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 GIFT OF 
 
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 NAVAL COURTS 
 
 AND 
 
 BOARDS 
 
 WASHINGTON 
 
 GOVERNMENT PRINTING OFFICE 
 1917 
 
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 8THUOO, 
 
 ADDITIONAL COPIES 
 
 OK THIS PUBLICATION MAY BE PROCUBED FROM 
 
 THE SUPERINTENDENT OP DOCUMENTS 
 
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NAVY DEPARTMENT, 
 
 Washington, August 18, 1917. 
 
 ' Naval Courts and Boards " is approved and published for the 
 guidance of the naval service. It supersedes "Forms of Procedure 
 for Courts and Boards in the Navy and Marine Corps, 1910," and 
 the regulations and instructions applying exclusively to naval courts 
 and boards heretofore contained in the Navy Regulations. 
 
 JOSEPHUS DANIELS, 
 Secretary of the Navy. 
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PART I. 
 
 INSTRUCTIONS FOR COURTS 
 AND BOARDS IN THE NAVY. 
 
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I. 
 
 THE AUTHORITY AND THE SOURCES 
 OF NAVAL LAW. 
 
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 THE AUTHORITY AND THE SOURCES OF NAVAL LAW. 
 
 1. Military jurisdiction, forms of, A concurring opinion in a cele- 
 brated case decided by the Supreme Court (Ex parte Milligan, 4 
 Wall., 2) recognized under the Constitution of the United States 
 three distinct forms of military jurisdiction namely, the jurisdic- 
 tion coming under: 
 
 (1) Military law, which was held to be that which is found in acts 
 of Congress prescribing rules and articles of war, or otherwise pro- 
 viding for the government of the national forces. It is exercised 
 both in peace and war. 
 
 (2) Military government, which was described as the exercise of 
 military jurisdiction by a military commander, under the direction 
 of the President, with the express or implied sanction of Congress, 
 superseding, as far as may be deemed expedient, the local law. This 
 form of military jurisdiction ordinarily exists only in time of war, 
 and is exercised only without the boundaries of the United States 
 or within States or districts occupied by rebels treated as belligerents. 
 
 (3) Martial law, which was distinguished as that branch which is 
 called into action by Congress, or temporarily by the President when 
 the action of Congress can not be invited, in the case of justifying 
 or excusing peril, in time of insurrection or invasion, or of civil or 
 foreign war, within districts or localities whose ordinary law no 
 longer adequately secures public safety and private rights. 
 
 2, Military law. With the exception of Chapter II (which has to 
 do with the second and third of the above-named forms of military 
 jurisdiction) the subject matter of "Naval Courts and Boards" 
 comes under the first form namely, military law. rfiro' 
 
 Military law may be defined as " the body of rules and ordinances 
 prescribed by competent authority for the government of the mili- 
 tary state considered as a distinct community." (20 A. & E. Ency. 
 Law, 618.) It is a fundamental branch of the national law, has 
 the same foundation; and its rules, its extent, and its limitations 
 are as well defined as any other branch of the law administered 
 by the Federal Government. While military law was in existence 
 long before the adoption of the Constitution of the United States, 
 yet as our law, both public and private, may be considered as dating 
 from the time of this instrument, it is customary to look to the Con- 
 stitution as the source of our military law. Among the powers of 
 Congress founded thereon are many provisions which may be re- 
 
6 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 garded as the source or sanction of our present military law. Of 
 these some of the broader are the provisions empowering Congress 
 " to raise and support armies " ; " to provide and maintain a Navy " ; 
 " to make rules for the government and regulation of the land and 
 naval forces"; and, perhaps the most important of all, the provision 
 of the fifth amendment. to the Constitution to the effect that " no per- 
 son shall be held to answer for a capital or otherwise infamous crime 
 unless on a presentment or indictment of a grand jury, except in cases 
 arising in the land or naval forces, or in the militia^ when in actual 
 service in time of war or public danger." 
 
 From the above it follows that " military law " is a broad term 
 and comprises the code of laws which govern the Army, Navy, 
 Marine Corps, Coast Guard, and any other organization under mili- 
 tary discipline and forming a part of the military establishment of 
 the United States. The fact that these organizations are each gov- 
 erned by a 'somewhat different code, and that the jurisdiction each 
 exerts does not, in general, extend beyond its own organization, in 
 no sense affects the fact that all are equally governed and adminis- 
 tered under military law. Military law thus governs the Navy 
 as well as the Army, but while the government of the latter is based 
 upon the Articles of War, that of the former is based upon the 
 Articles for the Government of the Navy. 
 
 3. Naval law. The term " naval law " is used as a matter of con- 
 venience to refer to and distinguish the naval code^ courts, and 
 laws from the broad term " military law." It is that branch of 
 military law which specifically governs the Navy as a separate 
 community; or, more precisely, it is the law governing the officers 
 and enlisted men of the naval forces as such. (But see sec. 25 in 
 connection with persons coming under naval jurisdiction.) Naval 
 law is active in time of peace as well as in time of war and is 
 largely, but not entirely, statutory in its character. 
 
 4. Court-martial. The court-martial is the principal tribunal by 
 means of which naval law is administered. It is a court convened 
 pursuant to naval law for the adjudication of offenses against the 
 naval code. Naval courts-martial are established by virtue of the 
 authority conferred by the Constitution on Congress to make rules 
 for the government and regulation of the naval forces. Under this 
 authority, taken in connection with that conferred in the fifth 
 amendment to the Constitution (see sec. 2), Congress may provide 
 for the trial and punishment by court-martial, without indictment 
 or the intervention of a jury, of all offenses committed by persons 
 in the naval forces of the United States. (As to the jurisdiction of 
 naval courts-martial see sec. 21.) 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 7 
 
 5, Sources of naval law. Very generally, there are two sources of 
 naval law : 
 
 (1) Written sources. 
 
 (2) Unwritten sources. 
 
 6. The written sources of naval law are : 
 
 (a) STATUTORY ENACTMENTS INCLUDING THE ARTICLES FOR THE GOV- 
 ERNMENT OF THE NAVY. 
 
 The principal body of naval law is contained in the statutes en- 
 acted by Congress relative to the government and regulation of the 
 naval forces. Of these the most important are to be found in the 
 body of statutory rules known as the Articles for the Government of 
 the Navy (sec. 1624 of the Revised Statutes). These articles, to- 
 gether with subsequent statutory enactments amending or affecting 
 them, are quoted in Chapter III. However, there are many im- 
 portant statutory provisions respecting the administration of the 
 Navy which are not embraced in these articles but are to be found 
 in the Revised Statutes and in the volumes of the Statutes at Large, 
 the former being a codification of the laws of the United States 
 which were in existence prior to December 1, 1873, and the latter 
 containing statutes subsequently enacted. The statutes relating to 
 the Navy are collected in a departmental publication entitled " Laws 
 Relating to the Navy, Annotated." 
 
 (l>] NAVY REGULATIONS, AND INSTRUCTIONS ISSUED BY THE SECRETARY 
 
 OF THE NAVY. 
 
 The Navy Regulations are next in point of authority to the formal 
 enactments of Congress. They comprise the administrative rules 
 relating to the Navy, and are authorized by section 1547 of the Re- 
 vised Statutes, which provides that "the orders, regulations, and 
 instructions issued by the Secretary of the Navy prior to July 14, 
 1862, w r ith such alterations as he may since have adopted, with the 
 approval of the President, shall be recognized as the regulations 
 of the Navy, subject to alterations adopted in the same manner." 
 In naval matters the President speaks and acts through the Secre- 
 tary of the Navy, and regulations issued by the latter are in legal 
 contemplation the regulations of the President. In some instances 
 the President expressly approves ; in others his approval is implied ; 
 but the legal effect is the same, all regulations promulgated by the 
 Secretary of the Navy being equally binding and having the full 
 force and effect of law whether or not expressly approved by the 
 President. 
 
 In addition to the Navy Regulations there are other regulations 
 or instructions issued by the Secretary of the Navy for the guidance 
 of persons in the Naval Establishment and which have full force 
 
8 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 and effect as regulations on all such persons. Among these are 
 General Orders, Uniform Regulations, Signal and Drill Books, 
 " Naval Courts and Boards," and other similar publications. 
 7. The unwritten sources of naval law are : 
 
 (a) THE DECISIONS OF COURTS. 
 
 The decisions of courts, although written, are usually classed as a 
 part of the unwritten law. " The decision of a court which estab- 
 lishes or declares a rule of law may be reduced to writing and pub- 
 lished in the reports ; but this report is not the law ; it is but evidence 
 of the law ; it is but a written account of one application of a legal 
 principle, which principle, in the theory of the common law, is still 
 unwritten." (Bouvier, 370.) This applies as well to the decisions 
 of executive authorities, opinions of law officers of the Government, 
 and court-martial orders. 
 
 The Constitution provides for a judicial branch of our Govern- 
 ment for the purpose of interpreting the laws. This function is 
 exercised by means of the Federal courts before which doubtful 
 questions of law arising under the Federal Government are brought 
 for decision. Of these the Supreme Court ranks first in point of 
 authority, but the decision of an inferior Federal court, while not 
 equal in weight to that of the Supreme Court, is none the less 
 authoritative in the absence of a reversal by a superior tribunal. 
 Accordingly, when a law relating to the Navy has been authorita- 
 tively interpreted by the proper courts, such interpretation becomes 
 in effect a part of the law as fully as though it had been specifically 
 written therein by Congress. Decisions of State courts also fre- 
 quently relate to the interpretation of laws affecting the Navy, but 
 such decisions are not controlling on the Federal Government, but 
 are merely instructive. 
 
 (6) THE DECISIONS OF THE PRESIDENT AND THE SECRETARY OF THE 
 NAVY AND THE OPINIONS OF THE ATTORNEY GENERAL AND THE JUDGE 
 ADVOCATE GENERAL OF THE NAVY. 
 
 Closely related to the decisions of courts in point of authority are 
 the decisions of the President and the Secretary of the Navy. Under 
 this classification fall also the opinions of the Attorney General, 
 the chief legal adviser of the executive branch of the Govern- 
 ment, and of the Judge Advocate General of the Navy. (For the 
 distinction between decisions and opinions see C. M. O. 37, 1916, 6.) 
 While the Navy Department is bound by interpretations placed on 
 statutes by the Federal courts, this limitation does not restrict the 
 department in making authoritative decisions on matters coming 
 within its jurisdiction and not governed by statute. To illustrate, 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 9 
 
 the decision of the Federal courts that the statutes, prior to the act 
 of August 29, 1916, 39 Stat., 651 (see p. 46), did not admit of 
 an interpretation permitting an enlisted man of the Marine Corps 
 to be tried by a naval general court-martial for an offense committed 
 while serving with the Army by order of the President, was binding 
 upon the Navy Department until nullified by the above enactment. 
 (See C. M. O. 31, 1915, 6-10.) On the other hand, no statute lays 
 down the rules of evidence to govern naval courts-martial, and the 
 decisions of the department on such a question are the highest au- 
 thority for a naval court-martial to follow. 
 
