularity or de-
clared to be of like meaning and purport. Where the language is
profane or obscene its nature may be indicated only in general and
becoming terms.
Theft. — In drawing up a specification to support the charge of
theft care should be taken to state, at least approximately, the
value of the articles alleged to have been stolen.
Incompetency. — When incompetency is alleged it is essential to
set forth the particular acts or neglects upon which the specification
is based.
Intoxicants or drugs in possession. — When the offense is having
intoxicants or drugs in possession it must be alleged that the posses-
sion was "unlawful."
SPECIMEN CHARGES AND SPECIFICATIONS.
87
Specimen Charges and Specifications.
CHARGE.— Absence from command without leave.
Specification. — In that Commander , United States Navy, having been
theretofore regularly assigned to and placed in command and being then in com-
mand of the United States ship , in the harbor of — — — , , did, on or
about the fifteenth day of March, nineteen hundred and nine, absent himself from
his said command and station without leave from proper authority, and did proceed
to Washington, in the District of Columbia, at which latter place the said Com-
mander arrived on or about the second day of April, nineteen hundred and
nine.
CHABGE. — Absence from station and duty after leave had expired.
Specification. — In that , an assistant surgeon in the United States Navy,
attached to and serving on board the United States ship , at the navy-yard,
, , was, on or about the nineteenth day of June, nineteen hundred
and nine, absent from his station and duty on board said ship after his leave had
expired, and did remain absent therefrom, without permission from proper
authority, for a period of about twenty-four hours.
Specification. — In that the said , a seaman in the United States Navy,
attached to and serving on board the United States ship , at the navy-yard,
, , having been granted leave of absence from said ship for a period
of four days from the seventeenth day of July, nineteen hundred and eight, did,
without permission from proper authority, remain absent from his said station and
duty for a period of about six days after his said leave had expired.
Specification. — In that , a chief machinist's mate in the United States
Navy, attached to and serving on board the United States ship Franklin, at the
navy-yard, Norfolk, Virginia, having, while attached to and serving on board
the United States ship Maine, at Hampton Roads, Virginia, to which ship he had
been regularly assigned, been granted leave of absence, to expire on the seven-
teenth day of April, nineteen hundred and nine, did fail to return to his station
and duty on board said ship Maine upon the expiration of said leave of absence,
as it was his duty to do, and has ever since remained absent without leave from
said ship Maine; and did surrender himself on board the said ship Franklin, at
the navy-yard aforesaid, on the fifteenth day of May, nineteen hundred and nine.
CHABGE. — Absence from station and duty without leave.
Specification. — In that , an ensign in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, did, on or about the twentieth day of April, nineteen hundred and nine,
without permission from proper authority, absent himself from his station and
duty on board said ship, and did remain absent therefrom, without leave, until
the twenty-sixth day of April, in the year aforesaid.
89
90 PROCEEDINGS OF A GENERAL COtTRT-MARTlAL.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving on board the United States ship , at the navy-yard,
, , did, at about nine hours and thirty minutes antemeridian, on
the thirtieth day of August, nineteen hundred and eight, absent himself from
his station and duty on board said ship without leave from proper authority,
and did remain so absent until about two hours and thirty minutes postmeridian
on the day above mentioned.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship , at the navy-yard,
, , did, on or about the seventh day of September, nineteen hundred
and eight, absent himself from said ship without leave from proper authority,
and did remain so absent until the twenty-sixth day of the month aforesaid.
Specification. — Inthat , afireman, second class, in the United States Navy,
attached to and serving on board the United States ship Philadelphia, at the
navy-yard, Puget Sound, Washington, did, on or about the fifteenth day of
August, nineteen hundred and nine, absent himself from his station and duty on
board the United States ship Pennsylvania, at the navy-yard aforesaid, to which
ship he head been regularly assigned, without leave from proper authority, and
has ever since remained so absent, and did surrender himself on board said ship
Philadelphia, at the navy-yard aforesaid, on the twenty-first day of August,
nineteen hundred and nine.
CHABGE.— Assault.
Specification. — In that , a carpenter in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, did, on or about the twenty-third day of June, nineteen hundred and
nine, in the city of , , wilfully and maliciously, and without
justifiable cause, assault Lieutenant , United States Navy.
CHABGE. — Assaulting and attempting to kill another person in the service.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on the thirty-first day of August, nineteen hundred and eight, wilfully and
maliciously, and without justifiable cause, assault and attempt to kill Private
, United States Marine Corps, attached to said barracks.
CHABGE. — Assaulting and striking another person in the navy.
Specification. — In that , an ensign in the United States Navy, attached
to and serving on board the United States ship , off , , did, on
or about the twenty-fourth day of May, nineteen hundred and nine, wilfully and
maliciously, and without justifiable cause, assault, strike, beat, and illtreat
, a fireman, second class, in the United States Navy, who was then on
duty in the fireroom on board said ship.
CHABGE. — Assaulting and striking another person in the service.
Specification. — In that , a private in the United States Marine Corps,
undergoing confinement, in accordance with the sentence of a general court-
martial, at the naval prison, navy yard, , , did, at or about five hours
and thirty minutes antemeridian, on the sixteenth day of February, nineteen
hundred and eight, wilfully and maliciously, and without justifiable cause,
assault and strike , private. United States Marine Corps, who was
also in confinement at said prison.
PROCEEDINGS OF A GEKERAL COURT-MARTIAL. 91
CHARGE. — Assaulting and striking his superior officer.
Specification. — In that , a fireman, first class, in the United States Navy,
attached to and serving on board the United States ship , at the navy-yard,
, , did, at about eight hours and forty minutes antemeridian, on
the seventh day of March, nineteen hundred and nine, in the city of ,
wilfully and maliciously, and without justifiable cause, assault and strike his
superior officer, Lieutenant , United States Navy.
S-pedfication. — In that , a fireman, first class, in the United States Navy,
attached to and serving on board the United States ship , at , ,
did, on the thirtieth day of June, nineteen hundred and eight, wilfully and mali-
ciously, and without justifiable cause, assault and strike , coxswain,
United States Navy, attached to said vessel, who was then and there in the execution
of the duties of his office.
CHARGE. — Assaulting and striking his superior officer while in the execution of the
duties of his office.
Specification. — In that , a lieutenant of the junior grade in the United
States Navy, attached to and serving on board the United States 'ship , did,
at or about eight hours and thirty minutes postmeridian, on the fifth day of
April, nineteen hundred and nine, while said ship was lying at anchor in the
harbor of , , and in the wardroom of said ship, when his superior
officer, Lieutenant-Commander , United States Navy, the executive
officer of said ship, ordered him, the said , to prepare a report of
wilfully and maliciously, and without justifiable cause, assault and strike the
said Lieutenant-Commander , the executive officer of said ship, who was
then and there in the execution of the duties of his office.
Specification. — In that , a coal passer in the United States Navy, attached
to and serving on board the United States ship , at , , did,
between the hours of ten and eleven postmeridian on the first day of July, nine-
teen hundred and nine, on board said ship, wilfully and maliciously assault
, master at arms, first class. United States Navy, and did then and
there, without justifiable cause, strike said , who, in the discharge of
his duties, was searching the said by order of Lieutenant
, United States Navy, the executive officer of said ship.
CHARGE. — Assaulting with a deadly weapon and wounding another person in the
navy.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at Honolulu, Territory of
Hawaii, did, on the fourth day of July, nineteen hundred and nine, in the Park
Saloon in said city, wilfully and maliciously, and without justifiable cause,
assault and stab with a knife or other sharp instrument, , an ordinary
seaman in the United States Navy, attached to and serving on board the United
States ship , at Honolulu, Territory of Hawaii.
CHARGE. — Assault with intent to commit rape.
Specification. — In that , a private in the United States Marine Corps, attached
to and serving at the marine barracks, navy-yard, , , did, on or
about the ninth day of March, nineteen hundred and nine, at the said navy-yard,
feloniously, forcibly, and against her will, assault one , with intent
to commit the crime of rape upon her, the said .
02 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
CHAB6E.— Attempting to desert.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship , at , ,
did, on or about the eighteenth day of May, nineteen hundred and nine, endeavor
to leave said ship by attempting to jump overboard therefrom, with intent to
desert from said ship and from the United States Navy.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship , at , ,
did, on or about the fourth day of April, nineteen hundred and nine, endeavor
to leave said ship by attempting to conceal himself in a coal barge alongside with
intent to desert from said ship and from the United States Navy.
CHARGE.— Breaking arrest.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , then in dry dock, Shang-
hai, China, having been placed in double irons, for the purpose of safe custody,
by the lawful order of Commander , United States Navy, his com-
manding officer, did, at or about seven hours and fifteen minutes postmeridian,
on the fifteenth day of May, nineteen hundred and nine, bieak his arrest and
leave the said ship .
CHARGE. — Carnally and unlawfully knowing a female under the age of sixteen years.
Specification. — In that , a sergeant in the United States Marine Corps,
attached to and serving at the United States Marine Barracks, navy-yard, ,
, did, at or about eleven hours antemeridian on the eighteenth day of
February, nineteen hundred and nine, while on duty as sergeant of the guard
at the main gate of said navy-yard, in the guardhouse at said gate, make an
assault in and upon the body of one who was, at the time and
place aforesaid, a woman under the age of sixteen years, and he, the said ,
being then and there above the age of twenty-one years, did unlawfully and
carnally abuse and know her, the said .
CHARGE. — Causing to be prepared and approving a false and fraudulent voucher in
violation of article fourteen of the Articles for the Government of the Navy.
Specification. — In that , a naval constructor in the United States Navy,
being, on or about the first day of July, nineteen hundred and nine, and con-
tinuously thereafter until the date hereof, attached to and serving at the navy-
yard, , , as the head of the department of at said yard, and it
being part of his duty as such head of department to supervise and control all
work pertaining to said department and to have general superintendence, charge,
direction, and mustering of all persons employed in said department, and it
being also a part of his duty to direct the preparation of and to examine, and if
found correct to approve, the pay rolls of said department prior to their submis-
sion to the commandant for approval and transmission to the pay oflBcer at said
yard, did cause to be prepared a semimonthly pay roll of persons employed in
said department of , navy-yard, , , for the period from March
sixteenth to March thirty-first, inclusive, nineteen hundred and nine, and did,
on or about the tenth day of April, nineteen hundred and nine, in his official
capacity as head of said department, approve said pay roll, which pay roll was,
subsequently, in due course, approved by the commandant and transmitted to
the pay officer of the said navy-yard, and the amounts therein set forth, respect-
ively, were paid to the persons whose names appeared thereon; wherea,s, as he,
the said , well knew, the said pay roll contained the names of a
number of laborers and mechanics, to vtdt, four hundred and forty-nine, who,
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 93
for work performed during the last six days of March, between seven o'clock
antemeridian and twelve meridian and between twelve-thirty postmeridian and
six-thirty postmeridian, were credited, in making up the time and amounts
specified on said pay roll, with having rendered one and five-eighths days',
that is to say, thirteen hours', service, when in fact they had thus rendered and
were entitled to be credited with one and three-eighths days', that is to say,
eleven hours', service per day only, in consequence of which false entries on
said pay roll overpayments to laborers and mechanics employed in the depart-
ment of at said navy-yard, for the period named, were made, amounting to
about one thousand four hundred twenty-nine dollars and thirty-three cents ;
and the said did, therein and thereby, cause to be prepared and
did approve a false and fraudulent voucher, in violation of article fourteen of
the Articles for the Government of the Navy.
CHABGE. — Conduct to the prejudice of good order and discipline.
Specification. — In that , a coal passer in the United States Navy, at-
tached to and serving on board the United States ship , at the navy-yard,
, , having, on or about the twenty-second day of November, nine-
teen hundred and eight, been ordered by , chief boatswain's mate.
United States Navy, attached to said ship, to remove certain clothes belonging
to him, the said , from a towel line on board said ship, did use
obscene and threatening language toward the said , who was then
and there in the execution of the duties of his office.
Specification. — In that , a private of the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , ,
having, at or about nine hours and thirty minutes postmeridian, on the twenty-
first day of December, nineteen hundred and eight, been placed in arrest by
First Lieutenant , United States Marine Corps, the officer of the
day at said barracks, and having been placed in irons for the purpose of safe
custody, did break the hand irons, and did, by throwing a cup, break a window
in the cell passage at said barracks.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, did, at about one hour and fifteen minutes postmeridian, on the second
day of February, nineteen hundred and nine, upon returning to said ship from
liberty, unlawfully have in his possession a flask of intoxicating liquor.
Specification. — In that , a passed assistant surgeon in the United States
Navy, having, on the sixteenth day of June, nineteen hundred and eight, been
appointed by the Secretary of the Navy member and recorder of a board of med-
ical examiners at the navy-yard, , , and having been duly informed
of such appointment, and it being his duty as such recorder to record the proceed-
ings of said board, did, on or about the thirteenth day of October, nineteen hun-
dred and eight, at said navy-yard, refuse, on account of alleged informalities, to
record the proceedings had in the case of Ensign , United States
Navy, who had been examined before said board, as a preliminary to promotion,
in accordance with the requirements of section fourteen hundred and ninety-
three of the Revised Statutes of the United States.
Specification. — In that , a coal passer in the United States Navy, at-
tached to and serving on board the United States ship , at the navy-yard,
, , while being escorted to his ship by Private , United
States Marine Corps, patrol at said yard, at about five hours antemeridian, on
the twenty-third day of June, nineteen hundred and nine, did, after having been
ordered by the said patrol to stop singing and making a noise, reply that he would
not stop for any " * * * marine," or words to that effect.
94 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Specification. — In that , a water tender in the United States Navy,
attached to and serving on board the United States ship , at the navy-yard,
, , having, on the thirtieth day of August, nineteen hundred and
eight, brought to Lieutenant-Commander , United States Navy,
the executive officer of said ship, a telegram in words as follows: "Frank, Eliza
is dying. Patrick," and having asked and been refused permission to leave the
ship, did reply to said Lieutenant-Commander , "Well, I'll go anyway,'*
or words to that effect.
Specification. — In that , a water tender in the United States Navy,
attached to and serving on board the United States ship , at the navy-
yard, , , having, on the thirtieth day of August, nineteen hundred
and eight, requested permission of Lieutenant-Commander , United
States Navy, the executive officer of said ship, to send a telegram to the Secretary
of the Navy, in words and figures substantially as follows, to wit: * * *^ and
having been informed that he could do so if he forwarded it through his com-
manding officer, did reply, "No, I'll send it through my lawyer," and having
been further informed that he must send it through his commanding officer, did
further reply, "The captain be damned; I'll send it as I please," or words to
that effect.
Specification. — In that .= , a sergeant in the United States Marine Corps,
attached to and serving on board the United States ship , at the navy-
yard, , , did, between the hours of twelve-thirty and one-thirty
postmeridian, on the first day of October, nineteen hundred and eight, on board
said vessel, unlawfully have in his possession a bottle of intoxicating liquor;
Specification. — In that , a private in the t^nited States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on the thirtieth day of August, nineteen hundred and eight, smuggle into said navy-
yard two bottles of intoxicating liquor.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving on board the United States ship , at the navy-
yard, , , did, at or about seven hours and forty minutes postmeridian,
on the nineteenth day of April, nineteen hundred and nine, while a member of
the day's guard of said ship, unlawfully have intoxicating liquor in his possession.
Specification.— In that , a captain in the United States Navy, attached
to and being in command of the United States ship , did, between the hours
of twelve meridian and one postmeridian, on or about the twenty-first day of
November, eighteen hundred and ninety-nine, the said ship then lying in the
harbor of Cebu, Philippine Islands, without justifiable cause, and without the
exercise of proper discretion, make careless use of firearms by discharging, with
his own hand, in the direction of a native shore boat, which had approached within
hailing distance of said vessel, a shot from a revolver, thereby wounding and
causing the death of a Filipino, one of the occupants of the said native shore boat.
Specification.— In that , a captain in the United States Navy, attached
to and being in command of the United States ship , at , — ,
having, on the twenty-second day of March, nineteen hundred and nine, had
referred to him by the Bureau of Navigation, Navy Department, a copy of a letter
which had been received by said bureau from Captain -, United
States Navy, commandant of the naval station, , , in the words and
figures following, to wit: * * * , and having been called upon by said bureau
for an explanation of the facts mentioned in the letter above set forth, did, on the
twenty-sixth day of March, nineteen hundred and nine, address a communication
PKOCEEDINGS OF A GENERAL COURT-MARTIAL. 95
to the commandant of the navy-yard and station, New York, in the words and
figures following, to wit: * * * , which said letter contained in the third para-
graph thereof, statements which are wholly irregular, unofficerlike, and prejudi-
cial to good order and discipline.
CHARGE. — Conduct unbecoming an officer and a gentleman.
Specification. — In that , a lieutenant in the United States Navy, attached
to and serving on board the United States ship , having become justly
indebted to , of Brooklyn, New York, in the sum of one hundred
and twenty-four dollars and twenty-five cents, or thereabouts, for goods
purchased and money borrowed from said , at various times between the
fourteenth day of April, nineteen hundred and five, and the sixth day of March,
nineteen hundred and nine, has, with the exception of fifteen dollars ($15), paid on
account July fifteenth, nineteen hundred and six, up to the present time, notwith-
standing repeated promises to pay said debt and the frequent demands for payment
made on him by said , neglected and failed to pay the said the amount
due him, thereby exhibiting a dishonorable indifference to his just indebtedness
and a disregard of his obligations as an officer and a gentleman.'
Specification. — In that » a second lieutenant in the United States Marine
Corps, having, while attached to and serving on board the United States ship ,
become justly indebted to , a first lieutenant in the United States
Marine Corps on board said ship, in the sum of thirty dollars, or thereabouts,
for money borrowed from said , at various times between the fifth day of
June, nineteen hundred and seven, and the eighth day of August, nineteen
hundred and eight, and having, in the month of March, nineteen hundred and
nine, when detached from said ship, at San Francisco, California, promised said
to pay said debt upon his arrival in New York, New York, has, notwith-
standing said promise, neglected and failed to pay the amount of said indebted-
ness, or any portion thereof.
Specification. — In that , an ensign in the United States Navy, attached
to and serving on board the United States ship , having, on or about the
fifteenth day of May, nineteen hundred and nine, the said ship being then at
, , been relieved from duty as officer of the deck on said ship for being
under the influence of intoxicating liquor, and having voluntarily pledged himself
to his commanding officer. Captain , United States Navy, to abstain
from the use of intoxicating drinks while attached to the said ship , did, on
or about the seventh day of July, nineteen hundred and nine, while attached to
and on board the said ship, notwithstanding his said pledge so given, and in
violation thereof, take intoxicating drinks, and was then and there drunk and unfit
for the proper performance of his duty.
Specification. — In that , a passed assistant paymaster in the United States
Navy, then attached to and serving on board the United States ship , at
, , having received from the Navy Department a letter, in words and
figures substantially as follows, to wit, * * * ^ did, on or about the twenty-
eighth day of December, nineteen hundred and eight, address a communication
to the Secretary of the Navy, in words and figures substantially as follows, to wit,
* * * , the said well knowing that the statement in his said letter, to
the effect that he had repaid to Mr. the sum of four hundred and eighty-
four dollars and fifty-four cents, for which he held his receipt, was calculated
to deceive the Department by inducing the inference that such sum was in part
payment of his indebtedness to Mrs. .
96 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
CHARGE. — Culpable inefficiency in the performance of duty.
Specification. — In that , a lieutenant in the United States Navy, attached
to and serving as navigator on board the United States ship , making passage
from to , on the second day of February, nineteen hundred and
nine, well knowing that at about sunset of said day the said ship had nearly run
her estimated distance from the four o'clock postmeridian position, obtained and
plotted by him, to the position of , and well knowing the difficulty of sight-
ing from a safe distance after darkness fell, under the conditions of the
weather then existing, did fail to advise his commanding officer, as it was clearly
his duty to do, to lay a safe course for said ship to the northward before continuing
on a westerly course; and the said Lieutenant was therein and
thereby culpably inefficient in the performance of his duty as navigator, in con-
sequence of which the said ship was, at about six hours and fifty minutes post-
meridian on the day above mentioned, run upon Bank, in the Sea,
in about latitude thirteen degrees thirty-four minutes north, and longitude
eighty-five degrees five minutes west, and was stranded.
Specification. — In that , a lieutenant of the junior grade in the United
States Navy, being attached to and serving as officer of the deck on board the
United States ship , making passage from to , on the thirteenth
day of March, nineteen hundred and eight, and the said well knowing that
the said ship, being a steam vessel, was required by law, when approaching
another vessel under such circumstances as to involve risk of collision, to slacken
her speed or, if necessary, to stop and reverse her engines, and that it was further-
more her duty, if such other vessel was a sail vessel, to keep out of the way of such
sail vessel, and the said , well knowing, also, that it was his duty, as officer
of the deck, to issue such orders as might be necessary, in accordance with said
requirements, to enable the to avoid a collision with an approaching vessel,
and to see that such orders were carried into effect, and having been informed,
between the hours of eight and nine postmeridian on the date aforesaid, and while
he was acting as such officer of the deck, that the said ship was approaching
a sail vessel, both vessels being then near Cape Maisi, Cuba, did neglect and fail to
issue, as he should have done, such orders as were necessary to cause the said ship
to comply with the said requirement of law by keeping out of the way of
such sail vessel, or did neglect and fail to see that such orders were duly carried
into effect, and being informed that the said vessels were approaching each other
under circumstances which involved the risk of collision, did neglect and fail to
issue, as he should have done, timely orders to cause the said ship to slacken
her speed, or to stop entirely, or to reverse the action of her engines so as to prevent
a collision, and was therein and thereby culpably inefficient in the performance of
his duty as officer of the deck, by reason of which neglect, failure, and inefficiency
on the part of the said , the said United States ship collided, at the
time and place aforesaid, with the said sail vessel, being the schooner , of
San Juan, Porto Rico, which collision resulted in the sinking of the said schooner
and her cargo, and endangered the lives of her officers and crew.
Specification. — In that , a commander in the United States Navy, being
in command of the United States ship , on the eleventh day of August,
nineteen hundred and eight, then cruising on special service in the South Pacific
Ocean, among the Islands, notwithstanding the fact that at midnight of the
tenth day of August, in the year aforesaid, the southeast point of Island
bore abeam and was about seven miles distant, the said ship being then under way
and making a speed of about eleven knots an hour, and well knowing the position
of the said ship at the time stated and that the charts of that locality were unre-
liable and the currents thereabouts uncertain, and it having been reported to him
at about three hours and thirty minutes antemeridian, on the date first above
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 97
mentioned, that land was in sight on the port bow of said ship, and that it was
necessary, the ship having been set to the northward, promptly to change the
course to the southward, did neglect and fail to go on deck and to superintend
personally the management of said ship, as it was his duty to do, in consequence
of which the course of the vessel was not promptly changed, the engines were
stopped, and the vessel was set upon a rock, as set forth in the specification of the
first of these charges, and the said Commander was therein and thereby cul-
pably inefficient in the performance of his duty as commanding oflicer of the said
United States ship .
Specification. — In that , a passed assistant paymaster in the United States
Navy, attached to and serving on board the United States ship , at the navy-
yard, , , having, on the fifth day of November, nineteen hundred and
eight, issued a check, number fifty-two, drawn on the National Bank of
, , payable to the order of , for the sum of seventy-
seven dollars and fifty cents, marked ''exchange for cash," and indorsed to the
order of , U. S. N., and having, on the fifth day of November, nine-
teen hundred and eight, issued checks numbered four hundred eighteen thousand
one hundred and sixty-one for eight hundred dollars, and , drawn on the
assistant treasurer of the United States at New York, payable to the order of
, which checks were marked ' ' exchange for cash, ' ' and were indorsed
to the order of , U. S. N., did fail to enter the above-mentioned
checks in the account, as required by the system of accountability for disbursing
officers of the United States Navy, and he, the said Passed Assistant Paymaster
, United States Navy, was therein culpably ineflicient in the per-
formance of duty.
Specification. — In that , a passed assistant paymaster in the United
States Navy, attached to and serving on board the United States ship at
the navy-yard, , , did, on or about the fifteenth day of October,
nineteen hundred and eight, fail to provide in a regular manner, funds to his
credit as a disbursing officer of the United States Navy, in the National
Bank of , , a United States depository, which it was his duty to do,
and did, on the fifteenth day of October, nineteen hundred and eight, issue a
check, number seventy-five, drawn on said National Bank, for eighty-
five dollars, payable to the order of , seaman, United States Navy,
on account of pay, and a check number seventy-six, drawn on the said
National Bank for twenty dollars, payable to the order of , marked
"exchange for cash," well knowing that he had not suflicient funds in said bank
to pay both of said checks, and he, the said Passed Assistant Paymaster
, United States Navy, was therein culpably inefficient in the performance
of duty.
Specification. — In that , a passed assistant paymaster in the United
States Navy, attached to and serving on board the United States ship ,
having, as pay officer of said ship, between the first of June, nineteen hundred
and eight, and the thirty-first of March, nineteen hundred and nine, both days
inclusive, issued to the officers' and other messes of said ship certain provisions
belonging to the Government, did wholly neglect and fail to keep or cause to be
kept a proper account of the issue of said stores,
CHARGE.— Culpable negligence and inefficiency in the performance of duty.
Specification. — In that , a lieutenant in the United States Navy, attached
to and serving on board the United States ship , as navigating officer, on
the fifth day of April, nineteen hundred and nine, while the said ship was returU'
ing to Hampton Roads, Virginia, from a trial trip at sea, and the commanding
8483—10 7
98 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
officer of the said ship, Commander , United States Navy, having
been called from the bridge of the said ship in the performance of official duty
and having instructed the said Lieutenant to pilot said ship into
Hampton Roads, and the said Lieutenant , well knowing that it was his
duty as navigating officer under such instructions to continue at his proper post
of duty and carefully to watch the course of the said ship, and to change the
same from time to time as might be necessary in order properly to pilot said ship
safely into Hampton Roads, did, nevertheless, improperly absent himself from
his said post of duty, and did neglect and fail safely to pilot said ship into
Hampton Roads, as it was his duty to do, by reason of which culpable negligence
and inefficiency o'". the part of the said Lieutenant , the said ship
was, on the day aforesaid, between the hours of three and four postmeridian,
run aground near Cape Henry, Virginia, the said ship being thereby unneces-
sarily subjected to the risk of great danger and possible loss.
CHARGE.— Desertion.
Specification. — In that , a yeoman third class in the United States
Navy, undergoing confinement, in accordance with the sentence of a general
court-martial, at the naval prison, navy-yard, , , did, on the twenty-
sixth day of May, nineteen hundred and nine, while a prisoner on board the
United States ship , at the navy-yard, , , awaiting transfer
to the prison at the navy-yard, , , desert from said ship and from
the United States Navy, and did continue in desertion until he was delivered on
board the United States ship , at the navy-yard, , , by the
civil authorities of said city, on the third day of July, in the year aforesaid.
Specification. — In that , ordinary seaman, alias , coal
passer, United States Navy, now attached to and serving on board the United
States ship , at the navy-yard, , , did, on or about the sixth
day of July, nineteen hundred and six, desert from the United States ship ,
at , , and from the United States Navy, while serving under the
name and rate of , ordinary seaman, and did continue in deser-
tion until he was identified on the fourteenth day of April, nineteen hundred
and eight, on board said ship where serving under the name and rate
of , coal passer, United States Navy.
Specification. — In that , alias , an ordinary seaman in the
United States Navy, attached to and serving on board the United States ship
, at the navy-yard, , , did, on the fifteenth day of October,
nineteen hundred and eight, desert from said ship and from the United States
Navy, and did continue in desertion until he was delivered on board said ship
by civil authorities, on the eighteenth day of the month and year aforesaid.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at , , did, on
or about the eighth day of August, nineteen hundred and eight, desert from the
said ship and from the United States Navy, and did continue in desertion until
he was delivered on board the United States ship , at the navy-yard,
, , on the thirtieth day of August, in the year aforesaid.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on the twentieth day of March, nineteen hundred and eight, desert from said
barracks and from the United States Marine Corps, and did continue in desertion
until he surrendered himself at the marine barracks, , , on the
twentieth day of August, nineteen hundred and nine.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 99
Specification. — In that , a private in the United States Marine Coqjs,
attached to and serving at the marine barracks, navy-yard, , , did,
on the second day of October, nineteen hundred and eight, while a coal passer
in the United States Navy, attached to and serving on board the United States
ship , at the navy-yard, , , desert from said ship and from
the nav'al service, and did continue in desertion until he enlisted in the United
States Marine Corps, as a private, at , , on the second day of Feb-
ruary, nineteen hundred and nine.
Specification. — In that , a mess attendant third class in the United
States Navy, attached to and serving on board the United States ship , at
, , did, on the twenty-seventh day of June, nineteen hundred and
eight, desert from said ship and from the United States Navy, and did continue
in desertion until he was delivered on board the United States ship , at
the navy-yard, , , on the eleventh day of May, nineteen hundred
and nine.
CHAB.GE. — Disobedience of a lawful order of the Secretary of the Navy.
Specification. — In that , a carpenter in the United States Navy, then
attached to and serving on board the United States ship , having, on or
about the first day of August, nineteen hundred and eight, had addressed to him
by the Secretary of the Navy, a letter in words and iigures substantially as fol-
lows: * * * ^ he, the said , did, notwithstanding the direction of the
Secretary of the Navy immediately to acknowledge the receipt of said letter,
neglect and fail, and has ever since neglected and failed, to make such acknowl-
edgment; and the said — did therein and thereby disobey a lawful order of
the Secretary of the Navy.
CHARGE. — Disobeying the lawful order of Ms superior officer.
Specification. — In that , an ensign in the United States Navy, attached
to and ser^dng on board the United States ship , at anchor off , ,
having, on or about the nineteenth day of May, nineteen hundred and nine, on
board said ship, been ordered by Lieutenant , United States Navy,
the executive officer of said ship, to superintend the work of breaking out the
fore hold, did then and there refuse to obey and did disobey said lawful order.
Specification. — In that , a paymaster in the United States Navy, attached
to and serving on board the United States ship , then at sea making pas-
sage from to , having, on or about the fifth day of December, nine-
teen hundred and eight, received from his superior and commanding officer.
Commander , United States Navy, a specific, lawful order requiriug
him to go with a board appointed in accordance with article , United States
Navy Regulations of nineteen hundred and nine, and to see that certain papers
were placed in the safe, and that the safe was sealed, did, nevertheless, deliber-
ately refuse to obey said order.
Specification.— In that , an ensign in the United States Navy, attached
to and serving as such on board the United States ship , then lying in the
harbor of , , having received permission from proper authority to
visit the shore, did leave the said ship on the fifth day of January, nineteen
hundred and nine, and did fail to return at or before sunset of the same day, and
did remain absent from the said ship until at or about five o'clock ante-
meridian of the sixth day of January, in the year aforesaid, this in disobedience
of a lawful order of Rear- Admiral , United States Navy, commander
in chief of the fleet, of the following tenor, to wit, "Officers' leave shall
expire at sunset," which order was given because of the .«anitary condition of
the city of , , to protect the officers and crews of the said fleet from
danger of infection by yellow fever.
100 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Specification. — In that , a seamau in the United States Navy, attached
to and serving on board the Ignited States ship , at anchor off Thomas
Point Light, Chesapeake Bay, having, on the sixteenth day of June, nineteen
hundred and nine, been ordered by , chief master at anns, United
States Navy, attached to said ship, to go to the berth deck of said ship and per-
form extra duty in accordance with the sentence of a summary court-martial,
did refuse to obey, and did Mdlfiilly disobey, the said lawful order of the said
Chief Master at Arms , who was then and there in the execution of the
duties of his office.
Specification. — In that , a seaman in the United States Navy, attached
to and servdng on board the United States ship , at , , having,
on the sixth day of June, nineteen hundred and nine, while on shore at said
place as a member of a landing party for the protection of the United States con-
sulate, been ordered by Lieutenant , United States Navy, attached
to said ship, to cease being noisy and disorderly, did refuse to obey, and did wil-
fully disobey, the said lawful order of the said Lieutenant , who was then
and there in the execution of the duties of his office.
Specification. — In that , a coal passer in the L'nited States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, having, on the sixth day of May, nineteen hundred and nine, received
through , fireman second class. United States Navy, an order from
Midshipman , United States Navy, attached to said ship, to assist
in cleaning the jjassages on the berth deck of said ship, did refuse to obey, and
did Avilfully disobey, the said lawful order of the said Midshipman , who
was then and there in the execution of the duties of his office.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at , , having,
on the seventeenth day of May, while a general court-martial prisoner under
sentry's charge, been ordered by Lieutenant-Commander , United
States Navy, the executive officer of said ship, to hold communication with no
one, did wilfully disobey the said lawful order of his superior officer, the said
Lieutenant-Commander , who was then and there in the execution of the
duties of his office.
CHARGE. — ^Disrespect to the Secretary of the Navy.
Specification. — In that , an assistant civil engineer in the United States
Navy, having disobeyed an order dated November seventeenth, nineteen hundred
and eight, from the Secretary of the Navy, directing him, the said , to
proceed to the navy-yard, , — , and report to the commandant of that
station for duty thereat, and having in violation of said order and of the instruc-
tions contained in a letter from the Acting Secretary of the Navy, dated the
fifteenth day of December, in said year, refusing to grant him, the said ,
authority to return East for medical treatment, proceeded to , , and
reported at the naval hospital at said place for medical treatment; and having
been subsequently reported by the medical officer in command of said hospital
as fit for duty, and having thereupon been ordered by the Secretary of the Navy
to proceed at once to the navy-yard aforesaid and report to the commandant of
said station for duty thereat; and having, without permission from proper authority
proceeded to , , as set forth in the second specification of the first of
these charges, he, the said , did, from the place last named, on or about the
twenty-ninth day of December, in the year aforesaid, write and address to the
Secretary of the Navy a letter, in the words and figures following, to wit: * * *,
containing contemptuous and disrespectful words of and against the Secretary of
the Navy, thereby violating the respect due from every officer in the navy to the
head of the Navy Department.
PBOCEEDINGS OF A GENERAL COURT-MARTIAL. 101
CHARGE.— Disrespectful in language and deportment to his superior officer
while in the execution of his office.
Specification. — In that , a machinist in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, having, on or about the fourth day of October, nineteen hundred and eight.
been ordered by the senior engineer officer of said ship. Lieutenant ,
United States Navy, to inspect the clothing of his section of the engineer division,
did say to said Lieutenant , in a disrespectful manner, "I haven't got time
to do that now, " or words to that effect, and therein and thereby the said Machinist
was disrespectful in language and deportment to his superior officer, the
said Lieutenant , who was then and there in the execution of his office.
Specification. — In that , an assistant surgeon in the United States Navy,
attached to and serving on board the United States ship , at , ,
having, at or about nine hours and thirty minutes postmeridian on the sixteenth
day of November, nineteen hundred and eight, been informed by his superior
officer. Surgeon , United States Navy, the senior medical officer
of said vessel, that he had reported the said 's failure properly to carry out
the instructions given him concerning the removal of such of the sick men belong-
ing to said vessel as were able to travel from the naval hospital on shore to the said
ship , did then and there assume a disrespectful and defiant manner toward
his said superior officer, and did reply: "Reported me! Go ahead and report; you
have put your foot in it, I give you that for a tip," or words to that effect, and
did then go below to his room; and the said was therein and thereby dis-
respectful in language and deportment to his superior officer, the said Surgeon
, who was then and there in the execution of his office.
Specification. — In that , a lieutenant of the junior grade in the United
States Navy, attached to and serving on board the United States ship , then
lying at anchor in the harbor of , , did, on board said ship, between the
hours of eight and nine postmeridian of the sixth day of April, nineteen hundred
and nine, when ordered by his superior officer, Lieutenant-Commander
, United States Navy, the executive officer of the said ship, to remain in
his room, say to said liieutenant-Commander : "* * *, " or words of
similar meaning and purport as the aforesaid ; and the said was therein and
thereby disrespectful in language and deportment to his superior officer, the said
, while in the execution of his office.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at , , did, on
the sixth day of June, nineteen hundred and nine, while on shore at said place as
a member of a landing party for the protection of the United States consulate,
when ordered on sentry duty by Lieutenant , LTnited States Navy,
commanding the said landing party, say in a defiant manner to said Lieutenant
, "It's not my turn; you can't make me do it," or words to that effect, and
was therein and thereby disrespectful in language and deportment to his superior
officer, Lieutenant , who was then and there in the execution of his office.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy- yard, , , did, on
the fifteenth day of August, nineteen hundred, while confined in the guard room
at said barracks, in reply to a question addressed to him by Second Lieutenant
, United States Marine Corps, the officer of the day at said place and
time, reply in a surly and contemptuous manner, "Oh, get out of here; don't talk
to me," or words to that effect, and was therein and thereby disrespectful in lan-
guage and deportment to his superior officer. Second Lieutenant . who was
then and there in the execution of his office.
102 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Specification. — In that , a corporal in the United States Marine Corps, at-
tached to and serving fit the marine barracks, navy-yard, , , did, on
or about the twenty-fifth day of December, nineteen hundred and eight, while
being placed in confinement in the prison at said barracks, say to Captain — "
, United States Marine Corps, the commanding officer of said barracks, in
an insolent and menacing manner, "I'll get even with you for this," or words to
that effect, and was therein and thereby disrespectful in language and deportment
to his superior oflicer. Captain , who was then and there in the execution of
his office.
CHARGE .—Drunkenness.
Specification. — In that , a lieutenant in the United States Navy, attached
to and serving on board the United States ship , at , , was, on
the sixth day of March, nineteen hundred and nine, on board said ship under
the influence of intoxicating liquor and thereby incapacitated for the proper
performance of duty.
Specification. — In that , a commander in the United States Navy, serving
as captain of the yard, navy-yard, , , was, on or about the twenty-
fifth day of May, nineteen hundred and nine, at the Hotel in the city of
, , under the influence of intoxicating liquor.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving on board the United States ship , at the navy-yard,
, , was, at said navy-yard, on the thirteenth day of August, nineteen
hundred and eight, under the influence of intoxicating liquor and thereby unfit
for duty.
Specification. — In that , an ordinary seaman in the United States Navy,
a patient at the naval hospital, , , was, at or about five hours post-
meridian, on the eighth day of May, nineteen hundred and nine, drunk at said
hospital.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , was,
on the fifteenth day of April, nineteen hundred and nine, upon his return to said
barracks from liberty, drunk and unfit for duty.
CHAKGE. — Drunkenness on duty.
Specification. — In that , a commander in the United States Navy, serving
as commandant of the navy-yard, , , was, on or about the tenth day
of November, nineteen hundred and eight, at his quarters in said yard, being then
and there on duty, under the influence of intoxicating liquor.
Specification.— In that , a lieutenant in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, was, at or about nine hours postmeridian on the twenty-fourth day of
May, nineteen hundred and nine, while on duty as officer of the deck of said ship,
under the influence of intoxicating liquor, and thereby incapacitated for the
proper performance of duty.
Specification. — In that , a lieutenant in the United States Navy, attached
to and serving on board the United States ship , was, while on duty as
acting executive oflScer on board said ship, at , , on or about the
twenty-third day of August, nineteen hundred and eight, so much under the
influence of intoxicating liquor as to be unable properly to perform his duty.
Specification. — In that , a lieutenant in the United States Navy, attached
to and serving on board the United States ship , was, at , , at
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 103
quarters on or about the thirteenth day of September, nineteen hundred and
eight, so much under the influence of intoxicating liquor as to be unable properly
to perform his duty.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at , , was, on
the sixth day of June, nineteen hundred and nine, while on shore at said place,
as a member of a landing party for the protection of the United States consulate,
under the influence of intoxicating liquor, and thereby unfit for the proper per-
formance of duty.
CHARGE. — Drunkenness on guard.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , was,
on the morning of the twenty-second day of November, nineteen hundred and
eight, while acting as corporal of the guard at said yard, drunk on guard.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving on board the United States ship , at the navy-yard,
, , was, at or about seven hours and fifty minutes postmeridian on the
nineteenth day of April, nineteen hundred and nine, while a member of the day's
guard of the said ship, drunk on guard.
CHARGE. — Drunkenness on post.
Specification. — In that — , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , having,
on the eighteenth day of July, nineteen hundred and eight, been regularly posted
as a sentinel at the lyceum at said navy-yard, was drunk while on said post.
CHARGE .—Embezzlement.
Specification. — In that , ordinary seaman, United States Navy, alias
, formerly private, United States Marine Corps, now attached to
and serving on board the United States ship Hancock, at the navy-yard, New
York, having, on or about the first day of September, nineteen hundred and eight,
on board the United States ship Vermont, then at Guantanamo Bay, Cuba, and
while acting as mail orderly of said ship, been intrusted as such mail orderly
with the sum of twelve dollars by and belonging to , ordinary
seaman, United States Navy; the sum of fifty dollars by and belonging to
, master at arms, third class. United States Navy; and the sum of seventy-
three dollars by and belonging to , private, United States Marine
Corps, all of the aforesaid men being at the time above mentioned attached to
and serving on board the said ship Vermont, did fraudulently misappropriate
and convert to his own use and did embezzle the several sums as herein set
forth, amounting in all to about one hundred and thirty-five dollars, lawful money
of the United States.
CHARGE.— Embezzlement, in violation of article fourteen of the Articles for the Gov-
ernment of the Navy.
Specification.— In that , a paymaster in the United States Navy, attached
to and serving on board the United States ship , having, between the first
day of January and the twenty-fifth day of February, nineteen hundred and eight,
both days inclusive, issued various articles of provisions to the officers' and other
messes of said ship , and having received the value of said stores in lawful
money of the United States, in the amount of one thousand five hundred and
twenty dollars and sixty-two cents, or thereabouts, did unlawfully and wholly
fail to account to the United States for said sum or any part thereof, but did con-
104 PKOCEEDINGS OF A GENERAL COURT-MARTIAL.
vert to his own use the said sum of one thousand five hundred and twenty dollars
and sixty-two cents, or thereabouts, lawful money of the United States, the total
amount received from said issues.
Specification. — In that , a colonel in the United States Marine Corps,
being in command of the marine barracks, navy-yard, , , and in such
capacity having in his possession certain public stores of the United States, includ-
ing coal, furnished and intended for the use of troops, hospital, guard room, and
ofiices at said barracks, and duly entrusted to his charge for issue for said purposes,
did, between the first day of October, nineteen hundred and eight, and the sixth
day of March, nineteen hundred and nine, both days inclusive, in violation of
said trust, embezzle, and knowingly and wilfully apply to his own use and benefit,
forty-eight tons, more or less, of anthracite coal, a portion of the aforesaid public
stores, by using the same for the purpose of heating his, the said 's private
quarters at said barracks, the said coal aggregating in value two hundred and two
dollars and eight cents, or thereabouts, lawful money of the United States.
Specification. — In that , a paymaster in the United States Navy, attached
to and serving on board the United States ship , having, on or about the
twenty-fifth day of February, nineteen hundred and nine, received a lawful order
from the Secretary of the Navy, dated February fifth, nineteen hundred and nine,
directing him to transfer to Paymaster , United States Navy, the
public funds in his possession, and the said , having as pay officer of the
said ship , between the first day of January and the twenty-fifth day of
February, nineteen hundred and eight, both days inclusive, received the sum
of one thousand and twenty-five dollars, or thereabouts, lawful money of the
United States, for provisions sold to officers' and other messes of said ship ,
which sum should have been transferred to his relief. Paymaster ,
United States Navy, in obedience to the aforesaid order, did, on or about said
twenty-fifth day of February, nineteen hundred and nine, on board said ship
, fail to transfer to his relief, the said Paymaster , the said sum of
one thousand and twenty-five dollars; and the said did thereby embezzle
the said sum from moneys of the United States in his custody, the amount
received for provisions, as aforesaid.
Specification. — In that , a paymaster in the United States Navy, attached
to and serving on board the United States ship , was, on the thirty-first day
of July, nineteen hundred and eight, as pay ofiicer of said ship, justly indebted
to the United States in the sum of thirty-nine thousand five hundred and seventy-
three dollars and five cents, moneys of the United States, under "General account
of advances," for the safe-keeping and disbursement of which sum, in accordance
with law, he, the said , was responsible; whereas he, the said , did
have on hand in cash, on board said ship, on the said date, the sum of thirteen
thousand nine hundred and seventy dollars and five cents, and subject to his
check in the subtreasuries at New York and San Francisco the total sum of nine-
teen thousand three hundred and twenty-three dollars and ninety-one cents,
making an aggregate sum of only thirty-three thousand two hundred dollars and
ninety-six cents accounted for; and the said did, in and by rendering a false
andfraudulentreturnof balances to his credit, in words and figures as follows: * * *
convert to his own use the sum of six thousand two hundred and seventy-nine
dollars and nine cents, or thereabouts, from moneys of the United States in his
custody, said sum being the difference between the amount for which he was
accountable to the United States and the amount accounted for as aforesaid.
Specification. — In that , a paymaster's clerk in the United States Navy,
attached to and serving on board the United States ship , at the navy-yard,
, , having, on various dates between July fifteenth and October
lEDINGS OF A GENEBAL COURT-MARTIAL. 105
tenth, nineteen hundred and eight, been entrusted by Paymaster ,
United States Navy, the pay officer of said ship, with sums of money belonging
to the United States, in various amounts, furnished and intended for the naval,
service thereof, for disbursement for the purposes of said service during the tem-
porary absence of said Paymaster from said ship, and having, on the first
day of October, nineteen hundred and eight, receipted to the said Paymaster
for moneys so entrusted to his care as aforesaid in the sum of one thousand
seven hundred and one dollars and forty-four cents, did, between the said
fifteenth day of July and tenth day of October, nineteen hundred and eight,
knowingly and wilfully misappropriate and apply to his own use and benefit,
from the money so entrusted to him at various times as aforesaid, the sum of nine
hundred and seventy-one dollars and eleven cents, or thereabouts, lawful money
of the United States.
Specification. — In that , a paymaster in the United States Navy, attached
to and serving at the naval station, , , did on or about the first day
of February, nineteen hundred and eight, embezzle and wilfully misappropriate
and apply to his own use and benefit public money of the United States, to wit,
ten thousand dollars, or thereabouts, lawful money of the United States, with
which money he was officially entrusted for disbursement in the discharge of the
duties to which he was assigned at the said naval station.
Specification. — In that , a paymaster in the United States Navy,
attached to and serving at the naval station, , , having as such,
between the twenty-sixth day of November, nineteen hundred and eight, and
the first day of March, nineteen hundred and nine, had placed to his official
credit in the United States subtreasury, — , , an authorized place of
deposit for public funds, the sum of one hundred and fifty thousand two hundred
and forty-five dollars and eighty-seven cents, or thereabouts, lawful money of
the United States, for disbursement at the naval station to which he was attached,
and, being authorized to draw from the same only as might be required for pay-
ments to be made by him in pursuance of law, did, on or about the first day of
March, nineteen hundred and nine, for a purpose not prescribed by law, with-
draw from the moneys with which he was so entrusted, and did convert to his
own use, the sum of five thousand dollars, by drawing a check, numbered
thirty-eight thousand eight hundred and seventy-seven, in favor of himself for
the last-mentioned amount, and receiving the money for the same from the First
National Bank of , , thereby effecting an embezzlement of five
thousand dollars, lawful money of the United States, so withdrawn and converted.
CHARGE.— Falsehood.
Specification. — In that , a passed assistant surgeon in the United States
Navy, member and recorder of a board of medical examiners in session at the
naval hospital, navy-yard, , , having, on or about the thirteenth
day of October, nineteen hundred and eight, refused, on account of alleged
informalities, to record the proceedings had by said board in the case of Ensign
, United States Navy, did, on said date, state to Medical Inspector
, United States Navy, president of said board, that he,
, had referred the matter of his action in refusing to record the proceedings
of the board as aforesaid to the Secretary of the Navy, who had sustained his
action in so refusing, which said statement was wholly false and intended to
deceive, as he, the said , well knew.
Specification. — In that , a colonel in the United States Marine Corps,
being in command of the marine barracks, navy-yard, , , well know-
ing that the northwest chimney of the building at said barracks occupied as
106 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
officers' quarters was in a dangerous condition, such fact having been officially
reported to him by First Lieutenant , United States Marine Corps,
on the second day of April, nineteen hundred and nine, and ha\dng, on or about
the tenth day of April, nineteen hundred and nine, received from the Com-
mandant of the United States Marine Corps a telegram of that date substantially
as follows: * * *^ did, on the same day, send to said commandant a telegram
in reply substantially as follows: * * *, thesaid , well knowing that the
first order given by him to discontinue the use of said defective chimney was
not issued until the tenth day of April in the year aforesaid, and that so much of
his aforesaid telegram as stated that he had ordered discontinuance of the use of
the said chimney as soon as the defect was discovered therein was wholly false
and intended to deceive.
Specification. — In that , a gunner in the United States Navy, attached
to and serving at the navy-yard, , , did, on or about the foiu-teenth
day of April, nineteen hundred and nine, in the pay office at said navy-yard,
state to , paymaster's clerk. United States Navy, that a claim of
the First National Bank of Key West, Florida, in the amount of dollars
against him, the said , had been satisfied, he, the said , well know-
ing that such statement made by him, as aforesaid, was false and intended to
deceive.
Specification. — In that , a passed assistant paymaster in the United
States Navy, then attached to and serving on board the United States ship ,
at Shanghai, China, having received a letter from the Navy Department in
words and figures substantially as follows, to wit: * * *^ did, on or about
the twenty-eighth day of December, nineteen hundred and eight, address to
the Secretary of the Navy a letter, in words and figures substantially as follows,
to wit: * * *, the said well knowing that the statements contained
in his said letter of December twenty-eight, nineteen hundred and eight, to the
effect that he received the sum of two thousand five hundred dollars from his
former clerk, , as loan and not in any sense as a bond, was wholly
false and intended to deceive.
Specification. — In that , a captain in the United States Marine Corps,
in command of the marine barracks, navy-yard, , , acting as post
treasurer at said barracks, and being in such capacity charged with the expendi-
ture of the company fund thereof and the purchase of supplies for the use of the
said barracks, did, on the fourth day of August, nineteen hundred and eight,
upon turning over the command of said barracks, preliminary to his detachment
therefrom on said day, to his relief. Captain , United States Marine
Corps, state to the said , in substance, that all financial claims against the
barracks aforesaid had been settled, and that there were then no debts out-
standing chargeable to the said company fund; whereas he, the said ,
well knew that said barracks was, on the day above mentioned, indebted to one
, of the said city of , , in the sum of four hundred and
eighty-three dollars and sixty-five cents or thereabouts, and to one
, of , , in the sum of twenty-three dollars and thirty cents,
for supplies funiished by them to said barracks during the fiscal year ending
June thirtieth, nineteen hundred and eight, which supplies had been purchased
from them on credit by the said for the use of the barracks aforesaid, and
were a proper charge upon said company fund, said statement, in substance above
set forth, being false, and as such made by the said , to the said
knowingly and wilfully, and with intent to deceive.
PROCEEDINGS OP A GENEHAL COURT-MARTIAL. 10 7
CHAEGE.— Forgery.
Specification. — In that , a passed assistant paymaster in the United
States Navy, while attached to and serving on board the United States ship ,
having, on or about the fifteenth day of January, nineteen hundred and nine,
received through the commanding officer of said ship a certificate for the sum of
sixty dollars or thereabouts, in United States money, in payment of an indemnity
for loss of clothing, issued by the Auditor for the Navy Department in favor of
, seaman, attached to said ship, and he, the said , well know-
ing that the said was, at the time of the receipt by him, the said ,
of said certificate, a deserter from the United States naval service, did, never-
theless, for the purpose of obtaining allowance in his accounts, of the said claim
of sixty dollars or thereabouts, by the accounting officers of the Treasury, present,
among his official vouchers, the aforesaid certificate, bearing thereon what pur-
ported to be the signature of the said , he, the said , well knowing
that the said signature was a forgery; this in violation of the fifth clause of the
fourteenth article of the Articles for the Government of the Navy.
CHARGE.— Fraud, in violation of article fourteen of the Articles for the Government
of the Navy.
Specification. — In that , a paymaster in the United States Navy,
attached to and serving on board the United States ship , did, between
the first day of July and the thirtieth day of September, nineteen hundred and
eight, both days inclusive, issue various articles of clothing to the following-
named men belonging to the crew of the said ship, to wit: , sea-
man; , fireman second class; , ordinary seaman; and
, private; and did neglect and fail to charge for the same as such
in the roll of the said ship for the then current quarter, to wit, the first
quarter of the fiscal year of nineteen hundred and nine, but in lieu thereof did
knowingly and fraudulently charge the price of the said clothing as money
received by the aforesaid men.
Specification. — In that , a paymaster in the United States Navy,
attached to and serving on board the United States ship , did, on or about
the third day of July, nineteen hundred and eight, the said ship being then at
anchor off Shanghai, China, purchase for the following-named men belonging to
the crew of the said ship, drafts for the respective amounts hereinafter specified,
and did pay therefor in Mexican money as hereinafter stated, to wit:
, fireman second class, ten pounds sterling, paid fifty-five dollars and
sixty-five cents in Mexican money; , seaman, twelve pounds
sterling, paid sixty-six dollars and seventy-eight cents in Mexican money;
* * * , ordinary seaman, twenty-five dollars in United States
money, paid twenty-nine dollars and twenty-five cents in Mexican money; and
did knowingly and fraudulently charge in United States money to the accounts
of the aforesaid men, for the first quarter of the fiscal year of nineteen hundred
and nine, the number of dollars paid in Mexican money for said drafts, thereby
making fraudulent overcharges against the said men, amounting in the aggre-
gate to one hundred and sixty-five dollars and seventy-six cents in United
States money, or thereabouts.
CHARGE.— Fraudulent enlistment.
Specification.— In that , alias — , a private in the United
States Marine Corps, attached to and serving at the marine barracks, navy-yard,
, , did, on the eighth day of December, nineteen hundred and
eight, at said barracks, procure himself to be accepted and did fraudulently
108 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
enlist as a private in the United States Marine Corps, by falsely representing that
he had never been discharged from the United States service by sentence of a
military court, and by deliberately and wilfully concealing from the recruiting
officer the fact that he had on the nineteenth day of November, nineteen hun-
dred and eight, been dishonorably discharged from the United States Army,
under the name of , pursuant to the sentence of a general court-
martial; and, furthermore, that he, the said , alias , has, at
the marine barracks aforesaid, since said enlistment, received pay and allow-
ances thereunder.
Specification. — In that , an apprentice seaman, alias ,
formerly apprentice seaman, United States Navy, now attached to and serving
on board the United States ship — at the navy-yard, , , did,
on the thirtieth day of September, nineteen hundred and eight, at Atlanta,
Georgia, procure himself to be accepted and did fraudulently enlist as an ap-
prentice seaman in the United States Navy, under the name of ,
by falsely representing that he had had no previous service in the United States
Navy, and that he had never been discharged from the United States service
through sentence of a military court and by deliberately and wilfully concealing
from the recruiting officer the fact that he had, on the twenty-third day of April,
nineteen hundred and seven, while serving under the name and rate of
, apprentice seaman, been dishonorably discharged from the United States
Navy pursuant to a sentence of a general court-martial; and, furthermore, he,
the said -, has since said enlistment received pay and allowances thereunder.
Specification. — In that , ordinary seaman, alias , coal passer.
United States Navy, now attached to and serving on board the United States ship
, at the navy-yard, , , did, on the twenty-first day of February,
nineteen hundred and eight, at the Navy Recruiting Station, Chicago, Illinois,
procure himself to be accepted and did fraudulently enlist as a coal passer in the
United States Navy under the name of by falsely stating that he
had had no previous naval service and that he had never deserted from the United
States Navy, and by deliberately and wilfully concealing from the recruiting
officer the fact that he had, on or about the sixth day of July, nineteen hundred
and six, deserted from the United States Navy while serving under the name and
rate of , ordinary seaman, and was a deserter at large; and further-
more that he, the said , alias — , has since said enlistment received pay
and allowances thereunder.
