A FAIR TRIBUNAL

Evening Post, Volume CV, Issue 126, 30 May 1928, Page 4

A FAIR TRIBUNAL

NAVAL COURT-MARTIAL "Discipline must be preserved," said Lord St. Vincent when, after ten mutineers had been condemned to death by a naval court-martial, be ordered the sentence to be carried out immediately, and, to the amazement of the ileet, they were accordingly hanged at the yardarm on Christmas Bay. KorUmately, writes Vice-Admiral S. H. fiadclifie, C.M.G., in an English paper, sentences of such severity are umiecesury in these times, but the court-martial still exists in its old form, and the procedure has not materially altered. Arrayed in what is known officially as •No. 3 dress—frock, cocked hat, epaulettes, and gold-laced sword belt—the members of the Court are invested with a dignity suitable to the occasion. ■ . As each in turn arrives on board the ship in which the Court is held a sergeants' guard or marines receives him by presenting ax-ms, while the President, who arrives last, is met at the gangway by, all the other members and ascends the accommodation ladderi to the shrill salute of the boatswain's mate's pipe. With due solemnity, standing round the table, each member of the Court takes the oath of service, to "administer justice without fear, favour, or affection," and from then until, with heads covered, they listen in silence to their finding and the sentence, which is read out by the Judge Advocate, the proceedings are marked by a dignity and decorum equalled by few tribunals. The Judge Advocate is an officer of the paymaster branch "learned in flic law," and acts as a sort of clerk of the Court. Th.c accused is represented by what is technically known as a "friend," usually an officer who undertakes the defence. But he may, if he wishes, employ a lawyer, who, of course, is bound by the ordinary court-martial procedure. With drawn sword the chief of the naval police stands beside the accused during the trial, and, if he is an officer, the accused's own sword lies on the table during the proceedings. When the finding and sentence have been settled this sword is so arranged that if the verdict be "guilty" the point is towards him as lie re-enters the Court; if "not guilty," the hilt is nearest. _ _.. Even in these austere surroundings unconscious humour, will occasionally appear. There was an instance when an officer was being tried for intoxication. The defence put up was that the accused, instead of being drunk, was in a state of considerable excitement, to which, it was contended, he was liable. One of his witnesses was an Irsh surgeon-lieutenant. "Have you ever on other occasions seen the accused excited?" was the question put to the doctor. "Yes," replied he eagerly, thinking he would clinch the matter for his friend, "frequently, even when sober." Unlike a court of inquiry, a court-mar-tial is open to the public, and the Press is admitted. The President of the Court has the power to clear the court-martial room if there is any point that the members wish to deliberate in private, such as admissibility of evidence. But directly that point is settled the Court is open again. When the prosecution and defence are finished and the records of the ac*ised's former service read, £he Court discusses the finding and sentence'in private, and the decision they each come to is announc: ed by the junior officer first so as to avoid any suspicion of influence from a senior officer. On the whole, there are few fairer tribunals than a naval court-martial.