 (C) COURT-MARTIAL ORDERS. 
 
 The decisions of the department on questions of law and evidence 
 are promulgated to the service through the medium of court-martial 
 orders. The Navy Regulations provide that court-martial orders 
 " shall have full force and effect as regulations for the guidance of 
 all persons in the Naval Establishment," and officers of the naval 
 service are responsible for the observance of instructions contained 
 therein, just as they are for the observance of other lawful regula- 
 tions. It is to be noted in this connection that certain information 
 is promulgated in a " bulletin " contained in monthly court-martial 
 orders, which information is published as a matter of convenience 
 and is not intended " to have the full force and effect of regulations 
 as do remarks forming a part of court-martial orders proper." 
 
 (d) CUSTOMS AND USAGES OF THE SERVICE. 
 
 Circumstances from time to time arise for the government of 
 which there are no written rules to be found. In such cases customs 
 of the service govern. Customs of the service may be likened, in 
 their origin and development, to the portions of the common law of 
 England similarly established. But custom is not to be confused with 
 usage ; the former has the force of law ; the latter is merely a fact. 
 There may be usage without custom, but there can be no custom 
 unless accompanied by usage. Usage consists merely of the repeti- 
 tion of acts, while custom is created out of their repetition. 
 
 Custom. The following are the principal conditions to be ful- 
 filled in order to constitute a valid custom : 
 
 (1) It must be long continued. 
 
 (2) It must be certain and uniform. 
 
 (3) It must be compulsory. 
 
 (4) It must be consistent. 
 
 (5) It must be general. 
 
 (6) It must be known. 
 
 (7) It must not be in opposition to the terms and provisions of 
 
 a statute or lawful regulation or order. 
 
10 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 As usage constantly observed for a long period results iu the 
 establishment of a custom, so long continued nonusage will operate 
 to destroy a particular custom that is, to deprive it of its obligatory 
 character. 
 
 The field of operation of the unwritten naval law is extensive. 
 It is applied in defining certain offenses against naval law and in 
 determining whether certain acts or omissions are punishable as 
 such, as in cases coming under article 22 of the Articles for the 
 Government of the Navy. (See Ch. III.) At times, also, custom 
 is appealed to as a rule of interpretation of terms technical to the 
 naval service. 
 
 Usage. Mere practices or usages of service, although long con- 
 tinued, are not customs and have none of the obligatory force which 
 attaches to customary law. The fact that such usages exist, there- 
 fore, can never be pleaded in justification of conduct otherwise 
 criminal or reprehensible, nor relied upon as a complete defense in a 
 trial by court-martial. With the permission of the court, however, 
 they may be introduced in evidence, with a view to diminishing to 
 some extent the degree of criminality involved in the offense charged. 
 
 8. Digest of decisions affecting naval law. It naturally follows that 
 in the application of naval law there arise from time to time questions 
 which have to be decided by the Navy Department. The more im- 
 portant of such decisions are published in court-martial orders for 
 the information of the naval service. In connection with these 
 orders there is published annually an index-digest of the orders of 
 the year. Also, the Naval Digest, a departmental publication, con- 
 tains a digest of all court-martial orders (1879-1916) and of the 
 more important decisions and opinions affecting naval law. Thus 
 it is possible for officers called upon to apply naval law to readily 
 find the decisions of the department affecting the application of 
 this law. 
 
 i 
 
 
 
II. 
 
 MILITARY GOVERNMENT AND MARTIAL LAW. 
 
 26450 17 2 11 
 


 MILITARY GOVERNMENT AND MARTIAL LAW. 
 
 9. Introductory. While the two latter of the three forms of mili- 
 tary jurisdiction mentioned in section 1 namely, military govern- 
 ment and martial law belong to a wider field of jurisdiction than 
 that ordinarily exercised in naval administration, yet it not infre- 
 quently happens that the Naval Establishment is called upon to act 
 beyond its own particular sphere, which is governed by naval law, 
 and must thereby assume jurisdiction over this wider field, which is 
 based upon the laws of war. It is important, therefore, that the 
 naval service should be familiar with the principles of military 
 government and martial law. Unlike naval law, which is mostly 
 statutory, they are based upon an unwritten code known as the 
 " laws of war," and are not capable of exact definition. While these 
 forms of military control can not be here covered at length and 
 with completeness, yet, in the absence of any present naval publica- 
 tion on the subject, the following is given for the purpose of serving 
 as an outline of the underlying principles involved and as a guide 
 to assist officers in the naval service who may be called upon to apply 
 these forms of military control : 
 
 10. Distinction between military government and martial law. In 
 earlier times no distinction was draw r n between military government 
 and martial law, and even to-day it is not uncommon to find some 
 confusion in the indiscriminate use of these terms. However, since the 
 recognition of this distinction in the Supreme Court (see sec. 1), 
 practically all authorities distinguish the two terms. It is there- 
 fore necessary to an understanding of the subject to have this dis- 
 tinction clearly in mind. To this end the following is quoted from 
 AYinthrop, page 1245: "Military government, as the term is here 
 employed, is thus a government exercised over the belligerent or 
 other inhabitants of an enemy's country in war foreign or civil; 
 martial law over our own immediate fellow citizens, who, though 
 perhaps disaffected or in sympathy with the public enemy, are not 
 themselves belligerents or, legally, enemies. The occasion of military 
 government is war; the occasion of martial law r is simply public 
 exigency, which, though more commonly growing out of pending 
 war, may yet present itself in time of peace. The -field of military 
 government is enemy's country; the field of martial law our own 
 
 13 
 
14 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 country or such portion of it as is involved in the exigency. Military 
 government is further distinguished from martial law in that, unlike 
 the latter as commonly instituted, it calls for no formal proclamation 
 or declaration of its inauguration, but exists simply as a consequence 
 of the hostile occupation. A proclamation or public notice to the 
 inhabitants, informing them of the extent of the occupation arid of 
 the powers proposed to be exercised, is a customary measure, but one 
 not essential to the initiation of the status or jurisdiction." 
 
 11. Military government. As defined in Manual for Courts-Martial, 
 United States Army, page 1, military government is " military 
 power exercised by a belligerent, by virtue of his occupation of an 
 enemy's territory, over such territory and its inhabitants." This 
 applies not only to the occupied territory of a foreign enemy in war, 
 but likewise to the territory of the United States in cases of insur- 
 rection and rebellion of such magnitude that the rebels are treated 
 as belligerents. Quoting from Davis, page 300, " it [ military gov- 
 ernment] applies to territory over which the Constitution and laws 
 of the United States have no operation and in which the guaranties 
 which are contained in that instrument are entirely inoperative. 
 Its exercise is sanctioned because all powers of sovereignty have 
 passed into the hands of the commanding general of the occupying 
 forces and the local authority is unable to maintain order and pro- 
 tect life and property in the immediate theater of military opera- 
 tions, and the duty of such protection passes to the permanent or 
 temporary transfer of sovereign power and authority to the occu- 
 pying belligerent. In this case the mere fact of hostile occupation 
 of the territory of the enemy constitutes notice to the inhabitants of 
 the existence of the government by military occupation." 
 
 It follows, then, that the authority for military government lies in 
 the mere fact of occupation. However, it is to be noted in connection 
 with this form of government that while, as defined above, it is 
 designed principally to meet the conditions arising during a state of 
 war, it may none the less be applied to a peaceful possession, as, for 
 example, the present (1917) government of Guam, for the essential 
 feature of this government is that it be actually exercised over a 
 country in full possession, and as such it may continue without the 
 inhabitants of such country being necessarily characterized as ene- 
 mies. Yet the necessity for military government arises primarily 
 from a state of war or a state approaching war, and is founded upon 
 the laws of war, and ordinarily is administered only in the conduct 
 thereof or pursuant thereto. For this reason it is customary for 
 writers on the subject to refer to a state of belligerency as a condition 
 precedent to its function. It is likewise to be noted that while such 
 writers frequently confine their comments on this form of govern- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 15 
 
 ment to a contemplation of its exercise by the Army, such comments 
 apply with equal force to its exercise by the Navy. 
 
 As to its function (quoting from Winthrop, p. 1246), military 
 government, founded on actual occupation, "is an exercise of sov- 
 ereignty, and as such dominates the country which is its theater in 
 all the branches of administration. Whether administered by officers 
 of the army of the belligerent or by civilians left in office or appointed 
 by him (the military commander) for the purpose, it is the govern- 
 ment of and for all the inhabitants, native or foreign, wholly super- 
 seding the local law and civil authority except in so far as the same 
 may be permitted by him to subsist. Civil functionaries who are 
 retained will be protected in the exercise of their duties. The local 
 laws and ordinances may be left in force, and in general should be, 
 subject, however, to their being in whole or in part suspended and 
 others substituted in their stead, in the discretion of the governing 
 authority." 
 
 As to the exercise of authority and functions of military govern- 
 ment it was stated by the Supreme Court (see sec. 1) that it is 
 "exercised by the military commander under the direction of the 
 President, with the express or implied sanction of Congress." Quot- 
 ing, in comment upon this statement, from Winthrop, page 1248, 
 " Congress having, under its constitutional powers, declared or other- 
 wise initiated the state of war and made proper provision for its 
 carrying on, the efficient prosecution of hostilities is devolved upon 
 the President as Commander in Chief. In this capacity, unless 
 Congress shall specially otherwise provide, it will become his right 
 and duty to exercise military government over such portion of the 
 country of the enemy as may pass into the possession of his army 
 by the right of conquest. In such government the President repre- 
 sents the sovereignty of the Nation, but as he can not administer all 
 the details, he delegates, expressly or impliedly, to the commanders 
 of armies under him the requisite authority for the purpose. Thus 
 authorized, these commanders may legally do whatever the President 
 might himself do if personally present, and in their proceedings and 
 orders are presumed to act by the President's direction or sanction." 
 As to the extent of the power thus conferred (quoting further) , " the 
 power of military government thus vested in the President or. his 
 military subordinates is a large and extraordinary one, being subject 
 only to such conditions and restrictions as the law of war, in defining 
 the particulars to which it may extend, imposes upon the scope of 
 its exercise. As it is expressed by the Supreme Court, the govern- 
 ing authority 'may do anything necessary to strengthen itself and 
 weaken the enemy. There is no limit to the powers that may be ex- 
 erted in such cases save those which are found in the laws and usages 
 of war.' (New Orleans v. Steamship Co., 20 Wall., 387.) " But this 
 
16 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 broad statement is somewhat qualified by the language of the Su- 
 preme Court in a later case, to the effect that " while his [military 
 commander's] power is necessarily despotic, this must be understood 
 rather in an administrative than in a legislative sense. While in 
 legislating for a conquered country he may disregard the laws of 
 that country, he is not wholly above the laws of his own. * 
 His power to administer would be absolute, but his power to legis- 
 late would not be without certain restrictions in other words, they 
 would not extend beyond the necessities of the case." (Doolev v. 
 United States, 182 U. S., 222.) 
 