Specif cation. — In that , an apprentice seaman in the United States Navy,
now attached to and serving on board the United States ship , at the navy-
yard, — ; , did, on the twenty-eighth day of August, nineteen hundred
and eight, at Kansas City, Missouri, procure himself to be accepted and did fraudu-
lently enlist as an apprentice seaman in the United States Navy by falsely rep-
resenting that he had had no previous service in the United States Navy, and that
he had never been discharged from the United States service except for reasons
given the recruiting officer prior to enlistment, and by deliberately and wilfully
concealing from the recruiting officer the fact that he had, on the eleventh day of
January, nineteen hundred and eight, been discharged from the United States
Navy for physical disability, pursuant to a recommendation of a medical board of
survey; and furthermore that he, the said , has since said enlistment re-
ceived pay and allowances thereunder.
Specification. — In that , an apprentice seaman in the United States Navy,
attached to and serving on board the United States ship , at the navy-yard,
, , did, on the twenty-fourth day of June, nineteen hundred and
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 109
eight, on board the United States ship , at , , procure himself
to be accepted and did fraudulently enlist as an apprentice seaman in the United
States Navy, by falsely representing that he had had no previous naval service,
and by deliberately and wilfully concealing from the recruiting oflBcer the fact that
he had, on the seventeenth day of November, nineteen hundred and seven,
deserted from the United States ship , at the navy-yard, , ,
under the name of ; and furthermore, that he, the said has,
on board said ships and , since said enlistment, received pay and
allowances thereunder.
Specification.— In that , alias , an ordinary seaman in the
United States Navy, attached to and serving on board the United States ship
, at the naval station, , , did, on the fifteenth day of July,
nineteen hundred and eight, on board the United States ship , at the navy.
yard^ ^ ^ procure himself to be accepted and did fraudulently enlist
as an apprentice seaman in the United States Navy, by falsely representing that he
had had no previous naval service, and by deliberately and wilfully concealing
from the recruiting officer the fact that he had, on the twenty-sixth day of May,
nineteen hundred and seven, been discharged from the United States ship ,
at the naval station, , , for inaptitude, under the name of
; and furthermore that he, the said , alias , has, on board said
ships and , since said enlistment, received pay and allowances
thereunder.
Spedfication. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on the first day of December, nineteen hundred and eight, at said barracks, pro-
cure himself to be accepted and did fraudulently enlist as a private in the United
States Marine Corps, by falsely representing that he had had no previous naval
service, and by deliberately and wilfully concealing from the recruiting officer
the fact that he had, on the sixth day of July, nineteen hundred and eight, been
discharged from the United States Navy, as an apprentice seaman, pursuant to
the sentence of a summary court-martial, with bad conduct discharge; and fur-
thermore that he, the said , has, at the marine barracks, navy-yard, ,
, since said enlistment, received pay and allowances thereunder.
CHARGE. — Improperly hazarding the vessel under his command, in consequence
of which she was run upon a rock and lost.
Specification.— In that Commander , United States Navy, then in com-
mand of the United States ship , while said ship was at sea making a passage
from to , on the seventeenth day of November, nineteen hundred
and eight, about nine hours postmeridian, the weather at the time being thick and
foggy, the night dark, and the currents uncertain, did issue written night orders in
substance as follows: That during the night the was to proceed under slow
speed, was to steer a course of southwest one-half south, per standard compass,
until she had made thirty miles on that course, when the course was to be changed
to west-southwest one-quarter west, per standard compass; the said Commander
knowing at the time he issued the aforesaid orders, from reports which had
been made to him by Lieutenant , United States Navy, the navi-
gator of said ship at the time, and from calculations which he and the said Lieu-
tenant had made together, that the said ship would be, at the time
the course was to be changed to west-southwest one-quarter west, per standard
compass, in obedience to the aforesaid night orders, about thirty miles from the
Islands, and that the said course of west-southwest one-quarter west, per
standard compass, would head the said ship almost directly for the said
Islands, which islands it was dangerous to approach on a dark and foggy
110 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
night, and in issuing the aforesaid night orders he, the said Commander , did
improperly hazard the ship under his command, which ship, while being run in
obedience to the aforesaid night orders, ran upon a rock at about four hours and
five minutes antemeridian of the eighteenth day of November, nineteen hundred
and eight, which rock was close to the southeast end of the East Island,
or thereabouts, and in consequence of which striking upon the aforesaid rock
the said ship was lost.
CHARGE. — Leaving post before being regiQarly relieved.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , having,
at or about eleven o'clock postmeridian on the fourth day of June, nineteen
hundred and nine, been regularly posted as a sentinel on post number four at said
navy-yard, did, at or about one o'clock antemeridian on the fifth day of said
month, leave said post before being regularly relieved.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving on board the United States ship , at the navy-yard,
, , having, on the eleventh day of September, nineteen hundred and
eight, been regularly posted as a sentinel over prisoners on board said ship, did,
between the hours of six and eight postmeridian on said day, leave said post
before being regularly relieved.
CHABGE.— Leaving station before being regularly relieved.
Specification. — In that , a lieutenant in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, having, at or about eight o'clock on the evening of the twenty-fourth day
of May, nineteen hundred and nine, regularly relieved the officer of the deck of
the said ship, did, at or about nine o'clock on the evening of the said day, while
oflBcer of the deck of the said ship, leave his station before being regularly re-
. lieved; this in violation of the ninth clause of the fourth article of the Articles
for the Government of the Navy.
Specification. — In that Captain , United States Navy, being in command
of the navy-yard, , -, did, without authority, place a subordinate
officer in command of said navy-yard and leave his station before being regularly
relieved: This, on or about the first day of September, nineteen hundred and
eight, when yellow fever was prevailing in the city of , , and when
the oflicers and others residing at and in the immediate vicinity of said navy-yard
were apprehensive of the approach of said disease.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on the morning of the twenty-second day of October, nineteen hundred and eight,
while acting as corporal of the guard at the main gate at said yard, absent himself
from his station before being regularly relieved, and did remain so absent for a
period of about one hour.
CHABGE. — Making a false and. fraudulent official report, in violation of article four-
teen of the Articles for the Government of the Navy.
Specification. — In that , a paymaster in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, did, on the thirteenth day of May, nineteen hundred and nine, when
his accounts as pay officer of said ship were being inspected, and the cash on
hand in his possession as such pay officer was being verified by Pay Inspector
, United States Navy, in obedience to a telegraphic order from the
Secretary of the Navy to the said , dated May twelfth, nineteen hundred
PROCEEDINGS OF A GENERAL COURT-MARTIAL. Ill
and nine, acknowledge to the said that he, the said , was indebted to
the United States in the sum of nine thousand eight hundred and ninety-six
dollars and eighty-seven cents on account of money had and received under
"General account of advances; " and, whereas, the said did have on hand,
in cash, on board the said ship , on the said thirteenth day of May, the total
amount of one thousand seven hundred and forty-three dollars and eighty-five
cents, and on deposit to his official credit in the subtreasury at New York, the sum
of fifty-four dollars and six cents, and in the subtreasury at San Francisco the
sum of six hundred and thirty-two dollars and sixty-three cents, making a total
amount of six hundred and eighty-six dollars and sixty-nine cents, subject to hia
check in the aforesaid subtreasuries, and an aggregate of only two thousand four
hundred and thirty dollars and fifty-four cents accounted for, he, the said ,
did then and there officially report to the said that on the said thirteenth
day of May, nineteen hundred and nine, there was on deposit to his credit as pay
officer of the said ship , in the subtreasury at New York, the sum of seven
thousand six hundred and three dollars, the said well knowing that said
report was false and fraudulent.
CHARGE. — Making false and fraudulent official reports, in violation of article fourteen
of the Articles for the Government of the Navy.
Specification. — In that , a naval constructor in the United States Navy,
being, on or about the first day of July, nineteen hundred and eight, and continu-
ously thereafter until the date hereof, attached to and serving at the navy-yard
, , as the head of the department at said yard, and it being a
pari of his duty as such head of department to supervise and control all work per-
taining to said department and to have the general superintendence, charge,
direction, and mustering of all persons employed in said department, and it being
also a .part of his duty, when doing work for another department, to send every
morning through the commandant to the head of such department a report of the
number and class of men employed, with their rates of pay, did, from time to
time, between the twenty-eighth day of March and the thirtieth day of June,
nineteen hundred and nine, cause to be prepared and transmitted over his official
signature, as the head of the department of , to the heads of other depart-
ments at said yard, to wit, to the heads of the departments of , , and
, statements of labor performed for such other departments, respectively,
which statements contained the names of laborers and mechanics who were
credited with having rendered, respectively, one and five -eighths (If) days'
service on certain days therein specified; whereas, in fact, as he, the said ,
well knew, such laborers and mechanics had rendered and were entitled to be
credited with one and three-eighths (1|) days' service only on such days; and
the said did, therein and thereby, make false and fraudulent official
reports of labor performed by employees of the department under his charge.
CHARGE.— Making and using false papers, in violation of article fourteen of the
Articles for the Government of the Navy.
Specification. — In that , a colonel in the United States Marine Corps, being
in command of the marine barracks, navy-yard, , , having, on the
third day of October, nineteen hundred and eight, made a requisition on Colonel
, quartermaster. United States Marine Corps, in words and figures
substantially as follows: * * * and the said quartermaster of the Marine
Corps, on the fifth day of the same month, the public exigency requiring the
immediate delivery of the articles enumerated in said requisition, ordered that
they be procured by open purchase, and the said having purchased from
, Fulton street, Brooklyn, New York, , did, on or about the
twenty -fourth day of October, nineteen hundred and eight, in order to obtain the
112 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
approval, and payment to said firm for such articles, of its claim against the
United States, prepare and forward to the said quartermaster, United States
Marine Corps, an open purchase voucher, in words and figures substantially as
follows: ■'<•** the said , well knowing that of the articles enumerated
in said voucher, were not purchased, inspected, and received by him at
the navy-yard, , , and, therefore, that the certificates on said voucher
made and signed by him that the said articles were so purchased, inspected, and
received were false.
CHARGE. — Maltreating a person subject to his orders.
Specification. — In that , a commander in the United States Navy, being
in command of the United States ship , did, on or about the fifth day of
March, nineteen hundred and nine, while the said ship was at , ,
maltreat , then a fireman second class in the United States Navy,
and attached to and serving on board said ship, by causing him, the said ,
to be confined, in a strait-jacket on board said ship, and to be kept so confined
during a period of about seven days.
Specification. — In that , a lieutenant in the United States Navy, attached
to and serving on board the United States ship , at New London, Connecti-
cut, did, between the hours of seven and eight postmeridian on the sixth day
of April, nineteen hundred and nine, wilfully and without justifiable cause assault
and kick , mess attendant third class, United States Navy, attached
to and serving on board the said ship.
CHARGE.— Mayhem.
Specification. — In that , a boilermaker in the United States Navy,
attached to and serving on board the United States ship , off , ,
did, on or about the twenty-eighth day of May, nineteen hundred and nine, on
board said ship, assault , a coal passer. United States Navy, attached
to said ship, and did then and there unlawfully and maliciously bite off the left
forefinger of the said , thereby maiming and wounding the said .
CHARGE.— Neglect of duty.
Specification. — In that, on the second day of February, nineteen hundred and nine,
, a lieutenant in the United States Navy, attached to and serving as
navigator on board the United States ship , making passage from to
, did, although the weather permitted, neglect and fail to obtain the local
deviation of the compass of said ship ; and the said Lieutenant did thereby
neglect his duty as navigator of said ship.
Specification. — In that , a chief boatswain in the United States Navy,
commanding United States coal barge number two, laden with coal, at sea, in tow
of the United States ship , from to , did, between ten hours
postmeridian of the nineteenth day of December and six hours antemeridian of the
twentieth day of December, nineteen hundred and eight, neglect and fail to keep
himself informed at proper intervals of the depth of water in said barge number
two, and did therein and thereby neglect his duty as commanding oflScer of said
barge.
Specification. — In that , a chief boatswain in the United States Navy,
commanding United States coal barge number two, laden with coal, at sea, in tow
of the United States ship , from to , having, between ten hours
postmeridian of the nineteenth day of December and six hours antemeridian of
the twentieth day of December, nineteen hundred and eight, neglect and fail to
cause to be kept a steam pressure in the boiler of said barge sufficient to work the
pump, and did therein and thereby neglect his duty as commanding officer of
said barge.
PKOCEEDINGS OF A GENERAL COUET-MAETIAL. 113
S specification. — In that , a chief boatswain in the United States Navy,
commanding United States coal barge number two, laden with coal, at sea, in tow
of the United States ship , from to , having, between ten
hours postmeridian of the nineteenth day of December and six hours antemeridian
of the twentieth day of December, nineteen hundred and eight, negligently
allowed water to enter said barge to a hazardous depth, did, at or about seven hours
antemeridian of the twentieth day of December in the year aforesaid, abandon
said barge without making any effort to free her from such water or to save any
part of her outfit, and the said did therein and thereby neglect his duty as
commanding officer of said barge.
Specification.— In that , a lieutenant, junior grade, in the United States
Navy, commanding the United States ship engaged in towing coal barge
number two, laden with coal, from to , which barge was, at or
about seven hours antemeridian on the twentieth day of December, nineteen
hundred and eight, in latitude twenty-six degrees and one minute north, and
longitude seventy-nine degrees and forty-seven minutes west, or thereabouts,
abandoned by her commanding officer. Chief Boatswain , United
States Navy, and crew, and he, the said — , having been informed that water
had entered said barge to a hazardous depth, did fail to send a relief crew on board
said barge, and did therein and thereby neglect his duty.
S specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , having,
at or about five hours antemeridian on the seventeenth day of January, nineteen
hundred and nine, been regularly posted as a sentinel over prisoners confined in
the cell passage at said barracks, the three doors leading to said passage being
locked and the keys thereof in the possession of the corporal of the guard, did
nevertheless, at about five hours and forty-five minutes antemeridian on the day
aforesaid, suffer a prisoner confined in said passage, , private,
United States Marine Corps, to escape by way of the door leading from said
passage to the arcade of the said barracks; and the said did thereby neglect
his duty as sentinel on said post.
Specification. — In that , a corporal in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , being,
on the twenty-ninth day of January, nineteen hundred and nine, on duty as
corporal of the prison guard at said barracks, and having, at or about seven hours
postmeridian on the said day, taken the prisoners under his charge, eleven in
number, more or less, from the cells on board the United States ship , where
they were confined, to the sinks on the dock for the purpose of policing said
prisoners, did, after said prisoners had entered the sinks aforesaid, leave them
under a guard consisting of two sentinels, and did go aboard said ship ,
moored to the dock abreast of said sinks, where he remained for the space of about
ten minutes, and upon his return from said vessel did neglect and fail to verify
the number of said prisoners before taking them again on board said ship aforesaid;
and the said did therein and thereby neglect his duty as corporal of the
prison guard, in consequence of which neglect one of the prisoners hereinbefore
mentioned, Private , United States Marine Corps, who was under
sentence of a general court-martial, and awaiting transfer to the naval prison,
Boston, did, between the hours of seven and seven-thirty postmeridian, on the day
aforesaid, escape from the custody of the guard and from the limits of the said
navy-yard.
Specification. — In that , a lieutenant in the United States Navy, attached
to the naval torpedo station at Newport, Rhode Island, as a member of the class
8483-10 8
114 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
of officers under instruction at said station, having, on or about the thirtieth day of
July, nineteen hundred and eight, been assigned to the duty of performing certain
practical exercises before a board of officers appointed by the Secretary of the
Navy to witness the examination of said class, did, then and there, wilfully neglect
to perform said duty.
CHABOE. — Negligence in obeying orders.
Specification. — In that , a first lieutenant in the United States Marine
Corps, attached to and serving at the marine barracks, navy-yard, , ,
having, on the ninth day of December, nineteen hundred and eight, been duly
discharged from attendance as a witness before a court of inquiry in session at the
navy-yard, , , with orders to proceed to his station, did neglect and
fail to report in obedience thereto until about four hours and thirty minutes post-
meridian on the fifteenth day of said month; and the said was thereby
negligent in obeying orders.
CHABOE. — Negligent and careless in obeying orders, and culpably inefficient in the
performance of duty.
Specification. — In that , a commander in the United States Navy, being
in command of the United States ship , having, on or about the fourth day
of December, nineteen hundred and eight, said vessel being then in the port of
Yokohama, Japan, received from the Bureau of Navigation, Navy Department, a
copy of Navy Department General Order number eighteen, dated October fif-
teenth, nineteen hundred and eight, which directs that the captain of every
cruising ship shall require the navigator to furnish as full and complete informa-
tion as possible concerning the proper navigation of ports visited and the ap-
proaches to said ports, and that such information be forwarded to the Hydro-
graphic Office, Bureau of Equipment, did, notwithstanding the fact that the said
ship remained at anchor in the said port of Yokohama, Japan, from the
fourth day of December, nineteen hundred and eight, until the twenty-sixth day
of February, nineteen hundred and nine, and that important changes were then
being made in said port, neglect and fail, during the entire time embraced be-
tween said dates, to take any steps to carry out the provisions of the order afore-
said, and the said Commander was thereby negligent and careless in obey-
ing orders, and culpably inefficient in the performance of his duty as commanding
officer of the said ship .
CHABGE. — Perjury.
Specification. — In that , a coal passer in the United States Navy, a
prisoner in the United States naval prison, at the navy-yard, , ,
having, on the twenty-fourth day of February, nineteen hundred and nine, been
duly sworn as a witness before a general court-martial, by the president thereof,
said court-martial being then convened on board the United States ship at
Panama, Republic of Panama, did, wilfully and contrary to said oath, testify as
follows (here quote verhatim the testimony containing false statements), which
testimony that (here quote verbatim the false statement) was false; whereas, in
truth and in fact (here allege affirmatively what was the truth); and the said false
testimony was known by the said to be false, was material to the issue then
and there being tried, and was given with intent to deceive the said general
court-martial.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 115
CHARGE. — Persistent delinquency in the rendition of accounts, in violation of sec-
tion twelve of an act of Congress entitled "An act making appropriations for the
legislative, executive, and judicial expenses of the Government for the fiscal year
ending June thirtieth, eighteen hundred and ninety-five, and for other purposes."
Specification. — In that , a passed assistant paymaster in the United
States Navy, attached to and serving as such on board the United States ship
, did fail to mail or otherwise send to the properofRcer at Washington, within
twenty days after the period to which they related, his quarterly accounts for
the second quarter of the fiscal year, nineteen hundred and eight, being the quarter
ending on the thirty-first day of December, nineteen hundred and seven; and
further, did fail to mail or otherwise send to the proper officer at Washington,
within twenty days after the period to which they related, his quarterly accounts
for the third quarter of the fiscal year nineteen hundred and eight, being the
quarter ending on the thirty-first day of March, nineteen hundred and eight; and
further, did fail to mail or otherwise send to the proper ofiicer at Washington,
within twenty days after the period to which they related, his quarterly accounts
for the fourth quarter of the fiscal year nineteen hundred and eight, being the
quarter ending on the thirtieth day of June, nineteen hundred and eight; and
further, did fail to mail or otherwise send to the proper officer at Washington,
within twenty days after the period to which they related, his quarterly accounts
for the first quarter of the fiscal year nineteen hundred and nine, being the
quarter ending on the thirtieth day of September, nineteen hundred and eight.
CHARGE. — Refusing to obey the lawful order of his superior officer.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving on board the United States ship , at the navy-yard,
, , having, on the twelfth day of February, nineteen hundred and
eight, been ordered by Lieutenant-Commander , United States
Navy, the executive officer of said ship, to clean bright work, did refuse to obey,
and did wilfully disobey, the said lawful order of his superior officer, the said
Lieutenant-Commander , who was then and there in the execution of his
office.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship , at anchor off
Tompkins ville, Staten Island, New York, having on the sixteenth day of June,
nineteen hundred and nine, been ordered by '■ , chief master at arms.
United States Navy, attached to said ship, to go on the berth deck of said ship and
perform extra duty in accordance with the sentence of a summary court-martial,
did refuse to obey and did wilfully disobey the said lawful order of his superior
officer, the said Chief Master at Arms , who was then and there in the
execution of his office.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at , , having
on the sixth day of June, nineteen hundred and eight, while on shore at said
place as a member of a landing party for the protection of the United States con-
sulate, been ordered by Midshipman , United States Navy, attached
to said ship, to cease being noisy and disorderly, did refuse to obey, and did
wilfully disobey, the said lawful order of his superior officer, the said Midshipman
, who was then and there in the execution of his office.
116 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
CHARGE. — Rendering false and fraudulent returns of balances to Ms credit, in viola-
tion of article fourteen of the Articles for the Government of the Navy.
Specification. — In that , a paymaster in the United States Navy, while
attached to and serving as such on board the United States ship , did render
to the Bureau of Supplies and Accounts, Navy Department, a monthly summary
statement for the month ending August thirty-first, nineteen hundred and eight,
in which he reported that, of the balance due to the United States by him as pay
officer of the said ship , there was on deposit in the subtreasury under
"General account of advances," on the thirty-first day of August, nineteen hun-
dred and eight, the sum of twenty-four thousand two hundred and six dollars;
whereas, on the said date there was on deposit to his credit, in the subtreasury at
New York, the sum of seven thousand seven hundred and three dollars and
thirty-three cents, with outstanding checks against said credit amounting to six
hundred and twenty-five dollars, and in the subtreasury at San Francisco the
sum of thirteen thousand five hundred and eighty-seven dollars and fifty-eight
cents, with outstanding checks against said credit amounting to one thousand seven
hundred and sixty-nine dollars and ninety cents; and, whereas, there remained
subject to check by the said in the subtreasury at New York the sum of
seven thousand and seventy-eight dollars and thirty-three cents, and in the sub-
treasury at San Francisco the sum of eleven thousand eight hundred and seven-
teen dollars and sixty-eight cents, making a total amount of only eighteen
thousand eight hundred and ninety-six dollars and one cent subject to his check
in the aforesaid sub treasuries, the said did, in and by said summary state-
ment, knowingly and wilfully render a false and fraudulent return of balances
to his credit in the sub treasuries at New York and San Francisco, as aforesaid.
CHARGE. — Resisting arrest.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, did, at about four hours and thirty minutes postmeridian on the twenty-
fourth day of August, nineteen hundred and eight, while being placed in confine-
ment by , master at arms, first class. United States Navy, forcibly
resist arrest.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on or about the twenty-fifth day of September, nineteen hundred and eight, at
said navy-yard, while being placed under arrest by Corporal ,
United States Marine Corps, on duty as corporal of the guard at said barracks,
forcibly resist arrest.
CHARGE .—Robbery .
Specification. — In that , a trumpeter in the United States Marine Corps,
attached to and serving at the marine barracks. Marine Officers' School, Port
Royal, South Carolina, did, on or about the third day of April, nineteen hundred
and nine, in Carteret Creek, near said school, with force and arms, feloniously
make an assault upon , a constable of Beaufort County, in said
State, then and there in the execution of his office, and did feloniously rob, steal,
take, and carry away from him, the said Constable , two barrels of beer,
value unknown, lawfully seized and held by him, the said Constable ,
under the laws of the State and county aforesaid.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 117
CHARGE. — Robbery, in violation of clause sixteen of article eight of Articles for the
Government of the Navy.
Specification. — In that , a seaman in the United States Navy, now attached
to and serving on board the United States ship , at the navy-yard, '-,
— , did, on or about the twenty-second day of February, nineteen hundred
and eight, while on liberty from the United States ship , at San Francisco,
California, by violence, feloniously take, steal, and carry away from the person of
, blacksmith, United States Navy, attached to said ship ,
the sum ol fifteen dollars, lawful money of the United States.
CHARGE. — Scandalous conduct tending to the destruction of good morals.
Specification. — In that , a lieutenant in the United States Navy, while
attached to and serving on board the United States ship , at Havre, France,
did, on or about the thirteenth day of September, nineteen hundred and eight,
by reason of the excessive use of intoxicants, become incapacitated for the proper
performance of duty.
Specification. — In that , a gunner in the United States Navy, attached
to and serving at the navy-yard, , , did, on or about the third day of
January, nineteen hundred and nine, procure as a loan from , then
an employee of the ordnance department of said navy-yard, and a subordinate of
the said , a sum of money, to wit, one hundred dollars.
Specification. — In that , a boatswain's mate, second class, and
, an ordinary seaman, in the United States Navy, attached to and serving
on board the United States ship , in the harbor of , , were, on
or about the thirteenth day of May, nineteen hundred and nine, in the construc-
tion storeroom of said ship, found lying together, each with his person indecently
exposed and in contact with that of the other.
Specification.— In that , a gunner in the United States Navy, attached
to and serving at the navy-yard, , , having, between the twenty-
sixth day of March and the third day of April, nineteen hundred and nine, become
indebted to , confectioner, of Berkley, Virginia, in the sum of five
dollars and sixty-three cents, for goods furnished, under promise that he would
in a few days make payment therefor, did neglect and fail, and has ever since
neglected and failed, to pay to said , the sum of five dollars and sixty-
three cents, or any portion thereof.
Specification. — In that , a gunner in the United States Navy, attached
to and serving at the navy-yard, , , did, on or about the first day of
March, nineteen hundred and nine, induce , of Norfolk, Virginia,
to cash a check drawn by him, the said , upon the Bank of Berkley, in the
sum of ten dollars; and he, the said , well knowing that he did not have
at the time of drawing said check suflBcient funds in said bank to provide for its
payment, did thereafter wholly neglect and fail to provide therefor, and did
allow said check, upon presentation at said bank, to be dishonored because of the
fact that he, the said , had at that time no funds on deposit.
Specification. — In that , a yeoman, second class, in the United States
Navy, attached to and serving on board the United States ship , at the
navy-yard, , , having, on or about the eighteenth day of May, nine-
teen hundred and nine, procured from , a fireman, first class, in
the United States Navy, attached to said vessel, the sum of one hundred dollars,
as set forth in the first specification of this charge, and having, on or about the
twenty-ninth day of said month, been reproached by the said for
not procuring his transfer to the United States ship , did refund the sum
118 PKOCEEDINGS OF A GENERAL COURT-MABTIAL.
of ten dollars only, and did then and there withhold, and has ever since withheld
from said , the remainder of said money, to wit, the sum of ninety
dollars or thereabouts.
Specification. — In that , a gunner in the United States Navy, attached
to and serving at the navy-yard, , , having, on or about the tenth
day of March, nineteen hundred and nine, become justly indebted to
, of the city of Philadelphia, Pennsylvania, in the sum of two hundred
dollars, and having paid to the said , on or about the fourth day of May,
nineteen hundred and nine, the sum of twenty-five dollars, and being thereafter,
to wit, since about the eleventh day of July, nineteen hundred and nine, justly
indebted to the said in the sum of one hundred and fifty dollars, did, not-
withstanding repeated attempts on the part of the said to collect such
indebtedness, neglect and fail, and has ever since neglected and failed, to pay to
the said the said sum of one hundred and fifty dollars, or any part thereof.
Specification. — In that , a gunner in the United States Navy, attached
to and serving at the navy-yard, , , having between the third day
of December, nineteen hundred and eight, and the first day of March, nineteen
hundred and nine, become indebted to , of Norfolk, Virginia, in
the sum of twenty-seven dollars and twenty-five cents, and having paid to said
company on the twenty-fifth day of January, nineteen hundred and nine, the
sum of five dollars, and on the twenty-seventh of said month the sum of four
dollars, and being thereafter, to wit, since about the twenty-seventh day of
January, nineteen hundred and nine, indebted to in the sum of
eighteen dollars and twenty-five cents, did, although often requested so to do,
neglect and fail, and has ever since neglected and failed, to pay to said company
the said sum of eighteen dollars and twenty-five cents, or any portion thereof.
Specification. — In that , a gunner in the United States Navy, attached
to and serving at the navy-yard, , , being, on or about the fifth day
of February, nineteen hundred and nine, indebted to the First National Bank,
of Key West, Florida, for or on account of cash theretofore advanced and loaned
to him by said bank, did, on or about said day, for the ostensible purpose of satis-
fying such indebtedness, transmit to the said bank pay receipts, dated April
fifth, nineteen hundred and nine, and duly signed by him, the said ,
acknowledging the receipt from Pay Director , United States Navy,
of the sum of one hundred dollars; and the said did, nevertheless, draw
from Pay Director , before the presentation of said pay receipts, all pay
due him up to the date of said receipts, he, the said , well knowing that by
thus drawing his pay he prevented the First National Bank of Key West from
receiving the sum of one hundred dollars for which such receipts were given as
aforesaid.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on or about the thirteenth day of January, nineteen hundred and nine, at the
subtreasury of the United States, New York, with intent then and there to de-
fraud the United States, present for payment and cause to be paid him the amount
of a check drawn upon the Assistant Treasurer of the United States, at Philadel-
phia, Pennsylvania, by Paymaster , United States Navy, attached
to and serving on board the United States ship , at the navy-yard aforesaid,
payable to the order of , said check being in tenor as follows:
* * *; which said check was falsely indorsed as follows: * * *; the said
well knowing that the said indorsements of and
upon said check were forged thereon.
PBOCEEDINGS OF A GENERAL COURT-MARTIAL. 119
Specification. — In that , a lieutenant in the United States Navy, attached
to and serving on board the United States ship , having, on or about the
twenty-fourth day of August, nineteen hundred and eight, in the cabin of said
ship, promised Commander , United States Navy, the commanding
officer of said ship, that he, the said , would in future abstain from the use of
any intoxicants, either on shore or on board ship, while attached to the , or
while that ship was under the command of , did, nevertheless, on or about
the thirteenth day of September, nineteen hundred and eight, on board the ,
and the said being still attached to and serving on board said ship, become
intoxicated, in violation of his promise as hereinbefore set forth.
Specification. — In that , a chaplain in the United States Navy, did, on
or about the eighth day of August, eighteen hundred and ninety-eight, in the
course of a lecture delivered by him in Trinity Methodist Episcopal Church,
, , before an audience of about four hundred persons, refer to the
naval battle of July third, eighteen hundred and ninety-eight, near Santiago,
Cuba, between certain vessels of the United States naval force, under the com-
mand of his superior officer, Rear-Admiral , and a Spanish fleet
commanded by Rear-Admiral , in language substantially as follows:
* * *, or language of like import.
Specification. — In that , a first lieutenant in the United States Marine
Corps, attached to and serving at the marine barracks, navy-yard, ,
a married man, did, on or about the sixteenth day of January, nineteen hundred
and eight, write and cause to be delivered to , a young girl residing
in the city of , and a student in the high school of that city, a letter in the
words and figures following, to wit: * * *, which said letter was written and
sent as aforesaid, for the purpose of enticing the said to elope with
him, the said .
Specification. — In that , a yeoman second class in the United States
Navy, attached to and serving on board the United States ship , at the
navy-yard, , , did, on or about the eighteenth day of April, nine-
teen hundred and nine, represent to , a fireman first class in the
United States Navy, attached to said ship, that the sum of one hunderd dollars
was necessary to be paid to him, the said , for the purpose of influencing
certain parties to procure said -'s transfer to the United States ship ,
under the provisions of article — , United States Navy Regulations of nineteen
hundred and nine, and did, by said representation, procure from said the
said sum of one hundred dollars for said purpose.
Specification. — In that , a gunner in the United States Navy, attached
to and serving at the navy-yard, , , having, on or about the third
day of January, nineteen hundred and nine, procured as a loan from
the sum of one hundred dollars under promise that he would repay said
sum in two equal installments of fifty dollars, fifteen and thirty days, respectively,
after date on which the loan was made, and having at various times between
said third day of January and the first day of March, nineteen hundred and nine,
' paid to the said sums of money aggregating seventy-five dollars, and
being thereafter, to wit, since said first day of March, nineteen hundred and
nine, indebted to the said in the sum of twenty-five dollars, did, in viola-
tion of the agreement and promise upon which said loan was obtained, neglect
and fail, and has ever since neglected and failed, to pay to the said the
said sum of twenty-five dollars, or any portion thereof.
Specification. — In that , a carpenter in the United States Navy, now
attached to and serving at the naval station, , , having, during the
month of May, nineteen hundred and nine, or thereabouts, induced ,
120 PKOCEEDINGS OF A GENERAL COUET-MARTIAL.
of the city of Portsmouth, Virginia, to con\ey a house and lot owned by the said
in said city of Portsmouth, by deed of trust to the Twin City Building
Association, of Norfolk, Virginia, to secure a loan made by said association to
him, the said , under promise that he, the said -, would return such
loan in monthly installments and that the property of the said would not
be jeopardized, and the said having, up to the month of August, nineteen
hundred and nine, made payments to said building association on account of the
return of said loan, has, since said month of August, nineteen hundred and nine,
wholly neglected and failed to make such payments, in consequence of which
neglect and failure on the part of the said the house and lot of the said
have become subject to seizure by said building association for satisfaction
of its claim.
Specification. — In that , a paymaster in the United States Navy, having,
on or about the eighth day of March, nineteen hundred and nine, in the city of
San Francisco, California, received from Rear-Admiral , United
States Navy, then commandant of the navy-yard, Mare Island, California, an
order directing him to report in person to the said Rear-Admiral , was, on
or about the ninth day of March, in the year aforesaid, upon his arrival at said
navy-yard, so much under the influence of intoxicating liquor as to be unfit to
report his arrival to the said commandant.
Specification. — In that , a passed assistant paymaster in the United States
Navy, then attached to and serving on board the United States ship , at
the navy-yard, , , having, on or about the ninth day of November,
nineteen hundred and eight, received from Mrs. , of Vallejo, Cali-
fornia, the mother of , then a paymaster's clerk in the United States
Navy, attached to and serving on board the said ship , the sum of two
thousand five hundred dollars, lawful money of the United States, as a deposit in
guaranty of the faithful performance of duty by the said , such sum to be
retiuned upon the termination of the services of the said , and the said
having, on or about the thirty-first day of July, nineteen hundred and
nine, resigned his appointment as such paymaster's clerk, and having thus sev-
ered his connection with the naval service, the said did then fail, and
has ever since wholly failed, to return to the said , or to her estate,
the said sum of two thousand five hundred dollars, or any part thereof.
Specification. — In that , a passed assistant surgeon in the United States
Navy, member and recorder of a board of medical examiners, in session at the
naval hospital, , , having, on or about the thirteenth day of October,
nineteen hundred and eight, refused, on account of alleged informalities, to
record the proceedings had by said board in the cases of Ensigns
and , United States Navy, did, on said date, state to Captain
, United States Navy, the commandant of the navy-yard, , ,
that he, , had referred the matter of his action in refusing to record the
proceedings of the board as aforesaid to the Secretary of the Navy, who had sus-
tained his action in so refusing, which said statement was wholly false, as he,
the said , well knew, and did then and there exhibit to the said comman-
dant a telegram which he, the said , falsely alleged to be a reply from the
said Secretary of the Navy to his inquiry in reference to his action in refusing to
record the proceedings of the board as aforesaid, the said intending thereby
to deceive the said commandant.
Specification.— In that , a first lieutenant in the United States Marine
Corps, attached to and serving at the marine barracks, navy-yard, , ,
did, at about four o'clock on the morning of the twentieth day of January, nine-
teen hundred and nine, engage in a brawl in a saloon on street in the said
PEOCEEDINGS OF A GENERAL COURT-MARTIAL. 121
city of r, and was thereupon publicly arrested by and
, police officers of said city, and confined in the police station.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship — ^ , and being, on
or about the eighteenth day of January, nineteen hundred and nine, temporarily
one of the crew of a boat belonging to that vessel, in charge of Boatswain
, which boat was engaged in picking up the dead bodies of persons who
lost their lives by the wreck of the steamer City of Columbus, near Gay Head,
Massachusetts, and while the crew of said boat was occupied in picking up three
of the dead bodies aforesaid which were found floating in the waters of Vineyard
Sound, or while said bodies remained in said boat and prior to their delivery on
shore, did feloniously abstract and take from one of said bodies a watch and
chain, and did also feloniously abstract and take from the same or another of the
said bodies certain bank bills or notes, being lawful currency of the United States
and representing a certain money value according to the denominations thereof,
and did, with felonious intent, secrete such watch, chain, and bank bills or
notes upon or about his person, and did thereafter wrongfully and knowingly
appropriate the same to his own use and benefit.
Specification. — In that , an ensign in the United States Navy, now
attached to and serving on board the United States ship , at the naval
station , , having become justly indebted to , proprietor
of the Sturtevant House, New York City, in the amount of ninety dollars, did,
while attached to the United States Fish Commission steamer , on or about
the first day of November, nineteen hundred and eight, in consideration of such
indebtedness, make and cause to be delivered to the said a promis-
sory note, in the words and figures following, to wit: * * *^ and the said
promissory note having, on the fourteenth day of December, nineteen hundred
and eight, the date of its maturity, been duly presented for payment at the banking
house of and Company, Washington, District of Columbia, by ,
and payment thereon demanded, was protested by said , a notary
public for the District of Columbia, on the ground that the said had no
account with the said banking house; and the said , well knowing that
he did not have at the time of makiig said note, or intend to have, an account at the
said banking house to meet said note at matiu'ity, did, knowingly and
willfully, by false and fraudulent pretense, cause the said worthless promissory
note to be accepted by the said in settlement of the indebtedness herein-
before mentioned.
Specification. — In that , an ensign in the United States Navy, now
attached to and serving on board the United States ship , at the naval
station , , having become justly indebted to , proprietor
of the Sturtevant House, New York City, in the amount of ninety dollars, did,
while attached to the United States Fish Commission steamer , on or about
the first day of November, nineteen hundred and eight, in consideration of such
indebtedness, make and cause to be delivered to the said , a promis-
'sory note, in the words and figures following, to wit: * * *, and well knowing
that it was his duty to have protected said promissory note by the deposit of a
sufficient sum of money or otherwise at the banking house of and Company,
Washington, District of Columbia, at maturity thereof, did fail so to do, and the
said promissory note having, on the fourteenth day of December, nineteen hundred
and eight, the date of its maturity, been duly presented for payment at the said
banking house by , and payment thereon demanded, was protested
by the said , a notary public for the District of Columbia, on the
ground that the said had no account with the said banking house.
122 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
Specification. — In that , an ensign in the United States Navy, now
attached to and serving on board the United States ship , at the naval
station, , , having, on or about the thirtieth day of June, nineteen
hundred and eight, while attached to -the United States Fish Commission steamer
, been detailed under the direction of the Commissioner of Fish and Fish-
eries to conduct a survey of the St. Croix River, in the vicinity of Calais, Maine,
and having received from , disbursing agent of the United States
Commission of Fish and Fisheries, for the purpose of defraying the actual ex-
penses of conducting such survey, sums of money as follows, viz, on or about
the thirtieth day of June, nineteen hundred and eight, the sum of one hundred
dollars; on the twenty-third day of July, two hundred and fifty dollars; and on
the tenth day of August, two hundred and fifty dollars; and having submitted
to said disbursing agent vouchers covering expenditures as follows, to wit: On or
about the twentieth day of July, nineteen hundred and eight, vouchers in the
amount of one hundred and seventy-six dollars and sixty-nine cents, and on or
about the tenth day of August, vouchers in the amount of two hundred and three
dollars and eighteen cents; and having, on or about the fourteenth day of August
in said year, completed the special duty to which he had been assigned as afore-
said, and well knowing that it was his duty to submit without unnecessary delay
to said disbursing agent a settlement of his accounts, did fail so to do; and
, Acting Commissioner of Fish and Fisheries, having, on the tenth day of
September, nineteen hundred and eight, addressed to Lieutenant ,
United States Navy, the commanding officer of the , a telegram in the
words and figures following, to wit, * * *, he, the said ensign , did,
in reply thereto, on the eleventh day of September, nineteen hundred and eight,
address to , the disbursing agent of the United States Commission
of Fish and Fisheries, a communication in words and figures as follows, to wit,
* * *, and notwithstanding the statement contained in said letter that he
forwarded under separate cover money orders for the balance in his hands due
the said commission, he, the said , did fail to forwaid such money orders
and, furthermore, did fail to procure any such money orders for the purpose repre-
sented until October first, nineteen hundred and eight, and did therein and
thereby make a false and fraudulent official statement to the said ,
disbursing agent of the United States Commission of Fish and Fisheries.
Specification. — In that , a first lieutenant in the United States Marine
Corps, attached to and serving at the marine barracks, navy-yard, , ,
having been duly designated to perform the duties of the treasurer of the company
fund, so-called, and, as such, being the custodian of certain moneys belonging
to the enlisted men at said barracks, and charged with the duty of disbursing
such moneys for their benefit, from time to time, as occasion might require, and
it being, as he well knew, a part of his duty as treasurer of the company fund
aforesaid, to report to his commanding officer from time to time the condition of
said fund, and, in making such report, to state, correctly and truly, the total
amounts of all disbursements from and out of said fund by him as custodian
thereof during the period which had elapsed since the date of hia last preceding
report, did, under date of February eighteenth, nineteen hundred and nme,
make and submit to Major , United States Marine Corps, his com-
manding officer, a report of the condition of the said company fund at the date
of such report, in which he, the said Lieutenant , stated the total disburse-
ments out of said fund from October fifteenth to December thirty-first, nineteen
hundred and eight, and from January twenty-fifth to February fifteenth, nine-
teen hundred and nine, as amounting to the sum of one hundred and thirty-seven
dollars and eighteen cents, and did, in and by such report, pretend and claim,
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 123
in effect, that he was, on the eighteenth day of February, nineteen hundred and
nine, entitled to a credit, as treasurer of said fund, for disbursements to the amount
of one hundred and thirty-seven dollars and eighteen cents, and that the balance
of cash in his hands, as such treasurer, was eighty-three dollars and twenty-three
cents, and did, in and by such report, further pretend and claim, in effect, that
he had, on the sixteenth day of November, nineteen hundred and eight, paid
to , of the city of Philadelphia, in the State of Pennsylvania, from
and out of said company fund, the sum of seven dollars and fifty cents for an
implement known as a "feed cutter," purchased for the use of the enlisted men
at said barracks, whereas, in fact, he, the said Lieutenant , had not, on the
said sixteenth day of November, nineteen hundred and eight, or at any time prior
to February eighteenth, nineteen hundred and nine, the date of said report,
paid to the said , from and out of said company fund and for or on
account of the purchase of a "feed cutter," the aforesaid sum of seven dollars
and fifty cents, or any part thereof, and was not, in fact, entitled to a credit of
more than one hundred and twenty-nine dollars and sixty-eight cents for dis-
bursements made by him as treasurer of said fund prior to the date of said report,
and was, in fact, properly chargeable with a balance of cash in his hands, as
such treasurer, amounting to ninety dollars and seventy-three cents, instead
of eighty-three dollars and twenty-three cents, the amount which, in and by
said report, he reported as remaining in his hands on the said eighteenth day
of F'ebruary, nineteen hundred and nine.
CHARGE. — Selling property of the United States intended for the naval service thereof.
Specification. — In that , a landsman in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, did, on or about the twenty-fourth day of August, nineteen hundred
and eight, while serving in the rate of yeoman third class on board said ship,
unlawfully sell about fifteen yards of cap cloth, of the value of about thirty dol-
lars, and about one hundred neckerchiefs, of the value of about one hundred
dollars, property of the United States, intended for the naval service thereof.
CHARGE.— Sleeping on post.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , ,
having, on the seventh day of August, nineteen hundred and eight, been regu-
larly posted as a sentinel on post number five at said navy-yard, did sleep while
on said post.
CHARGE.— Sleeping on watch.
Specification. — In that , an ensign in the United States Navy, attached
to and serving on board the United States ship , then at anchor off Shang-
hai, China, did, while he was officer of the deck of the said ship, from midnight
of June the eleventh to four o'clock on the morning of June the twelfth, nineteen
hundred and nine, sleep on duty during a part of said watch.
CHARGE.— Sodomy.
Specification. — In that , a boatswain's mate second class, and
, an ordinary seaman, in the United States Navy, attached to and serving
on board the United States ship , at the naval station, , , did,
on or about the thirteenth day of November, nineteen hundred and eight, in the
fore hold of said ship, together and with each other, commit sodomy.
124 PKOCEEDINGS OF A GENERAL COURT-MAETIAL.
CHABGE. — Stealing and opening a valuable letter, in violation of section five thousand
four hundred and sixty-nine of the Revised Statutes of the United States.
Specification. — In that , a landsman in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, did, on or about the twentieth day of August, nineteen hundred and
eight, feloniously take, steal, and carry away from the authorized receptacle for
the mail to be posted, in the office of the paymaster of the said ship , at the
navy-yard aforesaid, and with felonious intent did open and take from a letter
addressed to the commanding officer of the United States ship , New Haven,
Connecticut, checks drawn upon the assistant treasurer of the United States at
New York, by Pay Inspector , United States Navy, said checks
being pecuniary obligations of the United States Government for pay due the
persons named therein, as follows: Check number three hundred and ninety
thousand one hundred and fifty-nine, in favor of — , United States Navy,
for twelve dollars (here follows several other checks similarly described); all of
said checks dated the twentieth day of August, nineteen hundred and eight.
CHABGE. — Striking another person in the navy.
Specification. — In that , a commander in the United States Navy, on or
about the tenth day of July, nineteen hundred and nine, being then in command
of the United States ship , in the harbor of , , did, with a
sword, unlawfully and wilfully, strike and cut , then a fireman
second class in the United States Navy, and attached to and serving on board
said ship, thereby inflicting on said 's head a wound of about one inch and
a half in length; said being, at the time he was struck, cut, and wounded,
as aforesaid, by said , in a kneeling position on the deck of said ship, and
in double irons, with his hands ironed behind his back.
CHABGE.— Theft.
Specification. — In that , a ship s cook first class in the United States Navy,
attached to and serving on board the United States ship , at the navy-
yard, , , did, on or about the twenty-first day of May, nineteen
hundred and nine, feloniously take, steal, and carry away from a drawer in the
galley of said ship, a gold watch of about sixty dollars in value, the property of
, ship's cook fourth class. United States Navy, attached to said ship,
and did then and there appropriate the same to his own use.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on the fifteenth day of August, nineteen hundred and eight, feloniously take,
steal, and carry away from the locker of , private. United States
Marine Corps, money to the amount of one dollar and eighty-nine cents, the prop-
erty of the said , attached to said barracks, and did then and there appro-
priate the same to his own use.
Specification. — In that and , privates in the United States
Marine Corps, attached to and serving at the marine barracks, navy-yard, ,
, did, each and together, at or about ten hours postmeridian on the twenty-
sixth day of January, nineteen hundred and nine, feloniously take, steal, and
carry away from the copper pile in the vicinity of the foundry at said navy-yard,
a pig of lead weighing one hundred and ninety-three pounds, more or less, of the
value of about nine dollars and sixteen cents, the property of the United States,
and did then and there appropriate the same to their own use.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, — , , did,
between the hours of five postmeridian on the twenty-fourth day of October,
PKOCEEDINGS OF A GENERAL COURT-MARTIAL. 125
nineteen hundred and eight, and seven antemeridian on the twenty-fifth day of
the month and year aforesaid, feloniously take, steal, and carry away from the
pay ofiice at the said navy-yard, a revolver of about four dollars and fifty cents
in value, the property of , paymaster's clerk. United States Navy,
attached to said yard, and a pair of shears of about seventy-five cents in value,
the property of the United States, and did then and there appropriate said revolver
and said shears to his own use.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on or about the eleventh day of September, nineteen hundred and eight, in the
city of , feloniously take, steal, and carry away a check for the amount of
two hundred and thirty-eight dollars, drawn upon the assistant treasurer of the
United States, at Philadelphia, Pennsylvania, by Paymaster ,
United States Navy, attached to and serving on board the United States ship
, at the navy-yard, , , payable to the order of , the
said check being the property of the said , and at the time aforesaid
in the possession of a mail orderly of the said ship , one ; and
the said did then and there appropriate the said check to his own use.
CHARGE.— Through inattention and negligence suffering a vessel of the Navy to be
hazarded.
Specification. — In that , a commander in the United States Navy, being
in command of the United States ship , the said ship being, on the twenty-
sixth day of February, nineteen hundred and nine, underway in the inner har-
bor of Yokohama, Japan, standing out toward the breakwater in course of con-
struction at the entrance of said inner harbor, was inattentive and negligent in
the performance of his duty as commanding officer of said ship, in that he did then
and there fail personally to superintend the conning of said vessel, and did dele"
gate the performance of said duty to Lieutenant , United States
Navy, the navigating officer of said ship, by reason of which aforesaid inattention
and negligence on the part of the said Commander , the said ship was
stranded on the outer edge of the eastern breakwater, near the entrance of said
inner harbor, and was thereby hazarded.
CHARGE. — Through negligence, suffering a vessel of the Navy to be run upon a rock
and hazarded.
Specification. — In that , a commander in the United States Navy, being
in^command of the United States ship , cruising on special service in the
Ocean, off the coast of , on the fifth day of June, nineteen hundred
and nine, notwithstanding the fact that at about midnight of the fourth day of
June, nineteen hundred and nine, the northeast point of Island bore
abeam, and was about six miles distant, the said ship being then under way, and
making a speed of about ten knots per hour, and well knowing the position of the
said ship at the time stated, and that the charts of that locality were unreliable
and the currents thereabouts uncertain, did, nevertheless, neglect and fail to
exercise proper care and attention in navigating said ship while approaching
Island, in that he neglected and failed to lay a course that would carry said
ship clear of the last aforesaid island, or to change the course in due time to avoid
disaster, in consequence of which neglect and failure on the part of the said Com-
mander — , the said ship was run upon a rock of the southwest coast
of Island, at about four hours and forty-five minutes antemeridian on the
day first above mentioned, and was hazarded.
126 PKOCEEDINGS OF A GENEKAL COURT-MARTIAL.
CHARGE.— Through negligence, suffering a vessel of the Navy to be run upon a reef
and stranded.
Specification. — In that , a commander in the United States Navy, being
in command of the United States ship , making passage from to
, on the second day of February, nineteen hundred and nine, did, when
about fifty-five miles to the northward and eastward of Bank, in the
Sea, shape, and did subsequently maintain, a course of west-southwest three-
quarters west, which said course lay close to a dangerous reef and cay, surrounded
by strong currents well known to exist, and did neglect and fail to exercise proper
care and attention in navigating said ship while approaching said reef and cay,
in that he neglected and failed to lay a course which would surely carry a vessel
clear of said reef and cay, or to change course in due season to avert disaster, in
consequence of which neglect and failure on the part of the said Commander
, the said ship was, at about six hours and fifty minutes postmeridian,
on the day aforesaid, run upon the north end of Bank, in the Sea,
in about latitude thirteen degrees thirty-four minutes north and longitude eighty
degrees five minutes west, and was stranded.
CHARGE.— Through negligence, suffering a vessel of the Navy to be stranded.
Specification. — In that , a lieutenant in the United States Navy, attached
to and serving as executive oflficer of the United States ship , and being,
on the second day of August, nineteen hundred and eight, temporarily in com-
mand of said ship, making passage from to , the weather being foggy
and the currents thereabouts uncertain, did, nevertheless, neglect and fail to
exercise proper care and attention in navigating said vessel while approaching
Island, in that he neglected and failed to make allowance for current
setting in the direction of the ship's course toward said island, the said well
knowing that the tide during the latter part of the passage was running flood, and
that said flood tide in that vicinity set to the north with a velocity at times
approaching two knots per hour, in consequence of which neglect and failure
on the part of the said Lieutenant , the said ship was, at about five
hours and twenty-five minutes postmeridian on the day aforesaid, stranded in
Bay, Island.
Specification. — In that , a commander in the United States Navy,
being in command of the United States ship , on the eighteenth day of
June, nineteen hundred and nine, said ship being then under way in Chesapeake
Bay, near Cape Henry, Virginia, and notwithstanding the fact that said ship
was, at or about two hours postmeridian, on the day aforesaid, passing near and
in sight of a buoy in said bay, known as Buoy, that the weather was then
thick and foggy, that the said ship was making a speed of at least seven knots
per hour, and well knowing that, on the course the ship was then being steered,
Cape Henry, which was then hidden by the fog, was right ahead and but about
three and one-half nautical miles distant, the said Commander did, never-
theless, neglect and fail to reduce the speed of the vessel, to establish a proper
lookout, to keep himself duly informed of the soundings, or to change the course
of the vessel in due time, in consequence of which negligence on the part of
the said Commander , as her commanding officer, said vessel was stranded
on said cape, at about two hours and thirty minutes postmeridian, on the day
aforesaid.
CHARGE. — Treating his superior officer with contempt.
Specification. — In that , an ensign in the United States Navy, attached
to and serving on board the United States ship , then lying in the harbor
of , , did, on or about the night of the seventeenth day of July,
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 127
nineteen hundred and eight, assume control of the dinghy of the said ship
notwithstanding the remonstrance of Lieutenant , United States
Navy, his superior officer serving on board said ship, each of the officers above
named being a passenger in said boat.
CHARGE. — Treating his superior officer with contempt while in the execution of his
office.
Specification. — In that , a passed assistant paymaster in the United
States Navy, attached to and serving on board the United States ship ,
having, on the fourth day of June, nineteen hundred and nine, been addressed
by the Acting Secretary of the Navy, in an official letter which contained,
among other things, a statement of the following tenor: * * * and having,
on the eighth day of July, nineteen hundred and nine, acknowledged the receipt
of the said letter, the said did treat with contempt the injunctions con-
tained in the said official letter of his superior officer, the Acting Secretary of the
Navy, and did persist in the delinquencies regarding which he had been admon-
ished, by failing to render, within the period prescribed by law, his accounts
for the fourth quarter of the fiscal year nineteen hundred and nine, and for the
first and second quarters of the fiscal year nineteen hundred and ten.
CHARGE. — Treating with contempt his superior officer and being disrespectful to
him in language and deportment while in the execution of his office.
Specification. — In that , an ensign in the United States Navy, attached
to and serving on board the United States ship , at anchor in the harbor
of , , did, between the hours of eight and nine postmeridian of the
first day of April, nineteen hundred and nine, in the wardroom of said ship,
when ordered to go to his room by his superior officer, Lieutenant ,
United States Navy, the executive officer of said ship, say to the said Lieu-
tenant , "I want to stand my watch; I am all right; you are not treating
me fairly; if you report me I'll be G — d d d if I don't fix you, and you had
better be careful as to what you report me for," or words of similar purport and
meaning as the aforesaid.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at Fortress Monroe, Vir-
ginia, did, on or about the fifth day of April, nineteen hundred and nine, when
brought to the mast by order of the officer of the deck, Lieutenant ,
Uiiited States Navy, to explain his absence from anchor watch, say to him, the
said Lieutenant , ''You can take my excuses or not, just as you please;
I will get even with you. You can court-martial me if you want to, and I'll fix
you," or words to that effect.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship , then in dry
dock at Shanghai, China, did, on or about October eighteenth, nineteen hun-
dred and eight, use abusive language toward , master-at-arms first
class, United States Navy, attached to said ship, who was then and there in the
execution of his office.
CHARGE.— Threatening to assault his superior officer while in the execution of the
duties of his office.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at Fortress Monroe, Vir-
ginia, did, on or about the fifth day of April, nineteen hundred and nine, when
brought to the mast by order of the officer of the deck, Lieutenant ,
United States Navy, to explain his absence from anchor watch, say to him, the
128 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
said Lieutenant , "I will get even with you; you can court-martial me if
you want to, and I'll fix you," or words to that effect. And further did, at the
same time and place, take off his coat, turn up his sleeves, and assume a threaten-
ing attitude toward his superior officer, the said Lieutenant , who was
then and there in the execution of the duties of his office.
CHARGE — Using abusive, obscene, and profane language toward another person in
the service.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, —. , did,
■ on the twenty-seventh day of September, nineteen hundred and eight, while
confined in the guardroom at said barracks, use abusive, obscene, and profane
language toward Corporal , United States Marine Corps, attached
to said barracks.
CHARGE. — Using abusive, obscene, and threatening language toward his superior
ojficer.
Specification. — In that , a private in the United States Marine Corps, a
patient in the naval hospital, , , did, at or about five hours post-
meridian on the eighth day of May, nineteen hundred and nine, while being
removed, by order of Passed Assistant Surgeon , United States
Navy, from one of the wards to another room in said hospital, use abusive,
obscene, and threatening language toward his superior officer, the said Passed
Assistant Surgeon .
CHARGE. — Using abusive and profane language toward his superior officer while in
the execution of his office.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , in the harbor of ,
, while under sentry's charge on board said ship, during the afternoon of
the nineteenth day of December, in the year nineteen hundred and eight, upon
hearing Lieutenant , United States Navy, ask the sentry over
prisoners who had broken the light on the brig, did say that he, , had
broken it, and that he would like to break his, 's, G— d d d head, or words
to that effect; said Lieutenant being his superior officer and at said time
in the execution of his office.
