A NAVAL COURT-MARTIAL.

Hokitika Guardian, 21 September 1917, Page 4

A NAVAL COURT-MARTIAL.

ALL ABOUT IT. Although the rule is not strictly adhered to in war time, King’s ’ Regulations lay down that naval courts-martial should ho. hold aboard a ship of war. Usually the flagship is the one chosen. Bui whatever he the vessel selected, she always announces, by firing a gun at 8 n.m.. and hoisting the Union Jack at the peak, the day on which a court-martial is to assemble aboard her. The court must open at 10 a.m. and officers composing it wear full dress. Should tlio prisoner lie a captain, custom decrees that every captain senior to him who happens to lie in the port must “ sit ” for trial. Similarly, admirals would be fried by admirals ; hut for eases from the lower deck the court will he composed of • live captains, or commanders sitting as captains. These group themselves around a long table in f lie cabin which serves as court, room, the senior among them taking the head of it as president. Close by his right lmnd, hut a little behind him, sits the prosecutor, who is generally a captain. The Deputy Judge-Advocate (an accountant officer) places himself at the foot of the table, with the official shorthand writer on his right.

“ All present ? ” queries the Deputy Judge-Advocate, glancing round the room as he rises to call the roll of the court, to read the Commander-in-chief’s authority for holding it, and perform the other preliminaries necessary formally to constitute the tribunal. These being got through. “ Swear the court,” says the President in the short, precise Navy way, whereupon the members rise, put on their cocked hats, and take the oath one after the other. “ Court’s open; bring in the prisoner,” orders the president. The j ■officer of the court, usually a lieutenant) “ passes the word ” outside, and

all who have business [there troop into the cabin. The prisoner is brought in through a separate door by the Provost-Marshal, who places him on the Deputy Judge-Advocate's le fit and then “ 'falls in ” alongside him with drawn sword. There exists nothing in the nature of a dock : the prisoner simply stands bareheaded and listens to what is being said about himself. If lie so wishes he may have the assistance of a “ friend,’ who may be either a solicitor or an officer “told off” for the purpose. Lawyers as lawyers are not recognised by naval courts, though they can appear I here to “assist” men brought i up for trial. Should the prisoner be an officer, bo will be in charge oT an olliccr and when arrested must surrender bis sword, which is handed to the President of the court, who lays it on the table in front of himself. The business goes along with brisk, terse movement ; neither time nor words are wasted. Occasionally a point needing consultation arises. Promptly the President raps out “ Clear the court.” and out everybody except the members of it lias to go. This kind of thing may happen a good many times during the bearing. * * * * When the case for the prosecution has finished, , the prisoner, if lie so wishes, will bo allowed to retire with his “friend” and prepare a written defence. This is subsequently read out to the court.before witnesses lor the defence are called. Again the court is cleared while the members consider their verdict. In arriving at this the youngest, member gives his opinion first. Once the finding has been settled the President again declares the court, open, and back go the crowd—witnesses, too, this time. In the case of an officer everyone knows upon entering the court how the verdict has gone. It he lias been “ found guilty ” the sword will lie on the table' with the point towards the prisoner, iC he has “ got off ” the weapon will be laid the reverse way, so that the President can hand back the sword to the prisoner in formal sign of acquittal. Should the finding be against the prisoner his certificates will now be read “in mitigation of sentence.” Once again the court is cleared in order that the sentence may be debated., This important master decided. the court reopens, but with a different, atmosphere. Now all the members of if are sitting erect and stern, with their cocked hats on. and thus they remain while the Deputy Judge-Advocate reads out their lint. Then the tension easts. “ Remove the prisoner ; haul down the jack ; the court is dissolved,” announces the President.