SOLEMN AFFAIR

Evening Post, Volume CXI, Issue 109, 11 May 1931, Page 9

SOLEMN AFFAIR

THE COURT-MARTIAL

BOUND BY STRICT RULES

HOW IT PROCEEDS

In the military services of the United States there are sevoral classes of courts-martial, including inferior courts for the trial of soldiers, sailors, or marines charged with trivial breaches of discipline, and the highest military tribunal, a general court-martial. All charges, with specifications, against a commissioned -officer, regardless of their importance, and all serious charges against an enlisted man or a warrant ofheer must be tried before a general court-martial, writes F. Minnegerode in the "New York Times." A court-martial for the trial of an officer is a solemn and picturesque gathering. It is composed of from five to thirteen officers, and it is customary tor all members sitting in judgment upon a brother officer to be his senior in rank. No enlisted man over sits upon a Court. . It is no easy matter to convene thirteen officers senior to a major-general, and that is the: chief reason why the Court ordered for the trial of .MajorGeneral Smedley D. Butler of the United States Marine Corps was to be composed of but six officers, or one more than the minimum requirements of the law. . COURT-MARTIAL POWERS. Although a court-martial follows fairly closely the .procedure of civil Courts, it is loss bound by technicalities, and largely determines its own rules of "evidence. Such rules as those regarding decorum, not requiring a witdoss to answer any question that tends to incriminate him, hearsay evidence, personal opinions, etc., are similar to those observed in civil Courts. But a court-martial has a wider range. It will brush aside technicalities and go to the root of the,matter with a directness scarcely permitted in a civil Court. There is an old saying in the service that, if a man is guilty, it is preferable for him to be tried before a civil Court; if innocent, before a court-martial. From the moment a general courtmartial is called to order by the president—the senior officer present—it is a ceremonious affair. The- officer's, with liheir side-arms, usually swords or sabres, take seats according to rank— the senior, or president, at the head of the table and the others seated to Ihe right and loft in turn, with the junior officer furthest away. The judge advocate, prosecuting lor -the Government, is usually/ au officer with some legal training, and in important eases an officer of the Judge Advocate General's Department is detailed. The accused may select a brother officer to conduct his case or he niay engage civilian ...counsel. ( PROCEDURE. The president will call the Court to order and the Judge Advocate will .mad the order convening it. The ae- ' cased may object to any member sitting, but the objection roust be sustained by the remainder of the Court and must be based upon sound reason. It is not easy to unseat a member of a court-martial, and there is little opportunity for any play upon technicalities. Oaths are administered to the Judge Advocate by the president, and the former then administers an oath to the members of the Court. When all the- evidence has been presented the accused has an opportunity to make a statement. But such a statement has not tlio same- valiio as sworn testimony. The Court takes it for what it is worth.. .; .' • ~ ' .. As to the findings, Micro is'quite a. difference between the conduct of courts-martial in the Army. and those in the Navy. In the former service, beginning with the junior member of the Court, the officers ' vole in turn, "guilty" or "not guilty." A major lity convicts and that becomes the decision of the whole Court. In the Navy, slips are passed to the president by each officer on the Court saying "proved" er "not proved," and the result is announced. As in the Army Court, a majority becomes the finding of ,the whole body. SENTENCES. Courts-martial have little discretion in awarding sentences. It is customary to award an adequate sentence —under many findings of "guilty" the punishment is compulsory—and the mitigation of such sentences rests with the reviewing authority. Since sentences may run—considering all the "Articles for the Government of the United States Navy'I —from a reprimand to, death, there is likely to be a wide divergence of opinion on the part of the Court members as,to what punishment should be given. Each member writes out what h« considers a proper punishment. The president reads the.lightest sentence and, beginning with the junior members, asks simply "yes" or "no." If those saying "yes" have a majority, that punishment becomes the sentence of the Court. If the vote is against the lightest sentence, the nest lightest is voted on, and so on until a majority as reoorded. la spite o£ the fact that eourtsmartial are presumed to leave the question of mitigation of sentences to tne convening authority, some atrange findings ana sentences are on record. A Court frequently finds about as follows: "Knd the facts as stated but no criminality attached thereto"or "lacking criminal intent," etc ' The Army, Navy, and Marine 1 Corps have Jiad many famous trials by courtmartial. There was the trial of Colonel William. Mitchell, who was coui-l-martialled for his criticisms of tho war and Navy Departments and sontonced to suspension without pay and . allowances for a period of five years. Although President Coolidge mitigated this sentence to the loss of half pay and no loss of allowances, the Colonel resigned his'commission and his resignation was accepted. Only a few years ago an unusual ease came- up in New York Harbour. President Borno of Haiti arrived opposite Governors Island and LieutColonel James T. Watson, in temporary command of Fort Jay, was fifteen min-utes-late in, firing the required salute of twenty-one- guns. Major-General Summerall ordered Colonel Watson to be tried by court-martial for his delinquency. One of the most famous oases in the annals of Marine Corps courtsmartial dragged out over a. period of ten years. In July, 1918, Captain Edmund G. Chamberlain, of tho Marine Corps, sent a thrill almost around the •world with the modest telling of his heroism in an air fight with numerous German aeroplanes while a visitor at the British front. Ho was recommended for all sorts of honours, including the Victoria Cross and the Medal of Honour. He said that he had brought down a number of German a. c, r °Planeß- Then > with Ms owu 'piano riddled with bullets, he made a forced landing in "No Man's Land," captured a German prisoner for good measure, and brought in a wounded French soldier. Nine months elapsed before the British authorities asserted t«hat the story was a fabrication. Captain Chamberlain was tried by courtmartial overseas and discharged from the service. He. sought to have the decision set aside, but the Navy Department uphold the findings and sentence of tho Court So did the President and tho Secretary of the Naw. So did the special investigating committee ol! the Senate. Not long ago the Supreme Court refused'to review the case.