CHARGE. — Using abusive, profane, and threatening language toward his superior
officer.
Specification.— In that , a fireman second class in the United States
Navy, attached to and serving on board the United States ship , at the
navy-yard, , , did, on the twenty-fifth day of February, nineteen
hundred and nine, while receiving treatment in the sick bay of said vessel, use
abusive, profane, and threatening language toward Assistant Surgeon
, United States Navy, his superior officer.
CHARGE.— Using abusive and threatening language toward another person in the
service.
Specification. — In that — , a lieutenant in the United States Navy,
attached to and serving on board the United States ship , at New Lon-
don, Connecticut, did, between the hours of seven and eight postmeridian, on
the sixth day of April, nineteen hundred and nine, use abusive and threatening
language toward , mess attendant third class, United States Navy,
serving on board said ship.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 129
CHARGE. — Using abusive and threatening language toward Ms superior officer.
Specification. — In that , a seaman in the United States Navy, did, at
about five hours and forty-five minutes postmeridian on the sixteenth day of
February, nineteen hundred and nine, while a boatswain's mate in the United
States Navy and a patient in the United States naval hospital at , — ,
use abusive and threatening language toward Assistant Surgeon ,
United States Navy, his superior officer.
CHARGE. — Using obscene and threatening language toward another person in the
service.
Specification. — In that -■ , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , ■■ — , did,
at about nine hours and thirty minutes postmeridian on the twenty-first day of
December, nineteen hundred and nine, use obscene and threatening language
toward Sergeant , United States Marine Corps, the sergeant of the
guard at said barracks.
CHARGE. — Using threatening language toward another person in the navy.
Specification. — In that , a seaman in the United States Navy, attached to
and serving on board the United States ship , at Port Angeles, Washington,
did, on the seventeenth day of September, nineteen hundred and eight, while a
general court-martial prisoner under sentry's charge on board said ship, use
threatening language in speaking to and about Chief Boatswain's Mate
, United States Navy, also attached to and serving on board the said ship,
saying, ''I can lick you now; if you report me I'll lick you sooner or later," and
"If he reports me I'll get square with him; I'll kill him," or words to that effect.
CHARGE. — ^Violation of a lawful general order issued by the Secretary of the Navy.
Specification. — In that ^, a commander in the United States Navy, being
in command of the United States ship , at the navy-yard, , ,
having received a lawful general order, issued on the tenth day of February*
nineteen hundred and nine, by the Secretary of the Navy, announcing to the
navy and the country the death, at Washington, District of Columbia, on the
morning of that day, of , and having caused said order to be publicly
read to the officers and crew of said ship on the fourteenth day of the month afore-
said, the said Commander — , well knowing that said order required all offi-
cers of the navy and Marine Corps to wear the badge of mourning for a period of
thirty days from and after the date of its receipt, did wilfully, and in violation of
said general order, neglect and fail to wear the badge of mourning during a period
of thirty days immediately following the date of the publication by him of said
order as aforesaid.
CHARGE. — Violation of a lawful regulation Issued by the Secretary of the Navy.
Specification. — In that , a captain in the United States Navy, being in
command of the United States ship , at , having, on the twenty-
second day of April, nineteen hundred and eight, had referred to him by the
Bureau of Navigation, Navy Department, a copy of a letter which had been
received by said bureau from Captain , United States Navy, com-
mandant of the naval station, , , as follows: * ^^ * ; and having
been called upon by said bureau for an explanation of the facts mentioned in the
said letter of the commandant of the naval station aforesaid, did, on the twenty-
seventh day of April, nineteen hundred and eight, address a communication to the
commandant of the navy-yard and station, New York, in the words and figures
following: * ^^ ^ ; in which said letter he, the said Captain , did ex-
8483—10 9
130 PROCEEDINGS OF A GENERAL COURT-MARTIAL.
press an opinion upon and impugn the motives of the said Captain ; this
in violation of a lawful regulation issued by the Secretary of the Navy, to wit,
article — of the Regulations for the Government of the Navy of the United States,
nineteen hundred and five.
Specification. — In that , a commander in the United States Navy, being
in command of the United States ship , in the harbor of , , did
on or about the twentieth day of October, nineteen hundred and eight, write a
certain letter with a view to its publication, of and concerning public work there-
tofore performed at the navy-yard, , , and of and concerning officers
of the line, medical, and p&,y corps of the navy, and did procure and cause the said
letter to be published on the twentieth day of December, nineteen hundred and
eight, in the — , a public newspaper published at , , in the
words and figures as set forth in the specification of the first of these charges, and
the said , well knowing that said letter had in view the censure of officers
on duty in said bureau and navy-yard, and of officers of the line, medical, and pay
corps of the navy, did write and cause the same to be published, as aforesaid, in
violation of a lawful regulation issued by the Secretary of the Navy, to wit, article
— of the Regulations for the Government of the Navy of the United States, nine-
teen hundred and five.
Specification. — In that , a coxswain in the United States Navy, attached
to and serving on board the United States ship , at the Navy Yard ,
, having, while attached to and serving on board the United States ship
, at , to which ship he had been regularly assigned, been
granted leave of absence, to expire on the nineteenth day of March, nineteen
hundred and nine, did fail to return to his station and duties on board said ship
upon the expiration of said leave of absence, as it was his duty to do; and
he, the said coxswain , did therein and thereby fail to show in himself as
a petty officer a good example of subordination, zeal, and attention to duty, as
required by article , United States Navy Regulations, lawfully issued by
the Secretary of the Navy.
Specification. — In that , a passed assistant paymaster in the United
States Navy, attached to and serving on board the United States ship , did,
during the period of his service on board the said ship, between the sixteenth day
of April, nineteen hundred and seven, -and the twenty-eighth day of January,
nineteen hundred and nine, fail to enter in proper books copies of all official let-
ters sent by him; this in violation of a lawful regulation issued by the Secretary
of the Navy, to wit, article — of the Regulations for the Government of the Navy
of the United States, nineteen hundred and five.
Specification. — In that , a passed assistant paymaster in the United States
Navy, while attached to and serving on board the United States ship , did
permit the entries of money, clothing, and small stores for the first quarter of the
fiscal year ending June thirtieth, nineteen hundred and eight, to be made in lead
pencil in the respective columns of the rough pay, receipt, and muster roll for said
quarter; this in violation of article — of the Regulations for the Government of
the Navy of the United States, nineteen hundred and five.
Specification. — In that , a passed assistant surgeon in the United States
Navy, attached to and serving on board the United States ship as senior
medical officer of said ship, did, from the eighteenth day of January to the twenty-
first day of March, nineteen hundred and nine, fail to keep or cause to be kept by
the junior medical officer of the said ship, the medical journal of the said ship;
this in violation of a lawful regulation issued by the Secretary of the Navy, to wit,
article — of the Regulations for the Government of the Navy of the United States,
nineteen hundred and nine.
PROCEEDINGS OF A GENERAL COURT-MARTIAL. 131
CHARGE. — Wilful destruction of public property.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , hav-
ing, on or about the twenty-fifth day of September, nineteen hundred and eight,
been placed in confinement in the prison at said barracks, did wilfully break
the glass in the window of the cell in which he was confined.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , in the harbor of ,
, while under sentry's charge on board said ship, about noon on the nine-
teenth day of December, nineteen hundred and eight, did wilfully tear down
the wire guard or shield around the electric light on the brig of said ship.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , while under sentry's
charge on board said ship, about noon on the nineteenth day of December, nine-
teen hundred and eight, did take off his shoes and wilfully throw one of them
at the electric light on the brig of said ship, thereby breaking said light.
NOTES ON EVIDENCE.
133
Notes on Evidence.
Duty of members of courts-martial as to evidence. — Members of courts-martial, in
their capacity as judges, must pass upon the admissibility of evidence, and, as jurors,
weigh it. As it is not to be expected that officers will be able to familiarize themselves
with the numerous and voluminous works on evidence, it is deemed appropriate, in
connection with the forms of procedure, to present a brief outline of the general
principles governing the subject of evidence, particularly such as will be of service
in determining questions likely to arise during the progress of a trial.
Reasonable and just evidence usually admissible. — The rules of evidence have as
their foundation justice and common sense. Accordingly, when the exact rule govern-
ing a point in controversy is not known, it is proper to inquire whether it is reasonable
and just that a given question be asked, if, for example, that is the point at issue ; and if
the answer be in the affirmative, the question may be admitted with assurance that the
chances of error are reduced to a minimum.
Courts should be bound by ordinary rules. — Coiu-ts-martial are, however, in general
bound to observe the fundamental rules of law and principles of justice governing the
civil judicature, and should, of course, wherever practicable and so far as apposite to
military cases, be guided by the rules of evidence established in the practice of the
civil courts, and especially in the courts of the United States in criminal cases.
Courts-martial not bound by statute. — They are not bound, however, by any statute
in this particular, and it is thus open to them in the interest of justice to apply the
rules of evidence with more indulgence than the civil courts; to allow, for example,
more latitude in the introduction of testimony and in the examination and cross-
examination of witnesses than is commonly permitted by the latter tribunals. In
such particulars, as persons on trial by court-martial are ordinarily not versed in
legal science or practice, and are as a rule not represented by counsel trained in the
law, a liberal com-se should, in general, be pursued and overtechnicality avoided.
Definition of evidence. — The term "evidence" includes all that may be submitted
to the court, whether it be the statements of witnesses, the contents of papers, docu-
ments, or records, or whatever the court may be permitted to examine and consider
during the trial. (Bouvier.)
Production and interrogation of witnesses. — Witnesses are produced in court by
summonses or subpoenas, and after being sworn are interrogated respecting such facts
bearing upon the case as are within their own knowledge.
Object of rules of evidence. — The rules of evidence are directed to the determination
of two things: First, the competency of evidence — that is, the question whether
certain witnesses shall or shall not testify, or whether certain documentary or other
evidence shall or shall not be introduced; and, second, the credibility or probative
force of such evidence when introduced, i. e., the weight to be attached thereto.
Credibility distinguished from competency. — Competency should not be confounded
with credibility, which latter, in the case of a witness, means his worthiness of belief,
135
136 NOTES ON EVIDENCE.
the value of his testimony; and this is determined by many things, such as his charac-
ter, his opportunities and powers of observation, the accuracy and retentiveness of
his memory, his ability to give lucid expression to facts within his own knowledge,
and his attitude or relation to the matter with respect to which his testimony is given .
Presumption of competency. — A presumption always exists in favor of the compe-
tency of a witness whose testimony is offered, and the burden of proving the contrary
rests on the party objecting. In deciding upon the competency of a witness the court
acts in the capacity of a judge, while in determining questions of credibility it acts in
the capacity of a jury.
Grounds of incompetency. — The question of competency was formerly much more
important than it is now, the grounds of incompetency having by statute been reduced
from time to time so that at present there are few persons, except idiots, the insane,
intoxicated persons, very young children, and the wives of accused persons, that
by law are not competent to testify.
Witnesses before naval courts generally competent. — Matters that were once regarded
as affecting the competency of witnesses are now treated as bearing only upon their
credibility. In other words, it may be stated as a general rule, the exceptions to
which are unlikely to arise in naval practice, that all witnesses capable of so doing are
entitled to testify, and that it rests with the court in its capacity as jury to decide
how much weight is to be given to their testimony.
Competency decided before witness testifies. — The question of the competency of a
witness should be raised and decided before he is allowed to testify; but it may be
raised at any time during the trial, if the grounds of incompetency were not previously
known.
Manner of adducing and form of evidence. — The issues to be proved having been
laid before the court in the form of charges and specifications, each side in turn sub-
mits evidence in proof or disproof of the facts at issue. The testimony submitted is,
as to its form, either oral, written, or in the nature of exhibits.
Written evidence. — This consists of documents, either under seal or otherwise.
Oral testimony. — This is "direct or original" when a witness testifies to facts ob-
served by him through the medium of his senses, and ''indirect or hearsay" when
he derives his knowledge from the observation of others and testifies to their declara-
tions or statements.
Real evidence. — This consists of any objects or articles in open court, in order that
they may be examined by the court, and by witnesses who may identify them or
illustrate their application.
Circumstantial evidence. — The term ''circumstantial evidence" is applied to that
form of evidence in which the existence of a fact is inferred by a process of reasoning
from the existence, or nonexistence, of other facts established in evidence by the
testimony of witnesses or by the production of documents or exhibits.
Subject of evidence, how divided. — The subject of evidence may be divided into
four heads: I. Proof in general; II. Admissibility of evidence; III. Oral testimony;
and IV. Written evidence.
Proof in general. — Under the head of "Proof in general" it is necessary to consider,
(1) what is to be proved; (2) how it must be proved; (3) what is to be presumed; (4)
what is to be taken notice of judicially!.
(1) What is to be proved. — As to the first point, in a military as in a civil court, the
burden is on the prosecution to establish the guilt of the accused, and not upon the
accused to establish his innocence. It must be shown by the prosecution that the
act charged was committed, that the accused committed it, and that he did so with
criminal intent.
(2) Proof beyond a reasonable doubt. — In a civil suit the plaintiff need make out a
prima fade case only; that is, he need only adduce evidence materially preponderat-
ing over that of the defendant in order tp give him a verdict; but the burden of proof
NOTES ON EVIDENCE. 137
resting on the prosecution in a criminal case — and all court-martial procedure is of
such character — is much greater by reason of the presumption of innocence that always
exists in favor of the accused. To this presumption is due the rule of criminal evidence
that the guilt of the accused must be established beyond a reasonable doubt.
Definition of reasonable doubt, — As this question of reasonable doubt is one that
arises in every case of military law in the course of which evidence is adduced, the
following definition thereof is given: By reasonable doubt is intended not fanciful or
ingenious doubt or conjecture, but substantial, honest, conscientious doubt, not
removed by material evidence in the case.
Rule as to reasonable doubt. — In the case of the United States v. Newton (52 Fed.
Rep., 390), the court held that "it is an honest, substantial misgiving, generated by
insufficiency of proof. It is not a captious doubt, not a doubt suggested by the inge-
nuity of counsel or jury and unwarranted by the testimony; nor is it doubt born of a
merciful inclination to permit the defendant to escape conviction, nor prompted by
sympathy for him or those connected with him. "
Meaning of rule. — From these citations it will be seen that the meaning of the rule
is that the proof must be such as to exclude, not the possibility of innocence, but
every fair and natural hypothesis except that of guilt. As stated in Greenleaf on
Evidence, ''What is required is not absolute or mathematical but a 'moral certainty; ' "
and as laid down in Winthrop, "A court-martial which acquits because, upon the
evidence, the accused may possibly be innocent falls as far short of appreciating the
proper quantum of proof required in a criminal trial as does a court which convicts
because the accused is probably guilty. "
(3) Presumptions of law and of fact. — Under the head of "What is to be presumed,"
we find two classes of presumptions — those of law and those of fact. By presumptions
of law are meant the general propositions established by the law, which are accepted
without evidence by the courts as being prima fade true. These are of two kinds,
those which are conclusive and those which are disputable. By presumptions of fact
are meant those inferences as to the existence of a fact derived from some other facts;
in other words, inferences deduced by the human reason.
(4) What is taken notice of judicially. — As to the matters of which the courts take
judicial notice, we find that there are many facts of a conspicuous general or public
character which so authenticate themselves in law that the courts take judicial notice
of their existence as matters of course, and which are not required either to be charged
or proved; thus a court-martial takes judicial notice of the Constitution, public stat-
utes, proclamations, the power of the President and executive departments, matters
of public history, the Navy Regulations, general and special orders and circulars of
the Department.
Rules as to admissibility of evidence. — The three principal rules, as laid down by
the authorities, bearing on the admissibility of evidence are: (1) The evidence must
be relevant; (2) the burden of proof is on the Government, (3) the best evidence
must be produced of which the nature of the case is susceptible.
Evidence must be relevant. — In order that evidence may be admitted by a court it
must be relevant, i. e., it must bear directly upon the issue. The reason of this rule
is too apparent to require further comment; the only question is, when is a fact rele-
vant to the issue? The answer is, "A fact is relevant when it is the cause or effect of
another fact or is the effect of the same cause, or is the cause of the same effect. "
"Particular testimony tends to prove a fact when, taken in connection with other and
similar testimony, it is calculated to establish such fact in evidence; each fact so testi-
fied to forming a link of the chain of either party. "
Collateral facts generally inadmissible, — Facts which are collateral to the issue are
inadmissible, unless the bm-den rests upon a party of proving interest or the existence
of particular knowledge or intent on the part of a person; as, for instance, in a case of
desertion, testimony that the accused purchased a ticket for a distant point, attempted
138 NOTES ON EVIDENCE.
to dispose of his outfit, or endeavored to exchange it for civilian's dress, though col-
lateral, is admissible to show the intent of not returning, which is the essence of the
offense.
Burden of proof on the Government,— Nothing need be said on the point that the
burden of proof is on the Government, as this rule is based upon one of the fundamental
axioms of the law.
Meaning of best evidence. — By the best evidence is meant not necessarily the
greatest quantity of evidence, but the most authoritative and legally satisfactory
evidence of which the case is capable. Whenever it appears that there is a higher
and better grade of evidence than that which is introduced, the latter is not admis-
sible.
Example of what is not best evidence ; exception. — A familiar example is the attempt
to introduce oral, or pare], evidence to show the contents of a written instrument.
There are, of course, exceptions to this rule. One exception of frequent occurrence
is the introduction of parol evidence to prove the contents of a document which is
lost or destroyed or in the possession of the other side and not produced when called
for.
Hearsay evidence.— In connection with the requirement that the best evidence of
which the nature of the case is susceptible, must be produced, the subject of hearsay
evidence is pertinent. Greenleaf states that hearsay evidence is "That form of
evidence which does not derive its value solely from the consideration to be given to
the witness himself, but rests in part on the veracity and competency of some other
person. "
Why hearsay evidence is objectionable. — Hearsay evidence is objectionable, first,
because it is secondary evidence and the law requires primary evidence; second, the
real witness is not testifying in court under the sanction of an oath; and, third, the
opposite party, and especially the defendant in a criminal case, has no opportunity to
be confronted with the witness against him, or to exercise his right of cross-examina-
tion. There are, of course, exceptions to this rule of exclusion; and again there are
some exceptions which, upon examination, will be found to relate to relevant facts
and to be, as such, not liable to objection as hearsay. Thus, where the question at
issue is whether certain words were actually spoken by a person other than the wit-
ness, a recital of the words by the witness is original testimony and admissible.
Exceptions to rule excluding hearsay evidence. — The principal exceptions to the
inadmissibility of hearsay evidence are:
1. Confessions or admissions against interest.
2. Dying declarations.
3. Res gestae.
Confessions or admissions against interest. — These are admissible, but in the case
of confessions it must be clearly shown that the confession was voluntary, and any-
thing which will tend to show that a confession was extorted by threats or promises,
or by use of force, especially by one in authority, will destroy its value as evidence.
The court is allowed to take testimony to ascertain the absolute conditions under
which a confession was made in order to decide whether it was a voluntary act of the
accused. Again, before a confession be admitted in evidence the corpus delicti must
be proved.
Dying declarations. — These must pertain to the facts relating to the injury from
which the party is suffering. It must be shown that the declaration was made in
view of impending death and when no hope of recovery was cherished by the de-
clarant. In such a case the sense of impending death replaces the sanctity of an oath.
A declaration made under these circumstances is admissible in evidence even though
the declarant subsequently recovers.
Res gestae. — Another form of declaration of a third person which is admissible is
that which forms a part of what is legally known as the "res gestae." By the term
NOTES ON EVIDENCE. 139
"res gestae" is meant **the circumstances and occurrences attending and contempo-
raneous with the principal fact at issue, or so nearly contemporaneous with it as to
constitute a part of the same general transaction, which explain and elucidate such
fact by indicating its nature, motive, etc." No rule can be laid down which will be
a guide as to what is and what is not a part of the res gestae. It is a matter which
must be left to the wise discretion of the court. A declaration made even a few sec
onds after the occurrence of a fact has been held not to be a part of the res gestae,
while under other circumstances a declaration made a week or months after the fact
has been held as part of the res gestae. Each and every case must stand on its own
merits, and, as before stated, must be left to the sound discretion of the court, which
of course is guided by the circumstances attending the case.
Accused as witness in his own behalf. — Formerly, in criminal prosecutions, the
accused could not testify, but by the act approved March 16, 1878, it was provided
that the ''accused shall at his own request, but not otherwise, be a competent wit-
ness, and his failure to make such request shall not create a presumption against him."
Care must be taken by the court that the accused is not placed on the stand unless
he, himself, requests to be permitted to testify, otherwise a fatal error is committed.
The record must affirmatively show that the statutory request was, in fact, made.
No comment to be made if the accused does not take the stand. — With reference to
the fact that no presumption lies against the accused on account of his failure to
testify, the Supreme Court held that it was not allowable to make "comment, espe-
cially hostile comment, upon such failure." "The minds of the jurors," it was further
held, "can only remain unaffected from this circumstance by excluding all reference
to it." (Wilson v. United States, 149 U. S., 60.) It is accordingly highly improper
for the judge-advocate, in summing up the case for the prosecution, to comment on
the failure of the accused to take the stand in his own behalf.
Depositions before naval courts. — Depositions may, by the act of February 16, 1909,
be taken on reasonable notice to the opposite party, and when duly authenticated,
may be put in evidence before naval courts, except in capital cases and cases where
the punishment may be imprisonment or confinement for more than one year, as
follows: First, depositions of civilian witnesses residing outside the State, Territory,
or district in which a naval court is ordered to sit; second, depositions of persons in
the naval or military service stationed or residing outside the State, Territory, or
district in which a naval court is ordered to sit, or who are under orders to go outside
of such State, Territory, or district; third, where such naval court is convened on
board a vessel of the United States, or at a naval station not within any State, Terri-
tory, or district of the United States, the depositions of witnesses may be taken and
used wherever such witnesses reside or are stationed at such a distance from the place
where said naval court is ordered to sit, or are about to go to such a distance as, in
the judgment of the convening authority, would render it impracticable to secure
their personal attendance.
How witness may refresh his memory. — A witness may be allowed to refresh his
memory by reference to a memorandum, provided it was made by him at the time
the fact or transaction to which it refers occurred, or as soon thereafter as to afford the
presumption that the memory of the witness was fresh at the time of making it. If
the paper is not one made by the witness, it must appear that after inspecting it, he
can speak from his own recollection; otherwise he can not use it. The privilege of
using a memorandum does not authorize the witness to read his evidence from notes
previously made.
Witnesses must state facts, not opinions ; exceptions. — Witnesses must confine them-
selves to statements of fact. Opinions are not admissible, except in two cases, as
follows :
Opinions drawn from numerous facts of daily observation and experience. — "In
the first place, any intelligent witness may testify as to opinions which are themselves
140 NOTES ON EVIDENCE.
conclusions drawn from numerous facts within the daily observation and experience
of intelligent persons. Such relate to the demeanor or appearance of a person; his
sanity, sobriety, or identity, or his resemblance to another; his physical condition,
whether sick or well; his condition as regards emotion or passion, as to anger, hope or
fear, joy or sorrow, excitement or coolness, and the like. These are matters of every-
day occurrence with respect to which all thoughtful persons form conclusions of fact,
to which they are competent to testify in a proper case."
Opinions of experts. — "Second, the opinions of experts in an art, trade, or profes-
sion, in which they have attained especial proficiency, may, at the discretion of the
court and under its direction, be given in evidence. This is permitted for the reason
that the opinions in question are technical or scientific in character and are based
upon experience that is beyond the knowledge and experience of the average member
of a court. Under this head fall opinions as to the effects of particular poisons; that
is, certain symptoms having been observed, expert opinions may be received as to
the poisons that would produce such effects. In general, certain facts or effects hav-
ing been established in evidence, the testimony of experts may be admitted as to
the causes which would have produced such effects; or as to the laws of nature appli-
cable to certain causes to produce particular effects."
Experts must be shown to be such. — "The party who introduces expert witnesses
must show that they are experts in fact; that is, that they actually possess the technical
or scientific knowledge which will assist the court to a correct understanding of the
fact in the case. Having established their competency and the necessity for their
appearance, they may give opinions as to certain facts, or may testify in answer to a
hypothetical question, agreed upon by the parties and approved by the court, the
answer to which is calculated to afford the court the assistance of which they stand
in need."
Credibility of one's own witness not to be impeached. — A rule of evidence which fre-
quently arises is that a party is not permitted to impeach the credibility of his own
witness; but this must not be construed to mean that he can not introduce other testi-
mony as to a particular fact which is directly contradictory to the testimony of such
witness.
Weight to be given evidence of accused. — In weighing the evidence of the accused
the Supreme Court has held that "the testimony of the defendant in a criminal case
is to be considered and weighed by tha jury, taking all the evidence into considera-
tion, and giving such weight to the testimony as in their judgment it ought to have."
Credibility of testimony determined by court. — The question of the credibility of the
testimony given by a witness is a most important one, for upon it rests the decision of
the court as to the proof of the various allegations. When the character for veracity
of a witness has been shown to be bad — and whether this has been done or not is a
matter within the sound judgment and discretion of the court — his testimony is not
necessarily to be wholly disregarded, but is to be considered in connection with the
rest of the testimony and such credit given to it as it appears to be entitled to receive.
Also when a witness has been shown to have testified falsely to a certain particular,
the maxim *'falsus in uno, falsus in omnibus," need not always be applied, nor all his
testimony disregarded, but it should be weighed in connection with the other testi-
mony, especially when corroborated. The general manner and bearing of a witness
is an important consideration in weighing his testimony.
Weight of evidence as affected by number of witnesses. — The relative number of
witnesses for the prosecution and defense is by no means decisive in general, as the
relative weight of the evidence depends much less upon the number of the witnesses
than upon their character, their relation to the case, and the circumstances under
which their testimony is given.
Conflicting testimony. — When the testimony is conflicting, the task of weighing it
is frequently attended with difficulty and is sometimes so difficult that disagreement
NOTES ON EVIDENCE. 141
results. As a general rule, however, it may be stated that "the testimony of a single
competent and credible witness is sufficient to establish a fact in evidence unless the
Constitution, a statutory provision, or a rule of the common law requires otherwise."
The Constitution of the United States provides that in a case of treason two witnesses
to the same overt act, unless confession is made in open court, are necessary to secure
conviction.
Corroboration of confession. — In any criminal case where a confession is made out
of court, two witnesses are necessary to convict, for otherwise, should the accused deny
said confession in court, we would have the oath of one man balanced against the oath
of another; but in some jurisdictions this rule has been relaxed so that the testimony
of a single credible witness, supported by criminating circumstances, is held to be
sufficient to establish guilt beyond a reasonable doubt.
Cumulative evidence unnecessary. — When a fact has been conclusively established,
it is unnecessary to consume the time of the court by introduction of additional evi-
dence which is merely cumulative.
Facts asserted established by admission. — Facts asserted by one of the parties may
be established by admission on the part of the other, i.e. by admission of the accused
or the judge-advocate, formally made in open court. In such case no testimony in
proof or disproof of facts so admitted will be received. (But see " Rejection of plea,"
p. 23, and "Plea of guilty," etc., p. 143.)
Public and private writings. — The question of public and private writings in evi-
dence is a very extended one. A public document is "any written instrument origi-
nating in or pertaining to any office or department of the Government," and under
this head are included statutes, resolutions, and other acts of the legislature; the
treaties, proclamations, orders, regulations, reports, and other utterances of the
Executive, and the records, judgments, orders, and decrees of courts of justice. Every
public document pertains to, or is said to be of record in, some public office, the chief
of which is its general custodian.
Secondary evidence as to public documents. — When it becomes necessary to pro-
duce public documents before a court, as inconvenience might and probably would
result from the taking of the originals from their customary place of file, secondary
evidence as to their contents, in the form of copies duly authenticated under the seal
of a department, are admitted in evidence in the same manner as the originals, and,
according to the statutes, full credence is to be given to them. (Sec. 882, R. S.)
Public statutes, orders, regulations, etc., noticed judicially. — Courts-martial take
judicial notice of the laws of the land, and in this way the public statutes of the United
States, when produced from the authorized editions of books, are judicially taken
notice of, together with the regulations, orders, and circulars issued by the Navy
Department.
Private documents, how identity established, etc. — Private documents differ from
public chiefly in the character and amount of testimony necessary to establish their
identity, and the burden of such proof rests with the party in whose interest the paper
is produced. As a general rule the best evidence of the contents of a paper is the pro-
duction of the paper itself, and before parol evidence thereof can be admitted it must
be satisfactorily shown that the original can not be produced, having, for example,
been lost or destroyed, or being in adverse custody. WTiile as a general rule the
document speaks for itself, it does not follow that parol evidence may not be intro-
duced in relation thereto, for while it is a well-known rule of evidence that parol evi-
dence may not be used "to add to, subtract from, contradict, or vary the contents
of a written document," yet at all times a latent ambiguity in a document may be
explained by throwing on it the light of the surrounding circumstances. For this
purpose parol evidence is always admissible.
When document is not in hands of party desiring to introduce it. — If the paper to be
introduced is in the hands of the opposite party, formal notice to produce must be
served on him; if in the possession of a person not a party to the trial, it is produced
142 NOTES ON EVIDENCE.
by a subpoena duces tecum. If the party called on fails to produce the paper then
parol evidence as to its contents may be introduced.
Manner of taking oath. — Witnesses called before a court-martial to testify are sworn
by the presiding officer. The oath or affirmation laid down in the statutes must
ordinarily be administered before a witness may testify, although this rule as to the
prescribed oath is not invariably followed. The Attorney-General rendered an
opinion in the case of Paymaster Watkins to the effect that a Chinaman produced as
a witness might take the oath common among the Chinese, i. e., the breaking of a
dish in the court room, and that his testimony would be binding, as the object of an
oath is to impress upon the witness the fact that some future punishment will be
meted out in case of failure to tell the truth, the whole truth, and nothing but the
truth.
Manner of examining witnesses; leading questions, etc. — Witnesses are first exam-
ined by the party calling them, then cross-examined by the opposite party. So
long as the questions are relevant to the issue considerable latitude is allowed in the
direct examination of witnesses, but care must be taken not to ask leading questions,
i. e., those which suggest their answers, for they are excluded if objected to by the
opposite party. Questions of identification of persons or things which have already
been described, introductory questions, questions tending to aid a defective memory,
and those asked a witness who appears hostile to the party calling him, are exceptions
to this rule.
Cross-examination; latitude allowed. — The cross-examination of a witness is less
restricted than the direct, but must in general be confined to the matter brought out
in the direct examination and must not be extended to collateral matter, with a
view to contradicting the witness by other evidence and thus discrediting him.
This rule is, however, subject to the qualifications that, the object of cross-examina-
tion being to test the credibility of the witness, great latitude is allowed; leading
questions are permitted, as well as those which are not relevant to the subject where
the purpose is to test the witness's powers of observation, the accuracy of his memory,
and the connection of his statement.
Testimony of the accused; not excepted from ordinary rules. — The testimony of an
accused party is competent only when presented as authorized by the act of March
IG, 1878, viz, when the party himself requests to be permitted to testify. Such
testimony is not excepted from the ordinary rules governing the admissibility of
evidence, nor from the application of the usual tests of cross-examination, rebuttal,
etc., except that an accused so testifying can not be compelled on direct examination
against his objection to criminate himself.
Opinion of Supreme Court, — Where the accused party waives his constitutional
privilege of silence, takes the stand in his own behalf and makes his own statement,
it is clear that the prosecution has a right to cross-examine him upon such statement
with the same latitude as would be exercised in the case of an ordinary witness, as
to the circumstances connecting him with the alleged crime. While no inference
of guilt can be drawn from his refusal to avail himself of the privilege of testifying,
he has no right to set forth to the jury all the facts which tend in his favor without
laying himself open to a cross-examination upon those facts. The witness having
sworn to an alibi, it was perfectly competent for the Government to cross-examine
him as to every fact which had a bearing upon his whereabouts upon the night of
the murder, and as to what he did and as to the persons with whom he associated
that night. Indeed we know of no reason why an accused person, who takes the
stand as a witness, should not be subject to cross-examination as other witnesses are.
* * * While the court would probably have no power of compelling an answer
to any question, a refusal to answer a proper question put upon cross-examination
has been held to be a proper subject of comment to the jury {State v. Ober, 52 N. H.,
459; and it is also held in a large number of cases that when an accused person takes
NOTES ON EVIDENCE. 143
the stand in his own behalf, he is subject to impeachment like other witnesses. If
the prosecution should go farther and compel the defendant, on cross-examination,
to write his own name or that of another person, when he had not testified in refer-
ence thereto in his direct examination, the case of State v. Lurch, 12 Oregon, 99,
is authority for saying that this would be error. It would be a clear case of the de-
fendant being compelled to furnish original evidence against himself. State v.
Saunders, 14 Oregon, 300, is also authority for the proposition that he can not be
compelled to answer as to any facts not relevant to his direct examination. {Fitz-
patrick v. United States, 178 U. S., 304.)
Questions witness may decline to answer. — A witness may rightfully decline to
answer certain questions, and in such cases should be sustained by the court. These
questions are known as "privileged," and are made so as a matter of public policy,
with a view to preventing inquisitorial trials, or to forbidding the disclosure of facts,
the discovery of which would seriously affect the public business or trespass unduly
upon certain private relations, the continued existence of which it is the policy of
the law to secure.
The principal cases of privilege are: 1. State secrets. — This class covers all the
departments of the Government, and its immunity. rests upon the belief that the
public interests would suffer by a disclosure of state affairs. The scope of this class
is very extended, and the question of the inclusion of a given matter therein is de-
cided by a consideration of the requirements of public policy with reference to such
matter.
2. Attorney and client. — This class includes all confidential communications be-
tween a client and his attorney, made during the existence of the relationship and
having reference thereto, but does not include matters coming to the knowledge of
the attorney independently of his employment. The privilege extends to the clerks,
stenographers, interpreters, and other employees whose services are necessary to the
counsel in the transaction of his business.
3. Husband and wife. — This case covers all communications of a confidential nature
made during the continuance of marriage. In personal assaults, however, of the one
against the other, the testimony of either as against the defendant is admissible.
4. Criminating questions. — All questions whose answers would expose the witness
to a criminal prosecution or penal action come under the head of privileged questions.
This is a principle of the common law which has been afiirmed by the Constitution,
The witness may, of course, waive this exemption. By the act of February 16, 1909,
it is expressly provided that no witness shall be compelled to incriminate himself
or to answer any question which may tend to incriminate or degrade him.
Impeachment of credibility of witness. — The credibility of a witness may be attacked
in his cross-examination, or his testimony may be rebutted by other witnesses. In
addition to this his reputation for truth and veracity may be impeached. By this is
meant the general reputation of the party in the community in which he lives and
as understood by those by whom he is best known. When the impeachment is to
be made by the testimony of other witnesses care must be taken to lay the ground-
work for such impeachment while the witness is on the stand, otherwise it is not
admissible.
Statements of witness outside of court. — A witness may also be shown to have made
statements outside of court inconsistent with those made under oath, but the state-
ments in question must have been relevant to the issue, and it is proper, where such
contradiction is intended, to direct the attention of the witness himself particularly
to the matter while on the stand.
Plea of guilty does not exclude evidence for prosecution. — A plea of guilty does not
necessarily exclude evidence for the prosecution. Where the court has discretionary
power as to the punishment to be awarded it is proper that it should have full knowl-
edge of all the circumstances attending the offense. The reviewing authority is
144 NOTES ON EVIDENCE.
also entitled to this knowledge, and to this end it is proper for the court to take evi-
dence after a plea of guilty, unless the facts are so fully set forth in the specification
as to show all circumstances of mitigation or aggravation.
Accused may cross-examine. — When evidence of this character is introduced after
a plea of guilty, the accused has the same right to cross-examine the witnesses and to
offer evidence in rebuttal as though he had pleaded not guilty.
Statement inconsistent with plea. — It frequently occurs that an accused, not being
familiar with the effect of his plea, will plead "guilty," and, no evidence being
introduced, will submit to the court a statement inconsistent with his plea. It is
the duty of the court in such cases to consider the statement and plea together, and
if guilt is not conclusively admitted, it will direct the judge-advocate to enter a plea
of ''not guilty" and proceed to trial. (See note, " In cases of desertion," p. 24.)
Examples of statement inconsistent with plea. — One of the familiar instances of a
statement inconsistent with a plea is presented where the accused, charged with
desertion, pleads "guilty," and then submits a statement in which he denies that at
any time he had any intention permanently to abandon the service.
Statutes of limitation.^ — The statutes of limitation, as contained in articles 61 and 62
of the Articles for the Government of the Navy, relate to a matter of defense which
may be either specially pleaded by the accused or may be taken advantage of under
the general issue, if the evidence shows that the statute applies. A conviction by a
court-martial, duly approved by the convening authority, conclusively establishes
as a fact that the prosecution was not barred by the limitation, and the question
will not, thereafter, be considered by a civil court in habeas corpus proceedings.
Witnesses may be recalled and evidence introduced out of usual order. — While the
proper and orderly sequence of the examination of witnesses is that set forth in the
"Procedure of General Courts-Martial" {ante), the court may, in the interest of truth
and justice, call or recall witnesses, or permit their recall at any stage of the proceed-
ings. Evidence may also be admitted entirely out of its usual and proper place, and
in fact the court may, even after a case is closed by either party, permit it to be re-
opened for the introduction of material evidence. This should be done in the pres-
ence of both parties, and the opposite party has the usual right to cross-examine and
to offer evidence in rebuttal.
To what facts evidence may be given :
1. To the precise fact in dispute.
2. To the act, declaration, or omission of a party as evidence against such party.
3. An act or declaration of another, which act or declaration would naturally accom-
pany the situation, considering the relative conduct of the parties.
4. After proof of a conspiracy, the act or declaration of a conspirator relating to the
conspiracy.
5. The act, declaration, or omission forming part of a transaction.
6. The testimony of the witness deceased, or out of the jurisdiction of the court, or
who is unable to testify, which was given in a former action between the same parties
relating to the same matter.
7. The opinion of a witness respecting the identity, or the handwriting, of a person
when he has knowledge of the person or of the handwriting.
8. The opinion of a witness on a question of science, art, or trade when the witness
is skilled therein.
9. The opinion of a subscribing witness to a writing respecting the mental sanity of
the signer, his sanitj being in dispute.
10. The opinion of an intimate acquaintance respecting the sanity of a person, the
reason for the opinion being given.
11. Common reputation existing previous to the controversy respecting facts of a
public or general interest more than thirty years old.
NOTES ON EVIDENCE. 145
12. Facts which serve to show the credibility of a witness; such as his general repu-
tation for veracity, his motives, or contradictory statements made by him relative
to the facts in issue.
13. Any other facts from which the points in issue may be logically inferred.
14. The state of a witness's feelings to the parties and his relationship may always
be proved for the consideration of the court.
Preponderance of evidence. — In determining where the preponderance, or superior
weight, of the evidence lies the court may consider:
1. The witness's manner of testifying.
2. His intelligence.
3. His means and opportunities of knowing the facts to which he testifies.
4. The nature of the facts to which he testifies.
5. The probability or improbability of hie testimony.
6. His interest or want of interest.
7. His personal credibility, so far as it legitimately appears upon the trial,
8. The number of witnesses; though the preponderance is not necessarily with the
greatest number.
9. All the facts and circumstances of the case.
Original entries. — When an entry is repeated in the regular course of business, one
being copied from another at or near the time of the transaction, all the entries are
equally regarded as original.
Alterations in a writing. — The party producing a writing as genuine which has been
altered in a part material to the question in dispute, and which appears to have been
altered after its execution, must account for the appearance of the alteration before
the writing will be received in evidence. He may show that the alteration —
1. Was made by another without his concurrence.
2. Was made with the consent of the parties affected by it, or otherwise properly
or innocently made.
3. Did not change the meaning or the language.
Entries and writing of a deceased person. — Entries and writings of a deceased person
who was in a position to know the facts therein stated and who made the entries at or
near the time when the facts occurred may be read as prima facie evidence of such
facts —
1. When the entry is against the interest of the deceased person who made it.
2. When it was made in a professional capacity in the ordinary course of professional
conduct.
3. When it was made in the performance of a duty enjoined by law, or in the course
of the person's ordinary and regular duties.
Disputable presumptions. — It is presumed to be true until disproved by evidence
that —
1. A person is innocent of crime or wrong.
2. An unlawful act was done with unlawful intent.
3. A person takes ordinary care of his own concerns.
4. Money paid by one to another belongs to the latter.
5. A thing delivered by one person to another belongs to the latter.
6. A person owns the property which is in his possession.
7. A person acting in a public office was regularly appointed or elected to it.
8. Official duty has been regularly performed.
9. Private transactions have been fair and regular.
10. A writing is correctly dated.
11. A letter duly directed and mailed was received in the regular course of the mail.
12. There is identity of person from identity of name, depending upon circum-
stances.
8483—10 10
146 NOTES ON EVIDENCE.
13. A person not heard from in seven years is dead.
14. Acquiescence resulted from a belief that the thing acquiesced in was conform-
able to the law or to the fact.
15. Things have happened according to the ordinary course of nature and the ordi-
nary course of life.
16. A man and woman deporting themselves as husband and wife have entered
into a lawful contract of marriage.
17. A child born in lawful wedlock, there being no divorce, is legitimate.
18. A thing once proved to exist continues as long as is usual with things of that
nature.
19. The law has been obeyed.
20. A printed or published book purporting to contain reports of cases adjudged
in tribunals of the State or country where the book is published contains correct
reports of such cases.
21. A book purporting to be printed or published by public authority was so printed
or published.
22. There was a good and sufficient consideration for a written contract.
Are rules of evidence binding on courts-martial? — A military court should, in gen-
eral, as the wisest, safest, and fairest proceeding, observe the well-established rules
of evidence. (Winthrop, vol. 1, p. 567.)
Courts-martial are bound, in general, to observe the fundamental rules of law
and principles of justice observed and expounded by the civil judicature; and are
also, in general, to be governed upon trials by the rules of evidence of the common
law as recognized and followed by the criminal courts of the country. * * * In-
asmuch as the rules of evidence are in the main the result of the best wisdom and
experience of the past, approved and ratified by modern intelligence, it is clear that
military tribunals can not, in general, safely assume to reject or ignore them. * * *
If the effect of a technical rule is found to exclude material facts, or otherwise to
obstruct a full investigation the rule may and should be departed from. Proper occa-
sions, however, for such departure will be exceptional and infrequent. (Winthrop,
p. 472.)
Courts-martial having cognizance only of criminal offenses are bound, in general,
by the rules of evidence administered in criminal cases in courts of common law; the
only exceptions being those which are of necessity created by the nature of the service,
by the constitution of the court, and by its course of proceedings. (Greenleaf, vol.
3, pars. 469, 476.)
As no rules of evidence are specially prescribed by Congress for the observance of
courts-martial, it must be deemed that such courts are contemplated to be governed,
in general, by the same rules of evidence which govern the ordinary courts of criminal
jurisdiction. These rules are prescribed by the common law, excepting, of course,
where otherwise provided by statute, in which case the latter prevail. (Opin. Atty.
Gen. Brewster in Whittaker's case, March 17, 1882.)
The rules of evidence, established by a long line of decisions, are the only safe
guides for the ascertainment of truth, and can not safely be purposely disregarded by
military courts. (G. C. M. Order 6, Div. Army Atlantic, 1891.)
The rules of evidence are substantially the same in criminal as in civil procedure.
(Greenleaf, vol. 1, par. 65.)
Facts are best established before a tribunal by the steady operation of fixed rules;
and these must be of such a general character that they may be applied to the estab-
lishment of all matters of fact whatever their nature.
Such are the existing rules of evidence; they are the collected wisdom of past expe-
rience. Their application insures justice and impartiality in the greatest number of
cases; best secures a man from being divested of his rights at the pleasure of a tribunal;
NOTES ON EVIDENCE. 147
and shortens a trial by excluding irrelevant evidence and by bringing to an issue the
points in dispute.
It is not always possible for a tribunal to arrive at a perfect knowledge of the truth
in each particular case, and yet necessities require that a judgment be rendered.
Directory regulations. — Executive regulations are not, in general, imperative to the
extent of rendering actually invalid acts provided for by the regulations but not done
in compliance with their requirements. Such regulations are, in general, directory
only.
Depending upon the quality of not being of the essence or substance of the thing
required, compliance being rather a matter of convenience, and the direction being
given with a view simply to proper, orderly, and prompt conduct of business, they
seem to be generally understood as mere instructions for the guidance and govern-
ment of those on whom the duty is imposed, or, in other words, as directory only.
(Endlich on Interpretation of Statutes, par. 436; Dig. Opins. J. A. G. Army, p. 754.)
Many statutory requisitions, intended for the guidance of officers in the conduct of
business, do not limit their power or render its exercise in disregard of the require-
ments ineffectual. Such are regulations designed to secure order, system, and dis-
patch in proceedings. Provisions of this character are not mandatory unless accom-
panied by negative words importing that the acts shall not be done in any other
manner or time than designated. (Anderson's Law Dictionary, Dig. Opins. J, A. G.
Army, p. 755.)
The above rules have been applied to the construction of Army Regulations.
(Dig. Opins. J. A. G. Army, p. 755.)
In the administration of military affairs, as in other branches of government, prece-
dents are of great value ; and an authoritative construction once given to a regulation
should thereafter be given great weight. (Dig. Opins. J. A. G. Army, p. 758.)
Affidavits. — 1. Affidavits, or statements of persons not subjected to cross-examina-
tion, are entirely incompetent as evidence before courts-martial.
2. A letter from a post adjutant introduced in evidence was held improperly admitted,
being, though official, a mere ex parte statement.
3. Certain ex parte statements contained in a record of a board of survey were held
improperly admitted in evidence upon a trial by court-martial.
4. Affidavits, however, have sometimes been admitted by courts-martial in the
absence of objection by a party. But notwithstanding the consent of parties, a court-
martial could rarely, if ever, with safety receive evidence of this character, which
must, in general, be too incomplete to serve as a reliable basis either for its own judg-
ment or the action of the reviewing authority. (Winthrop, p. 536.)
SUMMARY COURTS-MARTIAL.
149
Summary Courts-Martial.
Incidents of a trial by summary court-martial.
1. Court meets.
2. Accused introduced.
3. Does accused desire counsel, and if so, counsel introduced.
4. Has accused received a copy of the specification; if so, when?
5. Is accused ready for trial?
6. Convening order read aloud.
7. Does accused object to any member mentioned in order?
8. Members sworn.
9. Recorder sworn.
10. All witnesses directed to withdraw.
1 1 . Specification read aloud by recorder.
12. Prosecution begins.
13. Prosecution rests.
14. Defense begins.
15. Defense rests.
16. Rebuttal.
17. Surrebuttal.
18. Trial finished.
19. Court closed for deliberation.
20. Recorder recalled to record finding.
21. Court opened to receive evidence of previous convictions.
22. Court cleared.
23. Recorder recalled to record sentence.
24. Record signed.
25. Court opened.
26. Adjournment.
151
RECORD OF PROCEEDINGS
OP A
Summary Court-Martial
IN THE CASE OP
Z. S , Seaman, U. S. Navy.
U. S. S. Hancock,
Navy- Yard, New York,
January — , 19 — .
Record in revision.— The proceedings in revision must form a separate and com-
plete record which should be prefixed to the record of which it is a revision.
153
Order convening a summary court-martial.
U. S. S. Hancock,
Navy- Yard, New York,
January — , 19 — ,
Sir: A summary court-martial is hereby ordered to convene on board this vessel on
Friday, January — , 19 — , or as soon thereafter as practicable, for the trial of such per-
sons as may be legally brought before it.
The court will be constituted as follows:
Lieut. A R. K , U. S. Navy;
Lieut. J M. D , U. S. Navy; and
First Lieut. G B. W , U. S. Marine Corps, members, and
Ensign J H. R , U.S. Navy, recorder.
Captain, U. S. Navy, Commanding.
Lieut. A R. K , U. S. Navy,
U. S. S. Hancock,
Navy- Yard, New York.
Detail of recorder.— A petty officer or anoncommissioned officer of marines can not
lawfully be detailed as recorder of a summary court-martial.
Commissioned warrant officers as members.— Commissioned warrant officers may
be detailed as members of a summary court-martial.
Detail for trial of marine.— When an enlisted man of the Marine Corps is to be tried
one or more marine officers shall be detailed as members, if practicable.
Selection of members.— Care shall be exercised in selecting the personnel of the court
so that no reasonable objection against a member may be made by either the accused
or by the recorder when called upon to exercise the right of challenge.
Original prefixed to record of first case.
Form of specification.
Specipication op an Offense (or Offenses) Preferred Against J Z.
S , Seaman, TJ. S. Navy.
Specification.— Jn that J Z. S , a seaman in the United States Navy,
attached to and serving on board the U. S. S. Hancock, navy-yard, New York,
did, on or about the tenth day of January, nineteen hundred and nine, absent
himself from his station and duty without leave from proper authority, and did
remain so absent until the twenty-fourth day of the month and year aforesaid.
Approved January — , 19 — .
To be tried before the summary court-martial of which Lieut. A R. K ,
U. S. Navy, is senior member.
Captain, U. S. Navy,
Commanding U. S. S. Hancock.
155
156 PROCEEDINGS OF A SUMMARY COURT-MARTIAL.
Original prefixed to record.
Forms of specifications.— The specimen forms of specifications, pp. 89 and 167,
should he followed in preparing specifications for summary courts-martial as far as
practicable.
• Specification alleging incompetency. — When the specification alleges incompetency
it is essential to set forth the particular acts, or neglect, upon which the specification
is based.
Intoxicants in possession. — When the allegation involves having intoxicants in pos-
session, it is essential to specify that the possession was "unlawful."
Absence over or without leave.— The period of absence over or without leave, in
the case of an enlisted man reporting at a station or on board a ship other than his
own, should be considered as the time elapsing from the date of commencement of
the unauthorized absence to date of his return to his proper station or ship.
Care to be exercised by convening authority.— Convening authorities preparing
specifications for courts-martial should in all cases before delivering the same take the
precaution to read them carefully with the end in view of determining whether or not
the statement of facts of the alleged offense, as set forth therein, actually constitutes a
military or legal offense. Frequently an offense is implied and not set forth clearly and
explicitly, and thus does not show that an unlawful act has been committed.
FIRST DAY.
u. s. s. ,
Navy- Yard, New York,
January — , 19 — ;
The court met at 10 a. m.
Present :
Lieut. A R. K , U. S. Navy;
Lieut. J M. D , U. S. Navy; and
First Lieut. G B. W , U. S. Marine Corps, mem-
bers, and
Ensign J H. R , U. S. Navy, recorder.
See also notes under general court-martial procedure.
Record of eacli case complete.— The record of every case must be complete in itself,
and therefore the place, date, names and rank of members and recorder must be fully
set out at the beginning of each case.
Var. 1. Lieut. J M. D , U. S, Navy, a member, was
absent on account of illness (or other cause), and the court being
reduced below the number authorized by law, adjourned until 10
a. m., to-morrow, the instant.
Var. 2. The court, being reduced below the number authorized
by law, informed the convening authority to that effect and then took ,
a recess until 11.30 a. m., the same date, when it reconvened. Pres-
ent: The members last above mentioned, the recorder, and Ensign
T S , U. S. Navy, appointed a member by the convening
authority, vice Lieut. J M. D , U. S. Navy, relieved.
The accused entered and stated that he did not desire counsel ; that
he had received a copy of the specification against him at — a. m.,
January — , 19 — , and that he was ready for trial.
Var. 1. that he desired Captain, L A , U. S.
Marine Corps, as his counsel, and that officer reported as such; that
he had received .
PROCEEDINGS OF A SUMMARY COURT-MARTIAL. 157
Var. 2, that he desired postponement until for the
reason that .
The recorder read the precept, original hereto prefixed, marked *'A".
Var. 1. original prefixed to the record in the case of
M II . S , private, U. S. Marine Corps.
Var. 2. and an order relating thereto, prefixed hereto,
marked " ."
Reading of papers, etc.— When the record states that a paper or document is read,
it is to be understood that it is read aloud.
Composition of court clianged.— In case the composition of the court is changed a
new precept should be issued.
The accused stated that he did not object to any member.
Var. 1. The accused objected to being tried by First Lieut.
G B. W , U. S. Marine Corps, for the following reasons:
First Lieutenant W replied to the objection as fol-
lows: .
The court was cleared for the consideration of the challenge, the
challenged member (if he so desired) also withdrawing.
After due deliberation the court was opened, and all parties to the
trial entered. The senior member announced that the objection of
the accused was not sustained .
The accused had no further objections to offer.
Var. 2. The senior member announced that the objection of the
accused was sustained and the record would be forwarded to the con-
vening authority, pending a reply from whom, the court adjourned
until 10 a. m., to-morrow, the — instant.
Var. 3. When the coiu-t convened (if on a subsequent day).
Present: , etc. The recorder read an order appended, marked
" ," from the convening authority returning the record and
directing the coiu"t to proceed as originally constituted.
The accused had no further objections to offer.
Var. 4. The recorder read aloud an order from the convening
authority appointing Lieut. S , U. S. Navy, vice First
Lieut. G B. W , U. S. Marine Corps, relieved, which
order is hereto appended, marked " ."
The accused had no further objections to offer.
Each member and the recorder were duly sworn.
How oaths administered.— The oaths shall be administered, first, to the members by
the recorder, and then to the recorder by the senior member.
Oaths administered to members.— You, A '— R. K , J M. D ,
and G B. W , do swear (or affirm) that you will well and truly try without
prejudice or partiality the case now depending, according to the evidence which shall be
adduced, the Laws for the Government of the Navy, and your own conscience.
Oath administered to recorder.— You, J H. R , do swear (or aflirm) that
you will keep a true record of the evidence which shall be given before this court and of
the proceedings thereof.
No witnesses were present.
Var. All witnesses were directed to withdraw.
The recorder read the specification, original prefixed, marked
," and arraigned the accused as follows:
158 PKOCEEDINGS OF A SUMMARY COURT-MARTIAL.
Q. J Z. S , seaman, U. S. Navy, you have heard the
specification preferred against you; how say you to the specification,
guilty or not guilty?
A. Not guilty (or, guilty; or, guilty except as to the words
" * * */' to which words, not guilty; or, the accused stood mute.)
(In case the accused pleads guilty.) The accused was duly warned
as to the effect of his plea, and persisted therein.
Warning upon plea of guilty .—In case the accused pleads guilty, he shall be warned
by the senior member that by so doing he deprives himself of the benefits of a regular
defense and can only introduce evidence in extenuation or as to character. See notes
following the arraignment, general court-martial.
When warning not given.— This warning will, of course, not be given when, as Is
sometimes the case, the prosecution intends, notwithstanding the plea of guilty, to intro-
duce evidence to show the degree of criminality involved.
The prosecution began.
Accused pleads guilty.— If the accused pleads guilty the foregoing sentence shall
be omitted unless the prosecution offers evidence as to the degree of criminality.
Member or recorder as witness.— If a member or the recorder is called as a witness,
the record must show that upon the conclusion of his testimony he resumed his status
as member or recorder.
Testimony of member or recorder taken first.- The testimony of a member or the
recorder should be taken before any other evidence is received.
Senior member as witness. — If the senior member becomes a witness, the member
next in rank shall administer the oath and preside until the witness resumes his status
as senior member.
Recorder as witness. — If the recorder is a witness, he shall record his own testimony.
Each case to show members and recorder sworn.— When more than one case is tried
by the court the record in each case must show that the members and recorder were duly
sworn.
A witness for the prosecution was duly sworn and testified as follows :
Var. The senior member was called as a witness for the prosecution
and, having been duly sworn by the member next in rank, testified as
follows:
Examined by the recorder:
1 . Q. what is your name and rate (rank) ?
A. R E. W , boatswain's mate, second class, U. S. Navy.
2. Q. As whom do you recognize the accused?
A. I recognize him as J Z. S , seaman, U. S. Navy,
serving on board the U. S. S. Hancock, at the navy-yard, New York.
3. Q. * * *
A H« T" •!•
Cross-examined by the accused (counsel) :
7. Q. * * *
A. * * * (See steps in examination of witness, pp. 25, 26, and notes.)
The court did not desire to question this witness.
The witness verified his testimony, was duly warned, and withdrew.