 12. Martial law. Martial law, as defined in Manual for Courts- 
 Martial, United States Army, page 1, is "military power exercised 
 in time of war, insurrection, or rebellion in parts of the country 
 retaining their allegiance, and over persons and things not ordi- 
 narily subjected to it." That is, it is the law exercised by the com- 
 mander of armed forces of a State which have occupied certain terri- 
 tory of such State because by reason of some public exigency the 
 due operation of ordinary law in such territory has been obstructed 
 to such extent that life, property, and other rightful enjoyments 
 of the inhabitants can not be protected thereby. In regard to the 
 extent of the jurisdiction and power of martial law there is some 
 difference of opinion among authorities and conflict in the decisions 
 of courts. The following statement, however, as to the limitations 
 of this form of law is believed to be a safe guide : " The employment 
 of martial law has been likened to the exercise of the right of self- 
 defence by an individual. Its occasion and justification thus is 
 necessity. But though in general without other limit than the dis- 
 cretion of the commander upon whom its execution is devolved, it 
 is not an absolute power, but one to be exercised with such stringency 
 only as circumstances may require. * * * Martial law is indeed 
 resorted to as much for the protection of the lives and property of 
 peaceable individuals as for the repression of hostile or violent ele- 
 ments. It may become requisite that it supersede for the time the 
 existing civil institutions; but, in general, except in so far as relates 
 to persons violating military orders or regulations, or otherwise in- 
 terfering with the exercise of military authority, martial law does 
 not in effect suspend the local law or jurisdiction or materially re- 
 strict the liberty of the citizen." (Winthrop, p. 1279.) Thus the 
 military commander of forces occupying territory under martial law 
 is not a military governor of such territory. Such military com- 
 mander should, however, use such force as may be necessary to main- 
 tain order and protect persons and property from violence. Further 
 than this he should not interfere with persons or property rights. 
 But so long as martial law obtains the inhabitants of the territory to 
 which it applies must look to the military forces for protection. To 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 17 
 
 this end the military commanaer may try by military tribunals 
 offenders against the peace and military authority, but he may not 
 go beyond the necessities of the case and attempt to usurp the full 
 legislative, executive, and judicial powers over the territory under 
 his control. 
 
 13. Exceptional military courts. Since a naval court-martial is a 
 court of limited jurisdiction, restricted by law to the trial of officers 
 and men of the naval service, it is apparent that, in order to exercise 
 the power conferred upon the Naval Establishment when its duty is 
 such as to place under it a wider jurisdiction in accordance with the 
 principles of this chapter, it is necessary to employ tribunals other 
 than those considered in the following chapters in connection with 
 the administration of naval law. Such tribunals have been referred 
 to by the Navy Department as exceptional military courts, and in- 
 clude the military commission, the superior provost court, and the 
 provost court. 
 
 These exceptional military courts, unlike the court-martial, derive 
 their sanction from the laws of war and not from the enactments of 
 Congress. The constitution and procedure of such courts is nowhere 
 prescribed by statute. Nor does any law limit the sentence which may 
 be adjudged by such courts. The offense, which may be either a civil 
 crime or violation of the laws of war or orders of military authority, 
 may be charged by merely setting, forth a designation of the offense 
 in cases of minor offenses triable by provost court ; but, in the cases 
 of the more serious offenses triable by superior provost court and 
 military commission, there should be a detailed specification as in 
 court-martial practice, and such specification should show on its face 
 the circumstances conferring jurisdiction; as, for example, that the 
 offender was an inhabitant of a district under military government. 
 
 14. Conduct of exceptional military courts when held by naval author- 
 ity. The Navy Department, in C. M. O. 13, 1916, laid down the 
 following instructions in regard to the conduct of exceptional mili- 
 tary courts when held by naval authority : 
 
 "When exceptional military trials, whether by military commis- 
 sions or provost courts, are held by naval authority, the commission 
 or court conducting such trials shall be constituted and organized and 
 shall conduct its proceedings in the manner provided for naval 
 courts-martial or deck courts, so far as the exigencies of the service 
 may permit. Similarly, records shall be kept of the proceedings, 
 which upon completion shall be transmitted to the Judge Advocate 
 General of the Navy to be revised and recorded. No sentence of 
 death shall be carried into execution until confirmed by the Secretary 
 of the Navy; all other sentences may be executed upon approval of 
 the convening authority. The jurisdiction of every such commission 
 or provost court, in the matter of the punishments which it may 
 
18 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 adjudge, shall be limited in the discretion of the convening authority 
 and shall be expressly stated in his order convening such commission 
 or provost court." 
 
 Supplementary to the above and subject to the remark that the 
 military commander of occupying forces is, by the laws of war, 
 charged with the administration of the occupied territory, and is, 
 therefore, not to be unduly restricted in the measures to be employed 
 in such administration, the Navy Department, in C. M. O. 15, 1917, 
 laid down the following as a guide in respect to the above-mentioned 
 military courts: 
 
 "A military commission should, in general, correspond to a general 
 court-martial both as to its constitution and as to its proceedings. 
 Except in a case where the convening authority may, for military rea- 
 sons, direct otherwise, all evidence taken before such commission shall 
 be recorded as in general courts-martial. A military commission 
 should be limited in the punishments which it may adjudge only to 
 such an extent as the convening authority may deem proper. 
 
 " A superior provost court should, in general, correspond to a sum- 
 mary court-martial both as to its constitution and as to its proceed- 
 ings. Except where the convening authority may, for military rea- 
 sons, direct otherwise, evidence introduced before such court shall be 
 recorded. A superior provost court ordinarily should not be granted 
 authority to impose sentences involving confinement for more than 
 five years nor fines of more than $3,000. 
 
 "-4 provost court should, in general, correspond to a deck court 
 both as to its constitution and as to its proceedings. Evidence taken 
 before such court need not ordinarily be recorded. A provost court 
 ordinarily should not be granted authority to impose sentences in- 
 volving confinement for more than six months nor fines of more than 
 $300. 
 
 " The authority to convene the above-mentioned exceptional mili- 
 tary courts vests only in the military commander or military gov- 
 ernor of an occupied territory, and all such courts may be ordered 
 only in the name of such commander or governor. When a mili- 
 tary commander or governor desires to authorize an officer under 
 his command to convene any of the above courts he may delegate 
 such authority to a subordinate, but the latter may so act only as 
 a representative and in the name of the military commander or 
 governor. When so acting, such subordinate officer may, subject to 
 any action in remission or mitigation he may see fit to take, upon 
 his own approval, put into immediate execution the sentences of 
 such exceptional military courts as the military commander or gov- 
 ernor has empowered him to convene. But in all cases the records 
 of such courts shall be forwarded to the military commander or 
 governor, who shall review all such records, and who may set 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 19 
 
 aside the proceedings, or remit or mitigate, in whole or in part, 
 the sentence imposed by any military commission, superior pro- 
 vost court, provost court, or other exceptional military court con- 
 vened by his order or by that of his predecessor in command, or 
 by that of any officer under his command or the predecessor of 
 any such officer. Also nothing herein shall be taken to modify 
 the limitation prescribed in C. M. O. 13, 1916, 6 [above quoted], 
 in regard to the execution of a death sentence. 
 
 "In so far as practicable, the employment of exceptional mili- 
 tary courts should^, as a general rule, be restricted to the trial of 
 offenses in breach of the peace, in violation of military orders or 
 regulations, or otherwise in interference with the exercise of mili- 
 tary authority. 
 
 "Inasmuch as the most frequent offenses are the minor offenses 
 which should be tried by provost court, the following form is given 
 to guide in such cases: 
 
 " PRECEPT. 
 
 "(Place and date.) 
 
 " Captain A - B , U. S. Marine Corps, is hereby ordered as 
 
 provost court for the district of - (or otherwise describe the 
 
 locality) for the trial of such of the inhabitants or sojourners therein, 
 not including members of the military services of the United States 
 (and other exceptions if desired), as may commit offenses not deemed 
 to warrant punishment exceeding confinement, with or without hard 
 labor, for thirty days and fines not exceeding $100 (and any other 
 restrictions upon the offenses coming under the jurisdiction of this 
 court which may be desired). 
 
 "All cases brought before this court which the court shall deem 
 deserving of a greater punishment than that above prescribed shall 
 be certified to the superior provost court for the district of - 
 and the offenders shall be ordered kept in confinement awaiting the 
 action of such superior court (or shall be reported to the under- 
 signed for other disposition of their cases). 
 
 " Reports of cases tried and dispositions thereof shall be rendered 
 daily to the undersigned. 
 
 C- - D- -, 
 " Rear Admiral, U. S. Navy, 
 " Commanding U. S. Forces Occupying . 
 
 " When the authority to convene such courts has been delegated by 
 the military commander to a subordinate the precept should so state. 
 Thus the above should read : 
 
 " In accordance with the authority delegated to me by Rear Ad- 
 miral C D , U. S. Navy, commanding the U. S. forces 
 
 occupying , under date of , Captain A- 
 
 U. S. Marine Corps, is hereby ordered, etc. * * 
 
20 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 (Place and date.) 
 
 " Proceedings of Provost Court held for the district of - , by 
 the authority of (name and office of the convening authority), under 
 date of- . 
 " The court met at 10 a. m. 
 
 " E F was arraigned on the charge of - , and 
 
 pleaded as follows: 
 
 " Witnesses for prosecution : 
 " Witnesses for defense : 
 
 " (Testimony of witnesses need not be recorded.) 
 " Finding : Guilty. (Not guilty) . 
 
 " Sentence : Confinement for days (with or without hard labor) ; 
 or, to be fined - - dollars ; or, confinement for days and to be 
 
 fined dollars. 
 
 "A B , 
 
 " Captain, U. JS. Marine Corps. 
 
 " Provost Court. 
 
 " G H was arraigned, etc. 
 
 " The court adjourned at - ." 
 
