Naval Court-Martial.

Levin Daily Chronicle, 29 September 1917, Page 1

Naval Court-Martial.

Although the rule is not strictly adhered to -in. war,, time, King's <Begulations lay down that naval courts-mar-tial should be held aboard a ship.iof war. ' "

Usually the flagship is the one chosen. But whatever be the vessel selected, she always announces, by firing. a gun at 8 a.m. and hoisting the Union Jack at the peak, the day on which a courtmartial is to assemble- aboard her. The Court must bo open at 10 a.m., and officers composing it wear full dress.

Should the prisoner be a captain, custom decrees that every captain senior to him who happens to bo in the port must "sit" for trial. Similarly, admirals would be tried by admirals; but for cases .from the lower deck the court will bo composed of five captains, or commanders sitting as captains. These group themselves around a long table in the cabin which serves as court room, the senior among them taking the head of it as president. Close by his right hand, but 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 ho 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 tho court" says the president in the short, precise Navy way, whereupon the members rise, put 011 their cocked hats, and take the oath ono after tho, other.

"Court's open; bring in the prisoner, '' orders the president. The 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 lay the Provost-Mar-shall, who places him on the Deputy Judge-Advocate's left and then "falls in" alongside him with drawn sword. There exists nothing in the nature of a dock; tho prisoner simply stands bareheaded and listens to what is being said about himself. If he 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 there to "assist" men brought up for trial. Should the prisoner be an officer, he will be in chargc of an officer, and when arrested must surrender his 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, tcr.sc movement; neither time nor words arc wasted. Occasionally a point needing consultation arises. . Promptly the president raps out: "Clear the court," and out everybody except the members of it has to go. This kind of thing may happen a good many times during the hearing.

When the case for the prosecution has finished, tho prisoner, if he so wishes, will be allowed to retire with his "friend" and prepare a written defence. This is subsequently read out to the court before witnesses for the defence are called.

Again the court is clearcd while the members consider their verdict. In joquioui ;so3unoX o\[} sitjj Sutau.iv, 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 verdic.t has gone. If he has been "found guilty,, the sword will lie 011 the table with the point towards the prisoner. If he has "got off" the weapon will bo laid the reverse way, so that the president can hand "back" the sword to the prisoner in formal sign of acquittal.

B'iould 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 matter decided, the court reopens, but with a different atmosphere. Now all the members are sitting erect and stern, with their cocked hats on, and thus they remain while the Deputy Judge-Advocate reads out their fiat. Then tho tension eases. "Remove the prisoner; haul down the jack; tho court is dissolved," announces tho president.

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