Var. testimony and then resumed his status as mem-
ber (or, senior member, or, recorder).
Testimony of witness read.— The recorded testimony of a witness shall be read to
or by him in order that he may verify, correct, or amend it; in so doing the procedure
under general court-martial shall be followed.
PKOCEEDINGS OF A SUMMARY COURT-MARTIAL. 159
Warning to witness.— Before a witness withdraws from the court room the senior
member shall warn him not to converse upon matters pertaining to the trial during its
continuance. This warning shall not be given to a member, to the recorder, to the
accused or to his counsel, if any.
A witness for the prosecution entered and was duly sworn.
Examined by the recorder:
1 . Q. What is your nanie and rank (rate) ?
A. J A. R , lieutenant, U. S. Navy.
2. Q. As whom do you recognize the accused?
A. As J Z. S , seaman, U. S. Navy.
3. Q. * * *
A 5|C 5i< JjC
Neither the ^accused nor court desired to question this witness.
The witness verified his testimony, was duly warned, and withdrew.
The prosecution rested.
If prosecatlon Introduces no evidence.— In case no evidence for prosecution is
offered, foregoing sentence shall be omitted.
The defense began.
Var. The accused did not desire to offer any evidence in his
defense or to make a statement.
A witness for the defense entered and was duly sworn.
Preliminary questions.— The witnesses for the defense will first be questioned by the
recorder for the purpose only of determining the identity of such witnesses and to estab-
lish whether or not they recognize the accused.
Examined by the recorder:
1. Q. What is your name and rank?
A. M G. R , lieutenant, U. S. Navy.
2. Q. As whom do you recognize the accused?
A. As J Z. S , seaman, U. S. Nav}^
Examined by the accused (counsel) :
3. Q. * * *
j^ * * * (See order of examining witness for defense, p. 34.)
Neither the recorder nor the court desired to question this witness.
The witness verified his testimony, was duly warned, and withdrew.
The accused, at Ms own request, was duly sworn and testified as
follows :
Accused as witness.— The law provides that the accused shall, at his own request,
but not otherwise, be a competent witness, and shall be allowed to testify in his own
behalf; and his failure to make such request shall not create any presumption against him.
Examined by the recorder:
1. Q. What is your name and rate?
A. J Z. S , seaman, U. S. Navy, stationed on the
U. S. S. Hancock.
160 PROCEEDINGS OF A SUMMARY COURT-MARTIAL.
Examined by the accused (counsel) :
2. Q. State the facts concerning the offense with which you are
charged.
A 5|C 5J» 5J>
3. Q. * * *
A <* *t* *i*
Status of accused when a witness. — The accused as a witness occupies no exceptional
status; he is subject to cross-examination, and his testimony is subject to the same rules
of evidence that apply to other testimony. (See Notes on Evidence, ante.)
Neither the recorder nor the court desired to question this witness.
The witness verified his testimony, and resumed his status as
accused.
The defense rested.
No defense.— In case no defense is offered, the foregoing sentence shall be omitted.
No rebuttal or surrebuttal.— The following references to rebuttal and surrebuttal
shall be omitted if there is no evidence thereunder.
The rebuttal began.
A witness for the prosecution in rebuttal was duly sworn and
testified as follows:
Examined by the recorder:
1 . Q. What is your name and rate ?
A. J R. G , ordinary seaman, U. S. Navy.
2. Q. As whom do you recognize the accused?
A 5jC SJJ 5jC
Order of examination.— The examination follows the same order as in the case of other
witnesses for the prosecution.
The rebuttal ended.
The surrebuttal began.
A witness for the defense in surrebuttal, duly cautioned as to his
previous oath, testified as follows:
Witness recalled warned as to previous oatli.— A witness who has been before the
court in the case under consideration and duly sworn, and who is subsequently recalled
to testify, need not be resworn. He should be warned by the senior member that the
oath previously administered is still binding, and a note thereof made in the record.
Examined by the accused (counsel) :
1. Q. What is your name and rank?
A. M G. R , lieutenant, U. S. Nav>\
2. Q. * * *.
A SJC ?{C 5JC
The surrebuttal ended.
The accused did not desire to make a statement.
Var. made an oral statement in substance as follows (here
insert statement) .
Substance of oral statement entered.— Neitherwritten defense nor argument, nor any
protracted oral defense, should be admitted, but the substance of any oral statement
may be entered on the record.
PROCEEDINGS OF A SUMMARY COURT-MARTIAL. 161
The defense rested.
The trial was finished.
The recorder stated that he had no evidence of previous con-
victions, and that the pay of the accused is $ a month, and that
on January — , 19 — , there was due him $ {or, he was in debt to
the United States $ ) .
Var. that he had evidence of previous convictions, .
The court was cleared.
The recorder was recalled and directed to record the following finding:
^'The specification proved."
Var. 1. proved by plea.
Var. 2. not proved, and the court acquits him, the said
. J Z, S , seaman, United States Navy, of the offense
(offenses) specified.
Var. 3. proved in part; proved except the words
" ," which words are not proved, and for the excepted
words the court substitutes the words " ," which words
are proved.
Finding and sentence written by recorder.— The finding and sentence must be en-
tered on the record in the handwriting of the recorder and must be without erasure or
interhneation.
Care in drawing up finding.— In drawing up the finding under variation 3, care
should be taken to state exactly what words are not proved and what words are sub-
stituted.
The court was opened and all parties to the trial entered.
There being no objection, the recorder read from the current
enlistment record of the accused an extract showing previous con-
viction, copy appended, marked '' — ." (See pp. 31 and 41.)
Approval of convictions.— The approval of the Department is unnecessary on sum-
mary court cases tried subsequent to February 16, 1909.
Certified copy appended.— Extracts from the enlistment record shall not be written
into the body of the proceedings, but an appended certified copy shall be used. (See
p. 41.)
Conduct record read.— By direction of the senior member, the conduct record of the
accused may be read by the recorder and certified copy appended.
The court was cleared.
The recorder was recalled and directed to record the following sen-
tence in the case of J Z. S , seaman, United States Navy:
Solitary confinement on bread and water for eight (8) days, with
full ration every third (3d) day, and to lose pay amounting to thirty
(30) dollars.
A R. K
Lieutenant, JJ. 8. Navy, Senior Member.
J M. D ,
Lieutenant, U. S. Navy, Member.
G B. W ,
First Lieutenant, U. S. Marine Corps, Member.
J H: R ,
Ensign, U. S. Navy, Recorder,
8483—10 11
162 PROCEEDINGS OF A SUMMARY COURT-MARTIAL.
Authorized punishments.— Article 30 of the Articles for the Government of the Navy,
as amended by the acts of May 13, 1908, and February 16, 1909, prescribes the punish-
ments that a summary court-martial may inflict, and is as follows:
" Summary courts-martial may sentence petty officers and persons of inferior ratings
to any one of the following pvmishments, namely:
"(1) Discharge from the service with bad conduct discharge; but the sentence shall
not be carried into effect in a foreign country.
"(2) Solitary confinement, not exceeding thirty days, on bread and water or on
diminished rations.
"(3) Solitary confinement not exceeding thirty days.
"(4) Confinement not exceeding two months.
"(5) Reduction to the next inferior rating.
"(6) Deprivation of liberty on shore on foreign station.
" (7) Extra police duties and loss of pay, not to exceed three months, may be added to
any one of the above-mentioned pimishments."
Article 30 construed.— The act of February 16, 1909, provides "that the courts
authorized to impose the punishments prescribed by article thirty of the Articles for the
Government of the Navy may adjudge either a part or the whole, as may be appropriate,
or any one of the punishments therein enumerated: Provided, That the use of irons,
single or double, is hereby abolished, except for the purpose of safe custody or when part
of a sentence imposed by a general court-martial." The effect of the foregoing is con-
strued to permit the imposition under the amended second clause, above, of a sentence
of confinement, not exceeding thirty days, on bread and water; and also to permit sen-
tences involving extra police duties alone, or loss of pay alone.
Bread and water.— Summary courts shall exercise care and discretion in resorting to
the punishment of confinement on bread and water, and shall not adjudge it in any case
for a longer period, consecutively, than five days. As a shorter interval is less likely to
work injury to health, the maximum interval allowed should be adjudged only in cases
of maximum offenses.
Disrating.— In disrating the court should be careful to observe that the next inferior
rating is that set forth in the table entitled "Classification for disrating" as found in the
Navy Regulations, unless the man's current enlistment record shows that he was pro-
moted to his present rate from some inferior rating other than the one indicated by the
table, in which case his reduction shall be to the inferior rating from which he was last
advanced, and it shall be so stated in the record.
Incompetency.— In the case of a person found guilty of incompetency, the sentence
of disrating is mandatory and the only authorized punishment therefor.
Deprivation of liberty. — A sentence of " deprivation of liberty" is illegal unless the
words "on shore on foreign station" are added, and the court in adjudging such sentence
shall not exceed the limit of three months.
Loss of pay.— As stated above, loss of pay alone may be adjudged as a sentence; and
in all cases where loss of pay is involved the amount of money and not the length of time
shall be stated, having due regard to the fact that not more than three months' loss of
pay may be imposed.
Extra police duties.— Except where the offender is serving on a receiving ship or at
a shore station, sentences involving extra police duties are undesirable.
Phraseology employed.— Where the legal term of confinement is limited to "thirty
days," the exact phraseology should be employed in adjudging a sentence involving
confinement for such maximum period. A sentence of " solitary confinement not exceed-
ing one month," for example, would be irregular and improper, as the article above
quoted prescribes thirty days as the maximum, while one month might be in excess of
the limit so fixed.
In consideration of his previous -good record we recommend the
accused in this case to the clemency of the revising authority.
Var. 1. his youth and inexperience .
YjI^r^ 2. the attending circumstances of provocation {or, as
the case may be) .
J M. D ,
Lieutenant, TJ. S. Navy, Member.
G B. W ,
First Lieutenant, TJ. S. Marine Corps, Member.
PROCEEDINGS OF A SUMMARY COURT-MARTIAL. 163
The court then adjourned to await orders from the convening
authority.
Var. 1. took up the next case.
Var. 2, adjourned to meet .
R. K-
Lieutenant, U. S. Navy, Senior Member.
J H. R ,
Ensign, U S. Navy, Recorder.
U. S. S. Hancock,
Navy- Yard, New York,
January ^, 19 — .
From an examination of J Z. S , seaman, U. S. Navy,
and of the place where he is to be confined, I am of opinion that the
execution of the above sentence would (not) produce serious injury
to his health.
B N. J ,
Surgeon, U. S. Navy,
Senior Medical Officer on Board.
m
Certificate of medical officer.— Whenever any person is sentenced for a period exceed-
ing ten days to confinement on diminislied rations, or on bread and water, there must
appear on the record of the proceedings the certificate of the senior medical officer under
the immediate jurisdiction of the convening authority, to the effect that such sentence
will not be seriously injurious to the health of the prisoner.
Duty of convening autliority.— It is the duty of the convening authority either to
remit any part or the whole of any sentence, the execution of which would, in the opinion
of the surgeon or senior medical officer on board, given in writing, produce serious Injury
to the health of the person sentenced; or to submit the case again, without delay, to the
same or to another summary court-martial, which shall have the power, upon the testi-
mony already taken, to remit the former punishment and to assign some other of the
authorized punishments in the place thereof.
U. S. S. Hancock,
Navy- Yard, New York,
January — , 19 — .
The proceedings and sentence in the foregoing case of J Z.
S , seaman, U. S. Navy, are approved.
D B. W ,
Captain, U. S. Navy,
Commanding U. S. S. Hancock.
Power of revising autliority.— The convening or other revising authority has full
power to remit or mitigate, but not to commute, any sentence or part thereof.
Sentences involving bad conduct discharge and loss of pay. — Such sentences
should be so mitigated if necessary, as to leave the man sufficient money for his imme-
diate needs after his separation from the service.
Var. 1. The proceedings and sentence in the foregoing case of
J Z. S , seaman, U. S. Navy, are approved, but the
period of confinement is reduced to days.
(a) but in view of the recommendation to clemency the
loss of pay is reduced to dollars. ""
164 PROCEEDINGS OF A SUMMARY COURT-MARTIAL.
(b) but in view of the opinion of the medical officer, above
recorded, the confinement is remitted and the accused will be
released from confinement and restored to duty.
(c) but the loss of pay is remitted.
Var. 2. The proceedings in the foregoing case of J — Z.
S , seaman, U. S. Navy, are approved. The sentence is disap-
proved because . The accused will be released from confine-
ment and restored to duty.
Var. 3. The proceedings in the foregofng case of J Z.
S , seaman, U. S. Navy, are disapproved because .
The sentence is disapproved. The accused will be released from
confinement and restored to duty.
Var. 4. The proceedings and acquittal in the foregoing case of
J Z. S , seaman, U. S. Navy, are approved. He will be
released from confinement and restored to duty.
Var. 5. The proceedings in the foregoing case of J Z.
S , seaman, U. S. Navy, are approved. The acquittal is
disapproved. He will be released from confinement and restored to
duty.
Var. 6. The court will reconvene, as soon as practicable, in the
case of J Z. S , seaman, U. S. Navy, for the purpose of
revising its sentence which is not, in my opinion, adequate to the
offense found proved. (See notes under " Order for Revision," post.)
(a) as the sentence adjudged is not one which the court is
authorized to impose.
(b) as the sentence will, in the opinion of the senior
medical officer on board, be seriously injurious to the health of the
accused.
(c) for the purpose of revising its finding, which is not in
accord with the evidence adduced.
(d) for amendment in the following particulars .
(e) as there is no evidence to support the finding that the
absence of the accused was "without leave."
(f) as there is no evidence to support the finding that the
possession by the accused of intoxicating liquor on board ship was
''unlawful."
Synopsis of conduct spread upon record.— In every case where a sentence involving
bad conduct discharge has been imposed it shall be the duty of the officer ordering the
court, before acting upon the proceedings, to spread upon the record a brief synopsis of
the service of the person tried and of the offenses committed by him during his current
enlistment.
U. S. S. Hancock,
Navy- Yard, New York,
January — , 19 — .
The enlistment record of J Z. S , seaman, U. S. Navy,
shows that he has served in the navy years and months.
During his current enhstment, beginning March 15, 1908, he has com-
mitted the following offenses: March 31, 1908, forty-eight hours over
liberty; June 7, 1908, clothes in lucky bag; June 18, 1908, absent
from quarters; July 10, 1908, shirking; * * * January 20, 1909,
absent without leave eight days.
PROCEEDINGS OF A SUMMARY COURT-MARTIAL. 165
Var. he has committed no offense prior to the one for
which he has been tried in this case (or, as may be).
The proceedings and, in view of the above, the sentence in the
foregoing case are approved.
Var. 1. The proceedings are approved but, in view of the above,
the sentence in the foregoing case is disapproved. The accused will
be released from confinement and restored to duty.
Var. 2. The proceedings and sentence in the foregoing case are
approved but, in view of , so much of the sentence as involves
bad conduct discharge is remitted.
(a) : — as involves bad (onduct discharge is disapproved.
(b) as involves loss of pay is remitted.
D-^ B. W ,
Captain, U. S. Navy,
Commanding U. S. S. Hancock.
Sentences executed on approval of senior officer present.—The act of February 16,
1909, provides that all sentences of summary courts-martial may be carried into effect
upon the approval of the senior officer present. This provision includes loss of pay.
Execution of sentence involvinar bad conduct dIscliarge.—Upon approval of the
senior officer present, sentences of bad conduct discharge in the cases of enlisted men of
the navy serving in their first enlistment may be carried into effect, but only within the
continental limits of the United States. Men in the insular force, so sentenced, may be
discharged in the Philippine Islands, Samoa, or Guam, depending upon the place of
enlistment, after similar approval.
Restriction as to discharg^e.^Enlisted men of the navy serving in a second or sue
ceeding enlistment, and enlisted men of the Marine Corps, shall not be discharged pur-
suant to a sentence of bad conduct discharge until an order therefor is received from
the Bureau of Navigation or the Commandant of the Marine Corps, respectively.
Action of tlie revising authority.
Navy- Yard, New York,
January — , 19 — .
The proceedings and sentence in the foregoing case of J Z.
S , seaman, U. S. Navy, are approved.
Power of mitigation vested in whom,— All powers of mitigation vested in the con-
vening authority may be exercised by the commander in chief or, in his absence, by
the senior officer present.
Commandant as senior officer present. — The commandant acts as senior officer
present upon summary courts convened by himself, and upon those convened by officers
directly under his command, including those convened by the commanding officers
of vessels permanently attached to the yard and of vessels there stationed in the second
reserve.
Senior officer present of vesseis at navy-yard.— When the convening authority is
the commanding officer of a cruising vessel in commission temporarily at a navy-yard,
the commander in chief or, in his absence, the senior officer of the cruising vessels there
present, and not the commandant of the yard, is the authority whose approval of the
proceedings and sentence is necessary before the latter may be carried into execution.
, Action in case of acquittal — In cases where the accused has been acquitted by the
court, or where the sentence has been disapproved by the convening authority, the
record of proceedings shall be submitted to the senior officer present in the same manner
as though a sentence requiring action still remained.
Var. 1. The proceedings, and sentence as mitigated, in the
foregoing case of , are approved.
Var. 2. The proceedings in the foregoing case of are
approved. The sentence is disapproved (for the reason that ).
(a) The sentence is approved, but the loss of pay is remitted.
166 PEOCEEDINGS OF A SUMMARY COUET-MARTIAL.
(b) The sentence is approved, but the period of confinement is
reduced to days.
(For other variations, see action of convening authority.)
G F. C ,
Rear- Admiral, U. S.Navy, Commandant.
(Or)
E X. T ,
Rear-Admiral, U. S. Navy,
Commander in Chief, U. S. Atlantic Fleet.
(Or)
L P. M ,
Rear-Admiral, U. S. Navy,
Commander Third Squadron, U. S. Atlantic Fleet,
Senior Officer Present.
(Or)
P S. R ,
Captain, U. S. Navy,
Commanding U. S. S. Maryland,
Senior Officer Present.
(Or, for captain of yard in absence of commandant.)
D M. C ,
Published.
Captain, U. S. Navy, Commanding,
Senior Officer Present.
Loss of pay, $9. 40, checked.
D C. B ,
Lieutenant, U. S. Navy,
Executive Officer.
N W. D ,
Paymaster, U. S. Navy.
Order to the pay officer.— Records of summary courts-martial and deck courts shall
show, over the signature of the pay officer having the pay accounts of the accused, that
the loss of pay, if there be any adjudged and approved, has been checked. In order to
enable the pay officer to make the necessary certificate, the commanding officer shall
forward with the record the requisite order for the checkage; such order shall be in du-
plicate, one copy of which shall be sent immediately to the Auditor for the Navy Depart-
ment. The order shall contain the following information: Name, rate, date of trial,
offense (condensed as much as possible), and sentence as finally approved. If the offense
is absence over leave or absence without leave, the dates of the beginning and ending of
the unauthorized absence shall be stated.
Specimen specifications for summary courts- martial.
1. Absence without leave.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, did, on or about the twentieth day of April, nineteen hundred and nine,
without proper authority, absent himself from his station and duty on board said
ship, and did remain so absent until the twenty-sixth day of April, in the year
aforesaid.
No charge to be used.— The headings preceding these specifications are intended
only as a guide and are in no case to precede an actual specification.
PROCEEDINGS OF A SUMMARY COURT-MARTIAL. 167
2. Absence without leave; attempted.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship , at , ,
did, at or about eleven hours postmeridian on the eighteenth day of May,
nineteen hundred and nine, endeavor to leave said ship without authority by
attempting to jump overboard therefrom.
3. Absence without leave; to avoid guard or draft.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship , at the navy-yard,
, , did, on or about the second day of July, nineteen hundred and
nine, leave his station and duty without proper authority and with the intention
of avoiding transfer to the United States ship , to which vessel he had been
detailed for service, and did remain so absent until the seventh day of the month
and year aforesaid, when he returned on board the said ship .
4. Absence without leave; missing ship.
Spedfication. — In that , a seaman in the United States Navy, attached to
and serving on board the United States ship , in Cape Cod Bay, Massa-
chusetts, having been granted leave of absence from the said ship which expired
at seven hours antemeridian on the sixth day of July, nineteen hundred and nine,
the said ship then being at Boston, Massachusetts, did fail to return to the said
ship at the expiration of the said leave of absence; and furthermore, that he, the
said , seaman. United States Navy, did miss his ship at the said port
and did remain absent from his ship, station, and duty without permission from
proper authority until at or about seven hours postmeridian, on the tenth day of
the month and year aforesaid, when he was returned on board the said ship, then
at Provincetown, Massachusetts, from the United States ship .
5. Absence without leave; over twenty-four hours.
Specification. — In that , a quartermaster, second class, in the United
States Navy, attached to and serving on board the United States ship , at
the navy-yard, , , was, on or about the nineteenth day of June,
nineteen hundred and nine, absent from his station and duty on board said ship
after his leave had expired, and did remain absent therefrom, without permission
from proper authority, for a period of about twenty-four hours.
6. Absence without leave; returning in civilian clothes.
Specification. — In that , an apprentice seaman in the United States
Navy, attached to the United States ship , and serving at the naval training
station, , , did, at about one hour postmeridian on the seventh day
of August, nineteen hundred and nine, absent himself from his station and duty,
having left said station without proper authority, and did remain so absent until
about eleven hours antemeridian, on the eleventh day of the month and year
aforesaid, when he reported on board in civilian clothing.
7. Absence without leave; surrendering at another station.
Specification. — In that , a coal passer in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, having been granted liberty by proper authority, while attached to and
serving on board the United States ship , at Callao, Peru, until the third day
of January, nineteen hundred and nine, did fail to return on the said date
168 PROCEEDINGS OF A SUMMARY COURT-MARTIAL.
and did remain absent from his station and duty without proper authority until
the third day of June, of the year aforesaid, when he surrendered in civilian
clothing on board the United States ship at Corinto, Nicaragua.
8. Absence without leave; using wrong name returning.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship , at the navy-yard,
, , did, on or about the seventeenth day of June, nineteen hundred
and nine, absent himself from his station and duty without proper authority,
and did remain so absent until at or about one hour and twenty minutes ante-
meridian, on the eighteenth day of the month and year aforesaid, when he returned
on board and attempted to check in from liberty under the name of '
ordinary seaman, United States Navy, also attached to the aforesaid vessel.
9. Absence without leave; using wrong name going.
Specification. — In that , a fireman second class. United States Navy,
attached to and serving on board the United States ship , did, at or about
five hours postmeridian on or about the twenty-sixth day of May, nineteen hun-
dred and nine, at the navy-yard, , , absent himself from said ship
without proper authority by giving the name of one , and did remain
so absent from his station and duty until some time before nine hours antemeridian
on the twenty-sixth day of the month aforesaid.
10. Disobedience, deliberate.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship , at anchor off
Tompkinsville, Staten Island, New York, having on the sixteenth day of June,
nineteen hundred and nine, been ordered by , chief master at arms,
United States Navy, attached to said ship, to go on the berth deck of said ship
and perform extra duty in accordance with the sentence of a summary court-
martial, did refuse to obey and did wilfully disobey the said lawful order of said
Chief Master at Arms , who was then and there in the execution of his
office.
11. Disorderly conduct.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the United States Marine Barracks, Naval Academy,
Annapolis, Md., was, on the fourth day of June, nineteen hundred and nine,
drunk and disorderly in the town of Annapolis, Md., and did use abusive and
obscene language toward , at the aforesaid time and place.
12. Disrespect to petty officer.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship , then in dry dock
at Shanghai, China, did, on or about October eighteenth, nineteen hundred and
eight, use abusive language toward , master at arms first class. United
States Navy, attached to said ship, who was then and there in the execution of
his office.
13. Drugs in possession.
Specification. — In that , an ordinary seaman in the United States Navy,
attached to and serving on board the United States ship at the naval
training station, San Francisco, California, was, at or about two hours and thirty
PROCEEDINGS OF A SUMMARY COURT-MARTIAL. 169
minutes postmeridian on the seventh day of July, nineteen hundred and nine,
under the influence of cocaine, and, furthermore, that he , ordinary
seaman, United States Navy, did, at or about the aforesaid time, unlawfully
have cocaine in his possession.
14. Drunk, from liberty.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , was,
on the fifteenth day of April, nineteen hundred and nine, on his retiun to said
barracks from liberty, drunk and unfit for duty.
15. Drunk, off duty.
Specification. — In that , a private in the United States Marine Corps,
attached and serving on board the United States ship , at the navy-yard,
, , was, at said navy-yard, on the thirteenth day of August, nineteen
hundred and eight, under the influence of intoxicating liquor, and thereby unfit
for duty.
16. Drunk, on guard.
Specification. — In that , a private in the United States Marine Corps,
attached "to and serving at the marine barracks, navy-yard, , , was,
on the morning of the twenty-second day of November, nineteen hundred and
eight, while acting as corporal of the guard at said yard, drunk on guard.
17. Drunk, on post.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , having,
on the eighteenth day of July, nineteen hundred and eight, been regularly posted
as a sentinel at the lyceum at said navy-yard, was drunk while on said post.
18. Failure to obey.
Specification. — In that , a water tender in the United States Navy,
attached to and serving on board the United States ship , then lying at
anchor in Magdalena Bay, Mexico, having received an order from Machinist
, United States Navy, at or about five hours postmeridian on the nineteenth
day of March, nineteen hundred and nine, to have certain bunkers of said ship
swept out during the watches of that night, did fail to obey said order which had
not been executed at five hours and forty-five minutes antemeridian on the twen-
tieth day of March in the year aforesaid.
19. Falsehood.
Specification. — In that , a master at arms, third class, in the United
States Navy, attached to and serving on board the United States ship , at
the navy-yard, Boston, Massachusetts, did, at or about two hours and twenty
minutes antemeridian on the first day of June, nineteen hundred and nine, enter
the warrant ofiicer's pantry of the said ship without proper authority; and,
furthermore, that he, the said , master at arms, third class. United States
Navy, did, after having been questioned by the executive ofiicer of said ship,
Lieutenant-Commander , United States Navy, as to who had accompanied
him on the occasion specified, state that he was not accompanied by any person,
which statement was knowingly false and intended to deceive.
170 PKOCEEDIKGS OF A SUMMARY COURT-MARTIAL.
20. Incompetency.
Specification. — In that , a coxswain in the United States Navy, attached
to and serving on board the United States ship at Callao, Peru, and detailed
in charge of the steam launch of said ship, did, at or about nine hours antemeridian
of the fifth day of April, nineteen hundred and nine, while endeavoring to bring
said launch alongside the starboard gangway of said ship, fail to handle said
launch in a competent manner, and did thereby ram said gangway and destroy
the lower grating thereof:
And furthermore, that the said did, at or about two hours postmeridian of the
seventh day of April in said year and at the said place, while endeavoring to take
said launch to the starboard quarter-boom of said ship, fail to handle said launch
in a competent manner, and did thereby injure said boom and the canopy of said
launch: (Other specific acts of incompetency may be further alleged.)
And the said was, as above specified, incompetent in the performance of the
duties of his rating.
21. Leaving post before regularly relieved.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , having
at or about eleven o'clock postmeridian on the fourth day of June, nineteen hun-
dred and nine, been regularly posted as a sentinel on post number four at said
navy-yard, did, at or about one o'clock antemeridian on the fifth day of said
month, leave said post before being regularly relieved.
22, Liquor in possession.
Specification. — In that , a seaman in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, did, at about one hour and fifteen minutes postmeridian, on the second
day of February, nineteen hundred and nine upon returning to said ship from
liberty, unlawfully have in his possession a flask of intoxicating liquor.
23. Liquor, smuggling.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on the thirtieth day of August, nineteen hundred and eight, smuggle into said
navy-yard two bottles of intoxicating liquor.
24. Neglect op duty.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , having
at or about five hours ahtemeridian on the seventeenth day of January, nineteen
hundred and nine, been regularly posted as a sentinel over prisoners confined in
the cell passage at said barracks, the three doors leading to the passage being
locked and the keys thereof in the possession of the corporal of the guard, did never-
theless, at about five hours and forty-five minutes antemeridian on the day afore-
said, suffer a prisoner confined in said passage, , private. United States
Marine Corps, to escape by way of the door leading from said passage to the arcade
of the said barracks; and the said did thereby neglect his duty as sentinel
on said post.
PEOCEEDINGS OF A SUMMARY COURT-MARTIAL. 171
25. Resisting arrest.
S specification. — In that , an ordinary seaman in the United States Navy,
attached and serving on board the United States ship , at the navy-yard,
, , did, at about four hours and thirty minutes postmeridian on the
twenty-fourth day of August, nineteen hundred and eight, while being placed in
confinement by , master at arms, first class. United States Navy,
forcibly resist arrest.
26. Sitting down on post.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , having
been regularly posted as a sentinel on post fourteen at said yard, did, at or about
seven hours antemeridian of the eleventh day of June, nineteen hundred and
nine, sit down while on said post.
27. Sleeping on post.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , having,
on the seventh day of August, nineteen hundred and eight, been regularly posted
as a sentinel on post number five at said yard, did sleep while on said post.
28. Sleeping on watch:
Specification. — In that , a quartermaster, first class, United States Navy,
attached to and serving on board the United States ship , then at anchor off
Shanghai, China, did, while on watch on board said ship, from midnight of June
eleventh., to four hours antemeridian of June twelfth, nineteen hundred and nine,
sleep while on said watch.
29. Theft.
Specification. — Tn that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
on the fifteenth day of August, nineteen hundred and eight, feloniously take, steal,
and carry away from the locker of , private, United States Marine
Corps, money to the amount of one dollar and eighty-nine cents, the property of
the said , attached to said barracks, and did then and there appropriate the
same to his own use.
30. Unlawfully having in possession property of another.
Specification. — In that , an ordinary seaman in the United States Navy,
attached and serving on board the United States ship , at Boston, Massa-
chusetts, did, on the sixth day of May, nineteen hundred and nine, unlawfully
have in his possession, one overshirt of about two dollars and sixty cents in value,
the property of , ordinary seaman. United States Navy, and one pair of
white trousers of about one dollar and fifteen cents in value, the property of
, ordinary seaman, United States Navy.
'31. Using obscene and threatening language to another person.
Specification. — In that , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , did,
at about nine hours and thirty minutes postmeridian on the twenty-first day of
December, nineteen hundred and nine, use obscene and threatening language
toward Sergeant , United States Marine Corps, the sergeant of the
guard at said barracks.
172 PEOCEEDINGS OF A SUMMAKY COURT-MARTIAL.
32. Using threatening, abusive, and obscene language.
Specification. — In that , a coal passer in the United States Navy, attached
to and serving on board the United States ship , at the navy-yard, ,
, having on or about the twenty-second day of November, nineteen hundred
and eight, been ordered by , chief boatswain's mate. United States
Navy, attached to said ship, to remove certain clothes belonging to him, the said
, from a towel line on board said ship, did use obscene and threatening
language toward the said , who was then and there in the execution
of his office.
33. Wilful destruction op public property.
Specification. — In that — , a private in the United States Marine Corps,
attached to and serving at the marine barracks, navy-yard, , , having
on or about the twenty-fifth day of September, nineteen hundred and eight, been
placed in confinement in the prison at said barracks, did wilfully break the glass
in the window of the cell in which he was confined.
RECORD OF PROCEEDINGS IN REVISION
OF A
Summary Court-Martial
IN THE CASE OP
J Z. S , seaman, U. S. Navy.
U. S. S. Hancock^
Navy- Yard, New York,
February — , 19 — .
Record in revision. — The proceedings in revision must form a separate and complete
record which should he prefixed to the record of which it is a revision.
173
Order for revision.
U. S. S. Hancock,
Navy- Yard, New York,
February — , 19 — .
Sir: The summary court-martial before which J Z. S , seaman, U. S.
Navy, was tried will reconvene as soon as practicable and will reconsider its sentence
in his case as it is not, in my opinion, adequate to the offense found proved.
Var. 1. as it is not one which the court is authorized to
adjudge.
Var. 2. as its execution will, in the opinion of the medical
officer, produce serious injury to his health.
Var. 3. reconsider its finding and sentence, as the finding
is not in accord with the evidence adduced.
Var. 4. reconsider its record in the following particulars:
Var. 5. reconsider its record in his case and make such
corrections as are warranted by the facts in the following particu-
lars: On page 14, it does not appear that the witness, ,
was duly sworn; on page 20, it does not appear that the accused
entered when the court was opened.
(See further variations under action of convening authority.)
D B. W
Captain, U. S. Navy, Commanding U. S. S. Hancock.
Lieut. A- R. K , U. S. Navy,
Senior Member.
Revising authority to scrutinize record. — Upon receipt of the record of a court-
martial the reviewing officer shall proceed at once to scrutinize the same, in order to
return it for revision, if such course be necessary, before the dissolution of the court.
No new testimony admitted.— When a court is ordered to revise its proceedings no
new testimony shall be brought forward in any shape.
Revision confined to matters of record.— The revision shall be strictly confined to
a reconsideration of the matter already recorded in the proceedings, no part of which
is to be amended, altered, or annulled in any way.
Separate record.— During the revision an entirely separate record shall be kept, to
which the order for reassembling must be prefixed.
How record returned. — The record may be returned for revision by means of indorse-
ment. (See action of the convening authority.)
Record of revision.— A full entry shall be made of all the proceedings, verified by the
signatures of the members and the recorder, and upon completion the entire record be
transmitted to the reviewing officer.
U. S. S. Hancock,
Navy- Yard, New York,
February — , 19 — .
The 'court met at 10 a. m., pursuant to an order hereto prefixed,
marked ''A," which was read by the recorder.
Var. piu-suant to an order contained in the indorsement
of the convening (reviewing) authority on the case, dated February
— , 19 — , which was read by the recorder.
Present: All the members and the recorder.
The recorder withdrew.
175
176 PROCEEDINGS OF A SUMMARY COURT-MARTIAL.
Recorder excluded.— The recorder shall be excluded from the court room during a
revision of the finding and sentence of the court.
What record must show.— If the court be reconvened to amend or otherwise remedy
a defect or omission in the record, which may be done if the facts warrant, the record
must show that all members of the court, the recorder, and the accused (with counsel,
if any) were present, and that the amendment was then made to conform to and express
the truth in the case.
Presence of accused.— If the court be reconvened to correct clerical errors the accused
need not be present, nor shall he be present during the revision of any matters that
occurred in closed court.
Correction of clerical errors.- Clerical errors are not to be corrected in an informal
manner by erasure or interlineation. The legal procedure is for the court to continue
* the record by a report of the proceedings in revision when the amendment is made.
Revision by a different court.— The only case in which a revision may be had by a
summary court-martial other than the one which sat originally is where the medical
officer certifies that the execution of the original sentence would be seriously injurious
to the health of the accused. In such a case the new court is restricted in its action to
the reviewal of the record of the former trial and a redetermination of the sentence. No
further testimony may be admitted.
(See also Revision, general court-martial.)
The recorder was recalled and directed to record that the court
decided to revoke its former sentence in the case of J Z.
S , seaman, U. S. Navy, and to substitute therefor the following
sentence: .
Var. 1. revoke its former finding in the case of J Z.
S , seaman, U. S. Navy, and to substitute therefor the follow-
ing finding: The specification proved in part, proved except, etc.
The court respectfully adheres to its former sentence.
Var. 2. decided respectfully to adhere to its former find-
ing {or, finding and sentence; or sentence).
Var. 3. decided to correct the following clerical errors:
On page 7, by inserting between lines 10 and 11 the follow-
ing: " ."
(a) On page 9, by omitting from lines 16 and 17 the following:
(b) On page 20, by striking out the words ' ' ," lines 5
to 9, inclusive, and substituting therefor the words ' ' ."
A R. K ,
Lieutenant, TJ. S. Navy, Senior Member.
J M. D ,
Lieutenant, TJ. S. Navy, Member.
G B. W ,
First Lieutenant, TJ. S. Marine Corps, Member.
J H. R ,
Ensign, TJ. S. Navy, Recorder.
The court took up the next case.
Var. 1. adjourned to meet .
Var. 2. adjourned to await orders from the convening
authority.
Var. 3. proceeded with the trial of .
A. R. K
Lieutenant, TJ. S. Navy, Senior Member.
J H. R ,
Ensign, U. S. Navy, Recorder.
(Here follow the indorsements of the convening and reviewing authorities, as
previously indicated.)
DECK COURTS.
8483—10 12 177
Deck Court.
U. S. S. Salem,
Navy- Yard, New York,
Augusts, 1909.
Lieut. A B. C , U. S. Navy, is hereby ordered as deck
court to try J K. B , coal passer, U. S. Navy, for the
following offense:
By whom ordered. —Deck courts for the trial of enlisted men in the Navy and Marine
Corps for minor offenses may be ordered by the commanding officer of a naval vessel,
by the commandant of a navy-yard or station, by a commanding officer of marines, or
by higher naval authority. After consideration of reports against enlisted men for
offenses not warranting punishment more severe than such court is authorized to adjudge,
the officers herein mentioned shall, in their discretion, cause the offenders to be brought
before a deck court.
Composition and authority.— A deck court shall consist of one commissioned officer
only, who, while serving in such capacity, shall have power to administer oaths, to hear
and determine cases, and to impose, in whole or in part, the punishment prescribed by
article 30 of the Articles for the Government of the Navy, but in no case shall a deck
court adjudge discharge from the service, nor shall it adjudge confinement or forfeiture
of pay for a longer period than twenty days. The order constituting the court shall be
in writing.
Who shall not be ordered as deck court.— Officers shall not be ordered as deck court
who are below the rank of lieutenant in the navy, or captain in the Marine Corps, except
in cases where there is no officer of such rank attached to the command.
When approval not necessary.- An officer empowered to order these courts shall
not designate himself for this duty unless he is the only commissioned officer attached
to the vessel, navy-yard, or station, or command, or when the subordinate officers are
below the specified rank, in which cases he shall constitute the deck court and finally
determine the cases tried by him, and no order appointing the court need be issued,
but the officer in question shall enter on the record that he is "the only officer (of the
specified rank) attached to the vessel," "navy-yard," or "present with the command,"
as the case may be. In these cases no approval of the sentence is required, but he should
sign as above and date his signature. In all other cases the sentences must, before they
can be executed, be approved by the officer ordering the court or his successor in office.
Specification: In that J K. B , coal passer, U. S. Navy,
having been granted liberty on June 25, 1909, until 12 m., June 27,
1909, did, upon the expiration of said hberty fail to return to his ship
and did remain absent from his station and duty without leave until
10 a. m., June 28, 1909.
R A. V , yeoman second class, U. S. Navy, will act as
recorder.
Recorder.— Any person in the navy under the command of the officer by whose order
a deck court is convened may be detailed to act as recorder thereof.
J J. K ,
Commander U. S. Navy, Commanding.
I consent to trial by deck court as above.
Consent of accused.— When an enlisted man is brought before the deck court for
trial, he shall signify his willingness to be so tried by affixing his signature to a statement
to that effect m the record. If he does so object he shall be tried for the offense by a
summary court-martial.
J K. B ,
Coal Passer, U. S. Navy.
179
180 PKOCEEDINGS OF A DECK COUKT.
Date of present enlistment: November 17, 1907.
Rate of pay per month: $24.20.
Previous convictions during present enlistment :
March 16, 1909, absent overleave, February 24-30, 1909. S. c. m.,
sentence: S. c, b. w., 5 d.; 1. p. $18.60. App'd. by C.-in-C, March
18, 1909.
April 9, 1909, forty and one-half hours overleave. Deck court
sentence: L. p. $13.70. Approved April 13, 1909.
Previous convictions.— Cases submitted for trial by deck court shall be accompanied
by evidence of previous convictions, or by a statement to the effect that none such
exists. When previous convictions are considered in determining the sentence, a note
to that effect shall be entered upon the record.
U. S. S. Salem,
Navy- Yard, New York,
August 2, 1909.
The accused was arraigned and pleaded as follows:
Not guilty. (Guilty.)
Procedure.— The procedure as to counsel for the accused, swearing of the recorder,
arraignment, pleading, swearing of the witnesses, prosecution and defense, direct and
cross examination, certificate of medical officer, etc., for the deck court shall be the
same as is provided for summary courts-martial.
Witness's testimony.— If the accused, having offered no objection to trial by deck
court, does not plead guilty, the officer sitting as such court shall summon the witnesses
and administer to them the oath prescribed by article 41 of the Articles for the Govern-
ment of the Navy. The accused may, at his own request, but not otherwise, be per-
mitted to testify in his own behalf; he may also make a statement, if he so desires. The
facts established by the testimony shall be submitted on a separate sheet to the con-
vening authority. In cases of contempt the deck-court officer shall report the facts to
the convening authority for such disciplinary action as may be appropriate.
Witnesses for prosecution: Midshipman C M. Y , U. S.
Navy.
Witnesses for defense: , fireman, first class, U. S.
Navy.
Civilian witnesses.— Deck courts are empowered to compel the attendance of civilian
witnesses and to make use of depositions in the same manner as general courts-martial.
Finding: Guilty. (Not guilty.)
Sentence: To lose pay amounting to $16.13. •
Var. The court acquits the said of the offense specified.
A B. C ,
Lieutenant, TJ. 8. Navy, Deck Court.
Convening: autliorlty to decide on trial.— The officer ordering the court shall deter-
mine when and what cases shall be brought before it; but, whenever practicable, the
trial shall take place within forty-eight hours after the offense is committed. Delay in
the trial of the accused may be considered in adjudging sentence.
Completion and submission of record.— The deck court, as soon as a trial is com-
pleted, shall record its finding and sentence in the record and submit the same to the
officer convening the court, or to his successor in office, upon whose approval the sen-
tence may be carried into effect.
(If sentence involves more than ten days' confinement on dimin-
ished rations, or on bread and water, the following certificate is
required :)
PROCEEDINGS OF A DECK COURT. 181
Having examined accused and place of his confinement, I am of
opinion that execution of this sentence would (not) produce serious
injury to his health.
A A. B -,
SurgeoUj U. S. Navy,
Senior Medical Officer on Board.
The sentence is approved and the accused informed this day,
June 29, 1909.
J J. K ,
Commander, U. S. Navy, Commanding.
Reviewing authority.— The officer within whose command a deck court sits shall
have full power as reviewing authority to remit or mitigate, but not to commute, any
sentence imposed by such court; but no sentence of a deck court shall be carried into
effect until it shall have been so approved or mitigated, and such officer shall have
power to remit any punishment such court may adjudge.
Action of convening authority.— The convening authority or his successor in office,
shall, after careful scrutiny of the record and of the testimony, if any be given, note his
action thereon, with date and signature, due attention being paid to the foregoing
paragraph. Should the only officer present with the command sit as deck court the
finding and sentence shall be recorded in like manner. No other record of the pro-
ceedings need be kept, and the result of such trials shall be published to the accused
only.
Transcript.- Brief transcripts, as in summary courts-martial cases, shall be furnished
to the officer of the deck for entry in the ship's log, and to the executive officer for entry
on the enlistment record of the accused.
Disposition of record.— The record of a deck court shaU, when completed, be at once
forwarded by the convening authority to the Judge-Advocate-General. Should the
accused desire to make an appeal to the reviewing authority, i. e., the Secretary of
the Navy, within the prescribed period of thirty days, such statement as he may wish
to make shall be submitted in writing and appended to the record of testimony , separately
therefrom, and shall be forwarded therewith to the Navy Department (office of the
Judge-Advocate-General). As the Secretany of the Navy is the reviewing authority , no
action by any intermediate authority is required.
Accounts checked, $16.13.
J F. K ,
P. A. Paymaster, V. S. Navy.
Pay accounts.— Records of deck courts shall show, over the signature of the pay officer
having the pay accounts of the accused, that the loss of pay, if there be any adjudged
and approved, has been checked. In order to enable the pay officer to make the necessary
certificate, the commanding officer shall forward with the record the requisite order for
the checkage; such order shall be in duplicate, one copy of which shall be sent imme-
diately to the Auditor for the Navy Department. The order shall contain the following
information: Name, rate, date of trial, offense (condensed as much as possible), and
sentence as finally approved. If the offense is absence over leave, the dates of the begin-
ning and ending of the unauthorized absence shall be stated.
(Briefing for record of deck court..)
U. S.^ ,
(ship or station)
Boston, Mass.,
Record of Deck Court No. — . Held September 19,
19—.
Respectfully forwarded to the office of the Judge-
Advocate-General .
J J. K ,
Lieutenant, U. S. Navy, Commanding.
182 PROCEEDINGS OF A DECK COURT.
Form for record of proceedings of deck court when there is
only one oflacer, or only one of the required rank, attached
to the vessel, navy-yard, station, or command.
Deck Court.
U. S. S. Severn,
Naval Academy, Annapolis, Md.,
July 12, 1909.
Trial of , coal passer, U. S. Navy, for the following
offense :
(See notes and variations under preceding case.)
Specification : In that -, coal passer, U. S. Navy, having
been granted liberty to expire at 7 a. m. on July 12, 1909, did, upon the
expiration of said liberty, fail to return to his ship and did remain absent
from his station and duty without leave until 10 a. m., July 13, 1909.
J A. H , chief yeoman, U. S. Navy, will act as recorder.
I consent to trial by deck court as above.
Coal Passer, U. S. Navy.
Date of present enlistment: October 15, 1908.
Rate of pay per month: $24.20.
Previous convictions during current enlistment: None.
U. S. S. Severn,
Naval Academy, Annapolis, Md.,
July 12, 1909.
The accused was arraigned and pleaded as follows: Guilty.
Witnesses for prosecution: None.
Witnesses for defense: None.
Finding: Guilty.
Sentence: To lose pay amounting to $7.25.
(If sentence involves more than ten days' confinement on diminished
rations, or on bread and water, the following certificate is required:)
Having examined accused and place of his confinement, I am of
opinion that execution of this sentence would (not) produce serious
injury to his health.
A A. B ,
Surgeon, U. S. Navy,
Senior Medical Officer on Board.
The accused informed this day, July 12, 1909.
R — M. J ,
Lieutenant, U. S. Navy, Commanding.
The only ofiicer attached to the vessel (navy-yard, etc.).
Var. The only officer of the required rank attached to the vessel
(navy-yard, etc.).
Accounts checked, $ — .
J F. K ,
P. A. Paymaster, Z7. S. Navy.
SUMMARY AND DECK COURTS-SCHEDULE OF
PUNISHMENTS.
183
Summary and Deck Courts.
Schedule of 'punishments.
Offense.
Number days' loss of pay for act and
for each day's absence.
Absence over leave exceeding 24 hours
Absence without leave
Absence without leave, attempted
Absence without leave, to avoid guard or draft.
Absence without leave, using another's name. . .
Asleep on post or watch
Delivered after absence without or over leave . .
Disobedience, deliberate
Disorderly conduct
Disrespect to commissioned or warrant officer
Disrespect to petty officer
Drunk, not having been on liberty
Dnmk on duty, post, or guard
Failure to obey
Falsehood
Gambling
Leaving post or watch
Liquor unlawfully in possession
Missing ship after absence without or over leave
Neglect of duty
Resisting arrest
Returning from liberty unfit for proper i)erformance of duty.
Returning in civilian clothes
Sitting down on post or watch
Smuggling or attempting to smuggle liquor
Surrendering at another station
Threatening, abusive, or obscene language
Previous conviction during current enlistment
5, act; 4, each day absent.
15, act; 4, each day absent.
15.
15, additional.
30.
Max.
5, increased to 10 or 15 days for long
absence.
Max.
15.
Max.
60.
30.
Max.
Max.
Max.
30.
Max.
15.
30.
Max.
30.
3.
10.
15.
15.
30.
Max.
In case of a second conviction for an
offense of a similar nature, the pun-
ishment should be doubled; and for a
third or subsequent conviction, either
the maximum or a bad conduct dis-
charge should be adjudged. If the
offense is of a different character,
increased by 15 days' loss of pay.
The act of a man in absenting himself without leave calls for 15 days' loss of pay; and each day's absence
calls for an additional loss of pay as specified above, using the multiplier 4, in connection with the exact
number of days absent. For example, a man who absents himself without leave and remains away 7 days
should be awarded 15+ (4X7)= 43 days' loss of pay.
AbscTice over leave is a distinct offense. The number of days over leave is to be used In connection
with the multiplier. Thus, a man who remains over leave 7 days is adjudged 5+ (4X7)= 33 days' loss of
pay-
A member of a boat's crew leaving the boat without permission may be considered as leaving post,
A deck court can not adjudge loss of pay for a longer period than twenty (20) days.
Nothing in the foregoing schedule is intended to limit the power of summary courts-martial under article
30 of the Articles for the Government of the Navy, or of deck courts under the act of February 16, 1909,
but it is considered that a better disciplinary effect is obtained if a loss of pay is not reduced by the Depart-
ment, and it is, therefore, suggested that the schedule be generally followed, not only for the reason given
above» but also to secure uniformity of punishment throughout the service.
185
COURTS OF INQUIRY.
187
RECORD OF PROCEEDINGS
OF A
Court of Inquiry
CONVENED AT
THE NAVY YARD, NEW YORK,
BY ORDER OP
THE SECRETARY OF THE NAVY
(or, the Commander in Chief, U. S. Atlantic Fleet)
{or, the Commander, Third Squadron, U. S. Pacific Fleet)
TO INQUIRE INTO
June — , 19 — .
189
FIRST DAY.
Navy- Yard, New York,
Friday, , 19 — .
The court met at 10 a. m.
Notes and variations.— See notes and variations under general court-martial pro-
cedure.
Present :
Capt. A B. C , U. S. Navy, president;
Commander D E. F , U. S. Navy, and
Commander G H. K , U. S. Navy, members; and
Lieut. L M. N , U. S. Navy, judge-advocate.
Var. Absent: Commander G H, K , U. S. Navy,
member, owing to {or, for reasons unknown, due inquiry having
been made by the judge-advocate).
The judge-advocate read a certificate accounting for the absence
of Commander G H. K , U. S. Navy, which is appended,
marked " . "
The court then took a recess until {or, addressed a letter
to the convening authority, a copy of which is appended, marked
" ^") {or, adjourned until to await the arrival of the absent
member) .
The court was cleared and the precept, together with the accom-
panying instructions, were read. All other matters preliminary to
the inquiry were determined, and, after deciding to sit with open
doors, the court was opened.
Var. All other matters preliminary to the inquiry were deter-
mined, and the court announced that in obedience to orders it would
sit with closed doors {or, decided to sit with closed doors).
Withdrawal of judge -advocate. — The judge-advocate of a court of inquiry does not
withdraw when the court is cleared.
The judge-advocate, having received permission, introduced as
reporter (clerk or stenographer) Chief Yeoman A B ,
U. S. Navy.
Var. The judge-advocate having asked and received permission
to employ a stenographer (clerk or interpreter), his request, copy of
which is appended, marked " , " was referred to the convening
authority.
Var. 2. F E. D -, clerk (stenographer, interpreter),
entered by authority contained in letter, copy {or, original) appended,
marked " . "
The defendant, Commander O P. Q , U. S. Navy,
commanding the U. S. S. , appeared and, having received
191
192 PROCEEDINGS OF A COURT OF INQUIRY.
permission, introduced Lieut. R S. T , U. S. Navy, as
his counsel.
Defendant's right to be present.— The convening authority should notify the defend-
ant of his right to be present during the investigation.
When there is no defendant.— -When the court is convened to inquire into certain
facts, and no person is placed in the position of defendant, the record will necessarily
omit all that relates to such defendant and proceed with the administration of the oaths.
When proceedings Indicate a defendant.— If it should appear at any stage of the
proceedings that any other person or persons than those named by the convening
authority are implicated, they should be called before the court, informed of all the evi-
dence which tends to implicate them, and instructed as to their right to cross-examine
witnesses and offer evidence in defense.
Var. 1. The court received from a communication,
which was read and appended, marked " , " stating that
the defendant (in case of more than one defendant, give names) was
unable to appear, owing to . (Here give reason; if illness, a
medical certificate must be presented, read, and appended. This
communication may be made personally by any competent person.)
The court then, at , adjourned until . (See adjourn-
ment.)
Var. 2. The defendant, etc., appeared and stated that he did not
desire counsel.
Var. 3. The defendant appeared and asked permission to intro-
duce Lieut. U V. W , U. S. Navy, as counsel; at the
request of (a member) (the judge-advocate) the court was cleared.
When opened the defendant appeared and was informed that, while
he was at liberty to designate some other person, his request was
denied.
Var. 4. The complainant, Capt. X Y. Z , U. S. Navy,
appeared, and, having received permission, introduced Major B
C. D , U. S. Marine Corps, as his counsel. (If counsel is
rejected, procedure same as in preceding variation.)
Complaint communicated to parties.— The court having decided on its mode of
procedure, the defendant, and the complainant, if there be one, should be called in and
the complaint or subject to be investigated communicated to them.
The judge-advocate read the precept, and accompanying papers,
the original of the former and certified copies of the latter are
appended, marked '^ , " " , " etc.
Vaii. The original precept and the accompanying papers are
appended, marked " , " *' ," etc. * .
The defendant stated that he did not object to any member present.
Var. The defendant . and the complainant were asked if they
objected to any member present, to which each replied in the nega-
tive.
Cliallenge.— In the case of challenge proceed as laid down for general courts-martial.
The members, judge-advocate, and clerk (stenographer, inter-
preter) were duly sworn.
Oath administered to members.— You, , do swear (or afhrm) well anti
truly to examine and inquire, according to the evidence, into the matter now before you,
without partiality.
Oath administered to judge-advocate.— You, , do swear (or affirm)
truly to record the proceedings of this court and the evidence to be given in the case in
hearing.
PROCEEDINGS OF A COURT OF INQUIRY. 193
Oath administered to the clerk (stenographer).— You, , swear (or
affirm) faithfully to perform the duty of clerk or reporter in aiding the judge-advocate to
take and record the proceedings of the court, either in shorthand or ordinary manuscript.
Oath administered to interpreter.— You, , swear (or affinn) faithfully
and truly to interpret or translate in all cases in which you shall be required so to do
between the United States and the defendant.
Vak. (Postponement of inquiry.) The defendant (complainant or
judge-advocate) applied for a postponement of the inquiry on the
ground (here give reasons). The court was cleared and, after due
deliberation, was opened and its decision announced, that the
inquiry should be postponed until (or) the inquiry should
proceed, (or) it would await the action of the convening authority,
who was informed that the defendant (complainant) desired a post-
ponement of the inquiry until for the reason (here give rea-
sons offered for the postponement).
Need not meet dally.— Courts of inquiry, unlike general courts-martial, need not
meet from day to day, but have the power to adjourn for such period as they may see fit
without the permission of the convening authority.
All witnesses were directed to withdraw, and the inquiry proceeded
as follows:
A witness called by the judge-advocate was duly sworn.
Oath administered to witness.— You, , do solemnly swear (or affirm)
that the evidence you shall give in the case now before this court shall be the truth, the
whole truth, and nothing but the truth, and that you will state everything within your
knowledge in relation to the matter under inquiry: So help you God {or, This you do
under the pains and penalties of perjury).
Examined by the judge-advocate:
1. Q. * * "^
^ * * *
Examined by the complainant (if there be one) :
20. Q. * * * ^
X ^ * *
Cross-examined by the defendant:
25. Q. * * *
j^ * * *
Reexamined by the judge-advocate:
40. Q. * * *
^ * * ^'
Examined by the court:
52. Q. * * *
A 5|* 5^ >|»
The witness verified his testimony, was duly warned and withdrew.
Correction of testimony.— See variations under general courts-martial for method of
having witness pronounce testimony correct.
Parties may introduce evidence.— When the judge-advocate has introduced all the
evidence on the part of the Government, the defendant (the complainant, if there be
one) may introduce evidence in the same manner as the accused in a court-martial.
The court then, at — o'clock — . m., adjourned until — o'clock — . m.
the next day (Saturday), , 19 — .
8483—10 13
194 PROCEEDINGS OF A COUET OF INQUIRY.
SECOND DAY.
Navy- Yard, New York,
Saturday, , 19 — .
The court met at — a. m., pursuant to adjournment of yesterday.
Present: All the members, judge-advocate, and the parties to the
inquiry.
The record of proceedings of yesterday (or, the previous day) was
read and approved.
A witness called by the judge-advocate was duly sworn.
Examined by the judge-advocate:
1. Q. * * *
A *K T* 'I*
There being no further questions to ask, etc.