 15. Exercise of military government and martial law by the Navy. 
 Generally, it may be said that while military government and 
 martial law both derive their sanction from the laws of war, this 
 code is adopted by the former to a greater extent than by the latter. 
 Both are resorted to by reason of the needs of the occasion; the 
 former status arising from a foreign occupancy, the latter from a 
 domestic necessity. As to the application of these principles by 
 naval authority, the normal situation requiring same would be that 
 arising from the occupation of a foreign port and its contiguous 
 territory by naval forces, thus making it necessary for the commander 
 to institute military government. It may happen, if the distinction 
 set forth in this chapter is not observed, that a military commander 
 will be exercising all the functions of military government and yet 
 refer to the existing status as one of martial law. As has been seen, 
 military government is a question of fact, and the important thing is 
 that it actually be established. Its prerogatives and functions then 
 naturally follow, irrespective of the term which may be used to refer 
 to the exercise of this power. The terms military government and 
 martial law merely describe states of affairs which are sanctioned 
 by the unwritten law, and are not terms of the written law on 
 which states of affairs are predicated. The controlling factor is 
 what the state of affairs happens to be, not what it is called. The 
 use of the proper descriptive term tends to clarity, an inaccurate de- 
 scription leads to confusion ; the actual operation is the same. Like- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 21 
 
 wise, in the matter of a proclamation declaring the establishment of 
 a form of military control, the important thing is to set forth the 
 state of affairs which exists, to define the district or territory to 
 which the proclamation applies, to state the extent to which the civil 
 administration will be affected, the manner in which it is desired 
 that the inhabitants conduct themselves, the measures which will be 
 resorted to in short, the proclamation should be illuminative of ex- 
 isting conditions and of the will of the declaring power. While the 
 conditions which might call for such proclamation are varied and in 
 each case the particular circumstances must control, the following is 
 given as a guide for cases in which it is desired to announce the es- 
 tablisment of military government in an occupied port and its con- 
 tiguous territory: 
 
 PROCLAMATION. 
 
 The United States naval forces under my command have occupie'd the city 
 of , - . I therefore proclaim that in accordance with the laws of 
 nations and the usages, customs, and functions of my own and other Govern- 
 ments, I am vested with the power and responsibility of government in all 
 its functions throughout the city of and the territory contiguous thereto, 
 now occupied by the forces under my command, and such additional territory 
 as may be hereafter occupied by such forces. 
 
 It is intended that civil affairs be administered by the existing local govern- 
 ment, so long as peace and good order are maintained in the city. To this 
 end all the municipal and other civil employees are requested to continue in 
 their present vocations, without change, and the administration of civil func- 
 tions and justice will continue through the usual offices and courts existing in 
 the country, except in so far as relates to persons violating military orders or 
 otherwise interfering with the exercise of military authority, in cases affecting 
 the military forces of the United States, and in political cases. 
 
 All peaceful citizens can confidently pursue their usual occupations, feeling 
 that, so long as they continue so to act, they will be protected in their persons, 
 property, and private rights and relations. Offenses against the forces of the 
 United States and in violation of the military orders or regulations or in inter- 
 ference with the exercise of military authority will be punished in accordance 
 with the unwritten code which is known as the laws of war. For this purpose 
 all offenders in the matters aforesaid shall be promptly seized, confined, and 
 reported for trial by military commissions or provost courts, as the case may 
 be, which will be appointed and conducted in accordance with the laws of war 
 and the rules and regulations of the Government of the United States relating 
 thereto. 
 
 The commanding officer of the forces of the United States will from time to 
 time issue rules for the guidance of inhabitants, and will issue the necessary 
 regulations and appoint the necessary officers for the proper administration of 
 government. 
 
 Done at the city of , , this day of , 19 . 
 
 Rear Admiral, United States Navy, 
 Commanding United States Forces Occupying . 
 

 
 . 
 
 ' 
 
 
III. 
 
 ARTICLES FOR THE GOVERNMENT OF THE NAVY 
 TOGETHER WITH SUBSEQUENT STATUTORY 
 ENACTMENTS RELATING TO ADMINIS- 
 TRATION OF JUSTICE IN 
 THE NAVY. 
 
 23 
 
/110TOTAT8 raUt 
 
 . 
 

 AKTICLES FOR THE GOVERNMENT OF THE NAVY, TO- 
 GETHER WITH SUBSEQUENT STATUTORY ENACT- 
 MENTS RELATING TO ADMINISTRATION OF JUSTICE 
 IN THE NAVY. 
 
 16. History. " Rules for the regulation of the Navy of the United 
 Colonies" were adopted by the Continental Congress on November 
 28, 1775. These rules were reenacted and continued in force by an 
 act of Congress approved July 1, 1797 (1 Stat, 525). Thereafter, 
 on March 2, 1799, there was approved "An act for the government 
 of the Navy of the United States." (1 Stat., 709.) On March 
 2, 1855, there was passed "An act to provide a more efficient dis- 
 cipline for the Navy." (10 Stat., 627.) And on July 17, 1862, there 
 was enacted another "Act for the better government of the Navy of 
 the United States." (12 Stat., 600.) The above acts are the princi- 
 pal sources of the present "Articles for the Government of the Navy." 
 
 17. The Articles for the Government of the Navy. Section 1624 of the 
 Revised Statutes is a codification, under the title of "Articles for the 
 Government of the Navy," of the laws in existence prior to December 
 1, 1873, governing the administration of justice in the Navy. These 
 articles comprise, in addition to the aforementioned acts, in whois 
 or in part, the following legislation pertaining to the Navy : 
 
 Acts of August 26, 1842 (5 Stat, 535) ; July 30, 1846 (9 Stat, 
 44) ; August 5, 1861 (12 Stat., 316) ; February 13, 1862 (12 Stat., 
 340) ; March 13, 1862 (12 Stat, 354) ; July 14, 1862 (12 Stat, 565) : 
 March 2, 1863 (12 Stat, 696) ; March 3, 1863 (12 Stat, 737) ; May 
 16, 1864 (13 Stat, 75) ; July 13, 1866 (14 Stat., 92) ; March 2, 1867 
 (14 Stat., 516) ; July 15, 1870 (16 Stat, 334) ; June 6, 1872 (17 Stat., 
 261). 
 
 18. Subsequent statutory enactments. The Articles for the Govern- 
 ment of the Navy, as published in the Revised Statutes, have since 
 been amended and affected by the following legislation : 
 
 Acts of March 16, 1878 (20 Stat, 30) ; March 3, 1893 (27 Stat.. 
 716) ; February 25, 1895 (28 Stat., 680) ; February 27, 1895 (28 
 Stat., 689) ; March 3, 1899, section 13 (30 Stat,, 1007) ; May 13, 1908 
 (35 Stat., 132) ; February 16, 1909 (35 Stat., 621-623) ; August 22, 
 1912 (37 Stat, 356) ; and August 29, 1916 (39 Stat., 586). 
 
 25 
 
26 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 19. The following is a compilation of "Articles for the Government 
 of the Navy, together with subsequent statutory enactments relat- 
 ing to administration of justice in the Navy." 
 
 The Navy of the United States shall be governed by the following 
 articles : 
 
 ARTICLE 1. 
 
 The commanders of all fleets, squadrons, naval stations, and 
 vessels belonging to the Navy are required to show in themselves 
 a good example of virtue, honor, patriotism, and subordination; 
 to be vigilant in inspecting the conduct of all persons who are 
 placed under their command; to guard against and suppress all 
 dissolute and immoral practices, and to correct, according to the 
 laws and regulations of the Navy, all persons who are guilty of 
 them; and any such commander who offends against this article 
 shall be punished as a court-martial may direct. 
 
 ARTICLE 2. 
 
 The commanders of vessels and naval stations to which chaplains 
 are attached shall cause divine service to be performed on Sunday, 
 whenever the weather and other circumstances allow it to be done ; 
 and it is earnestly recommended to all officers, seamen, and others 
 in the naval service diligently ~fo attend at every performance of 
 the worship of Almighty God. 
 
 ARTICLE 3. 
 
 . 
 
 Any irreverent or unbecoming behavior during divine service shall 
 
 be punished as a general or summary court-martial may direct. 
 
 ARTICLE 4. 
 
 The punishment of death, or such other punishment as a court- 
 martial may adjudge, may be inflicted on any person in the naval 
 service 
 
 1. Who makes, or attempts to make, or unites with any mutiny 
 or mutinous assembly, or, being witness to or present at any mutiny, 
 does not do his utmost to suppress it ; or, knowing of any mutinous 
 assembly or of any intended mutiny, does not immediately com- 
 municate his knowledge to his superior or commanding officer ; 
 
 2. Or disobeys the lawful orders of his superior officer ; 
 
 3. Or strikes or assaults, or attempts or threatens to strike or 
 assault, his superior officer while in the execution of the duties of 
 his office; 
 
 4. Or gives any intelligence to, or holds or entertains any inter- 
 course with, an enemy or rebel, without leave from the President, 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 27 
 
 the Secretary of the Navy, the commander in chief of the fleet, the 
 commander of the squadron, or, in case of a vessel acting singly, 
 from his commanding officer; 
 
 5. Or receives any message or letter from an enemy or rebel, or, 
 being aware of the unlawful reception of such message or letter, 
 fails to take the earliest opportunity to inform his superior or com- 
 manding officer thereof; 
 
 6. Or, in time of war, deserts or entices others to desert ; 
 
 7. Or, in time of war, deserts or betrays his trust, or entices or 
 aids others to desert or betray their trust ; 
 
 8. Or sleeps upon his watch ; 
 
 9. Or leaves his station before being regularly relieved ; 
 
 10. Or intentionally or willfully suffers any vessel of the Navy to 
 be stranded, or run upon rocks or shoals, or improperly hazarded; 
 or maliciously or willfully injures any vessel of the Navy, or any 
 part of her tackle, armament, or equipment, whereby the safety 
 of the vessel is hazarded or the lives of the crew exposed to danger ; 
 
 11. Or unlawfully sets on fire, or otherwise unlawfully destroys, 
 any public property not at the time in possession of an enemy, 
 pirate, or rebel; 
 
 12. Or strikes or attempts to strike the flag to an enemy or rebel, 
 without proper authority, or, when engaged in battle, treacherously 
 yields or pusillanimously cries for quarter ; 
 
 13. Or, in time of battle, displays cowardice, negligence, or dis- 
 affection, or withdraws from or keeps out of danger to which he 
 should expose himself; 
 
 14. Or, in time of battle, deserts his duty or station, or entices 
 others to do so; 
 
 15. Or does not properly observe the orders of his commanding 
 officer, and use his utmost exertions to carry them into execution, 
 when ordered to prepare for or join in, or when actually engaged 
 in, battle, or while in sight of an enemy ; 
 
 16. Or, being in command of a fleet, squadron, or vessel acting 
 singly, neglects, when an engagement is probable, or when an armed 
 vessel of an enemy or rebel is in sight, to prepare and clear his ship 
 or ships for action; 
 
 17. Or does not, upon signal for battle, use his utmost exertions 
 to join in battle; 
 
 18. Or fails to encourage, in his own person, his inferior officers 
 and men to fight courageously; 
 
 19. Or does not do his utmost to overtake and capture or destroy 
 any vessel which it is his duty to encounter ; 
 
 20. Or does not afford all practicable relief and assistance to 
 vessels belonging to the United States or their allies when engaged 
 in battle. 
 
