COURT-MARTIALLED

Dominion, Volume 10, Issue 3027, 14 March 1917, Page 8

COURT-MARTIALLED

HOW THE LAW OF THE ARMY IS *

ADMINISTERED

PROCEDURE DESCRIBED

A military court-martial combines th* iunctions of a police court and an assize court, but it differs as widely as tiwotnbunals can differ from either of these. Its members aro laymen— not lawyers; it sits in secret and dot* not always admit representatives of the Press. Ib has enormous powers, for it can inflict the death sentence and longterms of imprisonment. Yet for all that_ I would (says a writer in the "Daily Mail") as soon bo tried, if over that misfortune should be mine, by a court-martini as by a judge and jury. No fairer system of justice ear. well exist. The "crimes" for which you may he haled before one of them are "crimes" that the civil law does not, generally speaking, recognise as crimes, but they may be very serious matters all the same in an army. In the case of noncommissioned officers and men desertion is perhaps the most grave of all crimes in war time. The penalty for it is the death sentence, but it is not always carried into execution, thought it has been. On active service, being absent; from one's regiment -without lawful cause when it goes into action is regarded as desertion.

Next to this "crime" comes striking a superior officer—always regarded in every army as a very grave offence — and refusing to obey a lawful command. The former usually means a. long term of imprisonment; the latter a- short one. In the cape of officers quite a different class of offenco may lead to a court-martial. An error of: judgment in the field may do so, or being drunk in public, or- .showing cowardice in the face of the enemy, or behaving in some way unworthy of an, officer. The last covers a great deal of. ground.

I There are three different kinds of courts-martial .There is tho regimental} which deale with trivial offences of privates, for which not more than fortytwo days' , imprisonment can bo inflicted. There is the district court-martial —tho most frequent of all—for offences ! for which two months' to two years' j imprisonment is tho penalty. A. district I court-niari/iai consists of three members, one of whom must be of field rank —i.e., u major or above it. Lastly, there is ths general court-martial, tho most ijr.poitait of all. It consists of nine niwi'h«rs, all of whom must? havo at least two years' service and five of whom must bo above the rank of a captain. Tho general court-martial alone- can inflict the death penalty (for which a two-thirds majority is essential), nnd it, as a rule, is the only one to try an officer. The procedure of a court-martial i? simple, if laborious. It sits without; any pomp or ceremony in any room ib can get in thc-so days. Its members wear ordinary service- khaki. There 'are no fixed bayonets <;r beating drums. 'Che accused stands facing tho court, -bare-headed, under a guard of a corpond and a private; sn officer, if under closo arrest, is guarded by another olficer. The members of the courts and tho witnesses wear their caps and should be in their parade dress (i.e., not wearing "slicks." though I Lavi? seen this <!oi:u and go unreproveil.) Tho accused, who has been given due notice of tho trial, is allowed to gather evidence, consult a solicitor, summon witnesses, and, :f he pleases, may employ counsel. If ci/cnsol appear they aro under the same jurisdiction as in. a, civil court.

I The. accused lias two other privileges. He is not allowed to be tried by any officer of las own regiment or unit. The- court must be unbiased. Secondly, he can object to any member or members of the court, if lie desires, and the objection, if valid,.is upheld. Nothing of the prisoner's history, good or bad, is allowed to be made known to the court before the verdict. All witnesses are sworn on oath, and the same rules of evidence must be observed as in n civil court; "hearsay" is strictly tabooed. ' . When all the witnesses have been heard and questioned and cross-exam-ined by the prisoner or his counsel, tlia prisoner is taken out by escort while the court deliberates on its verdict. A somewhat peculiar procedure is now followed. The presidentrv-who has had the no light task of taking al , . the evidence down verbatim in longhand —either reads it aloud to the comb or gives a ( summary of it, carefully avoiding giving any inkling of his own. views. The members of the court then, give their verdict in turn, the most junior officer giving his first of all and. the president last. This, of course, is to prevent any 1 influence or bias from superior rank or age. The prisoner is now brought back, the verdict announced to him, and he is requested to make any statement he wishes. Soldiers, as a rule, prefer a written statement of their case. _ This is read aloud by the president, signed by him and the prisoner, and attached to the documents of the case. The prisoner is now finally removed, and tho court decides on the sentence in the same way as the verdict, the most junior officer giving his sentence first. But before passing sentence the prisoner's military and civil record is placed before the court. The sentence is not publicly announced to the prisoner; that is done privately. There is nothing corresponding to a. speech from a Judge, nor is there any judicial wit at courts-martial. It is all done soberly, seriously, earnestly, and with only one desire—namely, that justice may be done.