The judge-advocate had no more witnesses to call.
A witness called by the defendant was duly sworn.
Examined by the defendant:
1. Q. * * *
A 5tc >f. Jjc
Cross-examined by the judge-advocate:
8. Q. * * *
j^ * * *
Reexamined by the defendant:
15. Q. * * *
^ * * *
Examined by the court:
30. Q. * * *
A ?{C ?{C >JC
The witness verified his testimony, etc .
The defendant had no further witnesses to call.
The court had no witnesses to call.
' Arguments.— At this point the arguments are made, or statements submitted, by the
complainant, defendant, and judge-advocate. See procedure under general courts-
martial.
At — o'clock the inquiry was finished and the parties thereto with-
drew.
The court having thoroughly inquired into all the facts and cir-
cumstances connected with the allegations contained in the papers
attached to the precept, and having considered, with closed doors,
the evidence adduced, submits a statement of the facts which it
deems to be established.
PROCEEDINGS OF A COURT OF INQUIRY. 195
FINDING.
The allegations and complaints made by Commander O ■
P. Q — - — , U. S. Navy, were to the following effect: (Here state
them concisely.)
Of these allegations, the court finds that the following are not
sustained by the evidence adduced, namely: (Here insert them in
full.)
. The complaints and allegations made by Lieut. R M.
P , U. S. Navy, against Commander O — P. Q ,
U. S. Navy, are as follows: (Here state them concisely.)
Of these several allegations and complaints, the court finds that
the one which accuses Commander O P. Q , U. S. Navy,
of is not sustained by the evidence adduced.
As to the remaining allegations, the court finds the following
established by the evidence, namely: (Here insert those found
established.)
OPINION.
In the opinion of the court no further proceedings should be had
against Lieut. R M. P , U. S. Navy, for the reason that
of the allegations against him which have been sustained, but one,
that of , is of sufficient weight to justify such further
action, and (here state reason why further action is unnecessary or
not desirable, if such be the case).
And in the opinion of the court further proceedings should be had
against Commander O P. Q , U. S. Navy, and that
officer should be tried by general court-martial for the following
specific acts, namely:
For restoring Lieutenant to duty when he ( ) had
been suspended by Lieut. R M. P , U. S. Navy, in the
clear exercise of his (Lieutenant P 's) prerogative as command-
ing officer, thereby tending to injure the discipline of the ship.
For publicly reprimanding Lieutenant P in the presence of
Surg. and Lieut. , U. S. Navy, and there-
by subverting the discipline of the ship.
The record of proceedings of this second day of the inquiry was
read and approved, the court being closed during the reading of so
much thereof as pertains to the proceedings in closed court.
Captain, U. S. Navy, President.
Lieutenant, U. S. Navy, Judge- Advocate.
Revision.— The proceedings of a court of inquiry may be revised as often as the con-
vening authority may deem necessary, and new evidence may be received and recorded
on every such revision. Any of the witnesses may be recalled and reexamined with a
view to eliciting further information.
196 PROCEEDINGS OF A COURT OF INQUIRY.
Navy Department,
Washington, October 18, 19 — .
The finding, opinion, and recommendation of the court of inquiry
in the foregoing case are approved (disapproved).
Acting Secretary of the Navy.
Var. The findings and recommendation of the court of inquiry
in the foregoing case are approved. The department does not, how-
ever, deem it advisable to bring to trial by general
court-martial, as recommended by the court, but will address a letter
to him admonishing (cautioning) him as to his conduct in the matter.
, Secretary of the Navy.
Var. The recommendation of the Judge-Advocate-General in the
foregoing matter is approved .
, Secretary of the Navy.
Action of commander in chief.— If the court of inquiry is convened by a commander
of a fleet or squadron, his action on the record is similar to the above.
RECORD OF PROCEEDINGS
OP A
Court of Inquiry
CONVENED AT
THE NAVY-YARD, NEW YORK,
BY ORDER OP
THE SECRETARY OF THE NAVY
TO INQUIRE INTO
the loss (or grounding) of the late U. S. S. {or, the U. S. S.
).
November — , 19 — .
197
FIRST DAY.
Navy- Yard, New York,
Friday, November — , 19 — .
The court met at 10 o'clock a. m., with closed doors.
(See notes and variations under general court-martial.)
Present :
Capt. A B. C , U. S. Navy, president;
Commander D E. F , U. S. Navy, and
Commander G H. K , U. S. Navy, members ; and
Lieut. T T. W , U. S. Navy, judge-advocate.
Variations.— The variations which are recorded under the proceedings of an ordinary
court of inquiry are also applicable to this form.
The judge-advocate read the precept and other papers, and, the
court having decided to sit with open doors, the doors were opened.
Commander L M , U. S. Navy; Lieut. N
O , U. S. Navy; and Ensign P Q , U. S. Navy,
appeared before the court.
The precept and accompanying papers hereto appended, marked
" ," '' /' and ^' ," were read by the judge-advocate, and
each of the above-named officers stated that he did not object to any
member.
Challenge.— In case of challenge proceed as laid down in the form for general courts-
martial.
The members and judge-advocate were duly sworn.
Oaths.— The forms of oaths are the same as those under ordinary courts of inquiry.
The court then took a recess until 2 o'clock p. m., when it recon-
vened on board the U. S. S. . Present: All the members and
the judge-advocate.
All the (surviving) officers and men of the U. S. S. having
been mustered on the quarter-deck of that vessel, the president
explained the purpose of the court and the rights of all persons con-
cerned and duly administered to them the oath of witnesses.
Var. and duly administered to them the oath of witnesses,
except to and , who were absent from the vessel (here
give reason) .
The official report of Commander L M , U. S. Navy,
containing the narrative of the grounding of the U. S. S. , on
August — , 19 — , was then read by the judge-advocate; original
hereto appended, marked " ."
199
200 PROCEEDINGS OF A COURT OF INQUIRY.
The following questions were then put to the commanding officer
by the court :
Q. Is the narrative just read to the court a true statement of the
grounding (loss) of the , on August — , 19 — ?
A 't* 'J* H*
Q. Have you any complaint to make against any of the officers or
men of said vessel on said occasion ?
A 'I* 'T* *!*
The following questions then put by the court to the (surviving)
officers and crew of the said vessel, and they were instructed by the
president that if they had anything to say in answer to the questions
propounded they should step to the front.
Q. Have you any objection to make to the narrative just read, or
anything to lay to the charge of any officer or man concerning the
grounding (loss) of the , on August — , 19 — ?
A, The officers and men answered ' ^ No ' ' and nobody stepped to the
front (or as the case may be).
All the officers and such of the crew as filled positions of special
responsibility on the occasion referred to were informed by the presi-
dent that they have the right to be present during the sessions of the
court to offer evidence and cross-examine witnesses if they so desire.
The court then, at 3.40 p. m., took a recess to meet at 4 p. m., at
which time it reconvened at the navy-yard, New York (or, as the case
may be).
Present: All the members, the judge-advocate, Commander
L M , Lieut. N O , and Ensign P
Q , U. S. Navy.
The court then, at 4.05 p. m., adjourned until 10 a. in. to-morrow,
the — instant.
SECOND DAY.
Navy- Yard, New York,
Saturday, Novemher — , 19 — .
The court met at 10 a. m.
Present: All the members, the judge-advocate, Commander
L M , Lieut. N O , and Ensign P
Q , U. S. Navy.
The record of proceedings of yesterday was read and approved.
The (surviving) officers and men of the U. S. S. , who were
absent yesterday, were called before the court and duly sworn ; the
above questions were propounded and the same instructions given,
and no one had anything to urge (or as the case may be.)
PROCEEDINGS OF A COURT OF INQUIRY. 201
The officers and men then before the court were informed of their
right to be present during the sessions of the court, to offer evidence,
and to cross-examine witnesses if they so desired.
Commander L M , U. S. Navy, was called as a witness,
and, after being duly sworn, testified as follows:
Examined by the judge-advocate:
* * * * * * ♦
Examined by Lieut. N O , U. S. Navy:
* * * * * * *
Examined by Ensign P Q , IT. S. Navy:
Examined by the court :
:(: * 4: * * :ic ^i:
The witness verified his testimony, and then resumed his seat as an
interested party.
Verification of testimony.— The procedure under general courts-martial, so far as it
relates to the various methods of entering on the record the fact that the witness has
pronounced the testimony as recorded correct, is applicable to courts of inquiry.
At this point it appeared to the court that Lieut. R S ,
U. S. Navy, was an interested party. He was accordingly called
before the court, so advised, and, after stating that he did not object
to any member, was informed of liis right to be present, to offer evi-
dence, and to cross-examine witnesses if he so desired.
The court then, at — p. m., adjourned until 10 a. m. Monday,
the — instant.
THIRD DAY.
Navy- Yard, New York,
Monday, November — , 19 — .
The court met at 10 a. m.
Present: All the members, the judge-advocate, and the parties to
the inquiry. The record of proceedings of Saturday was read and
approved.
Lieut. C S , U. S. Navy, was called as a witness by
Ensign P Q , U. S. Navy, and, being duly sworn, testi-
fied as follows:
Examined by Ensign P Q :
*******
Examined by the judge-advocate:
3|* t* *i> •(* *f* 5p T*
Examined by Commander L M :
*******
The court and Lieut. N O had no questions to ask
this witness.
The witness verified his testimony, etc.
202 PROCEEDINGS OF A COURT OF INQUIRY.
There were no more witnesses to call.
Commander Ij M and Lieut. R —
U. S. Navy, each submitted a written statement, which statements
were read and hereto appended, marked ''— — " and " ."
The judge-advocate then read his reply, hereto appended, marked
Oral statements.— If a stenographer is employed these statements may be made
orally.
All the evidence being before the court, and there being nothing
further to offer, the court was cleared and, after maturely deliberating
on the evidence adduced, finds as follows: (Here insert the findings
of the court.)
Findings.— When a court is required to report facts, it is not to be understood that
the bare record of the testimony is meant but also the result and conclusion of the
court from hearing the evidence.
Opinion.— The court shall, if so directed, give an opinion on the merits of the case,
apd the propriety or expediency, or otherwise, of further action.
The court is of the opinion (here insert opinion).
The court is also of opinion that further proceedings should be had
in the case of Commander L M , U. S. Navy, as follows :
(Here insert definitely the grounds upon which further proceedings
should be had, and also what proceedings are recommended, whether
general court-martial, letter of reprimand, etc.)
Minority report.— Here insert minority report if there be one.
The court then, at 3 p. m., adjourned until 10 a. m. to-morrow,
the — instant.
FOURTH DAY.
Navy- Yard, New York,
Tuesday, November — , 19 — .
The court met at 10 a. m.
Present: All the members and the judge-advocate.
The record of proceedings of Monday was read and approved, the
court being closed during the reading of so much thereof as pertains
to the proceedings in closed court.
A B. C ,
Oaptain, V. S. Navy, President.
T T. W ,
Lieutenant, TJ. S. Navy, Judge- Advocate.
The court having finished the inquiry, then at — p. m. adjourned
to await the action of the convening authority.
A B. C ,
Captain, TJ. 8. Navy, President.
T T. W ,
Lieutenxint, TJ. S. Navy, Judge- Advocate.
PROCEEDINGS OF A COURT OF INQUIRY. 203
Precept for court of inquiry.
To Capt. A B , U. S. Navy,
Navy Yard, —
A court of inquiry, consisting of yourself as president, of Commander C-
D and Paymaster E F , U. S. Navy, as additional members, and
of First Lieut. G H , U. S. Marine Corps, as judge-advocate, is hereby
ordered to convene at the navy-yard, Norfolk, Va,, at 10 o'clock a. m., on Tuesday,
the day of October, 19 — , or as soon thereafter as practicable, for the purpose of
inquiring into (here insert object of inquiry).
Upon the conclusion of the investigation the court will report its proceedings and
the testimony taken, with a full statement of all the facts which it may deem to be
established by the evidence adduced, together with its opinion as to what further
proceedings, if any, should be had in the matter.
If the court shall be of the opinion that further proceedings should be had in the
matter, it will include in its report a succinct statement as to the person or persons
against whom, and the specific matter upon which, such proceedings should be had.
This employment on shore duty is required by the public interests.
W M. W ,
Secretary of the Navy.
Precept for court of inquiry to inquire into tlie grounding of a
vessel.
To Capt. A B. C , U. S. Navy,
Commanding U. S. S. Colorado, Navy- Yard, Mare Island, Col.:
A court of inquiry, consisting of yourself as president, and of Commander D
E. F and G H. K , U. S. Navy, as additional members, and of
Lieut. T T. W , U. S. Navy, as judge-advocate, is hereby ordered to
convene at the navy-yard, Mare Island, Cal., at 10 o'clock a. m., on Friday, the 1st
day of November, 19 — , or as soon thereafter as practicable, for the purpose of inquiring
into the circumstances connected with the grounding of the U. S. S. , near St.
Paul Island, Pribilof Group, Bering Sea, Alaska, on the afternoon of the 5th day of
August, 19 — .
The attention of the court is invited to the instructions concerning the particulars
to be investigated in the case of the loss or grounding of a ship of the navy, contained
in the United States Navy Regulations.
The following-described papers relating to the grounding of the U. S. S. on
the occasion referred to are attached to and made a part of this precept:
Letter dated August — , 19—, from Commander C E. C , U. S. Navy,
reporting .
Letter dated August — , 19 — , from Commander L- M , U. S. Navy,
reporting .
Coast Survey Chart No. — , being the same as that used in navigating the ship on
August — , 19 — .
Extract from the ship's log for the period beginning and ending —.
The court will diligently and thoroughly inquire into all the circumstances attend-
ing the grounding of the said vessel on the date named, and upon the conclusion of
the investigation will report to the Department its proceedings, all the testimony taken,
and the facts which it may deem to be established by the evidence adduced, together
with its opinion as to what further proceedings, if any, should be had in the matter.
The court will also report whether or not the grounding of said vessel was, on the
occasion named, in any respect due to fault or negligence on the part of any of the
204 PROCEEDINGS OF A COURT OF INQUIRY.
officers or members of the crew of said vessel, and if so, the names of such officers or
members of the crew and in what respect and to what extent any or cither of them
were so at fault or negligent.
If the court shall be of opinion that further proceedings should be had in the mat-
ter, it will include in its report a succinct statement as to the person or persons
against whom, and the specific matter upon which, such proceedings should be had.
This employment on shore duty is required by the public interests.
W M. W ,
Secretary of the Navy.
Letter to tlie president of the court.
Navy Department,
Washington, September — , 19 — .
Sir: Referring to the Department's precept of this date, ordering a court of inquiry,
of which you are president, to convene at the navy-yard. Mare Island, Cal., on Friday,
the instant, for the purpose of inquiring into the circumstances connected with
the grounding of the U. S. S. , near St. Paul Island, Pribilof Group, Bering
Sea, Alaska, I have to advise you that Commander A R. X , U. S. Navy,
commanding the , and Lieut. S P. , U. S. Navy, the executive
officer, and Lieut. C R. Y , U. S. Navy, the navigator of that vessel,
have been informed of their right to be present during the investigation, to cross-
examine witnesses, and offer such evidence as they may desire.
If, during the progress of the investigation, it shall appear that others than those
mentioned are entitled to appear as defendants, they will be called before the court
and informed of their right to be present and cross-examine witnesses, and offer
evidence before the court should they desire to do so.
As the court has been directed to report whether or not the grounding of the U. S. S.
was in any respect due to the fault or negligence on the part of any of the
officers or crew of said vessel, etc., you will inform the officers, and such of the crew
as may have filled positions of special responsibility upon the occasion referred to,
that they have the same right to be present during the sessions of the court, to offer
evidence, and cross-examine witnesses, if they so desire.
W M. W ,
Secretary of the Navy.
Capt. A— B. C , U. S. Navy,
Commanding U. S. S. Colorado, Navy- Yard, Mare Island, Cal.
Letter to party to Inquiry.
Navy Department,
Washington, September — , 19 — .
Sir: A court of inquiry, of which Capt. A B. C , U. S. Navy, is presi-
dent, has been ordered to convene at the navy-yard. Mare Island, Cal., at 10 o'clock
a. m., on Friday, the — day of November, 19 — , for the purpose of inquiring into
the circumstances connected with the grounding of the U. S. S. , near St.
Paul Island, Pribilof Group, Bering Sea, Alaska, on the afternoon of the — day of
August, 19—.
PROCEEDINGS OF A COURT OF INQUIRY. 205
You have the right to be present during the investigation, to cross-examine wit-
nesses, and offer evidence before the court, should you desire to do so.
W M. W ,
Secretary of the Navy.
Commander A R. X , U. S. Navy,
U. S. S. , Navy- Yard, Mare Island, Cal.
Letter to coinniandaiit of navy-yard informing him of order-
ing of court.
Navy Department,
Washington, September — , 19 — .
Sir: A court of inquiry, of which Capt. A B. C , U. S. Navy, is presi-
dent, has been ordered to convene at the navy-yard under your command, at 10
o'clock a. m., on Friday, the — day of November, 19 — , for the purpose of inquiring
into the circumstances connected with the grounding of the U. S, S, , near
St. Paul Island, Pribilof Group, Bering Sea, Alaska, August — , 19 — .
You will detail, from among the civil employees or enlisted men under your com-
mand, such clerical assistance as may be required by the judge-advocate in recording
the proceedings of the court.
W M. W ,
Secretary of the Navy.
The Commandant,
Navy- Yard, Mare Island, Cal.
INVESTIGATIONS.
20^
RECORD OF PROCEEDINGS
OF AN
INVESTIGATION
CONDUCTED AT
THE NAVY-YARD, NEW YORK,
BY ORDER OF
THE SECRETARY OF THE NAVY
TO INQUIRE INTO
May 3, 19—.
8483—10 14 209
FIRST DAY.
Navy- Yard, New York,
10 a.m., Monday, May 3, 19 — .
The investigating officer, Mr. A B , administered the
oath prescribed by U. S. Navy^ Regulations, to Mr. C D ,
the stenographer, who then took his seat as such.
Section 183, R. S., as amended.— "Anj^ officer or clerk of any of the departments
lawfully detailed to investigate frauds on, or attempts to defraud, the Government, or
any irregularity or misconduct of any officer or agent of the United States, and any
officer of the anny detailed to conduct an investigation, and the recorder, and, if there
be none, the presiding officer of any military board appointed for such purpose, shall
have authority to administer an oath to any witness attending to testify or depose in
the course of such investigation."
Naval officer not authorized.— The foregoing section does not authorize an officer of
the navy to conduct an investigation of this character.
The investigating officer called before him Civil Engineer
, U. S. Navy, and Quarterman and announced
that the investigation would be conducted with open doors.
The investigating officer then read the order directing him to make
the investigation, and the other papers transmitted to him by the
Department, which are hereto appended, marked '' — " and '' — ."
Civil Engineer and Quarterman were
then asked if they desired to be present during the investigation
and be represented by counsel.
They botli replied in the negative.
Var. Quarterman desired to be represented by
counsel, and his request being granted Mr. O R — entered
and took his seat as such.
W B. C was called as a witness and, after being
duly sworn by the investigating officer, testified as follows: (Exam-
ination conducted in the same manner as in court of inquiry.)
Oath administered to witness.— You, A B , do solemnly swear {or affirm)
that the testimony you shall give in the matter of now in hearing, shall be the
truth, the whole truth, and nothing but the truth, so help you God {or, this you do
under the pains and penalties of perjury).
Ri?ht of parties.— The parties to the investigation have the same right to introduce
evidence and cross-examine witnesses as the accused in a court-martial or the defendant
in a court of inquiry, and the procedure is as outlined under those heads.
211
212 PROCEEDINGS OF AN INVESTIGATION.
The investigating officer and the parties to the investigation had
no further witnesses to call and nothing further to offer. The
investigating officer announced that the investigation was closed.
After full and mature deliberation, the investigating officer finds
as follows: (Here insert finding at length.)
A B ,
Investigating Officer,
, Navy Department.
Letter to Investigating officer.
Navy Department,
Washington, May , 19 — .
Sir: Under the authority of section 183 of the Revised Statutes, as amended by
the act of March 2, 1901, you are hereby detailed to investigate certain charges pre-
ferred against A W. L , quarterman in charge of mechanics, department
of construction and repair, navy-yard, New York, which charges are contained in
a letter dated May , 19 — , from W M , foreman of construction
and repair, and in the papers inclosed in said letter, herewith transmitted.
In accordance with the provisions of the statute above mentioned, you are given
authority to administer an oath to any witness attending to testify or depose during
the course of the investigation, and you are also authorized to employ a stenographer
to assist you in the work, at the usual rate of compensation for such services, to be
agreed upon in writing before any services are rendered. This agreement will con-
tain a separate clause embracing the copying of such matter as may not be taken
stenographically. Should it appear at any time subsequent to the making of the
original agreement that service other than that specified therein is necessary, a new
agreement in writing shall at once be made concerning the additional service.
You will notify Quarterman L of the nature of the charges against him, notify
him that he may be present during the examination of witnesses, and give him an
opportunity to introduce such witnesses and to make such statement as he may desire.
Civil Engineer R X. Y , U. S. Navy, who is on duty at the navy-
yard. New York, has been advised of these instructions and informed that if he wishes
to be present during the examination, or to suggest the calling of witnesses, you will
afford him the opportunity to do so.
You will make a careful and thorough examination into all the matters set forth in
the papers above mentioned, and upon the completion of the investigation you will
report to the Department the testimony taken and the facts established thereby,
together with your conclusion concerning such facts.
The commandant of the navy-yard, New York, has been instructed to afford you
such facilities as may be necessary to the proper conduct of the investigation.
Very respectfully,
W M. W ,
Secretary of the Navy.
Mr. A B ,
, Navy Department, Washington, D. C.
BOARD OF INVESTIGATION.
213
RECORD OF PROCEEDINGS
OF A
Board of Investigation
CONVENED AT
THE NAVY YARD, NEW YORK,
BY ORDER OF
THB COMMANDANT, NAVY-YARD AND STATION, NEW YORK,
{or, the Commander in Chief, U. S. Atlantic Fleet)
{or, the Commanding Officer, U. S. S. , senior officer present)
TO INQUIRE INTO
May — , 19—.
215
FIRST DAY.
Navy- Yard, New York,
Monday, May — , 19 — .
The board met at 10 a. m.
Present :
Commander G H , U. S. Navy, senior member;
Lieut. I K , U. S. Navy, member; and
Ensign Jj M , U. S. Navy, member and recorder.
The convening order, hereto prefixed marked, '* ," was read
and the board decided upon its procedure.
Quarterman A B was called and the senior member
informed him of the instructions to the board, and further informed
him that in view of the fact that certain reports against him are to
be investigated, that he has the right to be present to cross-examine
witnesses and present such evidence as he may desire.
Foreman N O was called and similarly instructed.
Mr. X Y was called as a witness and was examined
as follows: (Order of examination same as in court of inquiry.)
Oaths.— Boards of this character have no authority to administer oaths, and they can
therefore only record the declarations of witnesses.
The procedure of courts of inquiry will be followed.
There were no further declarations to be introduced by the board,
by the complainant, or by the defendant, and the two latter were
then excused from further attendance.
The board, after maturely deliberating upon the declarations above
recorded, finds the following facts to be established: (Here state
them as fully, clearly, and concisely as possible.)
G H ,
Commander, U. S. Navy, Senior Member.
I K — ,
Lieutenant, U. S. Navy, Member.
L M ,
Ensign, U. S. Navy, Member and Recorder.
opinion of board.— When required by the order, the board will give its opinion on.
the merits of the case. The opinion should be recorded immediately after the facts
which have been established.
217
218 proceedings of a board of tnvesttgatton.
action of convening authority.
Navy- Yard, New York,
May — , 19—.
The proceedings and findings (and opinion, if any) of the board in
the foregoing case are approved and respectfully referred to the
Secretary of the Navy.
Rear- Admiral, U. S. Navy,
Commandant, Navy- Yard and Station.
Var. The proceedings and findings (and opinion, if any) of the
board in the foregoing case are disapproved for the following reason
(give fully), and the papers in the case are respectfully referred to
th% Secretary of the Navy.
Form of order for board of investigation.
Navv-Yari), New York,
April — , 19-
Sir: a board consisting of yourself as senior member, and of Lieut. I — — — X-
and Ensign L M , U. S. Navy, as additional members, and of Ensign
N , U. S. Navy, as recorder, will convene at the navy-yard, New York,
at 10 o'clock a. m., on Monday, May — , 19—, for the purpose of inquiring into and
reporting upon the allegations contained in a report made against A B ,
quarterman attached to this yard, by N O , foreman of construction and
repair, and in the papers inclosed in said report herewith transmitted.
You will make a careful and thorough examination into all the matters set forth
in the papers above referred to, and upon the conclusion of the investigation will
report the testimony taken and all the facts established thereby (together with your
conclusions covering such facts).
C D ,
Rear- Admiral, U. S. Navy,
Commandant, Navy-Yard and Station.
Commander G H , U. S. Navy,
Navy-Yard, New York.
BOARD OF INQUEST.
219
RECORD OF PROCEEDINGS
OF A
Board of Inquest
CONVENED
ON BOARD THE U. S. S. NEW YORK,
BY ORDER OF
CAPT. T R. S , U. S. NAVY.
Senior Officer Present,
IN THE CASE OF
A B , seaman, U. S. Navy.
May — , 19—.
221
U. S. S. New York, at Sea,
Lat. , Long. —
May , 19—.
Sir: A board, consisting of yourself as president, and of Surg. G H •
and Lieut. I K ;, L^. S. Navy, as additional members, and Ensign L
M , U. S. Navy, as recorder, will immediately assemble for the purpose of
investigating and reporting upon the circumstances attending the death of A
B , seaman, U. S. Navy, attached to this vessel.
The proceedings of the board will be conducted in accordance with the provisions
of the United States Navy Regulations.
C D ,
Captain, U. S. Navy, Commanding U. S. S. New York,
Senior Officer Present.
Lieut. Commander, E F , U. S. Navy, U. S. S. New York.
U. S. S. New York, at Sea,
Lat. , Long. ,
May , 19—.
At a board of inquest assembled by the order hereto prefixed,
marked ^' — ," on the body of A B , seaman, U. S. Navy,
found dead.
Present :
Lieut. Commander E F , U. S. Navy, president.
Surg. G H , U. S. Navy, member.
Lieut. I K , U. S. Navy, member.
Ensign L M , U. S. Navy, recorder.
The order convening the board was read by the recorder and the
board, having viewed the body, then took the following evidence:
— was called before the board.
1. Q. State all you know about the death of A B , sea-
man, U. S. Navy.
A <c 5i* jjc
2. Q. * * *
A 5p *p *is
The witness with(h-ow.
Witnesses summoned. — Every witness who may be able to throw any additional
light on the manner or cause of death should be called before the board to testify.
223
224 PEOCEEDINGS OF A BOAKD OF INQUEST.
Surg. G H , U. S. Navy, stated that, in his opinion, the
deceased met his death (here give cause).
The proceedings closed here.
The board from a view of the body and from the evidence before it
is of the opinion that A B , seaman, U. S. Navy, died a
natural death {or, was killed by ; or, was drowned; or, was
murdered by , or by some person or persons unknown; or,
committed suicide by ; or otherwise, as the case may be), and
that liis death was (not) occasioned by an act of duty in which he
was engaged when it occurred.
E F ,
Lieutenant- Commander, U. S. Navy, j^resident.
G H ,
Surgeon, TJ. S. Navy, member.
I K ,
Lieutenant, TJ. S. Navy, member.
L M ,
Ensign, TJ. S. Navy, recorder.
Form of approval.— The form of approval, or other action of the convening authority,
will be such as is appropriate to the case.
Revision.— The record may be returned to the board for such revision as is thouglit
necessary.
Record forwarded. —The record shall be forwarded to the Secretary of the Navy,
through the Bureau of Navigation or the Commandant of the Marine Corps, as the case
may require.
NAVAL EXAMINING BOARD.
8483—10 15 • 225
RECORD OF PROCEEDINGS
OP A
Naval Examining Board
CONVENED AT
{or, on board)
THE NAVY-YARD, MARE ISLAND, GAL.,
(or, the U, S. S, Minnesota)
IN THE CASE OF
Lieut. H C. E , U. S. Navy,
April 25, 19—.
227
Naval Examining Board,
Navy- YARD, Mare Island, Cal.,
May 1,19— .
The board met at 10 a. m., April 25, 19 — , pursuant to an order,
copy prefixed marked ^'A."
Var. pursuant to orders, copies prefixed marked "Al" to
" A3 . " (This variation is used when original members are detached,
when the date or place of meeting is changed, etc.)
Date of the proceedings.— It must be carefully noted that the date of this record is
that of the day when the board reaches its finding and makes its recommendation. The
date of meeting and subsequent intermediate dates are appropriately referred to in
the proceedings.
Present :
Rear-Admiral A B. C :
Capt. D E. F , and
Capt; G H. K , U. S. Navy, members; and
Lieut. L M. N , U. S. Navy, recorder.
Lieut. X Y. Z , U. S. Navy, reported for examination
in obedience to an order, copy prefixed marked ''B."
Copies of orders, etc., certified.— A copy of the precept and of every order ornotice
or the originals thereof, addressed by the Department or countersigning officer to the
board or to the candidate, certified by the recorder, must be attached to the record of
proceedings in the case, and each exhibit, of whatever nature, must be separately desig-
nated by letter or number.
Pliysical examination of candidate for appointment.— The physical examination
of a candidate for appointment shall precede the mental and professional, and if he be
physically unfit he shall not be examined otherwise. See also note preceding variation
6, page 234.
Var. Mr. L E. H appeared for examination under
authority contained in a letter, copy prefixed marked "B."
The precept (and orders altering the same were) was read by the
recorder, and there was no objection to any member.
Var. 1. The candidate objected to Capt. D E. F ,
U. S. Navy, as a member on account of (here state reason).
Captain F replied that he believed that (here give reply).
An extract from the record containing the candidate's objection
to Captain F and the latter's reply thereto was referred to the
Secretary of the Navy (countersigning officer).
The board took a recess {or adjournment). The Secretary of the
Navy (countersigning ofl&cer) decided that the candidate's objection
229
230 PROCEEDINGS OF A NAVAL EXAMINING BOARD.
was valid and relieved Capt. D E. F , U. S. Navy, who
withdrew. Capt. O P. Q , U. S. Navy, was detailed as a
member and took his seat as such.
The letter of the Secretary (countersigning officer) is appended,
marked " ."
The candidate did not object to Captain Q nor to any other
member.
Var. 2. The Secretary of the Navy (countersigning officer)
decided that the candidate's objection was not valid and declined to
relieve Captain F . The letter of the Secretary (countersigning
officer) is appended, marked " ."
There was no objection to any other member.
The recorder and the board were duly sworn.
Oath administered by president to recorder. — You do solemnly swear (or aflBrm)
that you will keep a true record of the proceedings of this board in the case of ,
now before the board and about to be examined.
Oath administered by recorder to members.— You and each of you solemnly swear
(or affirm) that you will honestly and impartially examine and report upon the case of
, now before the board and about to be examined.
Oi^anized and sworn.— The board shall be duly organized and sworn in each case in
the manner provided for naval courts-martial. (See procedure general courts-martial.)
The candidate stated that he was ready for examination.
Var. that he was not ready for examination, and the facts
of the case were reported to the Bureau of Navigation, copy of letter
appended, marked " ."
The board then conducted the written examination of the candidate
as follows:
April 25: Subject, seamanship; began 10.30 a. m.; ended 4.30 p.m.
April 26: Subject, navigation; began 9.10 a. m.; ended 4.25 p. m.
April 27: Subject, ordnance and gunnery; began 9.05 a. m.; ended
12.35 p.m.
At 1.15 p. m., April 27, the candidate was directed to report to
the medical board for physical examination.
April 27 : Subject, military law; began 2.15 p. m.; ended 4.30 p. m.
He * * * * * *
The written examination is appended, pages — to — .
Incidents out of ordinary routine.— Any incidents out of the ordinary routine which
occur on a date included above shall be appropriately entered, as shown, under the
proper date, and the tabulation shall then continue.
A communication, appended marked ^^C," was received from the
Navy Department, transmitting the papers named therein, which
were duly considered by the board and which, with the exception of
those intended for the medical board, are appended marked '' "
to'' ."
Powers of board.- The board shall have the power to take testimony and to examine
all matter on the files and records of the Navy Department relating to any ot^cei whose
case may be under consideration.
Marlilng of documents attached to record.- Each document attached to the record
shall be plainly marked in the lower right hand corner of its first page for identification.
Documents pertaining to the organization of the board shall be marked by capital
letters, instruments of evidence by numbers.
PROCEEDINGS OF A NAVAL EXAMINING BOARD. 231
Arrangement of matter attached to record.— Reports of fitness, answers to inter-
rogatories, commendatory letters, letters relating to indebtedness, etc., shall be appended
to the record, all papers of each class together and arranged in chronological order in each
class.
Right of candidate to be present.— Any oflScer whose case is to be acted upon by
such examining board shall have the right to be present if he so desires and to submit a
statement of his case on oath.
Entry in the record of statement of candidate and testimony of witnesses.— The
statement of such officer, if any be made, all questions propounded to him, and his
answers thereto, with the testimony of all witnesses, shall be entered in the record of
proceedings.
The candidate did not desire to call any witnesses in his behalf nor
to make any statement.
Var. The candidate made a sworn statement, as follows (here
insert statement, or append it).
The examination of the candidate having been concluded he was
discharged from further attendance.
Var. (If the candidate has not previously appeared before the
medical board.) was discharged from further attendance and
directed to report to the president of the board of medical examiners.
Candidate not to be dischar?[ed before completion of case.— Care shall be taken
not to discharge a candidate until his case is fully completed. This applies particularly
to cases where there are unfavorable reports, or other evidence. See variation 4, below.
The board having deliberated on the evidence before it, decided
that the mental, moral, and professional fitness of the candidate to
perform all his duties at sea has been established to its satisfaction.
Evidence to be considered.— The evidence above referred to is that which appears in
and is attached to the record.
We hereby certify that Lieut. X Y. Z , U. S. Navy,
has the mental, moral, and professional qualifications to perform
efficiently all the duties, both at sea and on shore, of the grade to
which he is to be promoted, and recommend him for promotion.
A B. C ,
Rear- Admiral, TJ. S. Navy, President
D E. F ,
Captain, U. S. Navy, Member.
G H. K ,
Captain, TJ. S. Navy, Member.
L M. N ,
Lieutenant, V. S. Navy, Recorder.
signing of record by all members.— Each record must be signed by every member
and by the recorder, and must show who of the members concurred in and who, if any,
dissented from the opinion of the board.
Record must show consideration of unfavorable evidence.- When there is evidence
of an unfavorable nature, the record must show affirmatively that the board fully con-
sidered this unfavorable evidence, and give the reasons for its recommendation.
Var. 1. has been established to its satisfaction. In arriv-
ing at its conclusion as to the moral fitness of the candidate, the
board fully considered the general court-martial in his case, dated
January — , 19 — . In view, however, of the subsequent good record
232 PROCEEDINGS OF A NAVAL EXAMINING BOARD.
of the candidate {or, state other reasons) the board came to a favor-
able conclusion as to his moral (professional) fitness notwithstanding
such evidence.
We hereby certify, etc.
Var. 2. The board, having deliberated on the evidence before it,
decided that the mental and the moral fitness of the candidate to per-
form all his duties at sea has been established to its satisfaction; but
that owing to deficiency in the subject of {or, as the case may be), as
shown by his written examination papers hereto appended, his
professional fitness has not been so established.
We hereby certify that Lieut. X Y. Z , U. S. Navy,
has the mental and the moral, but not the professional qualifications
to perform efficiently all the duties, both at sea and on shore, of the
grade to which he is to be promoted and do not recommend him for
promotion.
Var. 3, (Majority and minority opinion.) We hereby certify that
Lieut. X Y. Z , U. S. Navy, has the mental, moral, and
the professional qualifications to perform efficiently all the duties,
both at sea and on shore, of the grade to which he is to be promoted,
and recommend him for promotion.
A B. C ,
Rear- Admiral, U. S. Navy, President.
G H. K ,
Captain, U. S. Navy, Member.
From an inspection of the written examination of the candidate,
and from the answers to interrogatories sent to officers under whom
the candidate has served, I am constrained to differ with the majority
of the board as to the professional fitness of the candidate to perform
all his duties at sea.
I hereby certify that Lieut. X Y. Z , U. S. Navy, has
the mental and moral, but not the professional qualifications to per-
form efficiently all the duties, both at sea and on shore, of the grade to
which he is to be promoted, and do not recommend him for
promotion.
D E. F ,
Captain, U. S. Navy, Member.
L M. N— ,
Lieutenant, U. S. Navy, Recorder.
Witnesses to be examined upon written Interrogatories.— Such witnesses as the
candidate may reasonably request to have examined upon written interrogatories regard-
ing any particular matter or incident touching his fitness for promotion may be addressed
by the Bureau of Navigation to any officer having knowledge of the facts. Whenever
such request is by the board deemed unreasonable, it shall be at once referred to the
Secretary of the Navy for decision.
Calllngr of officers before the board to give evidence.— Any officer may be called
before the board to give evidence if deemed necessary.
Officers junior in ranlt to candidate sliall not be questioned as to matter of
opinion.— No inquiry as to matter of opinion shall be put to any officer who is junior in
rank to the candidate for promotion.
Oatli of witnesses. — Witnesses before testifying shall be sworn by the president of the
board, as follows: You do solemnly swear (or affirm) that you will make true answer to
such questions as may be put to you in the case of , now under examination
by the board.
Consideration of facts wliichi occurred prior to last examination.— Hereafter, in
the examination of officers of the navy for promotion, no fact which occurred prior to
the last examination of the candidate whereby he was promoted, which has been inquired
into, but such previous examination, if approved, shall be conclusive, unless such fact
PROCEEDINGS OF A NAVAL EXAMINING BOARD. 233
continuing shows the unfitness of the officer to perform all his duties at sea. (Act of
June 20, 1878.)
Dischai^e by reason of drunkenness or misconduct.— Whenever on an inquiry had
pursuant to law concerning the fitness of an officer of the navy for promotion, it shall
appear that such officer is unfit to perform at sea the duties of the place to which it is
proposed to promote him, by reason of drunkenness, or from any cause arising from his
own misconduct, and having been informed of and heard upon the charges against him,
he shall not be placed on the retired list of the navy, and if the findings of the board be
approved by the President, he shall be discharged with not more than one year's pay.
(Actof Augusts, 1882.)
Entries in medical history to be investigated.— Incase of entries in the medical
history of the candidate or other accompanying papers indicating moral or other unfit-
ness, the matter shall be investigated by the naval examining board, as indicated in the
following variation.
Var. 4. The board, having deliberated on the evidence before it,
and having determined that from such evidence it appears -prima
facie that Lieut. X Y. Z , U. S. Navy, is not morally-
qualified for promotion by reason of his own misconduct (or, drunk-
enness; or, over indulgence in intoxicants; or, as the case may be),
he was called before the board and given an opportunity to be heard
upon the charges against him, as follows:
On October — , 19 — , he was under the influence of liquor on
board of the U. S. S. , while executive oSicer of that vessel.
That in the report of fitness from July 1, 19 — , to December 31,
19 — , his commanding officer reported that he would object to having
him under his immediate command unless given satisfactory assur-
ance that intoxicating liquor would be left absolutely alone.
The claim of & Co., New York, N. Y., dated September — ,
19—.
The claim of H & B , Brooklyn, N. Y., dated
November — , 19 — .
An extract from the medical record of the candidate, and particu-
larly the report of Surg. J B. S , U. S. Navy, in a hospital
ticket, dated July — , 19 — .
Lieutenant Z asked permission to introduce A
R as a witness, which request was granted. The witness
entered and was duly sworn.
(Testimony recorded as for defense in general court-martial.)
Lieutenant Z had nothing further to offer but made a sworn
statement, as follows: (Here insert statement or append it.)
After the consideration of his case, during which the board was
cleared, the board was opened and the candidate was discharged
from further attendance.
The board was then cleared for deliberation and decided that the
mental and professional fitness of the candidate to perform all his
duties at sea has been established to its satisfaction; but that, by
reason of drunkenness {or, by reason of ), which is the result
of his own misconduct, his moral fitness has not been so established.
We hereby certify that Lieut. X Y. Z , U. S. Navy,
has the mental and professional, but not the moral qualifications to
perform efficiently all the duties, both at sea and on shore, of the
grade to which he is to be promoted, and do not recommend him for
promotion.
Record to state cause of candidate's failure.— Whenever the board fails to recom-
mend a candidate for admission, the record must similarly state whether such failure is
owing to his mental, moral, or professional fitness (or, in the case of candidates for the
pay corps, his mental, moral, or physical fitness).
234 PROCEEDINGS OF A NAVAL EXAMINING BOARD.
Var. 5. (In case of a candidate for admission to any staff corps of
the navy, except the pay corps.)
The board having deliberated on the evidence before it, found
that the candidate has obtained a general average of — per cent, and
decided that his mental, moral, and professional qualifications have
been established to its satisfaction.
We hereby certify that is mentally, morally, and
professionally qualified for admission to the United States Navy as an
assistant civil engineer (assistant surgeon, or, as the case may be),
and recommend him for appointment.
Physical examination of a candidate for the pay corps.— The physical examination
of a candidate for assistant paymaster shall be conducted by a board of medical exam-
iners, who shall report the result thereof to the examining board of pay officers, certifying
as to the physical qualifications of the candidate, and such report shall form part of the
record of the latter board.
Var. 6. (In case of a candidate for admission to the pay corps.)
The board, having deliberated on the evidence before it, found
that the candidate had obtained a general average of — per cent, and
decided that his physical, mental, and moral qualifications have
been established to its satisfaction.
We hereby certify that is physically, mentally, and
morally qualified for admission to the U. S. Navy as an assistant
paymaster, and recommend him for appointment.
In case tlie officer to be examined is not ordered to appear
before the board.
Naval Examining Board,
Mills Building,
Washington, May 1, 19 — .
The board met at 10 a. m., April 30 19 — (or, this date), pursuant
to an order, copy prefixed marked '^A.''
Present :
Rear- Admiral A B. C ,
Rear- Admiral D E. F ,and
Rear- Admiral G H. K , U. S. Navy, members, and
Lieut. L M. N , U. S. Navy, recorder.
The board convened for consideration of the case of Capt. O
P. Q , U. S. Navy, preliminary to his promotion.
The precept was read by the recorder. The recorder and the
board were duly sworn.
A letter from the Navy Department, directing the examination of
Captain Q — on his record only, is appended, marked ''B."
A communication, appended, marked ''C," was received from the
Navy Department, transmitting the papers named therein which
are appended, marked '' " to '' ."
Candidate to appear personally if necessary.— If the board deems it necessary, in
order to establish the fitness of the candidate, that he appear personally before it, the
Department shall be so informed with the reasons therefor.
PROCEEDINGS OF A NAVAL EXAMINING BOARD. 235
The board having dehberated on the evidence before it, and having
taken into consideration their association with the candidate in the
navy and his reputation as an officer, decided that his mental, moral,
and professional fitness to perform all his duties at sea has been
established to its satisfaction.
We hereby certify that Capt. O P. Q , U. S. Navy,
has the mental, moral, and professional qualifications to perform
efficiently all the duties, both at sea and on shore, of the grade to
which he is to be promoted, and recommend him for promotion.
A B. C ,
Rear- Admiral, U. S. Navy, President,
D E. F ,
Rear-Admiral, U. S. Navy, Member.
G H. K ,
Rear-Admiral, U. S. Navy, Member,
L M. N ,
Lieutenant, U. S. Navy, Recorder,
Precept.
Navy Department,
Washington, April 21, 19 — .
Sir: A naval examining board, for the examination of such candidates for promotion
as may be directed to appear before it, is hereby ordered to convene at the Mills
Building, Navy Department, Washington, D. C. {or, the navy-yard, ),
on Monday, the 1st day of May, 19 — , at 10 o'clock a. m., or as soon thereafter as may
be practicable.
The board will consist of yourself as president, and of Capt. D E. F ,
U. S. Navy, and Capt. G H. K , U. S. Navy, as members. Lieut. L
M. N , U. S. Navy, will act as recorder.
The proceedings of the board shall be conducted in accordance with the provisions
of the Navy Regulations and the Forms of Procedure issued by the Navy Department.
This employment on shore duty is required by the public interests.
(If the precept is prepared in blank, see note below, the previous paragraph will
be omitted and the following paragraph substituted: This order will take effect
when countersigned by the commander in chief, U. S. Pacific Fleet, or as the case
may be.)
Very respectfully, C F. L ,
Secretary of the Navy.
Rear-Admiral A B. C , U.S. Navy,
Commandant Navy- Yard and Station, Washington, D. C.
Precept for examination abroad.— In a precept for an examination to be held on a
foreign station, at a naval station abroad, or elsewhere, as may be desirable, the form
above shown will be used, leaving blank the date and the place of meeting, and the
names of the president, members, and recorder. This will be sent to the commander in
chief, commander of squadron, or other proper officer, with the following letter:
236 PROCEEDINGS OF A KAVAL EXAMINING BOARD.
Navy Department,
Washington, April 21, 19 — .
Sir: There is transmitted herewith a precept in blank convening a naval exam-
ining board for the examination of Commander B E. F , U. S. Navy,
preliminary to promotion in conformity with the provisions of section 1496 of the
Revised Statutes.
You will insert therein the date and place of meeting of the board, the names of
such officers as you deem proper to designate as members and recorder, and, after
countersigning, forward the same to the officer by you named as president.
The board must consist of at least three members senior in rank to Commander
F .
Very respectfully, C F. L ,
Secretary of the Navy.
The Commander of the Third Squadron,
U. S. Pacific Fleet.
Composition of board,— Boards for the professional examination of ofTicers of the
navy for promotion shall consist of not less than three officers senior in rank to the officers
to be examined, and they shall, when practicable, be selected from the same corps to
which the candidate belongs.
Precept for examination of candidates for admission.
Navy Department,
Washington, April 25, 19 — ,
Sir: A naval examining board, for the examination of such candidates for admis-
sion to the navy as assistant paymasters as may be authorized to appear before it,
is hereby ordered to convene at the Navy Department, Washington, D. C. {or, the
navy-yard, ), on Monday, the ]st day of May, 19—, at 10 o'clock a. m.,
or as soon thereafter as may be practicable.
The board will consist of yourself as president, and of Paymaster R S. T ,
U. S. Navy, and Paymaster U V. W , U. S. Navy, as members. Asst.
Paymaster X Y. Z , U. S. Navy, will act as recorder.
The proceedings of the board shall be conducted in accordance with the provisions
of the Navy Regulations and the forms of procedure issued by the Navy Department.
This employment on shore duty is required by the public interests.
Very respectfully,
C F. L ,
Sea-etary of the Navy.
Pay Inspector C B. A , U. S. Navy,
Navy- Yard, New York, N. Y.
Letter to candidate for promotion.
Navy Department,
Washington, April 25, 19 — .
Sir: Proceed to Washington, D. C, and report to the president of the naval exam-
ining board. Mills Building, Navy Department, at 10 o'clock a. m., on Monday,
May 1, 19 — , for the examination preliminary to promotion required by section 1496
of the Revised Statutes.
Upon the completion of this examination, or when otherwise directed by proper
authority, report to the president of the naval medical examining board for the
examination required by section 1493 of the Revised Statutes.
PROCEEDINGS OF A NAVAL EXAMINING BOARD. 237
When discharged by both boards, you will return to Portsmouth, N. H., or to such
port as the U. S. S. Chester may be, and resume your duties on board that vessel.
Very respectfully,
C F. L ,
Secretary of the Navy.
Lieut. S P. L , U. S. Navy,
U. S. S. Chester,
Navy- Yard, Portsmouth, N. U.
Ijetter transmitting matter on flies and records of depart-
ment.
Navy Department, Bureau of Navigation,
Washington, April 20, 19 — .
Sir: Lieut. S P. L , U. S. Navy, having been ordered to report to you
on April 21, 19 — , for examination preliminary to promotion, the bureau, in accord-
ance with the requirements of article 1635, paragraph 2, Navy Regulations, 1909,
transmits herewith all matter on the files and records of the Navy Department which
relates in any way to his fitness for promotion, viz :
One record of service.
Twenty-two reports on fitness of oflicers.
Copy of charges and finding of general court-martial on board the U. S. S. Colorado,
dated San Diego, Cal., October 14, 19 — , whereby he was sentenced to be publicly
reprimanded by the Secretary of the Navy.
Letter from Mr. , dated January 5, 19 — , relative to ; the De-
partment's answer thereto; and the Department's letter to Lieutenant L
regarding the charges contained in first mentioned letter.
Letter from Lieutenant L in reply to the foregoing.
One record of service and one medical record to be transmitted to the medical
examining board.
Very respectfully, D V. S , Chief of Bureau.
President Naval Examining Board,
Mills Building, Navy Department,
Washington, D. C.
Record of the service of Lieut. S P. I^^ , TJ. S. Navy,
since last examination.
W02, May 1,4. To examination for promotion, Washington, D. C, June 1,
1902, June 10. Commissioned from May 7, 19 — .
1903, February 17. Detached February 25 and to the Mayflower. Detached 25
and reported 27 February.
* ******
(Interrogatories, reports on fitness, and other papers appended, following the
written examination.)
BOARD OF MEDICAL EXAMINERS.
239
RECORD OF PROCEEDINGS
OF A
Board of Medical Examiners
CONVENED AT
{or, on board) •
THE NAVY YARD, MARE ISLAND, CAL,
{or, the U. S. S. Minnesota)
IN THE CASE OP
Lieut. H C. E— , U. S. Navy.
April 30, 19—.
8483—10 16 241
Board of Medical Examiners,
Navy- Yard, Mare Island, Cal.,
May 1, 19—.
The board met at 10 a. m., April 30, 19 — (or, this day), pursuant
to an order; copy prefixed, marked '*A."
(See variations and notes under Naval Examining Board.)
Present :
Medical Inspector C B. A ;
Surg. F : E. D ; and
Passed Asst. Surg. K H. G , U. S. Navy, mem-
bers; and
Asst. Surg. N M. L , U. S. Navy, recorder.
Lieut. X Y. Z , U. S. Navy, reported for examination
in obedience to an order; copy prefixed, marked ''B."
The precept Was read by the recorder and there was no objection
to any member.
The recorder and the board were duly sworn. (See procedure
and oaths under naval examining board.)
The candidate's statement as to his physical qualifications is
appended, marked ''C."
Oath as to statement of physical condition.— The foregoing statement shall bo
sworn to by a candidate for admission but not by a candidate for promotion.
The medical history of the candidate is appended, marked ''D."
What medical history considered.— The medical history of the candidate since the
date of his last examination for promotion shall be considered in connection with his
physical examination, which shall relate only to his qualifications to perform the duties
of the grade to which he seeks admission or promotion, and not those of any other grade.
What record must show.— Each record must state fully what physical examination
of the candidate was made, and by whom, and whether the board recommends the
candidate for admission or promotion, as the ease may be.
Each member of the board then made a careful physical examina-
tion of the candidate and found no trace of any ailment or disability
now existing.
Var, 1, examination of the candidate, giving special
attention to the following entries contained in his medical history;
viz, febris continua simplex, vulnus punctum, etc., and found no
trace of any ailment or disability now existing.
Var. 2. and found that he is suffering from .
Var. 3. Each member of the board then made a careful physical
examination of the candidate and found that he has recovered from
the ailment noted in his medical record for the period since January
3, 19 — ; that he has lost his left leg at the knee; that such disability
was occasioned by a wound received in the line of his duty; and
that it does not incapacitate him for other than sea duties in the grade
243
244 PROCEEDINGS OF A BOAED OF MEDICAL EXAMINERS.
to which he shall be promoted; that there is no other disability now
existing; and therefore,
We hereby certify that is physically qualified to perform
all his duties except those at sea, and recommend him for promotion
in accordance with the provisions of section 1494 of the Revised
Statutes.
Var. 4. The board finds that 's wounds were received in the
line of duty and do not at present incapacitate him for other than his
duty as a watch officer at sea. The board, therefore, in consideration
of the provisions of section 1494 of the Revised Statutes, recommend
him for promotion.
We hereby certify that Lieut. X Y. Z , U. S. Navy,
is physically qualified to perform all his duties at sea, and recommend
him for promotion.
Var. 1. We hereby certify that Lieut. X Y. Z , U. S.
Navy, is not physically qualified to perform all his duties at sea, and
do not recommend him for promotion.
Var. 2. We hereby certify that Lieut. X Y. Z , U. S.
Navy, is not physically qualified to perform all his duties at sea,
owing to , and we recommend that he be further examined
physically in months in order to ascertain the extent of his
incapacity (or, recommend that he be ordered before a retiring
board).
Physical examination before promotion.— No officer shall be promoted to a higher
grade on the active list of the navy, except in the case provided in the next section,
until he has been examined by a board of naval surgeons and pronounced physically
qualified to perform all his duties at sea. (Sec. 1493, R. S.)
Physical disability due to wounds.— The provisions of the preceding section shall
not exclude from the promotion to which he would otherwise be regularly entitled any
officer in whose case such medical board may report that his physical disqualification
was occasioned by wounds received in the line of his duty, and that such wounds do
not incapacitate him for other duties in the grade to which he shall be promoted. (Sec.
1494, R. S.)
Physical examination of candidates for appointment.— The following variation
applies to the physical examination of candidates for admission to all staff corps, which
examination shall precede the mental and professional, and if the candidate be physi-
cally unfit he shall not be examined otherwise.
Candidates for pay corps.— In the case of candidates for the pay corps, the board of
medical officers shall prepare its report in each case in accordance with the form here
given and shall transmit the same to the examining board of pay officers.
Var. 3. We hereby certify that Mr. is (not) phys-
ically qualified for admission to the United States Navy as an
assistant paymaster (or, assistant surgeon; or, as the case may be)
and (do not) recommend him for appointment.
C B. A -,
Medical Inspector, U. S. Navy, President.
F E. D ,
Surgeon, U. S. Navy, Member.
K H. G ,
Passed Assistant Surgeon, U. S. Navy, Member.
N M. L ,
Assistant Surgeon, U. S. Navy, Recorder.
PROCEEDINGS OF A BOAED OF MEDICAL EXAMINERS. 245
Precept for board of medical examiners.
Navy Department,
Washington, April fO, 19 — .
Sir: A board of medical examiners, to examine and report upon the physical quali-
fications of such candidates for (admission or) promotion as may be directed to appear
before it, is hereby ordered to convene at the navy-yard, New York, N. Y., on
Thursday, April 30, 19—, at 10 o'clock a. m., or as soon thereafter as practicable.
The board will be composed of yourself as president, and of Surg. F E.
D and Passed Asst. Surg. K H. G , U. S. Navy, as members.
Asst. Surg. N M. L , U. S. Navy, will act as recorder.
The proceedings of the board will be conducted in accordance with the provisions
of the Navy Regulations and the Forms of Procedure issued by the Navy Depart-
ment.
This employment on shore duty is required by the public interests.
Very respectfully,
C F. L ,
Secretary of the Navy.
Medical Inspector C B. A — , U. S. Navy,
Navy- Yard, New York, N. Y.
Precept in blank, etc.— For precept in blank for examination on foreign station, etc.,
letter transmitting same, letter to candidate, etc., see Naval Examining Board.
Board of one officer.— In cases of urgent necessity the board may be composed of a
single medical officer, in which case the oath should be administered by an oflBcer or
other person lawfully authorized to perform that act.
Certificate of candidate.
Board op Medical Examiners,
Navy- Yard, New York, N. Y.,
April 30, 19—.
I hereby certify that I am, to the best of my knowledge and belief, physically
qualified to perform all the duties at sea in the grade for which I am a candidate
for promotion (or appointment), and that I am at present free from all bodily ail-
ments.
(In the case of a candidate for admission, add the following:)
I was born at , County, in the State of , on the day of
, in the year , and am at this time a legal resident of the State of .
My home address is 352 State Street, Columbus, Ohio.
My local address is 1422 Washington Avenue, Washington, D. C.
William Robert Anderson, M. D.
Subscribed and sworn to before me this day of , A. D. 19 — .
C B. A ,
Medical Inspector, U. S. Navy, President Board of Medical Examiners.
Meaning of certificate.- The above certificate is not a mere matter of form, and,
regardless of whether an officer has been doing duty or not, it is intended to be the can-
didate's statement that he has no physical ailment whatever of any kind.