 26450 17 3 
 
28 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 ARTICLE 5. 
 
 All persons who, in time of war, or of rebellion against the supreme 
 authority of the United States, come or are found in the capacity of 
 spies, or who bring or deliver any seducing letter or message from 
 an enemy or rebel, or endeavor to corrupt any person in the Navy 
 to betray his trust, shall suffer death, or such other punishment as 
 a court-martial may adjudge. 
 
 ARTICLE 6. 
 
 If any person belonging to any public vessel of the United States 
 commits the crime of murder without the territorial jurisdiction 
 thereof, he may be tried by court-martial and punished with death. 
 
 ARTICLE 7. 
 
 1 X j.' 1 T 1 XI 'I A. !_ 
 
 A naval court-martial may adjudge the punishment of imprison- 
 ment for life, or for a stated term, at hard labor, in any case where 
 it is authorized to adjudge the punishment of death; and such sen- 
 tences of imprisonment and hard labor may be carried into execution 
 in any prison or penitentiary under the control of the United States, 
 or which the United States may be allowed, by the legislature of any 
 State, to use; and persons so imprisoned in the prison or peniten- 
 tiary of any State or Territory shall be subject, in all respects, to 
 the same discipline and treatment as convicts sentenced by the courts 
 
 of the State or Territory in which the same may be situated. 
 
 ;*! 
 
 ARTICLE 8. 
 
 Such punishment as a court-martial may adjudge may be inflicted 
 on any person in the Navy 
 
 1. Who is guilty of. profane swearing, falsehood, drunkenness, 
 gambling, fraud, theft, or any other scandalous conduct tending to 
 the destruction of good morals; 
 
 2. Or is guilty of cruelty toward or oppression or maltreatment of 
 any person subject to his orders; 
 
 3. Or quarrels with, strikes, or assaults, or uses provoking or 
 reproachful words, gestures, or menaces toward, any person in the 
 Navy; 
 
 4. Or endeavors to foment quarrels between other persons in the 
 Navy ; 
 
 5. Or sends or accepts a challenge to fight a duel or acts as a 
 second in a duel; 
 
 6. Or treats his superior officer with contempt, or is disrespectful 
 to him in language or deportment, while in the execution of his 
 office , 
 
 g_7i_>o<: 
 
INSTRUCTIONS FOB COURTS AND BOARDS. 29 
 
 7. Or joins in or abets any combination to weaken the lawful 
 authority of, or lessen the respect due, to his commanding officer; 
 
 8. Or utters any seditious or mutinous words ; 
 
 9. Or is negligent or careless in obeying orders, or culpably ineffi- 
 cient in the performance of duty ; 
 
 10. Or does not use his best exertions to prevent the unlawful 
 destruction of public property by others ; 
 
 11. Or, through inattention or negligence, suffers any vessel of 
 the Navy to be stranded, or run .upon a rock or shoal, or hazarded ; 
 
 12. Or, when attached to any vessel appointed as convoy to any 
 merchant or other vessels, fails diligently to perform his duty, or 
 demands or exacts any compensation for his services, or maltreats 
 the officers or crews of such merchant or other vessels; 
 
 13. Or takes, receives, or permits to be received, on board the 
 vessel to which he is attached, any goods or merchandise, for freight, 
 sale, or traffic, except gold, silver, or jewels, for freight or safe keep- 
 ing; or demands or receives any compensation for the receipt or 
 transportation of any other article than gold, silver, or jewels, with- 
 out authority * from the President or Secretary of the Navy; 
 
 14. Or knowingly makes or signs, or aids, abets, directs, or pro- 
 cures the making or signing of, any false muster; 
 
 15. Or wastes any ammunition, provisions, or other public prop- 
 erty, or, having power to prevent it, knowingly permits such waste ; 
 
 16. Or, when on shore, plunders, abuses, or maltreats any inhab- 
 itant or injures his property in any way; 
 
 17. Or refuses, or fails to use, his utmost exertions to detect, appre- 
 hend, and bring to punishment all offenders, or to aid all persons 
 appointed for that purpose; 
 
 18. Or, when rated or acting as master-at-arms, refuses to receive 
 such prisoners as may be committed to his charge, or, having re- 
 ceived them, suffers them to escape, or dismisses - them without 
 orders from the proper authority; 
 
 19. Or is absent from his station or duty without leave, or after 
 his leave has expired ; 
 
 20. Or violates or refuses obedience to any lawful general order 
 or regulation issued by the Secretary of the Navy ; 
 
 21. Or, in time of peace, deserts or attempts to desert, or aids 
 and entices others to desert ; 
 
 22. Or receives or entertains any deserter from any other vessel 
 of the Navy, knowing him to be such, and does not, with all con- 
 venient speed, give notice of such deserter to the commander of the 
 vessel to which he belongs, or to the commander in chief, or to the 
 commander of the squadron. 
 
30 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 ARTICLE 9. 
 
 Any officer who absents himself from his command without leave 
 may, by the sentence of a court-martial, be reduced to the rating of 
 an ordinary seaman. 
 
 ARTICLE 10. 
 
 ' 
 
 Any commissioned officer of the Navy or Marine Corps who, hav- 
 ing tendered his resignation, quits his post or proper duties without 
 leave and with intent to remain permanently absent therefrom, 
 prior to due notice of the acceptance of such resignation, shall be 
 deemed and punished as a deserter. 
 
 ARTICLE 11. 
 
 
 No person in the naval service shall procure stores or other arti- 
 cles or supplies for, and dispose thereof to, the officers or enlisted 
 men on vessels of the Navy, or at navy yards or naval stations, for 
 
 his own account or benefit. 
 
 
 
 ARTICLE 12. 
 
 No person connected with the Navy shall, under any pretense, 
 iport i 
 of duty. 
 
 import in a public vessel any article which is liable to the payment 
 
 ARTICLE 13. 
 
 Distilled spirits shall be admitted on board of vessels of war only 
 upon the order and under the control of the medical officers of such 
 vessels, and to be used only for medical purposes. 
 
 ARTICLE 14. 
 
 Fine and imprisonment, or such other punishment as a court- 
 martial may adjudge, shall be inflicted upon any person in the 
 naval service of the United States 
 
 1. Who presents or causes to be presented to any person in the 
 civil, military, or naval service thereof, for approval or payment, any 
 claim against the United States or any officer thereof, knowing such 
 claim to be false or fraudulent ; or 
 
 2. Who enters into any agreement or conspiracy to defraud the 
 United States by obtaining, or aiding others to obtain, the allow- 
 ance or payment of any false or fraudulent claim ; or 
 
 3. Who, for the purpose of obtaining, or aiding others to obtain, 
 the approval, allowance, or payment of any claim against the United 
 States or against any officer thereof, makes or uses, or procures or 
 advises the making or use of, any writing, or other paper, knowing 
 the same to contain any false or fraudulent statement ; or 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 31 
 
 4. Who, for the purpose of obtaining, or aiding others to obtain, 
 the approval, allowance, or payment of any claim against the United 
 States or any officer thereof, makes, or procures or advises the mak- 
 ing of, any oath to any fact or to any writing or other paper, know- 
 ing such oath to be false; or 
 
 5. Who, for the purpose of obtaining, or aiding others to obtain, 
 the approval, allowance, or payment of any claim against the United 
 States or any officer thereof, forges or counterfeits, or procures or 
 advises the forging or counterfeiting of, any signature upon any 
 writing or other paper, or uses, or procures or advises the use of, any 
 such signature, knowing the same to be forged or counterfeited; or 
 
 6. Who, having charge, possession, custody, or control of any 
 money or other property of the United States, furnished or intended 
 for the naval service thereof, knowingly delivers, or causes to be 
 delivered, to any person having authority to receive the same, any 
 amount thereof less than that for which he receives a certificate or 
 receipt; or 
 
 7. Who, being authorized to make or deliver any paper certifying 
 the receipt of any money or other property of the United States, 
 furnished or intended for the naval service thereof, makes, or 
 delivers to any person, such writing, without having full knowledge 
 of the truth of the statements therein contained, and with intent 
 to defraud the United States ; or 
 
 8. Who steals, embezzles, knowingly and willfully misappropri- 
 ates, applies to his own use or benefit, or wrongfully and knowingly 
 sells or disposes of any ordnance, arms, equipments, ammunition, 
 clothing, subsistence stores, money or other property of the United 
 States, furnished or intended for the military or naval service 
 thereof; or 
 
 9. Who knowingly purchases, or receives in pledge for any obliga- 
 tion or indebtedness, from any other person who is a part of or em- 
 ployed in said service, any ordnance, arms, equipments, ammunition, 
 clothing, subsistence stores, or other property of the United States, 
 such other person not having lawful right to sell or pledge the 
 same; or 
 
 10. Who executes, attempts, or countenances any other fraud 
 against the United States. 
 
 And if any person, being guilty of any of the offenses described in 
 this article while in the naval service, receives his discharge, or is 
 dismissed from the service, he shall continue to be liable to be arrested 
 and held for trial and sentence by a court-martial, in the same 
 manner and to the same extent as if he had nqt received such dis- 
 charge nor been dismissed. 
 
 ' 
 
32 INSTRUCTIONS FOR COURTS AND BOARDS, 
 
 AliTICI.K IT.. 
 
 (Repealed by section 1:>, ol the su-t of March 3, 1899.) 
 
 
 
 ARTICLE 10. 
 
 No person in the Navy shall take out of a prize, or vessel seized 
 . as a prize, any money, plate, goods, or any part of her equipment, 
 unless it be for the better preservation thereof, or unless such articles 
 are absolutely needed for the use of any of the vessels or armed 
 forces, of the United States, before the same are adjudged lawful 
 prize by a competent court; but the whole, without fraud, conceal- 
 ment, or embezzlement, shall be brought in, in order that judgment 
 may be passed thereon; and every person who offends against this 
 article shall be punished as a court-martial may direct. 
 . 
 
 ARTICLE 17. 
 
 If any person in the Navy strips off the clothes of, or pillages, or 
 in any manner maltreats, any person taken on board a prize, he shall 
 suffer such punishment as a court-martial may adjudge. 
 
 ARTICLE is. 
 
 If any officer or person in the naval service employs any of the 
 forces under, his command for the purpose of returning any fugi- 
 tive from service or labor, he shall be dismissed from the service. 
 
 
 
 ARTICLE 19. 
 
 Any officer who knowingly enlists into the naval service any per- 
 son who has deserted in time of war from the naval or military 
 service of the United States, or any insane or intoxicated person, 
 or any minor between the ages of fourteen and eighteen years, with- 
 out the consent of his parents or guardian, or any minor under the 
 age of fourteen years, shall be punished as a. court-martial may direct. 
 