246 PROCEEDINGS OF A BOARD OF MEDICAL EXAMINEES.
Medical history of candidate.
Navy Department,
Bureau of Medicine and Surgery,
Washington, April 15, 19-
Medical record of Lieut. X Y. Z , U. 8. Navy, since September S, 19-
L. R-
Surgeon-General U. S. Navy.
NAVAL RETIRING BOARD.
247
RECORD OF PROCEEDINGS
OP A
Naval Retiring Board
CONVENED AT
THE MILLS BUILDING, NAVY DEPARTMENT,
WASHINGTON, D. C.,
IN THE CASE OP
Capt. Q R. S , U. S. Navy.
March 9, 19—.
249
Naval Retiring Board,
Mills Building, Navy Department,
Washington, March 10, 19 — .
The board met at 10 a. m., March 9, 19 — {or, this day), pursuant
to an order; copy prefixed, marked ''A."
Var. pursuant to orders.copies prefixed marked **A1" to
"A3." (This variation is used when original members are detached,
when the date or place of meeting is changed, etc.)
Present :
Rear- Admiral A B. B ;
Capt. D — E. F ;
Medical Director R S. T-
Capt. G H. K , and
Surg. U V. W , U. S. Navy; members, and
Lieut. L M. N , U. S. Navy, recorder.
Capt. Q R. S , U. S. Navy, reported in obedience to
an order; copy prefixed, marked *^B."
The precept was read by the recorder and there was no objection
to any member.
(See variations, notes, and oaths under ''Naval examining boards.")
The recorder and the board were duly sworn.
A communication, appended, marked ''C," was received from the
Navy Department transmitting the papers named therein which
are appended, marked '' " to '^ ;" those marked " " to
*' ," inclusive, were read aloud.
Papers to be read.— All papers having any bearing on the physical or mental condi-
tion of the officer under examination shall be read as above indicated.
Authority of retiring board.— Said retiring board shall be authorized to inquire into
and determine the facts touching the nature and occasion of the disability of any such
oflScer, and shall have such powers of a court-martial and of a court of inquiry as may be
necessary. (Sec. 1449, R. S.)
The medical members were directed to examine into the past
and present physical and mental condition of Captain S — ; let-
ter of instructions, appended, marked '' ."
Pending the physical examination the board took a recess (or,
adjourned) in this case until 2 o'clock p. m., March 9,19 — (or, until
9.30 o'clock a. m., this day), when it reconvened; present, the
entire board and the officer under examination.
The medical members submitted a report which was sworn to,
read, and appended, marked '' ."
251
252 PROCEEDINGS OF A NAVAL RETIRING BOARD.
Captain S stated that he did not desire to question the
medical members, to rebut their evidence, nor to make a statement.
He was then discharged from further attendance.
Var. stated that he desired to question the medical mem-
bers {or, to rebut the evidence of the medical members) and re-
quested the board to subpoena as witnesses in rebuttal the following-
named persons (here insert names) {or, and requested permission to
make a sworn statement).
The request of Captain S was granted and the necessary
subpoenas issued {or, and the said sworn statement is appended,
marked " ." Pending the arrival of the witnesses the board
adjourned until .
The board met March — , 19 — , pursuant to adjournment of the
— instant.
Present: All the members, the recorder, and the oflBcer under
examination.
Medical Director C R , U. S. Navy, a witness on
the part of Captain S was duly sworn and testified as
follows:
The record of testimony of this witness was read aloud, pronounced
by him correct, and he withdrew.
(The same procedure is followed with regard to all witnesses.)
Captain S then submitted in evidence certain papers,
appended marked " " to " ."
Captain S had no further evidence to introduce and was
discharged from further attendance.
Right of officer to be heard.— No officer of the navy shall be retired from active service
or wholly retired from the service, without a full and fair hearing before such navy
retiring board, if he shall demand it, etc. (Sec. 1455, R. S.)
Completion of case before dlschai^e.— Care shall be taken not to discharge an officer
under examination until his case is fully completed.
Cause of incapacity must be reported. — When such retiring board finds an officer
incapacitated for active service, it shall also find and report the cause which, in its judg-
ment, produced his incapacity, and whether such cause is an incident of the service.
(Sec. 1451, R. S.)
The board, having dehberated on the evidence before it, decided
that Capt. Q R. S , U. S. Navy, is incapacitated for
active service by reason of apoplexy and that his incapacity is the
result of an incident of the service.
A B. C ,
Rear- Admiral, U. S. Navy, President.
D E. F ,
Captain, U. S. Navy, Member.
R S. T ,
Medical Director, TJ. S. Navy, Member.
G H. K ,
Captain, TJ. S. Navy, Member.
U- V. w ,
Surgeon, TJ. S. Navy, Member.
L M. N ,
Lieutenant, TJ. S. Navy, Recorder.
PROCEEDINGS OF A NAVAL RETIRING BOARD. 253
Var. 1. The board having deliberated on the evidence before it,
decided that Capt. Q R. S , U. S. Navy, is temporarily
incapacitated for active service by reason of malarial poisoning,
and recommends that he be granted sick leave for three months.
Var. 2. The board, having deliberated on the evidence before it,
decided that Capt. Q R. S , U. S. Navy, is incapaci-
tated for active service by reason of , and that his inca-
pacity is not the result of an incident of the service.
Var. 3. The board, having deliberated on the evidence before
it and having thereupon decided that prima facie it appears that
the incapacity of Capt. Q R. S , U. S. Navy, is the
result of his own misconduct, he was called before the board and
given an opportunity to be heard upon the charges against him, as
follows (insert charges).
Captain S had nothing to offer in relation to the charges
{or, made a sworn statement, appended marked " "), Or Cap-
tain S asked permission to introduce Mr. R , as
his counsel, which request was granted and Mr. R took his
seat accordingly.
Or Captain S requested the board to summon the follow-
ing persons as witnesses, which request was granted (insert names).
The board decided to call the following persons as witnesses (in-
sert names).
(Testimony of witnesses recorded as in general courts-martial.)
Captain S had no further witnesses to call and had nothing
further to offer.
The board was then cleared and, having deliberated on the evi-
dence before it, decided that Capt. Q R. S , U. S. Navy,
is incapacitated for active service by reason of , and that his
incapacity is not the result of an incident of the service but is the
result of his own misconduct.
Minority report.— If a member dissents from the finding and opinion of the board, he
is authorized to submit a minority report of his finding and opinion.
Record laid before President.— A record of the proceedings and decision of the
board in each case shall be transmitted to the Secretary of the Navy, and shall be laid
by him before the President for his approval or disapproval, or orders in the case. (Sec,
1452, R. S.)
Precept.
Navy Department,
Washington, March 1, 19-
Sir: a retiring board, consisting of yourself as president and of Capt. D
F , U. S. Navy; Medical Director R S. T , U. S. Navy; Capt. G-
H. K , U. S. Navy, and Surg. U V. W , U. S. Navy, as members, is
hereby ordered to convene at the Mills Building, Navy Department {or, the navy-
yard, , ), at 10 o'clock a. m., March 9, 19 — , or as soon thereafter as
practicable.
Lieut. L M. N , U. S. Navy, will act as recorder of the board.
The board will examine and report upon such oflficers as may, by the Secretary of the
Navy, be ordered to appear before it, in conformity with the provisions of Title XV,
chapter 3, of the Revised Statutes.
254 PROCEEDINGS OF A NAVAL RETIRING BOARD.
This employment on shore duty is required by the public interests.
Very respectfully,
C F. L-
Secretary of the Navy.
Rear- Admiral A B. C , U. S. Navy,
Commandant, Navy- Yard and Station,
Philadelphia, Pa.
Composition of board, etc.— Whenever any officer on being ordered to perform the
duties appropriate to his commission reports himself unable to comply with such order,
or whenever, in the judgment of the President, an officer is incapacitated to perform
the duties of his office, the President, at his discretion, may direct the Secretary of the
Navy to refer the case of such officer to a board of not more than nine nor less than five
commissioned officers, two-fifths of whom shall be members of the Medical Corps of the
navy. Said board, except the officers taken from the Medical Corps, shall be composed,
as far as may be, of seniors in rank to the officer whose disability is inquired of. (Sec.
1448, R. S.)
Letter to officer.
Navy Department,
Washington, March 1, 19 — .
Sir: Proceed to Washington, D. C, and report to the president of the Naval Retir-
ing Board, Mills Building, Navy Department Annex, at 10 a. m., Monday, March 9,
19 — , for examination in conformity with Title XV, chapters, of the Revised Statutes.
Upon the completion of this examination, return to your home and await orders.
Very respectfully.
C F. L-
Secretary of the Navy.
Capt. Q R. S , U. S. Navy,
Philadelphia, Pa.
Record of the service of Capt. Q R. S , U. S. Navy, since last examination.
D V. S , Chief of Bureau.
Medical record of Capt. Q R. S , U. S. Navy, July 20, 1900.
S. R-
Surgeon-General, U. S. Navy.
(Here follow other documents, reports of medical surveys, hospital tickets, case
papers, etc.)
PROCEEDINGS OF A NAVAL RETIRING BOARD. 255
Letter to medical members of board directing physical
examination.
Naval Retiring Board,
Navy Department,
March 9, 19—.
Gentlemen: You will be pleased to make a careful examination into the past and
present physical and mental condition of Capt. Q R. S , U. S. Navy,
whose case has been referred to this board for examination and report as to his capacity
to perform the duties appropriate to his commission, in conformity with Title XV,
chapter 3, of the Revised Statutes of the United States.
Besides a personal examination, you will examine closely all matter transmitted to
the board in this case by the Bureau of Navigation from the files and records of the
Navy Department, and you will also endeavor to obtain from any other authentic
source within your reach such information as will aid the board in the performance of
its duties, and will report the result in writing.
In case you find the officer under examination incapacitated for active service, you
will state whether, in your opinion, his disability is the result of an incident of the
service.
Very respectfully, A B, C .
Rear- Admiral, U. S. Navy, President.
Medical Director R S. T , U. S. Navy. -
Surgeon U V. W , U. S. Navy.
Letter from medical members to president of board.
Naval Retiring Board,
Navy Department,
Washington, March 9, 19-
Sir: We have carefully and separately examined Capt. Q R. S-
U. S. Navy, as to his past and present mental and physical condition, together with
the records pertaining to his case, and report as follows:
Captain S is — years old and has been — years in the naval service.
He has suffered from some of the common ailments, including , which are
shown to have originated in the line of duty, and with which are shown not to
have 80 originated. The foregoing ailments, however, have no bearing {or, have the
following bearing) on his present condition,
On July 27, 19—, he was transferred from the U. S. S. California to the United States
Naval Hospital, Norfolk, Va., with heart disease, which originated in the line of duty.
(The medical history should here be set forth m €Jie/iso.)
We believe him to be suffering with a chronic inflammation of the heart.
We consider this condition to be permanent, by reason of which he is incapacitated
for active service in the navy, and that his incapacity is (not) the result of an incident
of the service.
R S. T ,
Rear-Admiral A B. C , U. S. Navy,
President of Board.
Sworn to and subscribed before me, March 9, 19 — .
Medical Director, U. S. Navy.
U V. W ,
Surgeon, U. S. Navy.
B. C-
Rear- Admiral, U. S. Navy, President.
256 PROCEEDINGS OF A NAVAL RETIRING BOARD.
Var. 1. We find that is suffering from neurasthenia, which,
by the records, is shown to have originated in the line of duty.
We consider this condition to be temporary and, therefore, he is not
permanently incapacitated for active service in the navy. We find
that he is at present unfit for duty and recommend that he be ordered
to a naval hospital for treatment and further observation.
Var. 2. We find that he is at present unfit for duty and
recommend that he be granted sick leave for three months,
Var. 3. We therefore find that is not incapacitated
for active service.
BOARD OF SELECTION FOR RETIREMENT.
8483—10 17 257
RECORD OF PROCEEDINGS
OP A
Board of Selection for Retirement
CONVENED AT
THE NAVY DEPARTMENT, WASHINGTON, D. C,
June 1, 19 — .
259
Navy Department,
Washington, July 1, 19 — .
The board met at 10 a. m., June 1, 10—, pursuant to an order
appended, marked '*A."
Present :
Rear-Admiral A B ,
Rear-Admiral C D ,
Rear-Admiral E F ,
Rear-Admiral G H , and
Rear-Admiral I J , U. S. Navy; members, and
Lieut. Commander K L , U. S. Navy, recorder.
The recorder read the precept.
The members of the board were severally duly sworn by Mr.
M N , a notary public.
Oath administered to members —You, and each of you, solemnly swear {or affirm)
that you will without prejudice or partiality, and having in view solely the special fitness
of officers and the efficiency of the naval service, perform the duties imposed upon you
by your appointment as a member of this board.
The recorder read a letter from the Bureau of Navigation relative
to the condition of the navy list on June 1, 19 — ; appended, marked
The board then examined the records of captains, commanders,
lieutenant commanders, and lieutenants on file in the Navy Depart-
ment, all of which were placed at the disposal of the board,
continuing the examination from day to day {or as the case may be)
until June 18, 19 — , when it adjourned to await further information
from the Navy Department as to the number of compulsory
retirements that would be required under the provisions of section
9 of the navy personnel act, approved March 3, 1899.
The board reassembled at 10 a. m., this day. Present: All the
members and the recorder.
The recorder read a letter from the Secretary of the Navy, appended,
marked ''C," stating that the board would be required to select
twelve officers for compulsory retirement.
Var. stating that it will not be necessary for the board to
make any selections for compulsory retirement.
261
262 PROCEEDINGS OF A BOARD OF SELECTION FOR RETIREMENT.
The board then further examined the records of certain officers,
keeping in mind the instructions contained in the precept, and, after
due dehberation, reports that it has selected the following-named
officers for compulsory retirement :
Capt. Z Y , U. S. Navy.
Capt. X W , U. S. Navy.
Lieut. N M , U. S. Navy.
If no officers selected.— In case no officers are to be selected, the foregoing paragraph
and list of names will be omitted.
The board then adjourned to await the action of the Navy
Department.
A B ,
Rear-Admiral, U. S. Navy, President.
C D ,
Rear-Admiral, TJ. S. Navy, Memher.
E F ,
Rear-Admiral, U. S. Navy, Memher.
G H ,
Rear-Admiral, TJ. S. Navy, Memher.
I J ,
Rear-Admiral, TJ. S. Navy, Memher.
K L ,
Lieutenant- Commander, TJ. S. Navy, Recorder.
Precept for board of selection for retirement.
Navy Department,
Washington, May 20, 19 — .
Sir: In pursuance of the provisions of section 9 of the act of Congress entitled "An
act to reorganize and increase the efficiency of the personnel of the Navy and Marine
Corps of the United States," approved March 3, 1899, a board of selection for retire-
ment is hereby ordered to convene in the reception room (No. 275), Secretary's office.
Navy Department, Washington, on Saturday, the first proximo, at 10 o'clock a. m.,
for the purpose of selecting the officers whose retirement may be rendered necessary
under the provisions of section 9 of the act above mentioned.
The board will obtain from the Bureau of Navigation such information respecting
the present and prospective condition of the navy list as may facilitate the performance
of its duties.
It shall be the duty of the board, without prejudice or partiality, and having in
view solely the special fitness of officers and the efficiency of the naval service, to
examine, as far as the proper performance of its duties requires, the service and
medical records on file in the Navy Department of all officers in the grades of captain,
commander, lieutenant-commander, and lieutenant, which records, or such of them
as may be necessary, are at the disposal of the board.
PEOCEEDINGS OF A BOARD OF SELECTION FOR RETIREMENT. 263
As soon as practicable after the Ist of July next, the board will report its selections
for retirement to the Department.
The board will consist of yourself as president, and of Rear-Admiral C
D , Rear-Admiral E F , Rear-Admiral G H , and
Rear-Admiral I J , U. S. Navy, as members.
Lieut. Commander K L , U. S. Navy, will act as recorder.
The proceedings of the board will be conducted in accordance with the provisions
of the Navy Regulations and the Forms of Procedure issued by the Navy Department.
The oath taken by the members will be that prescribed in said regulations, and will
be administered by a notary public provided by the Department, when requested.
This employment on shore duty is required by the/j5ublic interests.
Very respectfully,
C F. L ,
Secretary of the Navy.
Rear-Admiral A B , U. S. Navy,
Commandant, Navy- Yard, New York, N. Y.
Letter from Bureau of Navigation relative to navy list.
Navy Department,
Bureau op Navigation,
Washington, June 1, 19 — .
Sir: As the navy list now stands it will be necessary to make fifteen (15) vacancies
above the grade of lieutenant (junior grade) on June 30, 19 — , in order to bring the
yearly average number of vacancies above that grade up to forty (40), the number
required by section 8 of the navy personnel act.
Up to the present time two (2) applications for voluntary retirement have been
received, leaving thirteen (13) vacancies to be made. If more applications for vol-
untary retirement are received the bureau will advise the board.
Very respectfully, T U. V ,
Chief of Bureau.
The President of the Board on Selection for Retirement.
Letter informing board as to number of oflacers to be selected
for retirement.
Navy Department,
Washington, July 1, 19 — .
Sir: You are informed that it will be necessary for the board of which you are
president to select twelve officers for compulsory retirement under the provisions of
section 9 of the navy personnel act, approved March 3, 1899, in order to bring the yearly
average number of vacancies above the grade of lieutenant (junior grade) as near to
forty as possible in accordance with the provisions of section 8 of the act referred to.
The following is a list of the officers who have requested voluntary retirement on
June 30, 19 — , and whose names will be submitted to the President for retirement from
that date :
(Here follow names.)
264 PROCEEDINGS OF A BOARD OF SELECTION FOR RETIREMENT.
The Bureau of Navigation will furnish the board with a correct list of the officers of
the line of the navy as it stands to-day.
Very respectfully, C F. L ,
Secretary of the Navy.
The President op the Board on Selection for Retirement.
(Or)
Navy Department,
Washington, July 1, 19 — .
Sir: The number of applications for voluntary retirement on June 30, 19 — , has been
sufficient to cause the average yearly number of vacancies above the different grades
of the line of the navy as required by section 8 of the navy personnel act, approved
March 3, 1899. It will not, therefore, be necessary for the board of which you are
president to make any selections for retirement under the provisions of section 9 of the
said act.
Very respectfully, C F. L ,
Secretary of the Navy.
The President op the Board on Selection for Retirement.
MARINE EXAMINING BOARD.
265
RECORD OF PROCEEDINGS
OF A
Marine Examining Board
CONVENED AT
THE MARINE BARRACKS, NAVY-YARD, MARE ISLAND, CAL.,
IN THE CASE OF
First Lieut. X Y. Z , U. S. Marine Corps.
June 2, 19 — .
267
Examining Board Room, Marine Barracks,
NAVY-YAp), Mare Island, Cal.,
/ June 10, 19—.
The board met at 10 a. m., June 2, 19 — , pursuant to an order;
copy prefixed, marked ^'A."
Var. pursuant to orders, copies prefixed marked "Al" to
"A3." (This variation is used when original members are detached,
when the date or place of meeting is changed, etc.)
Promotion of commissioned officers In Marine Corps.—" * * * hereafter pro-
motions to every grade of commissioned officers in the Marine Corps below the grade
of commandant shall be made in the same manner and under the same conditions as
are now or may hereafter be prescribed in pursuance of law for commissioned officers
of the army." (From act approved July 28, 1892.)
Promotions in tiie army.—" Sec. 3. That the President be, and he is hereby, author-
ized to prescribe a system of examination of all officers of the army below the rank of
major to determine their fitness for promotion, such an examination to be conducted
at such times anterior to the accruing of the right to promotion as may be best for
the interests of the service: * * * Provided, That if any officer fails to pass a satisfac-
tory examination and is reported unfit for promotion, the officer next below him in
rank having passed said examination shall receive the promotion: And provided,
. That should the officer fail in his physical examination and be found incapacitated for
service by reason of physical disability contracted in line of duty, he shall be retired
with the rank to which his seniority entitled him to be promoted; but if he should fail
for any other reason he shall be susi)ended from promotion for one year, when he shall
be reexamined, and in case of failure on such reexamination he shall be honorably dis-
charged with one year's pay from the army: * * * " ( From act approved October 1,
1890.)
Present:
Maj. A B. C , U. S. Marine Corps;
Maj. D E. F , U. S. Marine Corps;
Surg. G H. K , U. S. Navy;
Surg. L M. N , U. S. Navy, and
Capt. O P. Q , U. S. Marine Corps; members, and
First Lieut. R S. T , U. S. Marine Corps, recorder.
Var. 1. Maj. D E. F , U. S. Marine Corps, a member,
was absent on account of illness (or other cause) which being only-
temporary, the board adjourned to meet the following day.
The board met at 10 a. m., June 2, 19—. Present: All the
members and the recorder.
Var. 2. Maj. D E. F , U. S. Marine Corps, a member,
was absent on account of illness (or other cause) which would pre-
vent his attendance for an indefinite time. The president, there-
fore, addressed a letter to the convening authority in the matter,
269
270 PROCEEDINGS OF A MARINE EXAMINING BOARD.
and the board then adjourned to await further action in the premises,
copy of letter appended, marked " — ."
Procedure in case of absence.— In case of absence of a member or of the recorder
the record shall show the reason therefor, and, if the absence is to be more than temporary,
the board shall adjourn and the president shall inform the convening authority of the facts.
Members to familiarize themselves with regulations.— Before entering on the dis-
charge of their duties members of examining boards shall acquaint themselves with the
provisions of the chapter on "Boards," Navy Regulations.
Duties of medical members.— The medical officers shall take part only in the physi-
cal examination of the candidate for promotion.
Duties of recorder.— The recorder shall take no part in examining the candidate, but,
under the durection of the board, shall record its proceedings and prepare the record.
Presence of candidate.— All proceedings of the board, except its findings, recom-
mendations, deliberations thereon, and its deliberations on interlocutory questions shall
be in the presence of the candidate for promotion and his counsel, if hehas counsel present.
First Lieut. X Y. Z , U. S. Marine Corps, reported for
examination in obedience to his orders, copy prefixed, marked '^B.''
Candidate to present his orders.— The candidate shaU present his orders as his
authority for appearing; these orders shall be read by the recorder, and a copy thereof,
certified by the recorder, shall be prefixed to the record.
The precept (and orders altering the same were) was read by the
recorder, and there was no objection to any member.
Procedure in case of challenge.— The candidate may challenge members, only one
at a time, for causes stated, the validity of the challenges to be determined by the full
board, according to the Regulations and the procedure of general courts-martial. The
record must show that the candidate afforded opportunity to challenge. If a challenge
is sustained, the president shall report the facts to the convening authority and the
board shall adjourn. (See variations under procedure of general court-martial.)
The recorder and the board were duly sworn.
How oaths administered.— The recorder shall first swear the several members,
including the medical officers, and the president shall then swear the recorder.
Form of oaths.— For form of oaths, see chapter on "Boards," Navy Regulations, or
procedure of a naval examining board.
The recorder read the medical record of the candidate; appended,
marked 'T."
Medical record, etc., to be read aloud.— The medical record of the candidate since
his last examination, as furnished by the Navy Department, and other documents
pertaining to his physical fitness, including any pertinent extracts from the military
history, reports on fitness, interrogatories, etc., shall be read aloud and appended to the
record.
The candidate submitted a certificate, appended, marked ''D," as
to his physical qualifications, and he was then directed to report to
the medical officers for physical examination, during which the board
took a recess, the medical members and the candidate withdrawing.
Candidate's certificate signed by himself.— The candidate's certificate as to his
physical qualifications shall be signed by himself as of the date of examination.
Medical members shall personally examine candidate.— Each of the medical mem-
bers shall thoroughly examine the candidate as to his physical qualifications for pro-
motion.
Defects of vision.— Defects of vision that may be entirely corrected by glasses do not
disqualify unless they are due to, or are accompanied by, organic disease.
The board reassembled. Present : All the members, the recorder,
and the candidate.
PROCEEDINGS OF A MARINE EXAMINING BOARD. 271
The report of the medical officers, that the candidate is physically
qualified for promotion, was read by the recorder, adopted by the
board, and appended, marked ^^E."
Question of physical fitness.— All questions relating to the physical fitness of an
officer for promotion shall be determined by the full board.
The medical officers were excused from further attendance.
Var. The report of the medical officers, that the candidate is
not physically qualified for promotion, was jead by the recorder,
concurred in by the full board, and apt^ended, marked '' ."
The board then resolved itself into a retiring board.
A communication, marked " C," was received from the Commandant of the
Marine Corps, etc. (Continue as in n^rine retiring board.)
Procedure on physical disqualification.— When the board decides that the candi-
date is physically disqualified for promotion the examinations as to his other qualifica-
tions shall not be held, but the board shall examine and report in full, according to
the procedure of a marine retiring board, upon the cause which in its judgment pro-
duced the disability, and whether or not such disability was contracted in line of duty.
Finding signed by all concurring members.—In such case the finding shall be signed
by all the members, including the medical officers, who concur therein, and the votes of
a majority shall decide; any member who dissents shall state his reasons for so doing,
which reasons shall be entered in the record and signed by the dissenting member.
Procedure on reexamination.- The procedure prescribed herein shall be followed
in the reexamination of officers suspended from promotion under the last proviso
in section 3 of the act of October 1, 1890, quoted above.
A communication, appended, marked '^ ," was received from
the Commandant of the Marine Corps, transmitting the papers
named therein; which were duly considered by the board, and which
are appended, marked ^' " to ^' ."
Marking of documents.— Each document attached to the record shall be plainly
marked in the lower fight hand corner of its first page for identification. Documents
pertaining to the organization of the board shall be marked by capital letters; instru-
ments of evidence, by numbers.
Arrangement of documents,— Reports of fitness, answers to interrogatories, com-
mendatory letters, letters relating to indebtedness, etc., shall be appended to the record,
all papers of each class together and arranged in chronological order in each class.
Fitness as regards general efficiency.— The use an officer has made of his opportu-
nities in the past, his ability to apply practically his professional knowledge, and his
general trustworthiness and ability in the performance of his official duties will be taken
under consideration. To this end, whenever an officer is ordered to examination for
promotion, the Commandant of the Marine Corps shall forward to the president of the
board all papers on file in his headquarters and in the Navy Department pertaining to
or affecting the efficiency of the candidate; the commanding officer under whom he is
serving, and the commanding officer of his regiment (if serving in a regiment), without
further instructions, shall prepare and forward without delay a report on fitness, in
accordance with the Navy Regulations, up to the latest practicable date prior to the
candidate's examination.
General efficiency assumed.— In the absence of evidence to the contrary from
authoritative sources, an officer's fitness as to general efficiency will be assumed.
Procedure in case general efficiency is not assumed.— If the general efficiency of the
candidate is not assumed, the candidate shall be furnished full information as to any
allegations concerning his lack of such efficiency, names of accusers, and witnesses,
and documentary evidence against him; he shall be allowed to examine such witnesses
and evidence, and to testify and introduce evidence in his own behalf.
Unfavorable entries Investigated.— In case of entries in the medical history of the
candidate or other accompanying papers indicating unfitness, the matter shall be in-
vestigated by the board.
272 PKOCEEDINGS OF A MARINE EXAMINING BOARD.
Scope of interrogatories.— The board shall decide concerning the officers or other
persons to whom interrogatories shall be sent and shall decide upon the scope and char-
acter of such interrogatories; but no inquiry as to matters of opinion shall be put to any
officer who is junior in rank to the candidate.
Examination of witnesses.— If the candidate requests that witnesses be examuied
in his behalf, the board shall, so far as the request appears to be reasonable, examine the
witnesses in his presence or by taking their depositions.
Wliat facts not inquired into.— The board shall not inquire into nor consider any
fact which occurred prior to the last examination of the candidate whereby he was
promoted and which has been inquired into and decided upon, unless such fact con-
tinuing shows his present unfitness for promotion.
Marie in generai efficiency.- The mark in general efficiency shall be based upon
reports of fitness; answers to interrogatories; documentary- evidence submitted to the
board by the Navy Department, the Commandant of the Marine Corps, or the candidate;
and such other relevant evidence as may be submitted by the candidate or obtained by
the board on its own initiative. All the foregoing shall be embodied in full in the record,
or properly appended thereto, each class of evidence by itself.
Var. The board was cleared. (All persons shall withdraw except
the board.)
The board was opened, the candidate appeared and was informed
that his general efficiency could not be assumed owing to the follow-
ing adverse evidence of record, which was read by the recorder:
Copy of general court-martial order, dated October 27, 19 — ;
marked " ."
Copy of letter of reprimand from the Secretary of the Navy, dated
June 12, 19—; marked " ."
Report by Colonel , U. S. Marine Corps, Commanding
First Brigade of Marines, Philippine Islands, dated May 18, 19 — ;
marked '* ."
■X- * * * * -x- *
The candidate was informed that he would be heard upon the fore-
going matters, and he asked permission to introduce P Q
as a witness, which request was granted. The witness entered and
was duly sworn,
(Testimony recorded as for defense in a general court-martial.)
First Lieutenant Z had nothing further to offer and did not
desire to make a statement. {Or, but made a sworn statement,
appended, marked " .") (The candidate shall always be given
an opportunity to make a statement with reference to his general
efficiency, when such efficiency is not assumed.)
Presence of members dnring examination.— During the oral and practical exami-
nations all the members, except the medical members, shall be present. Written ex-
aminations, when necessary, may be conducted In the presence of one member of the
board, for which purpose the board may be divided into committees before whom the
examinations will l)e continued from day to day until completed, after which the
board shall reassemble to determine its findings.
Professional examination of field officers.— A field officer is not required to be ex-
amined professionally.
The board then conducted the professional examination of the can-
didate, as follows :
Var. The candidate presented a graduating certificate of the
School of Application, U. S, Marine Corps, dated , copy ap-
pended, marked ''■ — — ," which was accepted by the board as suffi-
cient evidence of proficiency in the subjects of , enumerated
therein.
PEOCEEDINGS OF A MARINE EXAMINING BOARD. 273
Graduating certificate,— Graduating certificates of the School of Application, dated
not more than three years anterior to the accruing of the vacancy to which the candi-
date is entitled, shall be accepted as sufficient evidence of proficiency in the subjects
eniimerated therein, except in professional efficiency.
June 2. Subject, Administration; began, 11.15 a. m.; ended, 12.30
p. m.
Character of professional examination.— The examination shall be such as will
fuUy test an officer's knowledge of the general principles of aU the duties pertaining to
the particular branch of the corps that devolve upon him by reason of his promotion to
the next higher grade. In aU examinations the board shall form their opinion of an
oflicer's professional qualifications by comparison,^f his knowledge with his age, service,
and opportunities for acquiring such knowledge. The examination shaU be in no sense
scholastic, and the practical exercises and problems shall not be so framed as to require
a knowledge that extends beyond the functions of the next higher grade.
Examinations, oral and practical.— Elxaminations in all professional subjects shall
be oral and practical, with the exceptions mentioned in the notes following this form
of procedure. /
June 2. Subject, Drill regulations and signaling; began, 1.30 p. m.;
ended, 2.25 p. m.
Failure on practical examination.— In case of failure on practical examination In
any subject, the board shall conduct a second practical test of sufficient scope to determine
beyond doubt the officer's actual degree of efficiency in the subject.
June 2. Subject, Firing regulations; began, 2.30 p. m.; ended, 4
p. m.
The candidate (if a second lieutenant) was then directed to proceed
at daylight (or as may be) the following morning to make a road (or
position) sketch (locality assigned) and to bring the same before the
board at 9 a. m. the next morning, which direction was complied with.
June 3. Subject, Completing road sketch; began, 9 a. m.; ended,
n a. m.
June 3. Subject, Fire discipline; began, 11.05 a.m.; ended, 12.15
p. m.
Var. The oral examination of the candidate in fire discipline
being unsatisfactory, the board proceeded with a vsritten examina-
tion on that subject; appended, marked " ." (The questions
asked and the candidate's answers shall be appended as written.)
June 7. Subject, Minor tactics; began, 1.30 p. m.; ended, 2.30 p. m.
*******
June 9. Subject, Naval ordnance and gunnery; began, 11.20 a. m.;
ended, 12.10 p. m.
Entry of Incidents out of tlie ordinary.— Any incidents out of the ordinary routine
of the examination which occurs on a date included in the above table of examinations
shall be entered, under the proiier date, and the tabulation shall then continue.
The candidate (if a captain) was then assigned a problem and the
board adjourned until the following day, when the solution was sub-
mitted by the candidate; appended, marked '' ."
The exercises in practical drill were next proceeded with.
Problems for first and second lieutenants.— In connection with the practical drill,
a problem shall be given to a first or second lieutenant, as follows: For a first lieutenant—
a practical problem to solve in the field, on varied ground, adjacent to the post, when
8483—10 18
274
PROCEEDINGS OF A MARINE EXAMINING BOARD.
in command of a company; for a second lieutenant— a practical problem in reconnois-
sance, sufficient men being used to simulate the enemy, to be worked out in varied
countrj^ adjacent to the post.
Practical exercises never omitted.— I'ractical exercises may be postponed from
day to day, in case of unpropitious weather, but shall never be omitted or curtailed,
except as set forth in the third class of written examinations; see note, post.
A copy of all questions asked in the several subjects, a description
of sketches and problems assigned, and a list of the practical maneu-
vers explained and performed, are appended, marked " ."
Copies of questions, answers, marks, etc., appended. — There shall be appended
to the record in each case a copy of all questions asked and a description of all prac-
tical exercises, which will show in the case of oral and practical examinations the
marks assigned by the individual members of the board and the marks assigned by
the board as a whole to each. In the case of a written examination each question
shall be attached to the record together with the answers thereto written by the can-
didate, the marks assigned to each answer by the individual members of the board,
and the marks assigned by the board as a whole to each.
Candidate's certificate. — At the conclusion of his examination the candidate shall be
called upon to sign and submit a certificate to the effect that he has not received assist-
ance from any tmauthorized source.
The candidate submitted a certificate, appended, marked " ,"
that he had received no unauthorized assistance.
Finding in case of field officer.— In the case of a field officer, the finding and recom-
mendation shall only refer to the general efficiency and the physical fitness of the can-
didate.
Finding and recommendation confidential. — The finding and recommendation of
the board shall be regarded by the members and recorder as confidential.
Record to show that unfavorable matter considered.— In case any of the papers
submitted to the board are unfavorable to the candidate and the board finds him quali-
fied notwithstanding such evidence, the record must show affirmatively that these
unfavorable matters were duly considered and state the board's conclusions in regard
thereto. (See variation after certificate of naval examining board.)
The board assigned the several marks, as shown in the following
table :
Marks and percentages reported. — When both oral (or written) and practical exam-
inations are required, the board shall report the marks attained in each examination,
in each subject, whether oral, written, or practical, appropriately inserting the several
marks in the different subjects, exercises, and problems as subheads in the following
tabulation.
Marks required for promotion. — No officer shall be recommended for promotion
who fails to attain in each examination a mark of 3.0 (75 per cent) in each oral or writ-
ten, and in each practical, examination in every subject, nor if his mark in general
efficiency is less than 3.0.
Subject.
Administration
Drill regulations
Firing regulations
Fire discipline
Military field engineering
Naval and military law
Minor tactics
Naval ordnance and gunnery.
General efficiency
Average.
Mark.
3.00
4.00
3.00
3.00
3.70
3.15
3.00
3.05
Weight.
25
Multiple.
9.00
16.00
6.00
6.00
3.70
6.30
6.00
6.10
25.10
84.20
3.37
What final opinion must show.— The record of the final opinion of the board as to
the fitness or unfitness of an officer for promotion shall show under which heads the
officer's qualifications are considered satisfactory, and under which, if any, they are
unsatisfactory.
PROCEEDINGS OF A MARINE EXAMINING BOARD. 275
The board is of the opinion that First Lieut. X Y. Z ,
U. S. Marine Corps, has the general efficiency, and the physical and
professional qualifications to perform the duties of the next grade
to which he will be eligible, and does, therefore, recommend his
promotion thereto.
Var, 1. has the general efficiency and the physical quali-
fications, but has not the professional qualifications to perform the
duties of the next grade to which he will be eligible, and does not,
therefore, recommend his promotion thereto (or, as the case may
be).
Var. 2. (In case of field officer.) /- has the general effi-
ciency and physical qualifications to perform the duties of the next
grade to which he will be eligible, and does, therefore, recommend
his promotion thereto.
A B. C ,
Major, V. S. Marine Corps, President
D E. F ,
Major, U. S. Marine Corps, Member.
O p. Q ,
Captain, TJ. S. Marine Corps, Member.
R S. T ,
First Lieut., TJ. S. Marine Corps, Recorder.
Notes relating to examination of Marine Officers.
Board to prepare questions. — Before beginning the examination in a subject the
board shall prepare and prescribe, in writing, such number of questions on each sub-
ject as it may deem necessary to test thoroughly the theoretical knowledge of the
officer being examined; it shall also require such practical exercises, including prob-
lems, appropriate to the subjects of the examination as it may deem necessary to
demonstrate his capacity to perform properly the duties of the office for which he is
examined. The board shall assign a weight (which shall be entered on the margin
of the paper) to each question, exercise, and problem which shall be used only in
calculating the average in the subject.
Uniformity in questions. — In the interest of uniformity and for the assistance of
boards, the latter will be furnished by the Commandant of the Marine Corps with lists
of questions on the subjects of examination, with weights attached. Boards will not
be expected, however, to use or to confine themselves exclusively to the questions con-
tained in these lists, but are authorized to frame and ask any questions, with suitable
weights attached, selected from the publications recommended for study, or to use
blackboards or illustrations which will facilitate its work and which it may deem
necessary during the progress of the oral, written, or practical examinations. The use
of diagrams and sketches is authorized.
Manner of assigning questions. — The officer being examined shall be furnished
with only such number of questions or be required to conduct such practical exercises
as he may be able to answer or complete before a recess or adjournment is taken.
Board to note value of answer. — As each question is answered or each exercise is
completed, each member of the board shall note his estimate of the value of the answer
given or the exercise conducted. These estimates shall be made on a scale of 4 to
0, a 4 representing perfect, and the use of tenths in marking is authorized.
276 PROCEEDINGS OF A MARINE EXAMINING BOARD.
Calculation of average. — The average which the candidate obtains in a subject shall
be calculated as follows: Each member shall multiply the estimate (on the scale of 4
to 0) given by him to an answer or exercise by the weight previously assigned thereto;
the sum of the products divided by the sum of the weights will be each member's
average. The mean of these averages shall be the average which the candidate obtains
in that subject.
Final average. — The final average of the candidate shall be calculated as follows:
Multiply the average in a subject by the weight assigned that subject; the sum of the
products is the final multiple, and the final multiple divided by the sum of the
weights is the final average.
Examination to include all subjects. — The examination of the candidate shall
include all the subjects required, whether he is found satisfactory or deficient in any
of them.
Continuance of examination. — Examinations shall continue from day to day, Sundays
and holidays excepted, until completed.
Troops and material furnished. — Commanding officers of posts at or in the vicinity
of which boards may be appointed to meet shall furnish, upon request, such available
troops and material as may be required by examining boards in carrying out the pre-
scribed examination.
Written examinations. — Written examinations, which shall be sufficiently com-
prehensive to test properly the officer's knowledge of the whole subject, shall be held
under the following circumstances:
First. In any subject or subjects prescribed for the promotion examination which
the record of the officer shows that he has pursued at the School of Application and
in which he has been pronounced deficient.
Second. In any subject in which the oral examination of the candidate is unsatis-
factory — i.e., below the mark of 3.0. In such case the written examination shall be
proceeded with at once. The questions shall be prepared and weights assigned, as in
oral examinations, and shall be written (or typewritten) immediately preceding each
answer thereto, respectively. The written examination being completed, the mem-
bers of the board shall estimate the value of the an^vers given and determine the
mark in the same manner as required in oral examinations.
Third. Whenever, owing to the exigencies of the service, it is impracticable for an
officer to appear before an examining board . In such case his professional examination
shall be conducted entirely in writing, in the presence of an officer, either selected
by his commanding officer, or designated by the convening authority. The proper
examining board shall prepare questions and problems, and forward them to the
commanding officer of the officer to be examined, or to the designated officer, with
instructions to have the questions answered in writing. The solution of problems
shall be submitted in writing. The medical officers will be specially designated by
the convening authority to conduct the physical examination; they shall be subject
to challenge in the usual manner, and the relevancy and validity of the challenge
shall be determined by the officer detailed to conduct the examination and the two
medical officers. In case the challenge is sustained, that fact shall be reported to the
convening authority.
The officer detailed to conduct the examination shall swear the two medical officers
in the usual manner. Should the medical officers find the candidate incapacitated
for service, further examination shall be suspended and the facts reported to the
president of the board, who shall communicate them to the convening authority.
Upon completion of the examination, all the papers shall be forwarded to the presi-
dent of the board.
Responsibility of recorder. — While the recorder is specially charged with keeping
the record, he does so under the directions of the board, and the board as a whole
is responsible for its correctness.
PROCEEDINGS OF A MARINE EXAMINING BOARD.
277
Transmission of record upon completion. — When the record is complete it shall
be transmitted to the Judge-Advocate-General of the Navy.
General subjects and weights. — The subjects and the weights assigned each in
calculating the final average shall be as follows:
For promotion from second to first lieutenant:
Subject.
Administration
Drill regulations and signaling
Firing regulations
Fire discipline
Military field engineering
Naval and military law
Minor tactics
Naval ordnance and gunnery..
Military topography
General efficiency
For promotion from first lieutenant to captain:
Subject.
Weight.
Maxima.
3
12
4
16
2
8
2
8
1
4
2
8
2
8
2
8
7
28
Administration
Drill regulations
Firing regulations
Fire discipline
Military field engineering
Naval and military law
Minor tactics
Naval ordnance and gunnery,
General efficiency
25
100
For promotion from captain to major:
Sabject.
Weight.
Maxima.
Drill regulations
5
3
5
12
20
Naval and military law
12
20
General efficiency
48
25
100
Precept.
Navy Department,
Washington, May 20, 19 — .
Sir: A marine examining board, for the examination of such candidates for promo-
tion as may be directed to appear before it, is hereby ordered to convene at the marine
barracks, navy-yard, Mare Island, Cal., on Monday, the Ist day of June, 19 — , at 10
o'clock a. m., or as soon thereafter as practicable.
The board will consist of yourself as pi*e8ident; and of Col. D E. F '■ — ,
U. S. Marine Corps, Medical Director G H. K , U. S. Navy, Col. L
M. N , U. S. Marine Corps, and Surg. P. Q , U. S. Navy, members;
and of First Lieut. R S. T , U. S. Marine Corps, as recorder.
278 PROCEEDINGS OF A MARINE EXAMINING BOARD.
The proceedings of the board will be conducted in accordance with the provisions
of the Navy Regulations and the Forms of Procedure issued by the Navy Department.
Very respectfully,
C F. L ,
Secretary of the Navy.
Col. A B, C , U. S. Marine Corps,
Commanding Marine Barracks,
Navy- Yard, Mare Island, Cat.
Form of precept.— The above form of precept will be used whatever be the rank of
the officers to be examined.
Composition of examining board.— Examining boards shall in all cases consist of
not less than five officers, three of whom shall, if practicable, be officers of the Marine
Corps, senior to the officer to be examined, and two of whom shall be medical officers of
the navy. When not practicable to detail officers of the Marine Corps as members of
such examining boards, officers of the line of the navy shall be so detailed. (From act
approved July 28, 1892.)
Professional examination.— When the candidate holds the rank of captain or below,
the board shall examine and report upon (1) his general efficiency, (2) his physical, and
(3) his professional fitness for promotion; when he holds the rank of major, lieutenant-
colonel, or colonel no professional examination is required.
Letter to candidate.
Headquarters U. S. Marine Corps,
Washington, May 28, 19 — .
Sir: Proceed to Washington, D. C, and report to the president of the marine
examining board, marine barracks, at 10 o'clock a. m., on Monday, the 1st proximo,
for the examination preliminary to promotion to the next higher grade.
When discharged by the board, return to your present station and resume your
duties.
Very respectfully, C B. A ,
Major-General, Commandant.
First Lieut. X Y. Z , U. S. Marine Corps,
Marine Barracks, Navy- Yard, New York.
Letter from tlie Secretary of the Navy to board concerning
challenge of member.
Navy Department,
Washington, June 2, 19 — .
Sir: Referring to your letter of the 1st instant, inclosing extracts from the record
of proceedings of the marine examining board of which you are president, in the case
of First Lieut. X Y. Z , IT. S. Marine Corps, relative to challenging of
Capt. O P. Q , U. S. Marine Corps, as a member of said board, you are
informed that the Department considers the reasons urged by Lieutenant Z— to
be valid and Capt. LT V. W , U. S. Marine Corps, is hereby appointed a
member of the board in place of Capt. O P. Q , relieved .
Very respectfully.
F. L-
Maj. A B. C , U. S. Marine Corps,
President Marine Examining Board,
Marine Barracks, Washington, D. C.
(Or, in case challenge is not regarded as valid:)
Secretary of the Navy.
PEOCEEDINGS OF A MARINE EXAMINING BOARD. 279
Navy Department,
Washington, June 2, 19 — ,
Sir: Referring to your letter of the 1st instant, inclosing extracts from the record of
proceedings of the marine examining board of which you are president, in the case of
First Lieut. X Y. Z , II. S. Marine Corps, relative to the challenging of
Capt. O P. Q , IT. S. Marine Corps, as a member of said board, you are
informed that the Department does not consider the reasons urged by Lieutenant
Z to be valid, and declines to relieve Captain Q as a member of the
board .
Very respectfully, / C F. L ,
Maj. A B. C , U. S. Marine Corps
President Marine Examining Board,
Marine Barracks, Washington, D
Secretary of the Navy.
Medical record of First Lieut. X Y. Z , U. S. Marine
Corps, since last promotion.
V L. D-
Surgeon-General, U. S. Navy.
Medical certificate of candidate.
Marine Examining Board,
Marine Barracks, Washington, D. C,
June 1, 19 — .
I hereby certify that I am, to the best of my knowledge and belief, physically
qualified to perform all the duties pertaining to the grade to which I am a candidate
for promotion, and that I am free from all bodily ailments.
X Y. Z ,
First Lieutenant, U. S. Marine Corps.
Meaning of certificate.— The above certificate is not a mere matter of form, and,
regardless of whether an officer has been doing duty or not, it is intended to be the
candidate's statement of his belief that he has no physical ailment whatever of any kind.
Statement not sworn to.— The candidate is not required to make the statement under
oath, and should not therefore be sworn.
Certificate of candidate at conclusion of examination.
Marine Examining Board,
Marine Barracks, Washington, D. C,
June 10, 19—.
I hereby certify that during my examination just concluded I have received no
assistance from any unauthorized source.
X Y. Z ,
First Lieutenant, U. S. Marine Corps.
280 PROCEEDINGS OF A MARINE EXAMINING BOARD.
Report of medical members to the board.
(See form of report under marine retiring board, which shall also be used by
examining boards.)
Military history of First Lieut. X Y. Z , IT. S. Marine
Corps, since last promotion.
S. R-
Colonel, Adjutant and Inspector.
Letter from president to medical members when board
resolves itself into a retiring board.
Marine Retiring Board, Marine Barracks,
Washington, June 1, 19 — .
Gentlemen: You will be pleased to make a careful examination into the past and
present physical condition of First Lieut. X Y. Z , U. S. Marine Corps,
whose case has been referred to this board for examination, and report as to his
capacity to perform the duties appropriate to his commission, in conformity with
Title XIV, chapter 2, of the Revised Statutes of the United States.
Besides a personal examination, you will examine closely all matter transmitted to
the board in this case by the Commandant of the Marine Corps from the files and
records of his headquarters and from those of the Navy Department, and you will
also endeavor to obtain from any other authentic source within your reach such
information as will aid the board in the performance of its duties, and will report
the result in writing.
In case you find the officer under examination incapacitated for active service,
you will state whether, in yom- opinion, his disability is the result of an incident of
the service.
Very respectfully, A B. C ,
Major, U. S. Marine Corps, President.
Surgeon G H. K , U. S. Navy.
Surgeon L M. N , U. S. Navy.
Report of medical members to board wMch resolves itself
into retiring board.
(See form of report under marine retiring board, which shall also be used by
examining boards.)
Interrogatories and reports on fitness in the case of First
liieut. X Y. Z , U. S. Marine Corps.
MARINE RETIRING BOARD.
281
RECORD OF PROCEEDINGS
OP A
Marine Retiring Board
CONVENED AT
THE MARINE BARRACKS, WASHINGTON, D. C,
IN THE CASE OP
First Lieut. X Y. Z , U. S. Marine Corps,
June 1, 19 — .
283
Marine Retiring Board,
Marine Barracks,
Washington, June 2, 19 — .
The board met at 10 a. m., June 1, 19 — {or, this day), pursuant
to an order; copy prefixed, marked ^'A."
Present :
Col. C B. A , U. S. Marine Corps;
Medical Inspector F E. D , U. S. Navy;
Maj. K H. G , U. S. Marine Corps;
Maj. N M. L , U. S. Marine Corps, and
Surg. Q P. O , U. S. Navy, members, and
First Lieut. T S. R , U. S. Marine Corps, recorder.
First Lieut. X Y. Z , U. S. Marine Corps, reported in
obedience to an order; copy prefixed, marked ^^B."
The precept was read by the recorder and there was no objection
to any member.
Challenge. — See procedure marine examining board in case of challenge of member.
The board and the recorder were duly sworn.
How oaths administered.— The oaths shall be administered in the order prescribed
by the procedure for marine examining boards.
Form of oaths. — For form of oaths, see naval examining board procedure.
A communication appended, marked ^'C," was received from the
Commandant of the Marine Corps, transmitting the papers named
therein which are appended, marked '^ " to '^ ;" those
marked '^ " to ^' ," inclusive, were read.
Papers bearing on physical condition read. — All papers having any bearing on
the physical condition of the officer under examination shall be read as above indicated.
Facts to be inquired into, and powers of board. — 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.
(Sec. 1248, R. S.)
The medical officers were directed to examine into the past and
present physical condition of First Lieutenant Z ; letter of
instructions appended, marked ^' ."
Pending the physical examination the board took a recess (or,
adjourned) in this case until 2 o'clock p. m., June 1, 19 — (or, until
9.30 o'clock a. m., this day), when it reconvened; present, the entire
board and the officer under examination.
285
286 PROCEEDINGS OF A MARINE RETIRING BOARD.
Officer desires retirement.— If the officer desires retirement, the record shall be con-
tinued as next shown; he shall be examined first, after which the medical officers shall
be examined.
Officer does not desire retirement.— If the officer does not desire to be retired, his
examination, and that of any witnesses he may wish to call, shall be postponed until after
the medical officers have been examined.
First Lieut. X Y. Z , U. S. Marine Corps, was asked
whether he wished to be retired, and repUed in the affirmative. He
was then duly sworn as a witness, and testified as follows :
Examined by the recorder (or by the board) :
1. "Q. State the nature of your disability, its cause, and how long
you have suffered from it.
A. (The officer may here make an oral statement or submit a
written one. If the latter, the record shall state) : The witness sub-
mitted a written statement, which was read and appended, marked
(( >j
2. Q. Is the statement submitted by you correct?
A. Yes.
(The board may then ask further questions.)
5. Q. Do you desire to make any further statement?
A •!* *t* 't*
Medical Inspector F E. D , U. S. Navy, a member
of the board, was duly sworn, and testified as follows:
Examined by the recorder {or by the board):
1. Q. Please submit to the board the result of your examination
of First Lieutenant Z .
The witness submitted a written report, signed by himself and
Surg. Q P. O , U. S. Navy, also a member of the board,
which was read and appended, marked ''— ."
2. Q. From what cause does First Lieutenant Z 's disability
proceed ?
j^ * * *
3. Q. Is the disability permanent?
4. Q. Is First Lieutenant Z — ^'s disability such as to incapaci-
tate him for active service ?
A •!* 't* *1*
Examination of senior medical officer.— The examination of the witness should
be conducted so as to bring out all material facts on the lines indicated.
First Lieutenant Z stated that he had no question to ask
(or asked the following questions) :
» * ^ * * * *
other medical member examined.— The other medical member of the board shall
then be similarly interrotjated.
If officer does not desire retirement.— The officer under examination for retirement,
in case he does not wish to be retired, shall next be permitled to call witnesses to rebut
the evidence of the medical officers, or to make a statement, as shown below.
PROCEEDINGS OF A MARINE RETIRING BOARD. 287
First Lieutenant Z stated that he did not desire to rebut
the evidence of the medical officers, nor to make a statement. He
was then discharged from further attendance.
Var. asked and received permission to subpcena
Dr. A B .
Dr. A B appeared, was duly sworn, and testified as
follows: (Examined as for defense in general court-martial.)
First Lieutenant Z had no other witnesses to call ; he made
a sworn statement appended, marked "— — ."
He was then discharged from further attendance.
(See variations under naval examining board.)
Findings of board.— When the board finds an officer incapacitated for active service,
it shall also find and report the cause which, in its judgment, has produced his incapacity,
and whether such cause is an incident of the service.
The board, having dehberated on the evidence before it, decided
that First Lieut. X Y. Z , U. S. Marine Corps, is incapaci-
tated for active service by reason of (here state reason), and that
his incapacity is the result of an incident of the service.
The board then adjourned.
C B. A ,
Colonel, U. S. Marine Corps, President.
F E. D ,
Medical Inspector, U. S. Navy, Member.
K H. G ,
Major, U. S. Marine Corps, Member. '
N M. L ,
Major, U. S. Marine Corps, Member.
Q p. O ,
Surgeon, TJ. S. Navy, Member.
T S. R ,
First Lieutenant, U. S. Marine Corps, Recorder.
Var. 1. decided that First Lieutenant , U. S. Marine
Corps, is not incapacitated for active service.
Var. 2. decided that is temporarily incapacitated
for active service by reason of malarial poisoning, and recommends
that he be granted sick leave for months.
Var. 3. decided that is incapacitated for active
service by reason of , and that his incapacity is not the result of
an incident of the service.
(See also variations under naval retiring board.)
288 PROCEEDINGS OF A MARINE RETIRING BOARD.
Precept.
Navy Department,
Washington, May 20, 19 — .
Sir: A retiring board, consisting of yourself as president and of Medical Inspector
F E. D , U. S. Navy, Maj. K H. G , U. S. Marine Corps,
Maj. N M. L , U. S. Marine Corps, and Surg. Q P. O , U. S.
Navy, members, is hereby ordered to convene at the marine barracks, Washington,
D. C, at 10 o'clock a. m., on Monday, June 1, 19 — , or as soon thereafter as practicable.
First Lieut. T S. R , U. S. Marine Corps, will act as recorder.
The board will examine and report upon such officers as may, by the Secretary of
the Navy, be ordered to appear before it, in conformity with sections 1622 and 1623,
and Title XIV, chapter 2, of the Revised Statutes of the United States.
This employment on shore duty is required by the public interests.
Very respectfully,
C r . Li ,
Secretary of the Navy.
Col. C B. A , U. S. Marine Corps,
Commanding Marine Barracks,
Navy- Yard, Philadelphia, Pa.
Manner of retirement. — The commissioned officers of the Marine Corps shall be re-
tired in like cases, in the same manner, and with the same relative conditions, in all
respects, as are provided for officers of the army, except as is provided in the next sec-
tion. (Sec. 1622, R. S.)
Composition of board.— In the case of an officer of the Marine Corps, the retiring
board shall be selected by the Secretary of the Navy, under the direction of the President.
Two-fifths of the board shall be selected from the Medical Corps of the Navy, and the
remainder shall be selected from officers of Marine Corps, senior in rank, so far as may be,
to the officer whose disability is to be inquired of. (Sec. 1623, R. S.)
Number on board.— A retiring board shall consist "of not more than nine nor less
than five officers, two-fifths of whom shall be selected from the Medical Corps." (Sec.
1246, R. S.)
Laetter to officer.
Navy Department,
May 28, 19—.
Sir: Proceed to Washington, D. C, and report to Col. C V. A , U. S.
Marine Corps, president of a marine retiring board, at the marine barracks, at 10 o'clock
a. m., on Monday, June 1, 19 — , for examination in conformity with sections 1622 and
1623, and Title XIV, chapter 2, of the Revised Statutes of the United States.
When discharged from further attendance before the board, return to your present
station and resume your duties.
Very respectfully, C F. L ,
Secretary of the Navy.
First Lieut. X Y. Z , U. S. Marine Corps,
Marine Barracks, Navy-Yard, Pensacola, Fla.
Record of tlie service of First Lieut. X Y. Z , U. S.
Marine Corps.
PEOCEEDINGS OF A MAEINE KETIRING BOARD. 289
Medical Record of First Lieut. X Y. Z , U. S. Marine
Corps.
Letter to medical members of board.
Marine Retiring Board, Marine Barracks,
Washington, June 1, 19 — .
Gentlemen: You will be pleased to make a careful examination into the past and
present physical condition of First Lieut. X Y. Z , U. S. Marine Corps,
whose case has been referred to this board for examination, and report as to his
capacity to perform the duties appropriate to his commission, in conformity with
Title XIV, chapter 2, of the Revised Statutes of the United States.
Besides a personal examination, you will examine closely all matter transmitted to
the board in this case by the Commandant of the Marine Corps from the files and records
of his headquarters and from those of the Navy Department, and you will also endeavor
to obtain from any other authentic source within your reach such information as will
aid the board in the performance of its duties, and will report the result in writing.
In case you find the officer under examination incapacitated for active service, you
will state whether, in your opinion, his disability is the result of an incident of the
service.
Very respectfully, C B. A ,
Colonel, U. S. Marine Corps, President.
Medical Inspector F^ E. D , U. S. Navy.
Surg. Q P. O , U. S. Navy.
Report of the medical members to the board.
Marine Barracks, Washington, June 2, 19-
( Surname.) (Christian name.)
(Rank.)
Age,
Years of service,
in 19.
(Note. — This form is intended as a general guide only, and should in no way restrict
the scope of the inquiry, which should be as thorough as possible.)
History of the case (obtained from the officer before the board)
8483— 1(
290 PKOCEEDINGS OF A MARINE RETIRING BOARD.
PRESENT CONDITION.
Vision : Right eye
Left eye
Right eye corrected to by
Left eye corrected to by
Hearing: Right ear
Left ear
Pulse : Rate
Quality ^
Condition of arteries
Figure and general appearance
Weight pounds; height inches.
Chest measurement: At expiration inches.
At inspiration inches.
Mobility
Bones and joints
Skin
Nervous system
Respiratory system
Veins
Varicocele
Varicose veins
Digestive system
Hernia
Genito-urinary system
Is he incapacitated for active service?
Nature and degree of disability
How does it incapacitate?
Is it permanent?
Is the incapacity the result of an incident of service?
-, U.S. Navy.
-, U. S. Navy.
ARTICLES FOR THE GOVERNMENT OF THE NAVY.
291
ARTICLES
FOR THE
Government of the United States Navy.
The Navy of the United States shall be governed by the following
articles :
Article 1.
The commanders of all fleets, squadrons, naval stations, and
vessels belonging to the navy are required to show in themselves
a good example of virtue, honor, patriotism, and subordination;
to be vigilant in inspecting the conduct of all persons who are
placed under their command; to guard against and suppress all
dissolute and immoral practices, and to correct, according to the
laws and regulations of the navy, all persons who are guilty of
them; and any such commander who offends against this article
shall be punished as a court-martial may direct.
Article 2.
The commanders of vessels and naval stations to which chaplains
are attached shall cause divine service to be performed on Sunday,
whenever the weather and other circumstances allow it to be done;
and it is earnestly recommended to all officers, seamen, and others
in the naval service diligently to attend at every performance of
the worship of Almighty God.
Article 3.
Any irreverent or unbecoming behavior during divine service
shall be punished as a general or summary court-martial may
direct.
Article 4.
The punishment of death, or such other punishment as a court-
martial may adjudge, may be inflicted on any person in the naval
service —
1. Who makes, or attempts to make, or unites with any mutiny
or mutinous assembly, or, being witness to or present at any mutiny,
293
294 ARTICLES FOR THE GOVERNMENT OF THE NAVY.
does not do his utmost to suppress it; or, knowing of any mutinous
assembly or of any intended mutiny, does not immediately com-
municate his knowledge to his superior or commanding officer; •
2. Or disobeys the lawful orders of his superior officer;
3. Or strikes or assaults, or attempts or threatens to strike or
assault, his superior officer while in the execution of the duties of
his office;
4. Or gives any intelligence to, or holds or entertains any inter-
course with, an enemy or rebel, without leave from the President,
the Secretary of the Navy, the commander in chief of the fleet, the
commander of the squadron, or, in case of a vessel acting singly,
from his commanding officer;
5. Or receives any message or letter from an enemy or rebel, or,
being aware of the unlawful reception of such message or letter,
fails to take the earliest opportunity to inform his superior or com-
manding officer thereof ;
6. Or, in time of war, deserts or entices others to desert;
7. Or, in time of war, deserts or betrays his trust, or entices or
aids others to desert or betray their trust ;
8. Or sleeps upon his watch;
9. Or leaves his station before being regularly relieved;
10. Or intentionally or willfully suffers any vessel of the navy to
be stranded, or run upon rocks or shoals, or improperly hazarded;
or maliciously or willfully injures any vessel of the navy, or any
part of her tackle, armament, or equipment, whereby the safety
of the vessel is hazarded or the lives of the crew exposed to danger;
11. Or unlawfully sets on fire, or otherwise unlawfully destroys,
any public property not at the time in possession of an enemy,
pirate, or rebel;
12. Or strikes or attempts to strike the flag to an enemy or rebel,
without proper authority, or, when engaged in battle, treacherously
yields or pusillanimously cries for quarter;
13. Or, in time of battle, displays cowardice, negligence, or dis-
affection, or withdraws from or keeps out of danger to which he
should expose himself ;
14. Or, in time of battle, deserts his duty or station, or entices
others to do so ;
15. Or does not properly observe the orders of his commanding
officer, and use his utmost exertions to carry them into execution,
when ordered to prepare for or join in, or when actually engaged
in, battle, or while in sight of an enemy;
16. Or, being in command of a fleet, squadron, or vessel acting
singly, neglects, when an engagement is probable, or when an armed
vessel of an enemy or rebel is in sight, to prepare and clear his ship
or ships for action;
ARTICLES FOR THE GOVERNMENT OF THE NAVY. 295
17. Or does not, upon signal for battle, use his utmost exertions
to join in battle;
18. Or fails to encourage, in his own person, his inferior officers
and men to fight courageously;
19. Or does not do his utmost to overtake and capture or destroy
any vessel which it is his duty to encounter;
20. Or does not afford all practicable relief and assistance to
vessels belonging to the United States or their allies when engaged
in battle.
Article 5.
All persons who, in time of war, or of rebellion against the supreme
authority of the United States, come or are found in the capacity
of spies, or who bring or deliver any seducing letter or message from
an enemy or rebel, or endeavor to corrupt any person in the navy
to betray his trust, shall suffer death, or such other punishment as.
a court-martial may adjudge.
Article 6.
If any person belonging to any public vessel of the United States
commits the crime of murder without the territorial jurisdiction
thereof, he may be tried by court-martial and punished with death.
Article 7.
A naval court-martial may adjudge the punishment of imprison-
ment for life, or for a stated term, at hard labor, in any case where
it is authorized to adjudge the punishment of death; and such sen-
tences of imprisonment and hard labor may be carried into execution
in any prison or penitentiary under the control of the United States,
or which the United States may be allowed, by the legislature of any
State to use; and persons so imprisoned in the prison or peniten-
tiary of any State or Territory shall be subject, in all respects, to
the same discipline and treatment as convicts sentenced by the
courts of the State or Territory in which the same may be situated.
Article 8.
Such punishment as a court-martial may adjudge may be in-
flicted on any person in the navy —
1. Who is guilty of profane swearing, falsehood, drunkenness,
gambUng, fraud, theft, or any other scandalous conduct tending to
the destruction of good morals;
2. Or is guilty of cruelty toward, or oppression or maltreatment
of, any person subject to his orders;
3. Or quarrels with, strikes, or assaults, or uses provoking or
reproachful words, gestures, or menaces toward, any person in the
navy;
296 ARTICLES FOR THE GOVERNMENT OF THE NAVY.
4. Or endeavors to foment quarrels between other persons in the
navy;
5. Or sends or accepts a challenge to fight a duel or acts as a second
in a duel;
6. Or treats his superior officer with contempt, or is disrespectful
to him in language or deportment, while in the execution of his
office ;
7. Or joins in or abets any combination to weaken the lawful
authority of, or lessen the respect due to, his commanding officer;
8. Or utters any seditious or mutinous words;
9. Or is negligent or careless in obeying orders, or culpably ineffi-
cient in the performance of duty;
10. Or does not use his best exertions to prevent the unlawful
destruction of public property by others;
11. Or, through inattention or negligence, suffers any vessel of
the navy to be stranded, or run upon a rock or shoal, or hazarded;
12. Or, when attached to any vessel appointed as convoy to any
merchant or other vessels, fails diligently to perform his duty, or
demands or exacts any compensation for his services, or maltreats
the officers or crews of such merchant or other vessels ;
13. Or takes, receives, or permits to be received, on board the
vessel to which he is attached, any goods or merchandise for freight,
sale, or traffic, except gold, silver, or jewels, for freight or safe keep-
ing; or demands or receives any compensation for the receipt or
transportation of any other article than gold, silver, or jewels, with-
out authority from the President or Secretary of the Navy;
14. Or knowingly makes or signs, or aids, abets, directs, or pro-
cures the making or signing of, any false muster;
15. Or wastes any ammunition, provisions, or other public prop-
erty, or, having power to prevent it, knowingly permits such waste;
16. Or, when on shore, plunders, abuses, or maltreats any inhab-
itant, or injures his property in any way ;
17. Or refuses, or fails to use, his utmost exertions to detect,
apprehend, and bring to punishment all offenders, or to aid all per-
sons appointed for that purpose;
18. 'Or, when rated or acting as master-at-arms, refuses to receive
such prisoners as may be committed to his charge, or, having re-
ceived them, suffers them to escape, or dismisses them without
orders from the proper authority;
19. Or is absent from his station or duty without leave, or after
his leave has expired;
20. Or violates or refuses obedience to any lawful general order
or regulation issued by the Secretary of the Navy;
21. Or, in time of peace, deserts or attempts to desert, or aids
and entices others to desert;
ARTICLES FOR THE GOVERNMENT OP THE NAVY. 297
22. Or receives or entertains any deserter from any other vessel
of the navy, knowing him to be such, and does not, with all con-
venient speed, give notice of such deserter to the commander of the
vessel to which he belongs, or to the commander in chief, or to the
commander of the squadron.
Article 9.
Any officer who absents himself from his command without leave,
ma}^, by the sentence of a court-martial, be reduced to the rating of
an ordinary seaman.
Article 10.
Any commissioned officer of the Navy or Marine Corps who, hav-
ing tendered his resignation, quits his post or proper duties without
leave, and with intent to remain permanently absent therefrom,
prior to due notice of the acceptance of such resignation, shall be
deemed and punished as a deserter.
Article 11.
No person in the naval service shall procure stores or other arti-
cles or supplies for, and dispose thereof to, the officers or enlisted
men on vessels of the navy, or at navy-yards or naval stations, for
his own account or benefit.
Article 12.
No person connected with the navy shall, under any pretense,
import in a public vessel any article which is liable to the payment
of duty.
Article 13.
Distilled spirits shall be admitted on board of vessels of war only
upon the order and under the control of the medical officers of such
vessels, and to be used only for medical purposes.
Article 14.
Fine and imprisonment, or such other punishment as a court-
martial may adjudge, shall be inflicted upon any person in the naval
service of the United States —
1. Who presents or causes to be presented to any person in the
civil, military, or naval service thereof, for approval or payment, any
claim against the United States or any officer thereof, knowing
such claim to be false or fraudulent; or
2. Who enters into any agreement or conspiracy to defraud the
United States by obtaining, or aiding others to obtain, the allow-
ance or payment of any false or fraudulent claim; or
3. Who, for the purpose of obtaining, or aiding others to obtain,
the approval, allowance, or payment of any claim against the
298 ARTICLES FOR THE GOVERNMENT OF THE NAVY.
United States or against any officer thereof, makes or uses, or pro-
cures or advises the making or use of, any writing, or other paper,
knowing the same to contain any false or fraudulent statement; or
4. Who, for the purpose of obtaining, or aiding others 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
5. Who, for the purpose of obtaining, or aiding others to obtain,
the approval, allowance, or payment of any claim against the 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 advises the use of, any
such signature, knowing the same to be forged or counterfeited; or
6. Who, having charge, possession, custody, or control of any
money or other property of the United States, furnished or intended
for the naval service thereof, knowingly delivers, or causes to be
delivered, to any person having authority to receive the same, any
amount thereof less than that for which he receives a certificate or
receipt; or
7. Who, being authorized to make or deliver any paper certifying
the receipt of any money or other property of the United States,
furnished or intended for the naval 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
8. Who steals, embezzles, knowingly and willfully misappropriates,
applies to his own use or benefit, or wrongfully and knowingly sells
or disposes of any ordnance, arms, equipments, ammunition, clothing,
subsistence stores, money, or other property of the United States,
furnished or intended for the military or naval service thereof; or
9. Who knowingly purchases, or receives in pledge for any obKga-
tion or indebtedness, from any other person who is a part of or em-
ployed in said service, any ordnance, arms, equipments, ammunition,
clothing, subsistence stores, or other property of the United States,
such other person not having lawful right to sell or pledge the same ; or
10. Who executes, attempts, or countenances any other fraud
against the United States.
And if any person, being guilty of any of the offenses described in
this article while in the naval service, 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 dis-
charge nor been dismissed.
ARTICLES FOR THE GOVERNMENT OF THE NAVY. 299
Article 15.
(Repealed by section 13 of the act of March 3, 1899.)
Article 16.
No person in the navy shall take out of a prize, or vessel seized as
a prize, any money, plate, goods, or any part of her equipment,
unless it be for the better preservation thereof, or unless such articles
are absolutely needed for the use of any of the vessels or armed
forces of the United States, before the same are adjudged lawful prize
by a competent court; but the whole, without fraud, concealment,
or embezzlement, shall be brought in, in order that judgment may
be passed thereon ; and every person w ho offends against this article
shall be punished as a court-martial may direct.
Article 17.
If any person in the navy strips off the clothes of, or pillages, or in
any manner maltreats, an}^ person taken on board a prize, he shall
suffer such punishment as a court-martial may adjudge.
Article 18.
If any officer or person in the naval service employs any of the
forces under his command for the purpose of returning any fugitive
from service or labor, he shall be dismissed from the service.
Article 19.
Any officer who knowingly enlists into the naval service any
deserter from the naval or military service of the United States, or
any insane or intoxicated person, or any minor between the ages of
sixteen and eighteen years, without the consent of his parents or
guardian, or any minor under the age of sixteen years, shall be dis-
honorably dismissed from the service of the United States.
Article 20.
Every commanding officer of a vessel in the navy shall obey the
following rules :
1. Whenever a man enters onboard, the commanding officer shall
cause an accurate entry to be made in the ship's books, showing his
name, the date, place, and term of his enlistment, the place or vessel
from which he was received on board, his rating, his descriptive Hst,
his age, place of birth, and citizenship, with such remarks as may
be necessary.
2. He shall, before sailing, transmit to the Secretary of the Navy
a complete list of the rated men under his command, showing the
particulars set forth in rule one, and a list of officers and passengers.
300 ARTICLES FOR THE GOVERNMENT OF THE NAVY.
showing the date of their entering. And he shall cause similar lists
to be made out on the first day of every third month and transmitted
to the Secretary of the Navy as opportunities occur, accounting
therein for any casualty which may have happened since the last list.
3. He shall cause to be accurately minuted on the ship's books
the names of any persons dying or deserting, and the times at which
such death or desertion occurs.
4. In case of the death of any officer, man, or passenger on said
vessel, he shall take care that the paymaster secures all the property
of the deceased, for the benefit of his legal representatives.
5. He shall not receive on board any man transferred from any
other vessel or station to him, unless such man is furnished with an
account, signed by the captain and paymaster of the vessel or station
from which he came, specifying the date of his entry on said vessel
or at said station, the period and term of his service, the sums paid
him, the balance due him, the quality in which he was rated, and his
descriptive list.
6. He shall, whenever officers or men are sent from his ship, for
whatever cause, take care that each man is furnished with a complete
statement of his account, specif ^ang the date of his enlistment, the
period and term of his service, and his descriptive list. Said account
shall be signed by the commanding officer and paymaster.
7. He shall cause frequent inspections to be made into the condi-
tion of the provisions on his ship, and use every precaution for their
preservation.
8. He shall frequently consult with the surgeon in regard to the
sanitary condition of his crew, and shall use all proper means to
preserve their health. And he shall cause a convenient place to be
set apart for sick or disabled men, to which he shall have them
removed, with their hammocks and bedding, when the surgeon so
advises, and shall direct that some of the crew attend them and keep
the place clean.
9. He shall attend in person, or appoint a proper officer to attend,
when his crew is finally paid off, to see that justice is done to the
men and to the United States in the settlement of the accounts.
10. He shall cause the Articles for the Government of the Navy
to be hung up in some public part of the ship and read once a month
to his ship's company.
Every commanding officer who offends against the provisions of
this article shall be punished as a court-martial may direct.
Article 21.
When the crew of any vessel of the United States are separated
from their vessel by means of her wreck, loss, or destruction, all the
command and authority given to the officers of such vessel shall
ARTICLES FOR THE GOVERNMENT OF THE NAVY. 301
remain in full force until such ship's company shall be regularly
discharged from or ordered again into service, or until a court-martial
or court of inquiry shall be able to inquire into the loss of said vessel.
And if any officer or man, after such wreck, loss, or destruction, acts
contrary to the discipline of the navy, he shall be punished as a court-
martial may direct.
Article 22.
All offenses committed by persons belonging to the navy which
are not specified in the foregoing articles shall be punished as a court-
martial may direct.
(Fraudulent enlistment and the receipt of pay and allowances thereunder are, by
the act of March 2, 1893, made punishable under this article.)
Article 23.
All offenses committed by persons belonging to the navy while
on shore shall be punished in the same manner as if they had been
committed at sea.
Article 24.
No commander of a vessel shall inflict upon a commissioned or
warrant ofhcer any other punishment than private reprimand, sus-
pension from duty, arrest, or confinement, and such suspension,
arrest, or confinement shall not continue longer than ten days, unless
a further period is necessary to bring the oifender to trial by a court-
martial; nor shall he inflict, or cause to be inflicted, upon any petty
officer, or person of inferior rating, or marine, for a single offense, or
at any one time, any other than one of the following punishments,
namely :
1. Reduction of any rating established by himself.
2. Confinement, with or without irons, single or double, not exceed-
ing ten days, unless further confinement be necessary in the case of a
prisoner to be tried by court-martial.
3. Solitary confinement, on bread and water, not exceeding five
days.
4. Solitary confinement not exceeding seven days.
5. Deprivation of liberty on shore.
6. Extra duties.
No other punishment shall be permitted on board of vessels belong-
ing to the navy, except by sentence of a general or summary court-
martial. All punishments inflicted by the commander, or by his
order, except reprimands, shall be fully entered upon the ship's log.
(See remarks at Article 30, as to use of irons.)
302 ARTICLES FOR THE GOVERNMENT OF THE NAVY.
Article 25.
No officer who may command by accident, or in the absence of
the commanding officer, except when such commanding officer is
absent for a time by leave, shall inffict any other punishment than
confinement.
Article 26.
Summary courts-martial may be ordered upon petty officers and
persons of inferior ratings, by the commander of any vessel, or by
the commandant of any navy-yard, naval station, or marine barracks
to which they belong, for the trial of offenses which such officer may
deem deserving of greater punishment than such commander or
commandant is authorized to inffict, but not sufficient to require
trial by a general court-martial.
Article 27.
A summary court-martial shall consist of three officers not below
the rank of ensign, as members, and of a recorder. The commander
of a ship may order any officer under his command to act as such
recorder.
Article 28.
Before proceeding to trial the members of a summary court-
martial shall take the following oath or affirmation, which shall be
administered by the recorder: '^ I, A B, do swear (or affirm) that I will
well and truly try, without prejudice or partiality, the case now
depending, according to the evidence which shall be adduced, the
laws for the government of the navy, and my own conscience."
After which the recorder of the court shall take the following oath
or affirmation, which shall be administered by the senior member of
the court: '' I, A B, do swear (or affirm) that I will keep a true record
of the evidence which shall be given before this court and of the
proceedings thereof."
Article 29.
All testimony before a summary court-martial shall be given orally,
upon oath or affirmation, administered by the senior member of the
court.
Article 30.
Summary courts-martial may sentence petty officers and persons
of inferior ratings to any one of the following punishments, namely:
1. Discharge from the service with bad-conduct discharge; but
the sentence shall not be carried into effect in a foreign country.
2. Solitary confinement, not exceeding thirty days, in irons,
single or double, on bread and water or on diminished rations.
AKTICLES FOR THE GOVERNMENT OF THE NAVY. 303
3. Solitary confinement in irons, single or double, not exceeding
thirty days.
4. Solitary confinement not exceeding thirty days.
5. Confinement not exceeding two months.
6. Reduction to next inferior rating.
7. Deprivation of liberty on shore on foreign station.
8. Extra police duties, and loss of pay, not to exceed three months,
may be added to any of the above-mentioned punishments.
(This article is modified by section 8 of the act of February 16, 1909, which provides
"That the courts authorized to impose the punishments prescribed by article thirty of
the 'Articles for the Government of the Navy ' may adjudge either a part or the whole,
as may be appropriate, of any one of the punishments therein enumerated: Provided,
That the use of irons, single or double, is hereby abolished except for the purpose of
safe custody or when part of a sentence imposed by a general court-martial.")
Article 31.
A summary court-martial may disrate any rated person for incom-
petency.
Article 32.
No sentence of a summary court-martial shall be carried into
execution until the proceedings and sentence have been approved
by the officer ordering the court and by the commander in chief,
or, in his absence, by the senior officer present. And no sentence
of such court which involves loss of pay shall be carried into exe-
cution until the proceedings and sentence have been approved by
the Secretary of the Navy.
(This article is modified by section 17 of the act of February 16, 1909, which provides
"That all sentences of summary courts-martial may be carried into effect upon the
approval of the senior ofllicer present, and all sentences of deck courts may be carried
into effect upon approval of the convening authority or his successor in office.")
Article 33.
The officer ordering a summary court-martial shall have power
to remit, in part or altogether, but not to commute, the sentence
of the court. And it shall be his duty either to remit any part or
the whole of any sentence, the execution of which would, in the
opinion of the surgeon or senior medical officer on board, given in
writing, produce serious injury to the health of the person sentenced;
or to submit the case again, without delay, to the same or to another
summary court-martial, which shall have power, upon the testimony
already taken, to remit the former punishment and to assign some
other of the authorized punishments in the place thereof.
(This article is modified by section 9 of the act of February 16, 1909, which provides
"That the Secretary of the Navy may set aside the proceedings or remit or mitigate, in
whole or in part, the sentence imposed by any naval court-martial convened by his
order or by that of any officer of the Navy or Marine Corps.")
304 AKTICLES FOR THE GOVERNMENT OF THE NAVY.
Article 34.
The proceedings of summary courts shall be conducted with as
much conciseness and precision as may be consistent with the ends
of justice and under such forms and rules as may be prescribed by
the Secretary of the Navy, with the approval of the President, and
all such proceedings shall be transmitted in the usual mode to the
Navy Department, where they shall be kept on file for a period of
two years from date of trial, after which time they may be destroyed,
in the discretion of the Secretary of the Navy.
(This article was specifically amended as above given by the act of February 16,
1909.)
Article 35.
Any punishment which a summary court-martial is authorized
to inflict may be inflicted by a general court-martial.
Article 36.
No ofl^cer shall be dismissed from the naval service except by the
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 general court-martial or in mitigation thereof.
Article 37.
When any officer, dismissed by order of the President since 3d
of March, 1865, makes, in writing, an application for trial, setting
forth, under oath, that he has been wrongfully dismissed, the
President shall, as soon as the necessities of the service may per-
mit, convene a court-martial to try such officer on the charges on
which he shall have been dismissed. And if such court-martial
shall not be convened within six months from the presentation of
such application for trial, or if such court, being convened, shall
not award dismissal or death as the punishment of such ofiicer,
the order of dismissal by the President shall be void.
Article 38.
General courts-martial may be convened by the President, the
Secretary of the Navy, or the commander in chief of a fleet or
squadron; but no commander of a fleet or squadron in the waters
of the United States shall convene such court without express
authority from the President.
(This article is modified by section 10 of the act of February 16, 1909, which provides
''That general courts-martial may be convened by the President, by the Secretary of
the Navy, by the commander in chief of a fleet or squadron, and by the commanding
ofiicer of any naval station beyond the continental limits of the United States.")
A^TIGJi^FOR THE GOVERNMENT OF THE NAVY. 305
Article 39.
A general court-martial shall consist of not more than thirteen
nor less than five commissioned officers as members; and as many
officers, not exceeding thirteen, as can be convened without injury
to the service, shall be summoned on every such court. But in no
case, where it can be avoided without injury to the service, shall
more than one-half, exclusive of the president, be junior to the
officer to be tried. The senior officer shall always preside and the
others shall take place according to their rank.
Article 40.
The president of the general court-martial shall administer the
following oath or affirmation to the judge -advocate or person
officiating as such :
"I, A B, do swear (or affirm) that I will keep a true record of the
evidence given to and the proceedings of this court; that I will
not divulge or by any means disclose the sentence of the court until
it shall have been approved by the proper authority; and that I
will not at any time divulge or disclose the vote or opinion of any
particular member of the court, unless required so to do before a
court of justice in due course of law."
This oath or affirmation being duly administered, each member
of the court, before proceeding to trial, shall take the following
oath or affirmation, which shall be administered by the judge-
advocate or person officiating as such :
^'I, A B, do swear (or affirm) that I will truly try, without preju-
dice or partiality, the case now depending, according to the evidence
which shall come before the court, the rules for the government of
the navy, and my own conscience; that I will not by any means
divulge or disclose the sentence of the court until it shall have been
approved by the proper authority; and that I will not at any time
divulge or disclose the vote or opinion of any particular member of
the court, unless required so to do before a court of justice in due
course of law."
Article 41.
An oath or affirmation in the following form shall be administered
to all witnesses, before any court-martial, by the president thereof:
''You do solemnly swear (or affirm) that the evidence you shall
give in the case now before this court shall be the truth, the whole
truth, and nothing but the truth, and that you will state everything
within your knowledge in relation to the charges. So help you God;
(or, 'this you do under the pains and penalties of perjury')."
8483—10 20
306 ARTICLES FOR THE GOVERNMENT OF THE NAVY.
Article 42.
Whenever any person refuses to give his evidence or to give it in
the manner provided by these articles, or prevaricates, or behaves
with contempt to the court, it shall be lawful for the court to
imprison him for any time not exceeding two months,
(Sections 11 and 12 of the act of February 16, 1909, also provide ''That a naval court-
martial or court of inquiry shall have power to issue like process to compel witnesses
to appear and testify which United States courts of criminal jurisdiction within the
State, Territory, or District where such naval court shall be ordered to sit may law-
fully issue.
''That any person duly subpoenaed to appear as a witness before a general court-
martial or court of inquiry of the navy, who 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 such naval court, to file
an information 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 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 naval court 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 the
State, Territory, or District shall be duly paid or tendered said witness, such amounts
to be paid by the Bureau of Supplies and Accounts out of the appropriation for com-
pensation of witnesses: Provided further, That no witness shall be compelled to incrim-
inate himself or to answer any question which may tend to incriminate or degrade
him.")
Article 43.
The person accused shall be furnished with a true copy of the
charges, with the specifications, at the time he is put under arrest;
and no other charges than those so furnished shall be urged against
him at the trial, unless it shall appear to the court that intelligence
of such other charge had not reached the officer ordering the court
when the accused was put under arrest, or that some witness mate-
rial to the support of such charge was at that time absent and can
be produced at the trial; in which case reasonable time shall be
given to the accused to make his defense agaiust such new charge.
Article 44.
Every officer who is arrested for trial shall deliver up his sword
to his commandiug officer and confine himself to the limits assigned
him, on pain of dismissal from the service.
AKTICLES FOR THE GOVEENMENT OF THE NAVY. 307
Article 45.
When the proceedings of any general court-martial have com-
menced they shall not be suspended or delayed on account of the
absence of any of the members, provided five or more are assem-
bled; but the court is enjoined to sit from day to day, Sundays
excepted, until sentence is given, unless temporarily adjourned by
the authority which convened it.
Article 46.
No member of a general court-martial shall, after the proceed-
ings are begun, absent himself therefrom, except in case of sick-
ness, or of an order to go on duty from a superior officer, on pain
of being cashiered.
Article 47.
Whenever any member of a court-martial, from any legal cause,
is absent from the court after the commencement of a case, all the
witnesses who have been examined during his absence must, when
he is ready to resume his seat, be recalled by the court, and the
recorded testimony of each witness so examined must be read over
to him, and such witness must acknowledge the same to be correct
and be subject to such further examination as the said member
may require. Without a compliance with this rule, and an entry
thereof upon the record, a member who shall have been absent
during the examination of a witness shall not be allowed to sit again
in that particular case.
Article 48.
Whenever a court-martial sentences an officer to be suspended, it
may suspend his pay and emoluments for the whole or any part of
the time of his suspension.
Article 49.
In no case shall punishment by flogging, or by branding, mark-
ing, or tattooing on the body be adjudged by any court-martial or
be inflicted upon any person in the navy.
Article 50.
No person shall be sentenced by a court-martial to suffer death,
except by the concurrence of two-thirds of the members present,
and in the cases where such punishment is expressly provided in
these articles. All other sentences may be determined by a majority
of votes.
308 AKTICLES FOR THE GOVERNMENT OF THE NAVY.
Article 51.
It shall be the duty of a court-martial, in all cases of conviction,
to adjudge a punishment adequate to the nature of the offense; but
the members thereof may recommend the person convicted as deserv-
ing of clemency, and state, on the record, their reasons for so doing.
Article 52.
The judgment of every court-martial shall be authenticated by the
signature of the president and of every member who may be present
when said judgment is pronounced, and also of the judge-advocate.
Article 53.
No sentence of a court-martial, extending to the loss of life, or to
the dismissal of a commissioned or warrant officer, shall be carried
into execution until confirmed by the President. All other sentences
of a general court-martial may be carried into execution on confir-
mation of the commander of the fleet or officer ordering the court.
Article 54.
Every officer who is authorized to convene a general court-martial
shall have power, on revision of its proceedings, to remit or mitigate,
but not to commute, the sentence of any such court which he is
authorized to approve and confirm.
(This article is affected by section 9 of the act of February 16, 1909; see amend-
ment at article 33, A. G. N.)
Article 55.
Courts of inquiry may be ordered by the President, the Secretary
of the Navy, or the commander of a fleet or squadron.
Article 56.
A court of inquiry shall consist of not more than three commis-
sioned officers as members, and of a judge-advocate, or person
officiating as such.
Article 57.
Courts of inquiry shall have power to summon witnesses, admin-
ister oaths, and punish contempts in the same manner as courts-
martial; but they shall only state facts, and shall not give their
opinion unless expressly required so to do in the order for convening.
(This article is affected by sections 11 and 12 of the act of February 16, 1909; see
amendment at article 42, A. G. N.)
Article 58.
The judge-advocate, or person officiating as such, shall administer
to the members the following oath or affirmation: "You do swear
{or affirm) well and truly to examine and inquire, according to the
ARTICLES FOR THE GOVERNMENT OF THE NAVY. 309
evidence, into the matter now before you without partiahty."
After which the president shall administer to the judge-advocate,
or person officiating as such, the following oath or affirmation:
''You do swear (or affirm) truly to record the proceedings of this
court and the evidence to be given in the case in hearing."
Article 59.
The party whose conduct shall be the subject of inquiry, or his
attorney, shall have the right to cross-examine all the witnesses.
Article 60.
The proceedings of courts of inquiry shall be authenticated by
the signature of the president of the court and of the judge-advo-
cate, and shall, in all cases not capital, nor extending to the dis-
missal of a commissioned or warrant officer, be evidence before a
court-martial, provided oral testimony can not be obtained.
Article 61.
No person shall be tried by court-martial or otherwise punished
for any offense, except as provided in the following article, which
appears to have been committed more than two years before the
issuing of the order for such trial or punishment, unless by reason
of having absented himself, or for some other manifest impediment,
he shall not have been amenable to justice within that period.
Article 62.
No person shall be tried by court-martial or otherwise punished
for desertion in time of peace committed more than two years before
the issuing of the order for such trial or punishment, unless he shall
meanwhile have absented himself from the United States, or by
reason of some other manifest impediment shall not have been
amenable to justice within that period, 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 enlisted in the service.
Article 63.
Whenever, by any of the articles for the government of the
navy of the United States, the punishment on conviction of an
offense is left to the discretion of the court-martial, the punishment
therefor shall not, in time of peace, be in excess of a limit which the
President may prescribe.
LIMITATIONS TO PUNISHMENTS IN TIME
OF PEACE.
311
Limitations to Punishments.
The following limitations to the punishment of officers and enlisted men, in
time of peace, by naval general courts-martial, have been prescribed by the Presi-
dent, and shall not be exceeded:
Limit of punishment.
Under Article 3.
Irreverent or unbecoming behavior during divine
service.
Under Article 4.
Making or attempting to make, or uniting with,
any mutiny or mutinous assembly.
Being witness to or present at any mutiny, does
not do his utmost to suppress it.
Knowing of any mutinous assembly or of any
intended mutiny, does not immediately com-
municate his knowledge to his superior or com-
manding officer.
Disobeying lawful order of sui)erior officer.
Striking, assaulting, or attempting or threatening
to strike or assault his superior officer while in
the execution of duties of office.
Sleeping on watch or post:
1. Officer of the watch.
2. Sentinel.
3. Lookout.
4. Petty or noncommissioned officer on watch
or guard.
Leaving station or post before being regularly re-
lieved:
1. Officer.
2. Petty or noncommissioned officer.
3. Sentinel.
4. Lookout.
Intentionally or willfully suffering a vessel of the
Navy to be run upon a rock or shoal, or to be
improperly hazarded.
Unlawfully setting on fire or destroying public
property not in possession of pirate, enemy, or
rebel.
Officer: To lose three numbers.
Enlisted man: Confinement for three months.
Officer: Dismissal and imprisomnent at hard labor
for ten years.
Enlisted man: Imprisonment at hard labor for ten
years and dishonorable discharge.
Officer: Dismissal and imprisonment at hard labor
for ten years.
Enlisted man: Imprisonment at hard labor for ten
years and dishonorable discharge.
Officer: Dismissal and imprisonment at hard labor
for ten years.
Enlisted man: Imprisonment at hard labor for ten
years and dishonorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal and imprisonment at hard labor
for five years.
Enlisted man: Imprisonment at hard labor for five
years and dishonorable discharge.
1. Dismissal.
2. Confinement for one year and dishonorable dis-
charge.
3. Confinement for one year and dishonorable dis-
charge.
4. Confinement for one year and dishonorable dis-
charge.
1. Dismissal.
2. Confinement for one year and dishonorable dis-
charge.
3. Confinement for one year and dishonorable dis-
charge.
4. Confinement for one year and dishonorable dis-
charge.
Officer: Dismissal and imprisonment at hard labor
for twenty years.
Enlisted man: Imprisonment at hard labor for
twenty years and dishonorable discharge.
Officer: Dismissal and imprisonment at hard labor
for twenty years.
Enlisted man: Imprisonment for twenty years at
hard labor and dishonorable discharge.
313
314
LIMITATIONS TO PUNISHMENTS.
Refusing to obey the lawful order of sui)erior
officer.
Maliciously or willfully injuring any vessel of the
Navy or any part of her tackle, armament, or
equipment, whereby the safety of the vessel is
hazarded, or lives of crew exposed to danger.
Under Article 6.
Murder.
Under Article 8.
Profane swearing.
Falsehood.
Drunkenness on duty.
Drunkenness.
Gambling.
Fraud.
Theft:
1. Above one hundred dollars.
2. Between fifty and one hundred dollars.
3. Under fifty dollars.
Scandalous conduct tending to the destruction of
good morals.
Cruelty toward, or oppression or maltreatment
of, any person subject to his orders.
Quarreling with, striking or assaulting, or using
provoking or reproachful words, gestures, or
menaces toward any person in the navy.
Endeavoring to foment quarrels between other per-
sons in the navy.
Sending or accepting a challenge to fight a duel, or
acting as second in a duel.
Treating his superior officer with contempt, or being
disrespectful to him in language or deportment
while in the execution of his office.
To join in or abet any combination to weaken lawful
authority of, or lessen the respect due to, his com-
manding officer.
Uttering seditious or mutinous words.
Negligent or careless in obeying orders.
Limit of punishment.
Officer: Dismissal.
Enlisted man: Confinement for two j'ears and dis-
honorable discharge.
Officer: Dismissal and imprisonemnt at hard labor
for fifteen years.
Enlisted man: Imprisonment for fifteen years at
hard labor and dishonorable discharge.
Officer: Death.
Enlisted man: Death.
Officer: Public reprimand.
Enlisted man: Solitary confinement for thirty
days.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal and imprisonment for one year.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: To lose ten numbers.
Enlisted man: Confinement for six months.
Officer: Dismissal.
Enlisted man: Confinement for six months.
Officer: Dismissal.
Enlisted man: Confinement for six months and
dishonorable discharge.
1. Officer: Dismissal and imprisonment for four
years.
Enlisted man: Confinement for four years and
dishonorable discharge.
2. Officer: Dismissal and imprisonment for three
years.
Enlisted man: Confinement for three years and
dishonorable discharge.
3. Officer: Dismissal and imprisonment for two
years.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for six months and
dishonorable discharge.
Officer: To lose five numbers.
Enlisted man: Confinement for three months.
Officer: To lose five numbers.
Enlisted man: Confinement for three months.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: To lose ten numbers.
Enlisted man: Confinement for six months.
LIMITATIONS TO PUNISHMENTS.
315
Limit of punishment.
Culpably inefficient in the performance of duty.
Not using his best exertions to prevent the unlawful
destruction of public property by others.
Through inattention or negligence suffering a vessel
of the navy to be stranded, or run upon a rock or
shoal, or hazarded.
When attached to any vessel appointed as convoy
to any merchant or other vessel, fails diligently to
perform his duty, or demands or exacts any com-
pensation for his services, or maltreats the officers
or crew of such merchant or other vessel.
Taking, receiving, or permitting to be received on
board the vessel to which he is attached any goods,
merchandise, for freight, sale, or traffic, except
gold, silver, or jewels for freight or safekeeping, or
demanding or receiving any compensation for the
receipt or transportation of any other article than
gold, silver, or jewels without authority from the
President or the Secretary of the Navy.
Knowingly making, signing, or aiding, abetting,
directing, or procuring the making or signing of
any false muster.
Wasting any ammimition, provisions, or other pub-
lie property, or, having power to prevent it, know-
ingly permits such waste.
When on shore, plundering, abusing, or maltreat-
ing any inhabitant or injuring his property by
means of—
1. Manslaughter.
2. Assault with intent to kill.
3. Assault and battery.
4. Rape.
5. Burglary
G. Robbery.
7. Arson.
8. Obscene and abusive language.
9. Wilful destruction of property.
10. Larceny:
(a) Above one hundred dollars.
(b) Between fifty and one hundred dollars.
(c) Under fifty dollars.
Officer: Dismissal.
Enlisted man: Confinement for six months and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Officer: Dismissal.
Officer: Dismissal and imprisonment for five years
Enlisted man: Confinement for five years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
L Officer: Dismissal and imprisonment at hard
labor for ten years.
Enlisted man: Imprisonment at hard labor for ten
years and dishonorable discharge.
2. Officer: Dismissal and imprisonment at hard
labor for five years.
Enlisted man: Imprisonment at hard labor for five
years and dishonorable discharge.
3. Officer: Dismissal.
Enlisted man: Confinement for six months and dis-
honorable discharge.
4. Officer: Dismissal and imprisonment at hard
labor for twenty years.
Enlisted man: Imprisonment for twenty years at
hard labor and dishonorable discharge.
5. Officer: Dismissal and imprisonment at hard
labor for seven years.
Enlisted man: Imprisonment at hard labor for
seven years and dishonorable discharge.
6. Officer: Dismissal and imprisonment at hard
labor for seven years.
Enlisted man: Imprisonment at hard labor for seven
years and dishonorable discharge.
7. Officer: Dismissal and imprisonment at hard
lal)or for ten years.
Enlisted man: Imprisonment at hard labor for ten
years and dishonorable discharge.
8. Officer: Public reprimand.
Enlisted man: Confinement for three months.
9. Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
10. (a) Officer: Dismissal and imprisonment for
four years.
Enlisted man: Confinement for four years and dis-
honorable discharge.
(b) Officer: Dismissal and imprisonment for three
years.
Enlisted man: Confinement for three years and dis-
honorable discharge.
(c) Officer: Dismissal and imprisonment for two
years.
Enlisted man: Confinement for two years and dis-
honorable discharge.
316
LIMITATIONS TO PUNISHMENTS.
Refusing or failing to use his utmost exertions to
detect, apprehend, and bring to punishment all
offenders, or to aid all persons appointed for that
purpose.
When rated or acting as master-at-arms refuses to
receive such prisoners as may be committed to his
charge, or having received them, suffers them to
escape or dismisses them without orders from the
proper authority.
Absent from station and duty without leave, or after
his leave has expired.
Violating or refusing obedience to any lawful general
order or regulation issued by the Secretary of the
Navy.
Desertion (in case of surrender): After thirty days.
Desertion (in case of apprehension).
1. If less than six months in the service.
2. If more than six months in the service.
Desertion:
From a ship about to sail on an extended cruise.
When joined in by two or more men in the
execution of a conspiracy, or for desertion
in the presence of any unlawful assemblage
which the naval forces may be opposing.
Aiding or enticing others to desert.
Receiving or entertaining any deserter from any
other vessel of the Navy, knowing him to be
such, and not with all convenient speed giving
notice of such deserter to the commander of the
vessel to which he belongs or to the commander-
in-chief or to the commander of the squadron.
Under Article 9.
Absent from command without leave.
Under Article 11.
Procuring stores or other articles or supplies for
and disposing thereof to officers and enlisted
men on vessels of the Navy, or at any yard or
naval station, for his own account or benefit.
Under Article 14.
Presenting or causing to be presented to any per-
son in the civil, military, or naval service for
approval or payment any claim against the
United States, or any officer thereof, knowing
said claim to be false or fraudulent.
Entering into any agreement or conspiracy to
defraud the United States by obtaining or aid-
ing others to obtain the allowance of any false
or fraudulent claim.
Making or using, or procuring or advising the '
making or using, of any writing or other paper,
knowing the same to contain any false or fraud-
ulent statement, for the purpose of obtaining
or aiding others to obtain the approval, allow-
ance, or payment of any claim against the |
United States or against any officer thereof.
Making or procuring or advising the making of ;
any oath to any fact or to any writing or other
paper, knowing such oath to be false, for the
purpose of obtaining or aiding others to obtain
the approval, allowance, or payment of any
claim against the United States or any officer
thereof.
Limit of punishment.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Enlisted man: Confinement at hard labor for five
years and dishonorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for six months and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for eighteen months and
dishonorable discharge.
Officer: Dismissal and imprisonment for four years.
Enlisted man: 1. Confinement for eighteen months
and dishonorable discharge.
2. Confinement for two and one-half years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for three years.
Enlisted man: Confinement for three j-ears and dis-
honorable discharge.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for five years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for four years.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal.
Officer: Dismissal.
Enlisted man: Confinement for
dishonorable discharge.
six months and
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for five years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for five years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for five years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for five years and dis-
honorable discharge.
LIMITATIONS TO PUNISHMENTS.
317
Limit of punishment.
Forging or counterfeiting, or procuring or advis-
ing tlie forging or counterfeiting, of any signa-
ture upon any writing or other paper, or using
or procuring, or advising the using of any such
signature, knowing it to be forged or counter-
feited, for the purpose of obtaining or aiding
others to obtain the approval, allowance, or
payment of any claim against the United States
or any officer thereof.
Knowingly delivermg or causing to be delivered
to any person having authority to receive the
same any amount of money or other public
property of the United States furnished or in-
tended for the naval service less than that for
which he receives a certificate or receipt.
Knowingly making or delivering to any person a
paper certifying the receipt of any money or
other property of the United States furnished
or intended for the naval service thereof with-
out having full knowledge of the truth of the
statement therein contained and with intent
to defraud the United States.
Stealing, embezzling, knowingly and wilfully
misappropriating and applying to his own use
and benefit, or unlawfully selling or disposing
of any ordnance, arms, equipments, ammuni-
tion, clothing, subsistence stores, money, or
other property of the United States, furnished
or intended for the military or naval service
thereof.
Knowingly purchasing or receiving in pledge, for
any obligation or indebtedness from any other
person who is a part of or employed in the naval
service, any ordnance, arms, equipment, am-
mvmition, clothing, subsistence stores, or other
property of the United States, such other pereon
not having lawful right to sell or pledge the
same.
Executing, attempting, or countenancing any
fraud against the United States.
Under Article 19.
Knowingly enlisting into the naval service any
deserter from the naval or military service of
the United States, or any insane or intoxicated
person, or minor without consent of parent or
guardian.
Under Article 22.
Manslaughter.
Assault with deadly weapon and wounding.
Rape.
Robbery.
Sodomy.
Lewd or indecent behavior.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for five years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for five years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for five years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for five years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for two years.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for two years.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Officer: Dismissal and imprisonment at hard labor
for ten years.
Enlisted "man: Imprisonment at hard labor for ten
years and dishonorable discharge.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Imprisonment at hard labor for five
years and dishonorable discharge.
Officer: Dismissal and imprisonment at hard labor
for twenty years.
Enlisted man: Imprisonment at hard labor for
twenty years and dishonorable discharge.
Officer: Dismissal and imprisomnent at hard labor
for seven years.
Enlisted man: Imprisonment at hard labor for
seven years and dishonorable discharge.
Officer: Dismissal and imprisonment at hard labor
for fifteen years.
Enlisted man: Imprisormient at hard labor for ten
years and dishonorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
318
LIMITATIONS TO PUNISHMENTS.
Offenses.
Limit of puBishment.
Smuggling liquor (aggravated case).
Selling arms.
Selling equipments.
Selling clothes.
Attempting to suborn testimony to be given before
court-martial.
Neglecting to discharge pecuniary obligations
(aggravated case).
False swearing or perjury.
Disorderly conduct (aggravated case):
1. Assaulting and striking another person in
the Navy.
2. Attempting to strike and assault another
person in the Navy.
3. Disrespect or affront to sentinel.
4. Interfering with or resisting sentinel in law-
ful execution of his duty.
Striking or assaulting a sentinel.
Reusing obedience to lawful orders of sentinel.
Neglect of duty.
Resisting arrest.
Enticing a prisoner to escape.
Malingering.
Refusing to give testimony before a court-martial.
Behaving contumaciously before a board or court.
Using profane, abusive, and threatening language
toward his superior officer.
Mayhem.
Malicious or wilful destruction of public property.
Attempting to desert.
Officer: Loss of three numbers and public repri-
mand.
Enlisted man: Confinement for six months and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for three years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for six months.
Officer: Dismissal and imprisonment for five years.
Enlisted man: Confinement for five years and dis-
honorable discharge.
1. Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
2. Officer: Dismissal.
Enlisted man: Confinement for six months and dis-
honorable discharge.
3. Officer: To lose five numbers.
Enlisted man: Confinement for three months.
4. Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal and imprisonment for two years.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal and imprisonment for one year.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Officer: Loss of ten numbers.
Enlisted man: Confinement for six months.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Officer: Dismissal and imprisonment for three years.
Enlisted man: Imprisonment for three years at hard
labor and dishonorable discharge.
Officer: Dismissal and imprisonment for two years.
Enlisted man: Imprisonment for two years at hard
labor and dishonorable discharge.
Enlisted man: Confinement for six months.
LIMITATIONS TO PUNISHMENTS.
319
Offenses.
Limit of punishment.
Answering for another at muster.
Conduct unbecoming an officer and a gentleman.
Conduct to the prejudice of good order and dis-
cipline.
Disrespectful in language or deportment toward
petty or noncommissioned officer.
Fraudulent enlistment.
Creating a disturbance after being placed in arrest.
Liquor unlawfully in possession upon returning to
ship or garrison (aggravated case).
Using profane, obscene, and abusive language to-
ward another person in the service.
Refusing to obey, or wilfully disobeying, lawful
order of petty or noncommissioned officer.
Refusing to halt when challenged by noncommis-
sioned officer of guard or sentinel.
Smuggling liquor into vessel or navy yard.
Enlisted man: Confinement for six months.
Officer: Dismissal.
Officer: Dismissal.
Enlisted man: Confinement for two years and dis-
honorable discharge.
Enlisted man: Confinement for six months.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Enlisted man: Confinement for six months.
Officer: Loss of three numbers and public repri-
mand.
Enlisted man: Confinement for six months and dis-
honorable discharge.
Officer: Disinissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Enlisted man: Confinement for one yepx and dis-
honorable discharge.
Officer: Dismissal.
Enlisted man: Confinement for one year and dis-
honorable discharge.
Enlisted man: Confinement for six months.
The following instructions have been prescribed by the President in connection
with the limitations to the punishment of officers and enlisted men :
"The foregoing prescribes the maximum limit of punishment for the offenses
named, and that limit is intended for those cases in which the severest punishment
should be awarded.
"Offenses not herein provided for remain punishable as authorized by the Articles
for the Government of the Navy and the custom of the service.
"Summary courts-martial are subject to the restrictions named in article 30 of the
Articles for the Government of the Navy."
INDEX.
Page.
Abetting any combination to weaken lawful authority, etc., of com-
manding officer, limit of punishment 314
Absence from command without leave :
Form of specification for 89
Limit of punishment 316
Absence from station and duty after leave has expired, form of specifi-
cation for 89
Absence from station and duty without leave:
Form of specification for 89,90
Limit of punishment 316
Absence without leave:
Form of specification for 166
Punishment, schedule 185
Absence without leave, attempted :
Form of specification for 167
Punishment, schedule 185
Absence without leave, missing ship:
Form of specification for 167
Punishment, schedule 167
Absence without leave, over twenty-four hours:
Form of specification for 167
Punishment, schedule 185
Absence without leave, returning in civilian clothes :
Form of specification for 167
Punishment, schedule 185
Absence without leave, surrendering at another station :
Form of specification for 167
Punishment, schedule 185
Absence without leave, to avoid guard or draft :
Form of specification for 167
Punishment, schedule 185
Absence without leave, using wrong name going:
Form of specification for 168
Punishment, schedule 185
Absence without leave, using wrong name returning :
Form of specification for 168
Punishment, schedule 185
Accepting a challenge to fight a duel, limit of punishment 314
Account of civilian witnesses, forms of 67, 68
321
8483—10 21
322 INDEX.
Page.
Acting as second in a duel, limit of punishment 314
Advising the making of an oath (or paper, forged signature, etc.),
knowing it to be false, to obtain approval of a claim against the
United States, limit of punishment 316
Aiding or enticing others to desert, limit of punishment 316
Answering for another at muster, limit of punishment 319
Arrest, order placing officer in 57
Arson, limit of punishment 315
Articles for the Government of the Navy 291-309
Assault, form of specification for 90
Assault and battery, limit of punishment 315
Assault with deadly weapon and wounding, limit of punishment 317
Assault with intent to commit rape, form of specification for 01
Assault with intent to kill, limit of punishment 315
Assaulting and attempting to kill another person in the service, form
of specification for 90
Assaulting and striking another person in the navy :
Form of specification for 90
Limit of punishment 318
Assaulting and striking another person in the service, form of specifi-
cation for J- 90
Assaulting and striking his superior officer, form of specification for 91
Assaulting and striking his superior officer while in the execution of the
duties of his office, form of specification for 91
Assaulting with a deadly weapon and wounding another person in the
navy, form of specification for 91
Attachment, warrant of, form of 65
Attempting a fraud against the United States, limit of punishment 317
Attempting to desert :
Form of specification for 92
Limit of punishment 31S
Attempting to strike and assault another person in the navy, limit of
punishment 318
Attempting to suborn testimony, limit of punishment 318
Behaving contumaciously before a board or court, limit of punishment- 318
Being witness to a mutiny, does not do his utmost to suppress it, limit
of punishment 313
Board, Marine Examining. (See Examining Board, Marine.)
Board, Marine Retiring. (See Retiring Board, Marine.)
Board, Naval Examining. (See Examining Board, Naval.)
Board, Naval Retiring. (See Retiring Board, Naval.)
Board of Inquest. (See Inquest, Board of.)
Board of Investigation. (See Investigation, Board of.)
Board of Medical Examiners. (See Examiners, Medical, Board of.)
Board of Selection for Retirement. (See Retirement, Board of Selec-
tion for.)
Breaking arrest, form of specification for 92
Brief to be filed with a return to a writ of habeas corpus, etc 77
Burglary, limit of punishment 315
Careless in obeying orders, limit of punishment 314
Carnally and unlawfully knowing a female under age of 16 years, form
of specification for__ 92
INDEX. 323
Page.
Causing to be prepared and approving a false and fraudulent voucher,
form of specification for 92
Causing to be presented a false or fraudulent claim, limit of punish-
ment 316
Charges and specifications :
Nolle prosequi 33
Regulations and instructions for drawing up 81-85
Specimen forms of 87-131
Civilian witness. (See Witness, Civilian.)
Commandant, navy-yard :
Form of letter to —
Directing him to furnish clerical assistance 57
Informing him of ordering of court of inquiry 205
Requesting room for court, detail of provost marshal, etc 59
Transmitting charges and specifications against an officer 56
Commanding officer :
Form of letter to —
Directing him to furnish clerical assistance 57
Transmitting copy of charges and specifications against an
officer 56
Transmitting precept, naval examining board 235
Conduct to the prejudice of good order and discipline :
Form of specification for 93
Limit of punishment 310
Conduct unbecoming an officer and a gentleman :
Form of specification for 05
Limit of punishment 310
Countenancing a fraud against the United States, limit of punishment- 317
Counterfeiting a signature, limit of punishment 317
Court, Deck :
Action of convening authority 181
Accused —
Arraigned 180
Consents to trial by 170
By whom ordered 170
Composition and authority 170
Convening authority to decide when and what cases to be brought
before. 180
Finding, form of 180,182
Form for record of, when there is only one officer, or only one of
required rank, attached to vessel, etc ^ 182
Has power to compel attendance of civilian witness 180
Medical officer's certificate.- 181,182
Order for, form of 170
Pay accounts, what record shall show regarding 181
Pay officer's certificate 181,182
Power of reviewing authority 181
Previous convictions, procedure in case of 180
Procedure as to counsel for accused, swearing of recorder, arraign-
ment, etc., same as for summary courts-martial 180
324 INDEX.
Court, Deck — Continued.
Record : Page.
Briefing for, form of 181
Completion and submission of 180
Disposition of 181
Recorder, who may be detailed as 179
Schedule of punishments 185
Sentence :
Certificates of medical officers required, when 180
When approval of, is not necessary 179
Specification for, form of 179
Transcript furnished officer of deck 181
Who shall not be ordered as 179
Witness, examination of 180
Court of Inquiry :
Action on record 196
Adjournment :
How recorded 193
Need not be from day to day 193
Arguments 194
Certificate as to absent member 191
Challenge, procedure in case of 192
Clerk-
Introduced - 191
Sworn 192
Complainant —
Introduced 192
May introduce evidence, when and how 193
Complaint to be communicated to parties 192
Counsel —
For complainant introduced 192
For defendant introduced 192
Rejected by court , 192
Cover page, form of 189
Defendant —
Absent, procedure in case of 192
Introduced 191
May introduce evidence, when and how 193
Procedure when there is none 192
Procedure in case others than those named become 192
Right of, to be present 192
Defense- 194
Examination of witness 193
Evidence may be introduced by defendant and complainant, when
and how 193
Finding of 194, 195
Interpreter sworn l- 192
Inquiry finished, parties withdraw 194
Judge-advocate —
Does not withdraw when court is cleared 191
Sworn — ^ - ^ 192
INDEX. 325
Court of Inquiry — Continued.