 (This article was specifically amended as above given by the act of August 22, 1912 
 (.,7 Stat., 356).) 
 
 ARTICLE 20. 
 
 Every commanding officer of a vessel in the Navj^ shall obey the 
 following rules: 
 
 1. Whenever a man enters on board, the commanding officer shall 
 cause an accurate entry to be made in the ship's books, showing his 
 name, the date, place, and term of his enlistment, the place or vessel 
 from which he was received on board, his rating, his descriptive 
 list, his age, place of birth, and citizenship, with such remarks as 
 may be necessary. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 33 
 
 2. He shall, before sailing, transmit to the Secretary of the Navy 
 a complete list of the rated men under his command, showing the 
 particulars set forth in rule one, and a list of officers and passen- 
 gers, showing the date of their entering. And he shall cause similar 
 lists to be made out on the first day of every third month and trans- 
 mitted to the Secretary of the Navy as opportunities occur, account- 
 ing therein for any casualty which may have happened since the 
 last list. 
 
 3. He shall cause to be accurately minuted on the ship's books the 
 names of any persons dying or deserting, and the times at which such 
 death or desertion occurs. 
 
 4. In case of the death of any officer, man, or passenger on said 
 vessel, he shall take care that the paymaster secures all the property 
 of the deceased, for the benefit of his legal representatives. 
 
 5. He shall not receive on board any man transferred from any 
 other vessel or station to him, unless such man is furnished with an 
 account, signed by the captain and paymaster of the vessel or station 
 from which he came, specifying the date of his entry on said vessel 
 or at said station, the period and term of his service, the sums paid 
 him, the balance due him, the quality in which he was rated, and his 
 descriptive list. 
 
 6. He shall, whenever officers or men are sent from his ship, for 
 whatever cause, take care that each man is furnished with a complete 
 statement of his account, specifying the date of his enlistment, the 
 period and term of his service, and his descriptive list. Said account 
 shall be signed by the commanding officer and paymaster. 
 
 7. He shall cause frequent inspections to be made into the condi- 
 tion of the provisions on his ship, and use every precaution for their 
 preservation. 
 
 8. He shall frequently consult with the surgeon in regard to the 
 sanitary condition of his crew, and shall use all proper means to 
 preserve their health. And he shall cause a convenient place to be 
 set apart for sick or disabled men, to which he shall have them 
 removed, with their hammocks and bedding, when the surgeon so 
 advises, and shall direct that some of the crew attend them and keep 
 the place clean. 
 
 9. He shall attend in person, or appoint a proper officer to attend, 
 when his crew is finally paid off, to see that justice is done to the 
 men and to the United States in the settlement of the accounts. 
 
 10. He shall cause the articles for the government of the Navy 
 to be hung up in some public part of the ship and read once a month 
 to his ship's company. 
 
 Every commanding officer who offends against the provisions of 
 this article shall be punished as a court-martial may direct. 
 
34 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 ARTICLE 21. 
 
 . 
 
 When the crew of any vessel of the United States are separated 
 from their vessel by means of her wreck, loss, or destruction, all the 
 command and authority given. to the officers of such vessel shall 
 remain in full force until such ship's company shall be regularly 
 discharged from or ordered again into service, or until a court-martial 
 or court of inquiry shall be held to inquire into the loss of said vessel. 
 And if any officer or man, after such wreck, loss, or destruction, acts 
 contrary to the discipline of the Navy, he shall be punished as a 
 court-martial may direct. 
 
 ARTICLE 22. 
 
 All offenses committed by persons belonging to the Navy which 
 are not specified in the foregoing articles shall be punished as a court- 
 martial may direct. 
 
 (Act of March 3, 1893 (27 Stat, 716), provides that "Fraudulent 
 enlistment, and the receipt of any pay or allowance thereunder, is 
 hereby declared an offense against naval discipline and made punish- 
 able by general court-martial, under article twenty-two of the articles 
 for the government of the Navy.") 
 
 ARTICLE 23. 
 
 All offenses committed by persons belonging to the Navy while 
 on shore shall be punished in the same manner as if they had been 
 committed at sea. 
 
 ARTICLE 24. 
 
 No commander of a vessel shall inflict upon a commissioned or 
 warrant officer any other punishment than private reprimand, sus- 
 pension from duty, arrest, or confinement, and such suspension, 
 arrest, or confinement shall not continue longer than ten days, unless 
 a further period is necessary to bring the offender to trial by a court- 
 martial ; nor shall he inflict, or cause to be inflicted, upon any petty 
 officer, or person of inferior rating, or marine, for a single offense, or 
 at any one time, any other than one of the following punishments, 
 'namely : 
 
 1. Reduction of any rating established by himself. 
 
 2. Confinement, with or without irons, single or double, not ex- 
 ceeding ten days, unless further confinement be necessary in the case 
 of a prisoner to be tried by court-martial. 
 
 3. Solitary confinement, on bread and water, not exceeding five 
 days. 
 
 4. Solitary confinement not exceeding seven days. 
 
 5. Deprivation of liberty on shore. 
 
 6. Extra duties. 
 
INSTRUCTIONS FOB COURTS AND BOARDS. 35 
 
 No other punishment shall be permitted on board of vessels belong- 
 ing to the Navy, except by sentence of a general or summary court- 
 martial. 1 All punishments inflicted by the commander, or by his 
 order, except reprimands, shall be fully entered upon the ship's log. 
 
 (Act of August 29, 1916, provides that " Hereafter all officers of 
 the Navy and Marine Corps who are authorized to order either gen- 
 eral or summary courts-martial * * * shall have the same au- 
 thority to inflict minor punishments as is conferred by law upon the 
 commander of a naval vessel. * * * 
 
 " When a force of marines is embarked on a naval vessel, or vessels, 
 as a separate organization, not a part of the authorized complement 
 thereof, the authority and powers of the officers of such separate 
 organization of marines shall be the same as though such organiza- 
 tion were serving at a navy yard on shore, 2 but nothing herein shall 
 be construed as impairing the paramount authority of the command- 
 ing officer of any naval vessel over the vessel under his command and 
 all persons embarked thereon." 
 
 Act of May 13, 1908 (35 Stat, 132), provides "That the use of 
 irons, single or double, as a form of punishment in the Navy of the 
 United States is hereby abolished, except for the purposes of safe 
 custody or when part of the sentence imposed by a general court- 
 martial.") 
 
 ARTICLE 25. 
 
 No officer who may command by accident, or in the absence of the 
 commanding officer, except when such commanding officer is absent 
 for a time by leave, shall inflict any other punishment than confine- 
 ment. 
 
 ARTICLE 26. 
 
 Summary courts-martial may be ordered upon petty officers and 
 persons of inferior ratings, by the commander of any vessel, or by 
 the commandant of any navy yard, naval station, or marine barracks 
 to which they belong, for the trial, of offenses which such officer may 
 deem deserving of greater punishment than such commander or 
 commandant is authorized to inflict, but not sufficient to require trial 
 by a general court-martial. 
 
 (Act of August 29, 1916, provides that " Summary courts-martial 
 may be ordered upon enlisted men in the naval service under his 
 command by the commanding officer of any brigade, regiment, or 
 separate or detached battalion, or other separate or detached com- 
 mand, and, when empowered by the Secretary of the Navy, by the 
 
 1 Or Deck Court. See act of February 16, 1909, page 45. 
 
 2 The commanding officer of marines at a navy yard or barracks is clothed with the 
 same authority for the purpose of enforcing discipline among the officers and men under 
 his command as that which rests, for similar purposes, in the commanding officer of a 
 vessel. R-4182 (1). 
 
36 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 commanding oilicer or officer in charge of any command not specifi- 
 cally mentioned in the foregoing: Provided, That when so empow- 
 ered by the Secretary of the Xavy to order summary courts-martial, 
 the commanding officer of a naval hospital or hospital ship shall be 
 empowered to order such courts and deck courts, and inflict the pun- 
 ishments which the commander of a naval vessel is authorized by 
 law to inflict, upon all enlisted men of the naval service attached 
 thereto, whether for duty or as patients.'') 
 
 AKTICLK 27. 
 
 A summary court-martial sha'll consist of three officers not below 
 the rank of ensign, as members, and of a recorder. The commander 
 of a ship may order any officer under his command to act as such 
 recorder. 
 
 ARTICLE 28. 
 
 m 
 
 Before proceeding to trial the members of a summary court- 
 martial shall take the following oath or affirmation, which shall be 
 administered by the recorder: "I, A B, do swear (or affirm) that I 
 will well and truly try, without prejudice or partiality, the case now 
 depending, according to the evidence which shall be adduced, the 
 laws for the government of the Navy, and my own conscience." 
 After which the recorder of the court shall take the following oath 
 or affirmation, which shall be administered by the senior member of 
 the court : " I, A B, do swear (or affirm) that I will keep a true record 
 of the evidence which shall be given before this court and of the 
 proceedings thereof." 
 
 ARTICLE 29. 
 
 All testimony before a summary court-martial shall be given orally, 
 upon oath or affirmation, administered by the senior member of the 
 court. 
 
 (Act of February 16. 1909, section 16 (35 Stat., 622), provides 
 " That the depositions of witnesses may be taken on reasonable notice 
 to the opposite party and, when duly authenticated, may be put in 
 evidence before naval courts, except in capital cases and cases where 
 the punishment may be imprisonment or confinement for more than 
 one year, as follows: First, depositions of civilian witnesses residing 
 outside the State, Territory, or District in which a naval court is 
 ordered to sit; second, depositions of persons in the naval or mili- 
 tary service stationed or residing outside the State, Territory, or 
 District in which a naval court is ordered to sit, or who are under 
 orders to go outside of such State, Territory, or District ; third, where 
 such naval court is convened on board a vessel of the United States, 
 or at a naval station not within any State, Territory, or District of 
 the United States, the depositions of witnesses may be taken and 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 37 
 
 used as herein provided Avhenever such \vitnesses reside or are sta- 
 tioned at such a distance from the place where said naval court is 
 ordered to sit, or are about to go to such a distance as, in the judg- 
 ment of the convening authority, would render it impracticable to 
 secure their personal attendance." 
 
 A decision of the Secretary of the Navy (file 26287-833, June 29, 
 11)11) holds: 
 
 In article 29 of the Articles for the Government of the Navy, " testimony " 
 must be considered as used in an accurate legal sense, as meaning " that which 
 comes to the tribunal through living witnesses under oath " [Cyclopedia of Law 
 and Procedure (v. 16, p. 849)] ; and in enacting this law Congress must be pre- 
 sumed to have understood the legal distinction between the terms [" testimony " 
 and the generic term "evidence"]. 
 
 The phraseology of article 29, A. G. N., does not forbid expressly or impliedly 
 the production of other evidence than "oral testimony"; it merely provides 
 that all " testimony " shall be given viva voce and upon oath or affirmation, thus 
 excluding mere declarations or depositions. [See seel ion 1(5 of aet of February 
 1C, 1909, quoted above, which authorizes the use of depositions in certain cases.] 
 The article in question does not forbid the introduction of other forms of legal 
 evidence, including documentary evidence and real evidence.) 
 
 ARTICLE 30. 
 
 Summary courts-martial may sentence petty officers and persons 
 of inferior ratings to any one of the following punishments, namely : 
 
 1. Discharge from the service with bad-conduct discharge; but 
 the sentence shall not be carried into effect in a foreign country. 
 
 2. Solitary confinement, not exceeding thirty days, in irons, single 
 or double, on bread and water, or on diminished rations. 
 
 3. Solitary confinement in irons, single or double, not exceeding 
 thirty days. 
 
 .4. Solitary confinement not exceeding thirty days. 
 
 5. Confinement not exceeding two months. 
 
 6. Reduction to next inferior rating. 
 
 7. Deprivation of liberty on shore on foreign station. 
 
 8. Extra police duties, and loss of pay, not to exceed three months, 
 may be added to any of the above-mentioned punishments. 
 
 (Act of February 16, 1909, section 8, provides: "That the courts 
 authorized to impose the punishments prescribed by article thirty of 
 the 'Articles for the Government of the Navy ' may adjudge either a 
 part or the whole as may be appropriate, of any one of the punish- 
 ments therein enumerated: Provided, That the use of irons, single or 
 double, is hereby abolished except for the purpose of safe custody or 
 when part of a sentence imposed by a general court-martial/ 1 ) 
 
 AKTICLE 31. 
 
 A summary court-martial may disrate any rated person for incom- 
 petency. 
 
 .' 
 
38 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 ARTICLE 32. 
 
 No sentence of a summary court-martial shall be carried into 
 execution until the proceedings and sentence have been approved 
 by the officer ordering the court and by the commander-in-chief, 
 or, in his absence, by the senior officer present. And no sentence 
 of such court which involves loss of pay shall be carried into exe- 
 cution until the proceedings and sentence have been approved by 
 the Secretary of the Navy. 
 
 (Act of February 16, 1909, section 17, provides "That all sentences 
 of summary courts-martial may be carried into effect upon the ap- 
 proval of the senior officer present, * * *." 
 
 .Act of August 29, 1916, provides that "No sentence of a summary 
 court-martial shall be carried into execution until the proceedings 
 and sentence have been approved by the officer ordering the court, 
 or his successor in office, and by his immediate superior in command : 
 Provided, That if the officer ordering the court, or his successor in 
 office, be the senior officer present, such sentence may be carried into 
 execution upon his approval thereof.") 
 
 ARTICLE 33. 
 
 The officer ordering a summary court-martial shall have power 
 to remit, in part or altogether, but not to commute, the sentence 
 of the court. And it shall be his duty either to remit any part or 
 the whole of any sentence, the execution of which would, in the 
 opinion of the surgeon or senior medical officer on board, given in 
 writing, produce serious injury to the health of the person sentenced, 
 or to submit the case again, without delay, to the same or to another 
 summary court-martial, which shall have power, upon the testimony 
 already taken, to remit the former punishment and' to assign some 
 other of the authorized punishments in the place thereof. 
 
 (Act of February 16, 1909, section 9, provides " That the Secre- 
 tary of the Navy may set aside the proceedings or remit or mitigate 
 in whole or in part, the sentence imposed by any naval court-martial 
 convened by his order or by that of any officer of the Navy or Marine 
 Corps.") 
 
 ARTICLE 34. 
 
 The proceedings of summary courts shall be conducted with as 
 much conciseness and precision as may be consistent w r ith the ends 
 of justice and under such forms and rules as may be prescribed by 
 the Secretary of the Navy, with the approval of the President, and 
 all such proceedings shall be transmitted in the usual mode to the 
 Navy Department, where they shall be kept on file for a period of 
 two years from date of trial, after which time they may be destroyed 
 in the discretion of the Secretary of the Navy. 
 
 (This article was specifically amended as above given by the Act of February 
 16, 1909, section 14.) 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 39 
 
 ARTICLE 35. 
 
 Any punishment which a summary court-martial is authorized 
 to inflict may be inflicted by a general court-martial. 
 
 ARTICLE 36. 
 
 No officer shall be dismissed from the naval service except by the 
 order of the President or by sentence of a general court-martial ; and 
 in time of peace no officer shall be dismissed except in pursuance of 
 the sentence of a general court-martial or in mitigation thereof. 
 
 ARTICLE 37. 
 
 When any officer, dismissed by order of the President since 3d 
 March. 1865, makes, in writing, an application for trial, setting 
 forth, under oath that he has been wrongfully dismissed, the Presi- 
 dent shall, as soon as the necessities of the service may permit, con- 
 vene a court-martial to try such officer on the charges on which he 
 shall have been dismissed. And if such court-martial shall not be 
 convened within six months from the presentation of such applica- 
 tion for trial, or if such court, being convened, shall not award dis- 
 missal or death as the punishment of such officer, the order of dis- 
 missal by the President shall be void. 
 
 ARTICLE 38. 
 
 General courts-martial may be convened by the President, the 
 Secretary of the Navy, or the commander-in-chief of a fleet or 
 squadron; but no commander of a fleet or squadron in the waters 
 of the United States shall convene such court without express au- 
 thority from the President. 
 
 (Act of February 16, 1909, section 10, provides " That general 
 courts-martial may be convened by the President, by the Secretary 
 of the Navy, by the commander in chief of a fleet or squadron, and 
 by the commanding officer of any naval station beyond the conti- 
 nental limits of the United States." 
 
 Act of August 29, 1916, provides that a When empowered by the 
 Secretary of the Navy, general courts-martial may be convened by 
 the commanding officer of a squadron, of a division, of a flotilla, or of 
 a larger naval force afloat, and of a brigade or larger force of the 
 naval service on shore beyond the continental limits of the United 
 States : Provided, That in time of war, if then so empowered by the 
 Secretary of the Navy, general courts-martial may be convened by 
 the commandant of any navy yard or naval station, and by the com- 
 manding officer of a brigade or larger force of the Navy or Marine 
 Corps on shore not attached to a navy yard or naval station.") 
 
40 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 ARTICLE 39. 
 
 J general court-martial shall consist of not more than thirteen 
 nor less than five commissioned officers as members; and as many 
 officers, not exceeding thirteen, as can be convened without injury 
 to the service, shall be summoned on every such court. But in no 
 case, where it can be avoided without injury to the service, shall 
 more than one-half, exclusive of the president, be junior to the 
 officer to be tried. The senior officer shall always preside and the 
 others shall take place according to their rank. 
 
 ARTICLE 40. 
 
 The president of the general court-martial shall administer the 
 following oath or affirmation to the judge advocate or person 
 officiating as such : 
 
 " I, A B, do swear (or affirm) that I will keep a true record of the 
 evidence given to and the proceedings of this court; that I will 
 not divulge or by any means disclose the sentence of the court until 
 it shall have been approved by the proper authority; and that I 
 AY ill not at any time divulge or disclose the vote or opinion of any 
 particular member of the court, unless required so to do before a 
 court of justice in due course of law." 
 
 This oath or affirmation being duly administered, each member 
 of the court, before proceeding to trial, shall take the following 
 oath or affirmation, which shall be administered by the jtidge 
 advocate or person officiating as such : 
 
 " 1, A. B. do swear (or affirm) that I will truly try without preju- 
 dice or partiality, the case now depending, according to the evidence 
 which shall come before the court, the rules for the government of 
 the Navy, and my own conscience; that I will not by any means 
 divulge or disclose the sentence of the court until it shall have been 
 approved by the proper authority; and that I will not at any time 
 divulge or disclose the vote or opinion of any particular member of 
 the court, unless required so to do before a court of justice in due 
 course of law." 
 
 ARTICLE 41. 
 
 An oath or affirmation in the following form shall be administered 
 to 'all witnesses, before any court-martial, by the president thereof: 
 
 "You do solemnly swear (or affirm) that the evidence you shall 
 give in the case now before this court shall be the truth, the whole 
 truth, and nothing but the truth, and that you will state everything 
 within your knowledge in relation to the charges. So help you God 
 (or, 4 this you do under the pains and penalties of perjury ')." 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 41 
 
 ARTICLE 42. 
 
 Whenever any person refuses to give his evidence or to give it in 
 the manner provided by these articles, or prevaricates, or beha'ves 
 with contempt to the court, it shall be lawful for the court to im- 
 prison him for any time not exceeding two months. 
 
 (Act of February 16, 1909, sections 11 and 12, provides " That a 
 naval court-martial or court of inquiry shall have power to issue like 
 process to compel witnesses to appear and testify which United 
 States courts of criminal jurisdiction .within the State, Territory, 
 or District where such naval court shall be ordered to sit may law- 
 fully issue. 
 
 " That any person duly subpoenaed to appear as a witness before a 
 general court-martial or court of inquiry of the Navy, who willfully 
 neglects or refuses to appear, or refuses to qualify as a witness or to 
 testify or produce documentary evidence which such person may have 
 been legally subpoenaed to produce, shall be deemed guilty of a mis- 
 .demeanor, for which such person shall be punished on information in 
 the district court of the United States; and it shall be the duty of 
 the United States district attorney, 011 the certification of the facts 
 to him by such naval court, to file an information against and prose- 
 cute the person so offending, and the punishment of such person, on 
 conviction, shall be a fine of not more than five hundred dollars or 
 imprisonment not to exceed six months, or both, at the discretion of 
 the court: Provided, That this shall not apply to persons residing 
 beyond the State, Territory, or District in which such naval court is 
 held, and that the fees of such witness and his mileage at the rates 
 provided for witnesses in the United 1 States district court for the 
 State, Territory, or District shall be duly paid or tendered said wit- 
 ness, such amounts to be paid by the Bureau of Supplies and Ac- 
 counts out of the appropriation for compensation of witnesses : Pro- 
 vided further, That no witness shall be compelled to incriminate him- 
 self or to answer any question which may tend to incriminate or 
 degrade him.") 
 
 (For form of certificate see p. 381.) 
 
 ARTICLE 43. 
 
 The person accused shall be furnished with -a true copy of the 
 charges, with the specifications, at the time he is put under arrest; 
 and no other charges than those so furnished shall be urged against 
 him at the trial, unless it shall appear to the court that intelligence 
 of such other charge had not reached the officer ordering the court 
 when the accused was put under arrest, or that some witness mate- 
 rial to the support of such charge was at that time absent and can 
 be produced at the trial; in which case reasonable time shall be 
 given to the accused to make his defense against such new charge. 
 