Letter, form of, to — Page.
Commandant, navy-yard . 205
Party to inquiry 204
President of court 204
Meetings of, need not be from day to day 193
Members —
Absent, procedure in case of 191
Sworn 192
Oath to be administered to —
Clerli (stenographer) 193
Interpreter 193
Judge-advocate 192
Members 192
Oaths, forms of, same as under ordinary courts of inquiry 199
Opinion of 195
Organization of 191
Parties to inquiry withdraw when inquiry finished 194
Postponement of 193
Precept —
Form of : 203
Read and procedure decided upon 191
Read to parties to inquiry 192
Reporter introduced 191
Revision of proceedings 195
Sittings of, need not be from day to day 193
Statements admitted 194
Stenographer —
Introduced 191
Oath to be administered to 193
Sworn 192
Testimony, correction of, how made 193
Witness —
Corrects testimony 193
Examination of 193
Sworn 193
Witlidraws 193
Court of inquiry (loss or grounding of a vessel) :
Adjournment, how recorded _- 200
Authentication of record ^ 202
Challenge of members 199
Commanding officer questioned as to narrative 284
Correction of testimony 201
Cover page, form of 197
Defendants introduced * 199
Examination of witness 201
Finding 202
Judge-advocate —
Reads reply to defendant's statement 202
Sworn 199
Letter, form of, to —
Commandant, navy-yard 205
Party to inquiry 204
President of court , 204
Members sworn 199
326 INDEX.
Court of Inquiry — Continued. Page.
Minority report 202
Oath administered —
Forms of 199
To surviving officers and men i 199,200
Officer informed that he is an interested party 201
Officers and men questioned as to commanding officer's report 200
Opinion 202
Organization of 199
Precept —
Form of 1 203
Read and procedure agreed upon 199
Read to parties to inquiry 199
Recess, how recorded 200
Report of commanding officer of vessel read 199
Statements by defendants 202
Testimony, correction of 201
Witness —
Examination of 201
Sworn 199, 200
Court-Martial, General :
Account of civilian witness not in government employ 67,68
Accused —
Acknowledges receipt of copy of charges and specifications 20
Advised of rights 18
Arraigned 22
Denies receipt of charges and specification, procedure 20
Detail of counsel for, how made 18
Does not desire to make statement, etc 38
Does not object to any member • 19
Exchanges list of witnesses with judge-advocate 24
Identification of 25
Introduces counsel 17
Present during reading of record 44
Ready for trial 21
Receipt of, for copy of record, form of 74
Requests delay to prepare statement 38
Requests postponement of trial 21
Stands mute, procedure in case of 22
Waiver of right to copy of record, form of 74
Withdraws plea of guilty, rearraigned 24
Witness in own behalf 33,34
Acquittal, how recorded 41
Action of convening authority on record 51-53
Adjournment, what is an, and how recorded 27
Allowances, loss of, when not included in sentence 43
Answers —
Witness may decline to, when 27,30,36
All, of witness, to begin new paragraph 25
Argument —
Character of 39
Judge-advocate is entitled to closing 39
Oral, accused and judge-advocate make, when 39
Written, when must be 39
INDEX. 327
rourt-Martial, General — Contiuiied.
Arraignment — Page.
How recorded 22
Is beginning of trial 24
Arrest of witness 36
Attachment, form of warrant 65
Authentication of sentence 43
Brief to be filed with return to a writ of habeas corpus, etc 77
Bread and water, sentence of solitary confinement on 43
Challenge —
By accused 19
By judge-advocate - 19
Court's decision in regard to, can not be opposed 20
Judge-advocate not subject to 19
Procedure in case of 19
Procedure when court is reduced below legal quorum bj' 20
Time for 19, 20
Changes in composition of, how made ]8, 20, 25, 55
Character, evidence of good 36,37
Charge —
Voting upon 40
May be read to witness 25
Charges and specifications —
Copies furnished by judge-advocate for convenience of court— 20
Errors in, to be brought to attention of court by judge-advo-
cate 20
Examined by court 20
How forwarded to accused 20
Incorrect, procedure in case of 21
Letters, forms of, transmitting 56
Read to accused by judge-advocate ^-- 22
Receipt of, acknowledged by accused 20
Receipt of, denied by accused, procedure 20
Regulations and instructions for drawing up 81-85
Specimen forms of 87-131
What errors in, may be corrected by judge-advocate 21
Clemency, recommendation to —
How and when recorded 44
Not signed by judge-advocate 44
Clerk-
Admitted - 17
Oath to be administered to 20
Sworn 20
Commandant of navy-yard, letter to, form of —
Directing him to furnish clerical assistance 57
Inclosing charges and specifications, and placing officer under
arrest i 56
Requesting room for court, detail of provost-marshal, etc 59
Commander in chief or commandant of naval station abroad, order
issued from oflfice of 59,60
Commanding officer, letter to, form of —
Directing him to furnish clerical assistance 57
Transmitting copy of charge and specification 56
Communications, privileged, defined 30
328 INDEX.
Court-Martial, General — Continued. Page,
Competency of witness, question of 24,2:5,30,31
Composition of —
Changes in, how made 18,20,55
Letter, form of, making change in ^ 55
Number and ranli, how selected 55
Conflicting testimony 52
Contempt —
How punished 27
Procedure in case of 33,35,36
Punishment for 36
Convening authority —
Action of, on record 51-53
Letter from, form of, making change in court 55
Order from, to member and judge-advocate, part of record 18
Correction of record of proceedings, method of : 29
Correction of testimony —
How recorded 27
Method of 26,27
Counsel —
Duties of 18
How detail made 18
Introduced , 17
To assist judge-advocate, introduced 18
Cover page, form of 15
Deck court, records of, may be introduced, when and how 41
Defense —
Begins 33
Ends 37
Oral 1 38,39
Written 38, 39
Deposition, subpoena for taking, form of 63
Deposition and interrogatories, form of 66,67
Desertion^
Documentary evidence in case of 31
Sentence includes what 43
Detachment of officer from ship or station does not relieve him
from duty on 19
Disapproval, effect of 52
Disapprove and commute, reviewing authority can not 52
Dishonorable discharge 43
Disposition of —
Precept 44
Record 53
Dissolving court, form of order - 75
Documentary evidence —
Method of introducing 31,32,34,35
Ruled out 33
Documents appended —
Copies of, certified by judge-advocate 18
How marked 18
Enlisted man —
Records of summary and deck courts may be introduced in
case of 41
How summoned 61
INDEX. 329
Court-Martial, General — Continued. Page,
Enlistment record —
As evidence 31,32,37
Judge-advocate reads 41
Evidence —
After plea of guilty 22
In extenuation 22
Documentary —
Method of introducing 31, 32
Ruled out 38
Notes on 133-147
Of contents of writing * 32
Of good character 36,37
May be introduced before finding 39
Previous conviction —
How and when introduced 39-41
Must relate to what enlistment 41
Refusal to give ^ 36
Written statement by accused is not 39
Examination of witness 25
Finding —
Evidence may be introduced before 39
How written and recorded 40
Forfeiture of pay due 43
General orders, how proved 31
Guard, detail of, form of request for 59
Guilty, procedure in case accused pleads 22-24
Habeas corpus, return to writ of —
Brief to be filed with 77-79
By State court 76
By United States court 75,76
Handwriting, identification of 32
Hard labor, sentence to, includes what 43
Hours of sessions 17
Identification of —
Accused . 25
Handwriting 32
Illness of witness, procedure in case of 32, 33
Impeaching a witness 37,38
Imprisonment, sentence must express distinctly for what period-- 43
Improper language or behavior, procedure in case of 35
Incidents of trial 13
Interpreter —
Admitted 17
Sworn 20
Oath to be administered to 20
Interrogatories and deposition, form of 66, 67
Irrelevant or collateral matter, effect of answers to 38
Joinder —
Procedure in case of 24
Sentence or acquittal in case of, how recorded 41
330 INDEX.
Court-Martial, General — Coiitiiuied.
Judge advocate — Page.
Absence of, procedure in case of 10,21)
Can not be challenged 11)
Certifies copies of documents and papers^ 18
Challenged by 19
Detailed or relieved, how 18,55
Directs attention to regulations relating to previous conviction- 30
Entitled to closing argument 80
Exchanges list of witnesses with accused.— 24
Form of agreement with stenographer , 50
Form of letter to —
Authorizing correction in specifications 58
Authorizing employment of stenographer 58
Authorizing the entering of a nolle prosequi 58
Transmitting charges and specifications 50
Form of order to member or —
When no travel is involved 00
When travel is involved 00
If witness for prosecution, to be first called 24
Introduces counsel to assist 18
Legal costodian of enlistment record and finger-print card,
when 31
Oath to be administered to 20
Reads enlistment record 41
Reads letter authorizing change in specifications 20
Reads letter of transmittal and charges and specifications 22
Reads precept to accused 18
Reads order of convening authority relieving member and ap-
pointing new : 28
Recommendation to clemency, does not sign 44
Records sentence 42
Replies to objection to witness 31
Requests delay to prepare statement 39
Requests postponement of trial 21
Shall draw up and record sentence 43
Shall furnish copies of charges and specifications for conven-
ience of court : 20
Sworn 20
To inform court of errors in charges and specifications 20
V/hat errors in charges and specifications may be corrected by- 21
Witnesses to be summoned by 61
Leading questions —
On cross-examination, permitted, provided 25
On direct examination, not permitted, except 25
Letter transmitting charges and specifications read 22
Letters, forms of —
Authorizing judge-advocate to correct specifications 58
Authorizing judge-advocate to employ a stenographer 58
Authorizing judge-advocate to enter a nolle prosequi 58
Directing commandant navy-yard or commanding officer to
furnish clerical assistance 57
Informing convening authority thjtt court has completed its
work 't^
INDEX. 331
Court-Martial, General — Contiiiuetl.
T.otters, forms of — Continued. Page.
Making change in composition of court 55
Keturning record for revision 47-50
Transmitting charge and specification 56
Transmitting precept 55
Limitations —
As to membership 55
Of sentences 43
To punishment in time of peace r,ll-319
Loss of allowances, \Yhen not included in sentence 43
Loss of numbers, sentence to, procedure m case of 43
Marine ofiicer to be tried, who should be members 55
Marines sentenced to dishonorable discharge 43
Medical certificate introduced in case of —
Sick member IS, 10, 28
Sick witness 33
Member-s —
Absent —
Explains 28
Procedure in case of 18,28
Detailed and relieved, how 18,55
Each to vote 41
Form of order to judge-advocate or —
When no travel is involved 60
When travel is involved 60
If witness for prosecution, to be first called 24
Illness of, procedure in case of 18,10,28
Limitations as to number, etc., of 55
New, appointed, procedure in case of 28,20
Oath to be administered to 20
Objected to, procedure 10,28
Promotion, procedure in case of 20
Questions by 26
Shall not absent himself, except 19
Sworn 20
Who should be, when marine ofiicer is tried ^ 55
Who should be, when staff officer is tried 55
Memorandum, witness requests permission to refresh memory from,
procedure 34, 35
Morning report book as evidence 31
Nolle prosequi —
Entered 33
Form of letter to judge-advocate authorizing him to enter 58
Notation on record r»3
Notes on evidence 133-147
Oaths :
Forms of, administered to —
Interpreter 20
Judge-advocate 20
Member -- 20
Stenographer (clerk, reporter) 20
Witness 25
332 INDEX.
Court-Martial, General — Continued. Page.
Oaths — Continued.
How administered 20
To be taken before an officer when practicable G8
Objectionable matter in written defense, omission of oS, 30
Objection to —
Competency of witness 24,30,31
Member, procedure 19, 28
Question, procedure in case of 25,26
Record of proceedings 29
Witness, procedure in case of 30,31
Officer-
Form of order placing under arrest 57
On leave or waiting orders sunnnoned as witness, procedure
in case of 27, 01
Officer or enlisted man summoned as witness, duty of 27
Official records as evidence 31,82
Omission of step in examination, what record must show 20
Oral argument 39
Oral defense 3S, 30
Orders, form of —
Dissolving court 75
Placing officer under arrest 57
To president, members, and judge-advocate 50,00
General, how proved 31
Printed, is prima facie evidence, when 41
To members and judge-advocate, how issued IS
Orderlies, detail of, form of request for 59
Organization of 17
Penalty, statutory, none other than, imposed 43
Pleas-
Bar of judgment 38
Bar of trial 22,23
Case of desertion 24
Case of joinder 24
Change of 22,24
Former jeopardy . 23
Guilty-
Evidence after, not allowed unless 22
Evidence in extenuation 22
Finding in case of 40
Less degree than charged 23
Procedure in case of 22,24
Rejection of 23
Withdrawal of 24
Illegal arrest 23
Not guilty, stands mute, etc., procedure 22
Valid, procedure *24
Witness examined in support of 23
Postponement longer than twenty-four hours, procedure 21
Precept —
Disposition of 18,44
Form of 54
INDEX. 333
Court-Martial, General— Coutinuetl.
Precept — Contiiinetl. Page.
Form of letter transmitting 55
Read by judge-advocate IS
President —
Form of order to —
When no travel is involved 60
When travel is involved 59
Responsibility of 1"
Senior member is 1"
When senior to commandant of station, ordered to confer with_ 50
When witness, oath to, how administered 24
Previous conviction —
Evidence of, how and when introduced 40
Judge-advocate directs attention to regulations relating to 39-41
Prima facie evidence, what official papers furnish 32
Privileged communications defined 30
Proceedings not delayed so long as five members present IT
Promotion of member, procedure in case of 29
Prosecution —
Begins 24
Ends 33
Provost-ma rsha 1 —
Detail of—
Form of request for 59
How made 17
Reports 1"
Punishment —
Adequate to nature and degree of offense 41
Authorized for summary courts-martial may be inflicted 43
Limitation of. in time of peace 311-319
Manner of determining 41
Nominal, must not be adjudged 42
Questions —
By members 26
Constituting arraignment, and answers, to be distinctly re-
corded 22
Leading —
On cross-examination, permitted, provided 25
On direct examination, not permitted, except 25
Method of numbering 25
Preliminary, to defense, purpose of 34
Objected to, proceilure 25,26
Refusal of witness to answer 36
Quorum —
Five is legal IT
Procedure when court is reduced below, by challenge 20
Rating, reduction in, sentence to include what— 43
Reading of papers, etc 18
Rebuttal-
Begins 3T
Ends 38
Recess, what is a, and how recorded ^ ^^ , ^ 27
334 INDEX.
Court-Martial, General — Contiuned. Page.
Record of proceedings —
Accused present during reading of 44
Action of convening autliority on 51-53
Disposition of ^ 53
Each case complete in itself 17
Notation on 53
Objected to, procedure in case of 29
What read daily 28
Records, authenticated copies of, admissible in evidence 31
Reduction in rating, sentence to include what 43
Refusal of witness to appear 62
Refusal to give evidence, procedure in case of 36
Rejection of plea 23
Reporter, oath to be administered to 20
Reviewing authority, power of 52
Revision —
Accused —
Entitled to exemplified copy of record in 45
Present during, when 50
Action of convening authority on 51-53
Confined to what 50
Cover page 45
Errors, correction of 50
Forms of letters returning record for 47-50
Judge-advocate —
Directed to record sentence 50,51
Excluded during 50
Present when record corrected 50
Must form separate and complete record, etc 45
New testimony not admissible during 50
Record, what to contain, and disposition 50
Seating new member, procedure in case of 29
Sentence —
Authentication of 43
Determining, manner of ^ 41
Execution of 52
How recorded 42,43
Limitation of 43
Notes concerning proper 43
Sessions, hours of 17
Sittings of, from day to day 17
Specifications —
Changes in, form of letter to judge-advocate authorizing 58
Shall not be read to witness 25
Specimen forms of 87-131
Staff officer to be tried, who should be members 55
Statement, written, by accused —
Judicial cognizance of 39
May be withdrawn before it is read aloud 38
Not evidence 39
Omission of objectionable words from 38,39
Statutory jienalty, none other than, imposed 43
INDEX. 335
Court-Martial, General — Continued. Page.
Stenographer —
Admitted ^ 17
Form of agreement with judge-advocate 59
Form of letter to judge-advocate authorizing employment of 58
Oath to be administered to 20
Sworn 20
Subpoena —
Form of, for —
Civilian witness 61
Taking deposition 63
Return of service 64
Subpoena duces tecum for—
Civilian witness.-. 62
Naval witness 62
Summary court-martial, records of, may be introduced, when and
how 41
Summons for naval witness, form of 61
Surrebuttal —
Begins 38
Ends 38
Suspension, what sentence shall state 43
Suspension of proceedings 17
Testimony —
Conflicting 52
Corrections in —
How made - 26, 27, 29
How recorded 27
Introduction of, out of regular order 37
Trial finished 39
Until sworn, incompetent to perform any judicial act, except 20
Voir dire, witness examined on 24,31
Voting, manner of 40, 41
Voucher for reimbursement of traveling expenses, civilian witness
in government employ 69,70
Warning to witness —
Before withdrawal 26
Recalled 29, 37, 160
Warrant of attachment, form of 65
Who may order 54
Witness-es —
Accused as, in own behalf 33,34
Arrest of 36
Attendance, court has power to compel, and method of enforc-
ing 62,65
Charges may be read to 25
Competency of, procedure in case of question of 24, 25, 30, 31
Correction of testimony by 26,27,29
Deposition of, taken when 63
Directed to withdraw 22
Examination of 25
Examined on voir dire 24,31
Exchange of lists of, between accused and judge-advocate 24
336 INDEX.
Court-Martial, General — Continued.
Witnesses — Continued. Page.
Impeacliing a 37, 38
Improper language or behavior of, proceedings 35
In contempt, procedure in case of 33, 35, 36
Judge-advocate to summon 61
May decline to answer, when 30,36
Oath to be administered to 25
Objected to, procedure in case of 30,31
Officer on leave or waiting orders summoned as, procedure in
case of 27, 61
Officer or enlisted man summoned as, duty of 27
Permitted to refresh memory 34,35
Recalled, warned 29,37
Refusal of, to appear 1 62,64
Specifications shall not be read to 25
Subpoena for taking deposition of 63
Sworn 25
Unable to appear in court, procedure in case of 33
Warned by court 22
Warning to, before withdrawal 26
When need not answer 27
Witness, Civilian —
Account of, not in government employ 67, 68
Certificate to district attorney in case of contumacious 73, 74
Court has power to compel attendance 27
Instructions relative to payment of fees and mileage to 71, 72
Subpoena for, form of 61
Subpoena duces tecum for, form of 62
Voucher for reimbursement of traveling expenses, in govern-
ment employ 69, 70
Witness, Naval —
Summons for, form of 61
Subpoena duces tecum for, form of 62
Writing, evidence of contents of 32
Court-martial, Summary :
Absent over or without leave, period of, how computed 156
Accused —
Admitted 156
Arraigned 157, 158
As witness 159,160
Desires postponement of trial 157
Does not object to any member 157
Introduces counsel 157
Ready for trial 156
Acquitted, how recorded 165
Action on record by —
Convening authority 163-165
Revising authority : 165-167
Authorized punishments 162
Bad-conduct discharge —
Action on record in case of sentence of 163-165
Execution of sentence involving 165,165
Restrictions as to 165
INDEX. 337
Court-Martial, Summary — Continued.
Bread and water — Page.
Care to be exercised when resorting to, as punishment ^ 162
Recorder directed to record sentence 161
Challenge, procedure in case of 157
Commandant as senior officer present 165
Clemency, recommendation to _ 162
Composition of 155
Conduct record may be read and certified copy appended 161, 164
Convening authority —
Action of, on record 163-165
Care in preparation of spec'ificrttions to be exercised by 156
Duty of 163
When commanding officer of cruising vessel temporarily at
navy-yard, who approves proceedings and sentence 166
Convictions, approval of department unnecessary, when 161
Counsel introduced 157
Cover page, form of 153
Defense —
Begins 159
Ends 161
Written, not admissible 160
Deprivation of liberty, sentence of, illegal, when 162
Disrating must be in accordance with regulations 162
Enlistment record —
Certified copy of extracts from, appended to record 161
Extracts from, read by recorder 161
Extra police duties, sentence, when undesirable 162
Finding, how written and recorded 161
Guilty, procedure in case accused pleads 158
• Incidents of trial 151
Incompetency —
Requirements of specification to cover 156
Sentence in case guilty of 162
Intoxicants in possession, requirements of specification to cover 156
Loss of pay, sentence 162,163
Marine to be tried, marine officer should be member if practicable- _ 155
Medical officer's certificate must be entered on record 163
Members —
Absent, procedure in case of 156
As witness 158
Oath administered to, form of 157
Objected to, procedure 157
Selection of, care should be exercised in . 155
Sworn 157
Who may be 155
Who should be, when marine is tried 155
Mitigation, power of, vested in whom 165
Oaths-
Forms of, administered to members and recorder 157
How administered 157
Objection to member 157
Oral statement, substance of, may be recorded ^ — 160
8483—10 22
338 INDEX.
Court-martial, Summary — Continued.
Order, form of — Page.
Convening ]55
For revision 175
Pay oflScer —
Order to KJG
To inform auditor of cbecljage 106
Plea of guilty, procedure in case of 158
Precept :
New, to be issued in case of change in composition of court 157
Read by recorder 157
Previous conviction 101
Prosecution —
Begins 158
Ends 159
Punishments —
Autliorized 102
Authorized by, may be inflicted by general court-martial 43
Restricted by Article 30. Articles for the (government of the
Navy 319
Schedule of 185
Questions, preliminary, to witnesses for defense, purpose of 159
Rebuttal-
Begins 160
Ends 160
When omitted 160
Record of proceedings —
Action on, by —
Convening authority 163-165
Revising authority 165, 166
Each case complete in itself 156
Pay officer's certificate on. to show checkage-. 106
Recorder —
As witness 158
Oath administered to, form of 157
Petty officer or noncommissioned officer of mnrines can not
be detailed as 155
Reads extracts from enlistment record 161
Reads precept 157
Reads si>ecifl.catiou 157
Sworn 157
Revising authority, action of, on record 165-167
Revision —
Accused present during, when 176
By difllerent court, when 176
Confined to what --i 175
Cover page, form of 173
Duty of reviewing authority 175
Errors, correction of 176
Must form separate and complete record, etc_- 173.175
New testimony not admissible during 175
Order for 175
INDEX. 339
Court-martial, Summary — CoutiuueU.
Revision — Continued.
Record^ Page.
How returned 175
Wliat to contain, and disposition 175
Recorder —
Directed to record sentence 176
Excluded during 176
Who present during 176
Senior member as witness 158
Senior officer present, commandant acts as. wlien 165
Sentence —
Executed on approval of senior officer present 165
How recorded 161
Specification —
Form of 155
Preparation of, care to be exercised in ^ 156
Read by recorder 157
Specimen forms of 166
Surrebuttal —
Begins 160
Ends 160
Wlien omitted—- 360
Trial—
Finislied 161
Incidents of 151
Warning to witness —
Before withdrawal 159
Recalled 160
Witness —
Accused as 159, 160
Correction of testimony by 158
Directed to withdraw 157
Examination of ^ 158
Member or recorder as 158
Sworn 158
Warning to —
Before withdrawal 159
Recalled 160
Cover page, form of:
Board of inquest 221
Board of investigation 215
Board of medical examiners 241
Board of selection for retirement 259
Courts of inquiry 189,197
General court-martial 15
Investigation 209
Marine examining board 267
Naval examining board 227
Naval retiring board 249
Summary court-martial 153
Revision —
General court-martial 45
Summary court-martial 173
Creating a disturbance after being placed in arrest, limit of punishment- 319
340 INDEX.
Cruelty toward any person subject to his orders: Page.
Form of specification for 112
Limit of punishment 314
Culpable inefficiency in the performance of duty :
Form of specification for 96
Limit of punishment 315
Culpable negligence and inefficiency in the performance of duty, form of
specification for 97
Deck Court. (See Court, Deck.)
Delivered after absence without, or over, leave, punishment, schedule-- 185
Deposition :
Form of 67
May be taken, when 63
Subpoena for taking, form of 63
Desertion :
Form of specification for 98
Limit of punishment 316
Statement inconsistent with plea of guilty in case of 24
Disobedience, deliberate :
Form of specification for 168
Punishment, schedule 185
Disobedience of a lawful order of the Secretary of the Navy, form of
specification for 99
Disobeying the lawful order of his superior officer:
Form of specification for 99
Limit of punishment 313
Disorderly conduct :
Form of specification for 168
Punishment, schedule 185
Disorderly conduct (aggravated case), limit of punishment 318
Disposing of stores, etc., for his own benefit, limit of punishment 316
Disrespect to commissioned or warrant officer, punishment, schedule-- 185
Disrespect to petty officer :
Form of specification for 168
Punishment, schedule 185
Disresi)ect to the Secretary of the Navy, form of specification for 100
Disrespectful in language and deportment to his superior oflScer while
in the execution of his office, form of specification for 101
Disrespectful in hinguage or deportment toward iietty or noncommis-
sioned officer, limit of punishment 319
Disrespectful to a sentinel, limit of punishment 318
District attorney, certificate of court to, in case of contumacious
civilian witness 73, 74
Documents appended to records, how marked 9, 18
Drugs in possession, form of specification for 168
Drunk, from liberty, form of specification for 169
Drunk, off duty:
Form of specification for 169
Punishment, schedule 185
Drunk, on duty, punsihment, schedule 185
Drunk, on post :
Form of specification for 169
Punishment, schedule 185
INDEX. 341
Drunk, on guard: Page.
Form of specification for 169
Punishment, schedule 185, 314
Drunkenness :
Form of specification for 102
Limit of punishment 314
Drunkenness on duty :
Form of specification for 102
Limit of punishment 314
Drunkenness on guard, form of specification for 103
Drunkenness on post :
Form of specification for 103
Limit of punishment 314
Embezzlement :
Form of specification for 103-105
Limit of punishment 317
Endeavoring to foment quarrels between other persons in the navy,
limit of punishment 314
Entering into an agreement or conspiracy to defraud the United States,
limit of punishment 31G
Entertaining a deserter, knowing him to be sucli ; limit of punishment 31G
Enticing a prisoner to escape, limit of punishment 318
Enticing others to desert, limit of punishment 316
Evidence, Notes on :
Accused —
As witness in own behalf '. 139
Does not take stand, no comment to be made 139
May cross-examine witness introduced after plea of guilty 144
Statement of, inconsistent with plea of guilty 144
Testimony of, not excepted from ordinary rules 342
Weight to be given evidence of 140
Adducing evidence, manner of 136
Admissibility of evidence, rules as to 137
Admission, facts asserted establislied by 141
Admissions or confessions against interest.- 138
Affidavits 147
Alterations in a writing 145
Attorney and client 143
Best evidence —
Example of what is not, exception 138
Meaning of 138
Burden of proof on the Government 138
Circumstantial evidence 136
Collateral facts generally inadmissible 137
. Competency —
Credibility distinguished from___ 135
Decided before witness testifies 136
Presumption of 136
Competent, witnesses before naval courts generally 136
Confession, corroboration of 141
Confessions or admissions against interest 138
Conflicting testimony 140
Corroboration of confession 141
Courts should be bound by ordinary rules 135
342 INDEX.
Evidence, Notes on — Continued. Page.
Courts-martial not bound by statute 135
Credibility —
Distinguished from competency 135
One's own witness must not be impeachefd 140
Witness, impeachment of 143
Testimony determined by court 140
Criminating questions 143
Cross-examination, latitude allowed 142
Cumulative evidence unnecessary 141
Deceased persons, entries and writing of a 145
Definition of —
Evidence 135
Hearsay evidence 138
Reasonable doubt 137
Depositions before naval courts 139
Directory regulations 147
Disputable presumptions 145, 146
Document not in hands of party desiring to introduce it 141
Duty of members of courts-martial as to evidence 135
Dying declarations 138
Entries, original 145
Entries and writing of a deceased person- 145
Examining witnesses, leading questions, etc 142
Example of what is not best evidence — exception 138
Exceptions to rule excluding hearsay evidence 138
Experts —
Must be shown to be such 140
Opinions of 140
Facts —
Asserted, established by admission 141
To what, evidence may be given 144, 145
Form of evidence 136
Grounds of incompetency 136
Hearsay evidence —
Exceptions to rule excluding _ 138
Objf^^tionable, why 138
When pertinent, and definition of 138
Husband and wife 143
Impeachment of credibility of witness 143
Inadmissible, collateral facts generally 137
Incompetency, grounds of 136
Judicial notice, matters of which the courts take 137, 141
Law and fact, presumptions of 137
Leading questions 142
Memory, how witness may refresh 139
No comment to be made if the accused does not take stand 139
Oath, manner of taking 142
Object of rules of evidence 135
Opinion of Supreme Court, accused as witness 142
Opinions not admissible, except 139,140
Oral testimony 136
Original entries 145
INDEX. 343.
Evidence, Notes on — Continued. Page.
Plea of guilty-
Accused may cross-examine witnesses introduced after 144
Does not exclude evidence for prosecution 143
Statement inconsistent with 143
Preponderance of evidence 145
Presumption of competency 136
Presumptions of law and of fact 137
Presumptions, disputable 145, 146
Private documents, liow identity established, etc 141
Production and interrogation of witness 135
Proof —
Beyond reasonable doubt 136
Burden of, on the Government 138
In general 136
Public and private writings 141
Public documents —
Noticed judicially 141
Secondary evidence as to 141
Public statutes, orders, regulations, etc., noticed judicially 141
Questions witness may decline to answer , 143
Real evidence 136
Reasonable and just evidence usually admissible : 135
Reasonable doubt —
Definition of . 137
Meaning of rule as to 137
Proof beyond 136
Rule as to 137
Refresh memory, how witness may 139
Regulations, directory 147
Relevant, evidence must be 137
Res gestae 138
Rule as to reasonable doubt 137
Rules as to admissibility of evidence 137
Rules of evidence —
Are the, binding on courts-martial? 146
Object of - 135
State secrets 143
Statement inconsistent with plea of guilty 144
Statements of witness outside of court 143
Statutes of limitations 144
Secondary evidence as to public documents 141
Subject of evidence, how divided 136
Supreme Court, opinion of, accused as witness 142
Testimony of accused not excepted from ordinary rules 142
To what facts evidence may be given 144, 145
Weight of evidence as affected by number of witnesses 140
Weight to be given evidence of accused 140
What is taken notice of judicially 137
What is to be proved 136
Witness —
Before naval courts generally competent 136
Competency of, decided before testifying 136
Impeachment of credibility of 143
344 INDEX.
Evidence, Notes on — Continued.
Witness — Continued. Page.
Manner of examining, leading questions, etc 142
Must state facts, not opinions, exceptions 139
May be recalled and evidence introduced out of usual order__ 144
May refresh memory, how 139
One's own, must not be impeached 140
Production and interrogation of 135
Questions, may decline to answer 143
Statements of, outside of courts .. 143
Writings —
Alterations in 145
Public and private 141
Writing and entries of a deceased person 145
Written evidence 136
Examination of marine officers, notes relating to 275-277
Examiners, Medical, Board of:
Candidate reports 243
Certificate of 244
Certificate of candidate, form and meaning of 245
Composition of 243
Cover page, form of 241
Examination of candidate 243
Medical history —
Form of 246
What considered 243
Onth as to statement of physical conditions 243
Pay corps, report in case of candidate for, to be forwarded to ex-
amining board of i)ay officers 244
Physical disability due to wounds 244
Physical examination of candidate —
Before promotion 1 244
For appointment 244
Precept —
Form of 245
Read 243
Record, what must show 243
Recorder and members sworn 243
Statement of candidate as to physical qualifications appended 243
Examining Board, Marine :
Answers —
To interrogatories, how appended to record 271
Value of, board to note 275
Average, calculation of 276, 277
Candidate —
Directed to report to medical members for examination 270
Present, when 270
Reports 270
Shall present orders 270
Shall sign certificate as of date of examination 270
Submits certificate as to examination 274
Submits health certificate 270
Captain, examination for promotion, table of subjects and weights. 277
INDEX. 345
Examining Board, Marine — Continued. Page.
Certificate of candidate at conclusion of examination, form of 279
Certificate of graduation from School of Application —
Effect of 273
Introduced 272
Challenge, procedure in case of 270
Character of professional examination 273
Colonel, no professional examination required 278
Commandant, Marine Corps, and commanding officer to forward
papers relating to efficiency of candidate 271
Commendatory letters, how appended to record-^ 271
Composition of . 278
Copies of questions, answers, marks, etc., appended to record 274
Counsel for candidate present, when 270
Cover page, form of - 267
Defects of vision that may be corrected by glasses do not dis-
qualify, unless 270
Documents appended —
Arrangement of 271
How marked 271
Evidence, unfavorable, procedure in case of '- 271, 272, 274
Examination —
Continue from day to day, Sundays and holidays excepted 276
Presence of members during 272
Of witness 272
Oral, unsatisfactory, procedure 273
Professional, character of ^^ 273
To include all subjects 276
Written, notes relating to 276
Facts, what, not inquired into 272
Failure on practical examination, procedure 273
Field officer-
Finding in case of 274
Not examined professionally 272
Final average, calculation of 276,277
Final opinion, what must show - 274
Finding of 275
Finding and recommendation confidential 274
Finding in case of —
Field officer, shall refer to what 274
Physical disqualification, by whom and how signed 271
First lieutenant —
Examination of, for promotion, table of subjects and weights. _ 277
Form of interrogatories and reports of fitness in case of 280
Problem for 273
Fitness, general efficiency 271, 272
General efficiency —
Assumed, when 271
Marks in, based upon what 272
Not assumed, procedure in case of 271,272
Reports regarding, to be forwarded to board, by whom 271
Incidents out of ordinary routine entered on record 273
Indebtedness, letters relating to, how appended to record 271
346
INDEX.
Examining Board, Marine — Continued.
Interrogatories — Page.
Scope and character of 272
To be read aloud 270
Interrogatories and reports on fitness in ease of first lieutenant,
form of 280
Letters, forms of —
From Secretary of Navy, in relation to challenge 278,279
Candidate ^ 278
To medical members in case board resolves itself into retiring
board 280
Lieutenant-colonel, no professional examination required 278
Major, no professional examination required 278
Marks assigned, table of 274
Medical certificate, form of 279
Medical members —
Duties of 270
Report as to candidate's physical condition 271
Shall personally examine candidate 270
Medical record —
Form of 279
Introduced 270
Members —
Absent, procedure in case of 269,270
Presence of, during examination 272
Sworn 270
To familiarize themselves with regulations 270
Military history —
Extracts from, to be read aloud 270
Form of 280
Notes relating to examination of marine officers 275-277
Oaths, how administered and form of 270
Officer unable to appear before board, procedure 276
Opinion —
Form of 275
What final, must show 274
Organization 269
Physical disqualification, procedure in case of 271
Physical fitness, questions relating to, determined by full board 271
Practical exercises never omitted ^ 274
Precept —
Form of 277
Read 270
Problems for first and second lieutenants 273
Professional examination —
Character of 273
What required of officers holding rank of captain and below — 278
Promotion of commissioned officers in Army and Marine Corps,
extracts from acts regarding 269
Questions —
Board shall prepare, and how 275
Manner of assigning 275
Uniformity in 275
Questions of physical fitness determined by full board 271
INDEX. 347
Examining Board, Marine — Continued.
Record — Page.
Disposition of . 277
To show unfavorable matter considered 274
Recorder —
Duties of 270
Responsibility of 276
Sworn 270
Reexamination, procedure in case of 271
Report of medical members, form of 280
Reports of fitness —
Form of 1 280
Forwarded to board, by whom 271
How appended to record 271
Introduced 272
To be read aloud 270
Retiring board, board resolves itself into, procedure when 271
Scope and character of interrogatories 272
Second lieutenant —
Examination of, for promotion, to be of subjects and weights 277
Problem for 274
Subjects and weights, tables of 277
Sworn statement, candidate shall be given opportunity to make 272
Testimony, how recorded 272
Unfavorable evidence, procedure in case of 271, 272, 274
What facts not inquired into 272
Witness —
Examined and sworn 272
Examined in presence of candidate, when 272
Examining Board, Naval : '
Answers to interrogatories, how appended to record 231
Candidate —
Appearance of, in person, deemed necessary. Department
notified 234
Reports 229
Right of, to be present 231
Certificate of, in case of candidate for —
Admission 234
Promotion 231, 235
Certified copies of papers to be attached to record 229
Challenge by candidate 229
Commendatory letters, how appended to record 231
Composition of, and how selected 236
Consideration of facts which occurred prior to last examination 232
Cover page, form of 227
Discharge by reason of drunkenness or misconduct, procedure 233
Discharged, candidate must not be, before completion of case 231
Documents appended, how marked 230
Drunkenness or misconduct, discharge by reason of, procedure 233
Evidence to be considered 231
Examination —
Physical, candidate for appointment, when made 229
Written 230
Failure of candidate for admission, record to state cause 233
348 INDEX.
Examining Board, Naval — Continued. Page.
Finding of 231-235
Foreign station or naval station abroad, examination at, form of
precept 235
Incidents out of ordinary routine, procedure 230
Indebtedness, letters relating to, how appended to record 231
Letter, form of —
To candidate 236
Transmitting matter on files and records of Department 237
Transmitting precept 236
Majority and minority opinion 232
Medical history, entries in, to be investigated 233
Member —
Every, must sign each record, and what record to show 231
Oath to be administered to 230
Objected to, procedure 229, 230
Misconduct or drunkenness, discharge by reason of, procedure 233
Moral disqualification, prima facie evidence of, procedure 233
Oath, form of, administered to —
Member 230
Recorder 230
Witness 232
Ofllcer—
Any, may be called before, to give evidence 232
Junior to candidate, not questioned as to matter of opinion 232
To be examined, not ordered to appear before, procedure 234, 235
Organization of 220. 230
Pay Corps, candidate for admission to —
Physical examination of, how and by whom conducted — 234
Precept for, form of 236
Physical examination of candidate for appointment —
How and by whom conducted 234
When made 229
Powers of 230
Precept —
Form of —
Examination abroad 235
In case of candidate for admission 235,236
In case of candidate for promotion 235
Read 229
Prima facie evidence of moral disqualification, procedure 233
Record —
All members and recorder must sign each, and must show what- 231
Certified copies of papers to be attached to 229
How dated 229
Record of service, form of 237
Recorder —
Must sign each record . 231
Oath to be administered to 230
Sworn : 230
Reports of fitness, how appended to record 231
Right of candidate to be present 231
Statement of candidate and testimony of witness to be entered in
record 231
INDEX. 349
Examining Board, Naval — Continued. Page.
Sworn statement made by candidate 233
Testimony, how recorded 233
Testimony of witness and statement of candidate to be entered on
record 231
Unfavorable evidence, procedure in case of 231-233
Witness —
Oath to be administered to 232
Sworn 233
Written examination 230
Written interrogatories, procedure in case of request to have wit-
nesses examined upon 232
Executing, attempting, or countenancing any fraud against the United
States, limit of punishment 317
Failing to use utmost exertions to detect, etc., all offenders, etc., limit
of punishment 31G
Failure to obey :
Form of specification for 169
Punishment, schedule 185
I'alsehood :
Form of specification for 105, 1G9
Limit of punishment 314
Punishment, schedule. 185
False swearing or perjury, limit of punishment 318
Forgery :
Form of specification for 107
Limit of punishment 317
Fraud :
Form of specification for. 107
Limit of punishment 314,316,317
Fraudulent enlistment:
Form of specification for 107
Limit of punishment 319
Gambling :
Limit of punishment 314
Punishment, schedule 185
General Court-martial. (See Court-martial, General.)
Habeas corpus, return to writ of:
Brief to be filed with 77-79
By state court 76
By United States court 75,76
Improperly hazarding the vessel under his command, etc., form of speci-
fication for 109
Incidents of trial :
General court-martial 13
Summary court-martial 151
Incompetency, form of specification for 170
Inquest, Board of:
Approval, form of 224
Composition of 223
Cover page, form of 221
Opinion —
Form of 224
Of surgeon 224
350 INDEX.
Inquest, Board of — Continued. Page.
Order convening, form of 223
Record, how forwarded 224
Revision, record may be returned for 224
Witness-
Called and examined 223
Summoned 223
Inquiry, Court of. {See Court of Inquiry.)
Inquiry, Court of. (Loss or grounding of a vessel.) See Court of
Inquiry, Loss, etc.
Instructions and regulations for drawing up charges and specifications.. 81-85
Instructions relative to limitations of punishment ,- 319
Instructions relative to payment of fees and mileage to civilian
witnesses 70-72
Intentionally suffering a vessel of the navy to be run upon a rock, etc.,
limit of punishment 313
Interfering with or resisting sentinel in lawful execution of his duty,
limit of punishment 318
Interrogatories and depositions, forms of 66,67
Investigation :
Counsel introduced 211
Cover page, form of 209
Finding 212
Investigating officer —
Letter to, form of 212
Who may act as 211
Naval officer not authorized to conduct 211
Oath to be administered to witness 211
Order directing, read 211
Right of parties 211
Stenographer introduced and sworn 211
Witness introduced and sworn 211
Investigation, Board of:
Action of convening authority 218
Composition of 217
Cover page, form of 215
Defendants called and informed of reports against them 217
Finding 217, 218
Oaths, no authority to administer 217
Opinion, how given and recorded 217,218
Order convening —
Form of - 218
Read 217
Witness called and examined 217
Irreverent or unbecoming behavior during divine service, limit of
punishment 313
Joinder :
Finding and sentence or acquittal in case of, how recorded 41
Procedure in case of trial in 24
Joining in any combination to weaken lawful authority of commanding
officer, limit of punishment 314
INDEX. 351
Page.
Knowing of any mutinous assembly, or intended mutiny, etc., limit of
punisliment 313
Knowingly and wilfully misappropriating and applying to own use
government property, etc., limit of punishment 317
Knowingly delivering or causing to be delivered money, etc., limit of
punishment 317
Knowingly enlisting into the naval service a deserter, etc., limit of
punishment 317
Knowingly making, etc., a paper certifying the receipt of money or
other property of the United States without full knowledge, etc.;
limit of punishment 317
Knowingly making, signing, etc., or procuring the making, etc., of a
false muster ; limit of punishment 315
Knowingly purchasing or receiving in pledge, etc., government prop-
erty; limit of punishment 317
Larceny, limit of punishment 315
Leaving post before being regularly relieved:
Form of specification for 110,170
Limit of punishment 313
Punishment, schedule 185
Leaving station before being regularly relieved :
Form of specification for 110
Limit of punishment 313
Lewd or indecent behavior, limit of punishment 317
Limitation to the punishment of officers and enlisted men in time of
peace 311-319
Liquor in possession :
Form of specification for 170
Punishment, schedule 185
Liquor, smuggling; form of specification for 170
Liquor, smuggling or attempting to smuggle ; punishment, schedule 185
Liquor unlawfully in possession upon returning to ship or garrison
(aggravated case), limit of punishment 319
Making a false and fraudulent official report:
Form of specification for 110
Limit of punishment 316
Making and using false papers:
Form of specification for 111
Limit of punishment 316
Making or attempting to make, or uniting with, any meeting or mu-
tinous assembly ; limit of punishment 313
Making or procuring or advising the making of an oath ; knowing it to
be false, to obtain payment of claim against the United States;
limit of punishment 316
Malicious or wilful destruction of public property; limit of punish-
ment - 318
Maliciously injuring any vessel of the navy, etc., whereby the safety
of the vessel is hazarded, etc.; limit of punishment 314
Malingering, limit of pnishment 318
Maltreating a person subject to his orders :
Form of specification for 112
Limit of punishment 314
352 INDEX.
Page.
Manslaughter, limit of punishment 315,317
Marine Examining Board. {Sec Examining Board, Marine.)
Marine Retiring Board. (See Retiring Board, Marine.)
Master-at-arms refusing to receive prisoners or permitting them to
escape, limit of punishment : 316
Mayhem :
Form of specification for 112
Limit of punishment . 318
Medical Examiners, Board of. (See Examiners, Medical, Board of.)
Murder, limit of punishment 314
Mutiny :
Being witness to, or present at, and not doing utmost to suppress ;
limit of punishment 313
Having knowledge of, and not communicating to superiors or com-
manding officer; limit of punishment 313
Making or attempting to make, or uniting with; limit of punish-
ment 313
Naval Retiring Board. (See Retiring Board, Naval.)
Naval Examining Board. (See Examining Board, Naval.)
Neglect of duty :
Form of specification for 112-114,170
Limit of punishment 318
Punishment, schedule 185
Neglecting to discharge pecuniary obligations (aggravated case) ; limit
of punishment 318
Negligence in obeying orders:
Form of specification for 114
Limit of punishment 314
Negligent and careless in obeying orders, and culpably inefficient in the
performance of duty; form of specification for 114
Nolle prosequi :
As to charges and specifications 33
Form of letter to judge-advocate authorizing him to enter 58
Not using his best exertions to prevent the unlawful destruction of pub-
lic property; limit of punishment 315
Oaths :
To be administered to —
Clerk-
Court of inquiry 193
General courts-marshal 20
Interpreter —
Court of inquiry 193
General courts-martial 20
Judge-advocate —
Court of inquiry 192
General court-martial 20
Members —
Board of selection for retirement 261
Court of inquiry 192
Examining board, naval 230
General courts-martial 20
Summary court-martial 157
INDEX. 853
Uatbs — Continued.
To be administered to — Continued.
Recorder — . Page.
Examining board, naval 230
Summary court-martial 157
Reporter, general courts-martial 20
Stenographer —
Court of inquiry 193
General courts-martial 20
Witness —
Court of inquiry 193
Examining board, naval 232
Investigation 211
General court-martial 25
On voir dire 24,31
When practicable, to be taken before an officer 63
Who may administer 63
Obscene and abusive language, using on shore toward an inhabitant;
limit of punishment 315
Officer :
Form of letter to commandant of navy-yard, inclosing charges and
specifications against 56
Form of order placing, under arrest 57
On leave or waiting orders, summoned as wellness, procedure in
case of 27, 61
Oppression of any person subject to his orders :
Form of specification for 112
Limit of punishment 314
Order, form of —
Convening summary court-martial , 155
Convening board of investigation 218
Dissolving court 75
Placing officer under arrest 57
To president, members, and judge-advocate, general court-martial 59,60
Perjury :
Form of specification for 114
Limit of punishment 318
Persistent delinquency in the rendition of accounts ; form of specifica-
tion for 115
Pleas :
Bar of trial 22,23
Guilty 22-24,158
Joinder 24
Valid 24
Presenting a false or fraudulent claim ; limit of punishment 316
Previous conviction during current enlistment ; punishment, schedule 185
Procuring or advising the making of a false or fraudulent official re-
port; limit of punishment 316
Procuring stores, etc., and disposing thereof for his own benefit; limit
of punishment 316
Procuring the making of an oath, knowing it to be false, to obtain pay-
ment of claim against the United States; limit of punishment ^; 316
8483—10 23
354 INDEX.
Page.
Profane swearing; limit of pimisliment _ 814
Punishments :
Authorized by summary court-martial 162
Courts-martial must not adjudge nominal 42
Limitation of, in time of peace ,__ Hll-819
Schedule oi, summary and deck courts 185
Quarreling with any person in the navy, limit of punishment 814
Rape, limit of punishment 315,817
Rape, assault with intent to commit:
Form of specification for 91
, Limit of punishment 317
Receiving or entertaining a deserter, knowing him. to be such; limit
of punishment 816
Receiving on board vessel to which attached any goods for freight,
. sale, etc.; limit of punishment 815
Records, notes concerning manner of making up 9, 10
Refusing obedience to a lawful order or regulation issued by the Secre-
tary of the Navy; limit of punishment 316
Refusing obedience to the lawful orders of sentinel ; limit of punishment- 318
Refusing or failing to use his utmost exertions to detect, etc., all
offenders, etc.; limit of punishment 316
Refusing to give testimony before a court-martial ; limit of punishment- 318
Refusing to halt when challenged by noncommissioned officer of guard
or sentinel; limit of punishment 319
Refusing to obey, or wilfully disobeying, lawful order of petty or non-
commissioned officer; limit of punishment 319
Refusing to obey the lawful order of his superior officer :
Form of specification for 115
Limit of punishment 314
Regulations and instructions for drawing up charges and specifications- S1-S5
Rendering false and fraudulent returns of balances to his credit; form
of specification for 116
Resisting arrest:
Form of specification for 116,171
Limit of punishment 318
Punishment, schedule 185
Resisting sentinel, limit of punishment 318
Retirement, Board of selection for:
Adjournment, how recorded 262
Cover page, form of 259
Letter, form of —
From Bureau of Navigation, relative to navy list 263
Informing board as to number of officers to be selected for re-
tirement 263,264
• Members sworn 261
Method of making selection 261, 262
Oath, form of, administered to members 261
Organization of _ 261
Precept —
Form of 262
Read 261
INDEX. 355
Retiring Board, Marine: Page.
Adjournment, how recorded 285
Candidate —
Given opportunity to rebut medical members' report 286,287
Reports 285
Cliallenge, procedure in case of 285
Composition of 288
Cover page, form of 283
Examination of —
Medical members 286
Witnesses 286
Facts to be inquired into, and powers of board i 285
Finding of 287
Letter, form of, to —
Candidate 288
Medical members 289
Members sworn 285
Medical members —
Form of report of 289,290
Ordered to examine candidate 285
Report of, read - 286
Medical record, form of 289,290
Oatbs, liow administered and forms of 285
Officer-
Desires retirement, procedure in case of 286
Does not desire retirement, procedure in case of _ 286
Organization of 285
Physical condition, papers bearing on, read 285
Precept —
Form of 288
Read 285
Recess, how recorded 285
Record of service, form of 288
Recorder sworn 285
Report of medical members —
Form of 289, 290
Read — 286
Retirement, manner of 288
Witness sworn 286
Written statement introduced 286
Retiring Board, Naval :
Adjournment, how recorded 251
Authority of 251
Completion of case before discharge-- 252
Composition of 254
Counsel introduced •- 253
Cover page, form of 247
Examination of witness 252
Finding 252, 253
Incapacity, cause of, must be reported 252
Letter, form of —
From medical members to president of board 255,256
To medical members, directing physical examination 255
To officer 254
356 INDEX.
lietiriug Board, Naval — Coutiuued. Page.
Medical members directed to examine otticer and submit report — 251
Medical record, form of 254
Minority report • 253
Officer-
Desiring to question medical members, procedure 252
Reports 251
Under examination not to be discharged till case completed— 252
Organization of 251
Papers, what, to be read, and how appended _ 251
Precept —
Form of 253
Head 251
Recess, how recorded 251
Record laid before President 253
Record of service, form of 254
Recorder and members sworn — ^ 251
Right of officer to be heard 252
Statement of officer, how marked 253
Testimony, how recorded 253
Returning from liberty unfit for proper performance of duty, punish-
ment, schedule 185
Revision, General Court-martial. (See Court-martial, General, Re-
vision.)
Revision, Summary Court-martial. (See Court-martial, Sunmiary, Re-
vision.)
Robbery :
Form of specification for '. 110,117
Limit of punishment . 315.317
Scandalous conduct tending to the destruction of good morals :
Form of specification for 117-123
Limit of punishment 314
Schedule of punishments, summary and deck courts 185
Selection for Retirement, Board of. (See Retirement, Board of Selec-
tion for.)
Selling arms, clothes, etc., limit of punishment 318
Selling property of the United States intended for the naval service
thereof; form of specification for 123
Sending or accepting a challenge to fight a duel, etc.; limit of
punishment '^^"^
Sitting down on post*:
Form of specification for 171
Punishment, schedule 185
Sleeping on post:
Form of specification for : 123,171
Limit of punishment ^ 313
Punishment, schedule 185
Sleeping on watch :
Form of specification for 123,171
Limit of punishment 313
Punishment, schedule 1'^^*
Smuggling liquor (aggravated case),, limit of punishment 318
Smuggling liquor into vessel or navy-yard, limit of punishment 319
INDEX. 357
Sodomy: Page.
Form of specification for 123
Limit of punishment 317
Specifications, specimen forms of:
Decli court , 179
General court-martial 87-131
Summary court-martial 166-172
Specifications and charges, regulations and instructions for drawing up_ 81-85
Stealing and opening valuable letter, form of specification for 124
Stealing government property; limit of punishment 317
Striking another person in the navy, form of specification for 124
Striliing his superior oflicer while in the execution of the duties of his
oflice; limit of punishment 313
Striking or assaulting a sentinel; limit of punishment 318
Subpoena :
Form of, for civilian witness 61
For taking deposition of witness 63
Return of service of 64
Subpoena duces tecum :
Civilian witness , 62
Naval witness 62
Summary and deck courts, schedule of punishments for 185
Summary court-martial. (See Court-martial, summary.)
Summons, naval witness, form of 61
Taking, receiving, etc., on board a vessel goods, etc., for freight or
traffic, etc.; limit of punishment 315
Theft :
Form of specification for , 124,171
Limit of punishment 314
Threatening to assault his superior officer while in the execution of the
duties of his office; form of specification for 127
Through inattention and negligence suffering a vessel of the Navy to be
hazarded; form of specification for 125
Through inattention and negligence suffering a vessel of the Navy to
to be stranded, etc. ; limit of punishment _ 315
Through negligence, suffering a vessel of the Navy to be run upon a
reef and stranded ; form of specification for 126
Through negligence, suffering a vessel of the Navy to be stranded ;
form of specification for 126
Through negligence, suffering a vessel to be run ur)on a rock and haz-
arded; form of specification for 125
Traveling expenses, civilian witness in government employ ; reimburse-
ment 69, 70
Treating his superior officer with contempt, form of specification for__ 126
Treating his superior officer with contempt while in the execution of
his office, form of specification for 127
Treating with contempt his superior officer and being disrespectful to
him in language and deportment while in the execution of his office :
Form of specification for 127,128
Limit of punishment 314
Unlawfully having in possession property of another ; form of specifica-
tion for 171
358 INDEX.
Page.
Unlawfully setting on fire or destroying public property ; limit of pun-
ishment 313
Using abusive and profane language toward his superior officer while in
the execution of his office; form of specification for 12S
Using abusive and threatening language toward another person in the
service; form of specification for 128
Using abusive and threatening language toward his superior officer;
form of specification for 129
Using abusive, obscene, and profane language toward another person
in the service; form of specification for 12(S
T'sing abusive, obscene, and threatening language toward his superior
officer; form of specification for 128
Using abusive, profane, and threatening language toward his superior
officer; form of specification for 128
Using obscene and threatening language to another ; form of specifica-
tion for 1 171
Using obscene and threatening language toward another person in the
service; form of specification for 129
Using profane, abusive, and threatening language toward his superior
officer ; limit of punishment ^^ 318
IT sing profane, obscene, and abusive language to another person in the
service; limit of punishment 319
Using threatening, abusive, and obscene language ; form of specification
for 172
Using threatening, abusive, and obscene language; punishment, sched-
ule 185
Using threatening language toward another person in the Navy ; form
of specification for 129
Uttering seditious or mutinous words; limit of punishment 314
violation of a lawful general order issued by the Secretary of the
Navy ; form of specification for 129
A'iolation of a lawful regulation issued by the Secretary of the Navy :
Form of specification for 129,130
Limit of punishment 316
Voir dire, witness examined on 24,31
Warrant of attachment, form of 65
Wasting ammunition, provisions, or other public property; limit of
punishment 315
When attached to a vessel appointed as convoy, etc., fails diligently to
perform his duty; limit of punishment 315
Wilful destruction of public property :
Form of siiecification for 131,172
Limit of punishment 315,318
Wilfully disobeying lawful order of petty or noncommissioned officer;
limit of punishment 319
Wilfully injuring any vessel of the Navy, etc., whereby the safety of
the vessel is hazarded; limit of punishment 314
Wilfully suffering a vessel of the Navy to be run upon a rock or shoal,
or to be improperly hazarded; limit of punishment 313
Witness, Civilian :
Account of, not in government employ 67,68
Certificate to district attorney in case of contumacious 73,74
Deck courts are empowered to compel attendance 180
INDEX.
359
Witness, Civilian — Continued. Page.
Instructions relative to payment of fees and mileage to 71,72
Subpoena for, form of 61
Subpoena duces tecum, form of 62
Voucher for reimbursement of traveling expenses, Yi^itness in gov-
ernment employ 69, 70
Witness, Naval:
Summons for, form of 61
Subpoena duces tecum, form of 62
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