 (See note under sec. 42.) 
 
42 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 ARTICLE 44. 
 
 Every officer who is arrested for trial shall deliver up his sword 
 to his commanding officer and confine himself to the limits assigned 
 him, on pain of dismissal from the service. 
 
 ARTICLE 45. 
 
 When the proceedings of any general court-martial have com- 
 menced, they shall not be suspended or delayed on account of the 
 absence of any of the members, provided five or more are assembled ; 
 but the court is enjoined to sit from day to day, Sundays excepted, 
 until sentence is given, unless temporarily adjourned by the au- 
 thority which convened it. 
 
 ARTICLE 46. 
 
 No member of a general court-martial shall, after the proceedings 
 are begun, absent himself therefrom, except in case of sickness, or of 
 an order to go on duty from a superior officer, on pain of being ' 
 cashiered. 
 
 ARTICLE 47. 
 
 Whenever any member of a court-martial, from any legal cause, 
 is absent from the court after the commencement of a case, all the 
 witnesses who have been examined during his absence must, when 
 he is ready to resume his seat, be recalled by the court, and the 
 recorded testimony of each witness so examined must be read over 
 to him, and such witness must acknowledge the same to be correct 
 and be subject to such further examination as the said member may 
 require. Without a compliance with this rule, and an entry thereof 
 upon the record, a member who shall have been absent during the 
 examination of a witness shall not be allowed to sit again in that 
 particular case. 
 
 ARTICLE 48. 
 
 Whenever a court-martial sentences an officer to be suspended, it 
 may suspend his pay and emoluments for the whole or any part of 
 the time of his suspension. 
 
 ARTICLE 49. 
 
 - 
 
 In no case shall punishment by flogging, or by branding, marking, 
 or tattooing on the body be adjudged by any court-martial or be 
 inflicted upon any person in the Navy. 
 
 ARTICLE 50. 
 
 . 
 
 No person shall be sentenced by a court-martial to suffer death, 
 except by the concurrence of two-thirds of the members present. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 43 
 
 and in the cases where such punishment is expressly provided in 
 these articles. All other sentences may be determined by a majority 
 of votes. 
 
 ARTICLE 51. 
 
 It shall be the duty of a court-martial, in all cases of conviction, 
 to adjudge a punishment adequate to the nature of the offense; but 
 the members thereof may recommend the person convicted as deserv- 
 ing of clemency, and state, on the record, their reasons for so doing. 
 
 ARTICLE 52. 
 
 The judgment of every court-martial shall be authenticated by the 
 signature of the president, and of every member who may be present 
 when said judgment is pronounced, and also of the judge advocate. 
 
 ARTICLE 53. 
 
 No sentence of a court-martial, extending to the loss of life, or to 
 the dismissal of a commissioned or warrant officer, shall be carried 
 into execution until confirmed by the President. All other sentences 
 of a general court-martial may be carried into execution on confirma- 
 tion of the commander of the fleet or officer ordering the court. 
 
 ARTICLE 54. 
 
 
 Every officer who is authorized to convene a general court-martial 
 shall have power, on revision of its proceedings, to remit or mitigate, 
 but not to commute, the sentence of any such court which he is 
 authorized to approve and confirm. 
 
 ( See act of February 16, 1909, section 9, quoted under article 33, A. G. N. ) 
 
 ARTICLE 55. 
 
 Courts of inquiry may be ordered by the President, the Secretary 
 of the Navy, or the commander of a fleet or squadron. 
 
 (Act of August 29, 1916, provides that " Courts of inquiry may be 
 convened by any officer of the naval service authorized by law to 
 convene general courts-martial.") 
 
 ARTICLE 56. 
 
 A court of inquiry shall consist of not more than three commis- 
 sioned officers as members, and of a judge advocate, or person offi- 
 ciating as such. 
 
 ARTICLE 57. 
 
 Courts of inquiry shall have power to summon witnesses, admin- 
 ister oaths, and punish contempts, in the same manner as courts- 
 26450 17 4 
 
44 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 martial; but they shall only state facts, and shall not give their 
 opinion, unless expressly required so to do in the order for convening. 
 
 (See act of February 16, 1909, sections 11 and 12, quoted under article 42, 
 A. G. N.) 
 
 ARTICLE 58. 
 
 The judge advocate, or person officiating as such, shall administer 
 to the members the following oath or affirmation : " You do swear 
 (or affirm) well and truly to examine and inquire, according to the 
 evidence, into the matter now before you, without partiality." After 
 which the president shall administer to the judge advocate, or person 
 officiating as such, the following oath or affirmation : " You do swear 
 (or affirm) truly to record the proceedings of this court and the 
 evidence to be given in the case in hearing." 
 
 ARTICLE 59. 
 
 The party whose conduct shall be the subject of inquiry, or his 
 attorney, shall have the right to cross-examine all the witnesses. 
 
 ARTICLE 60. 
 
 The proceedings of courts of inquiry shall be authenticated by 
 the signature of the president of the court and of the judge advo- 
 cate, and shall, in all cases not capital, nor extending to the dis- 
 missal of a commissioned or warrant officer, be evidence before a 
 court-martial, provided oral testimony can not be obtained. 
 
 (For construction of this article see C. M. O. 46, 1&17.) 
 
 ARTICLE 61. 
 
 
 
 No person shall be tried by court-martial or otherwise punished 
 ior any offense, except as provided in the following article, which 
 appears to have been committed more than two years before the 
 issuing of the order for such trial or punishment, unless by reason 
 of having absented himself, or for some other manifest impediment, 
 he shall not have been amenable to justice within that period. 
 
 (This article was specifically added by the act of February 25, 1895 (28 Stat., 
 680).) 
 
 ARTICLE 62. 
 
 No person shall be tried by court-martial or otherwise punished 
 for desertion in time of peace committed more than two years before 
 the issuing of the order for such trial or punishment, unless he shall 
 meanwhile have absented himself from the United States or by 
 reason of some other manifest impediment shall not have been 
 amenable to justice within that period, in which case the time of 
 his absence shall be excluded in computing the period of the limi- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 45 
 
 tation : Provided, That said limitation shall not begin until the end 
 of the term for which said person was enlisted in the service. 
 
 (This article was specifically added by the act of February 25, 1895 (28 Stat., 
 680). 
 
 ARTICLE 63. 
 
 Whenever, by any of the articles for the government of the Navy 
 of the United States, the punishment on conviction of an offense 
 is left to the discretion of the court-martial, the punishment there- 
 for shall not, in time of peace, be in excess of a limit which the 
 President may prescribe. 
 
 (See S ec. 390.) 
 
 (This article was specifically added by the act of February 27, 1895 (28 Stat., 
 689),) 
 
 (See note, p. 86, as to the construction of " officers " and " superior 
 officers" within the meaning of the Articles for the Government of 
 the Navy.) 
 
 The act of February 16, 1909 (35 Stat., 621), sections 1 to 7, 
 inclusive, provides : 
 
 SEC. 1. " That courts for the trial of enlisted men in the Navy and 
 Marine Corps for minor offenses now triable by summary court- 
 martial may be ordered by the commanding officer of a naval vessel, 
 by the commandant of a navy yard or station, by a commanding 
 officer of marines, or by higher naval authority. 
 
 (Act of August 29, 1916, provides that " Hereafter all officers of 
 the Navy and Marine Corps who are authorized to order either gen- 
 eral or summary courts-martial may order deck courts upon enlisted 
 men under their command, * * *.") 
 
 SEC. 2. " That such courts shall be known as ' deck courts,' and shall 
 consist of one commissioned officer only, who, while serving in such 
 capacity, shall have power to administer oaths, to hear and de- 
 termine cases, and to impose, in whole or in part, the punishments 
 prescribed by article thirty of the Articles for the Government of the 
 Navy: 1 Provided, That in no case shall such courts adjudge dis- 
 charge from the service or adjudge confinement or forfeiture of pay 
 for a longer period than twenty days. 
 
 SEC. 3. " That any person in the Navy under command of the officer 
 by whose order a deck court is convened may be detailed to act as 
 recorder thereof. 
 
 SEC. 4. " That the officer within whose command a deck court is 
 sitting shall have full power as reviewing authority to remit or miti- 
 gate, but not to commute, any sentence imposed by such court ; but no 
 
 1 See section 8 of this act, quoted iiijder article 30, A. G, Jf, 
 
46 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 sentence of a deck court shall be carried into effect until it shall 
 have been so approved or mitigated, and such officer shall have 
 power to pardon any punishment such court may adjudge. 2 
 
 SEC. 5. " That the courts hereby authorized shall be governed in all 
 details of their constitution, powers, and procedure, except as herein 
 provided, by such rules and regulations as the President may pre- 
 scribe. 
 
 SEC. 6. " That the records of the proceedings of the courts hereby 
 authorized shall contain such matters only as are necessary to enable 
 the reviewing authorities to act intelligently thereon, except that if 
 the party accused demands it within thirty days after the decision of 
 the deck court becomes known to him, the entire record or so much 
 as he desires shall be sent to the reviewing authority. Such records, 
 after action thereon by the convening authority, shall be forwarded 
 directly to, and shall be filed in, the office of the Judge Advocate 
 General of the Navy, where they shall be reviewed, and, when neces- 
 sary, submitted to the Secretary of the Navy for his action. 
 
 SEC. 7. " That no person who objects thereto shall be brought to 
 trial before a deck court. Where such objection is made by the per- 
 son accused, trial shall be ordered by summary or by general court- 
 martial as may be appropriate." 
 
 
 
 Section 1621 of the Eevised Statutes provides that " The Marine 
 Corps shall, at all times, be subject to the laws and regulations estab- 
 lished for the government of the Navy, except when detached for 
 service with the Army by order of the President ; and when so de- 
 tached they shall be subject to the rules and articles of war prescribed 
 for the government of the Army." 
 
 (By the act of August 29, 1916 (39 Stat., 651), it is provided that 
 " an officer or soldier of the Marine Corps when so detached may be 
 tried by military court-martial for an offense committed against the 
 laws of the government of the naval service prior to his detachment, 
 and for an offense committed against these articles [Articles of War] 
 he may be tried by a naval court-martial after such detachment 
 ceases.") 
 
 . 
 
 The act of August 29, 1916, provides that " Officers and enlisted 
 men of the Medical Department of the Navy, serving with a body 
 of marines detached for service with the Army in accordance with 
 the provisions of section sixteen hundred and twenty-one of the Re- 
 vised Statutes, shall, while so serving, be subject to the rules and 
 articles of war prescribed for the government of the Army in the 
 same manner as the officers and men of the Marine Corps while so 
 
 serving." 
 
 ~ 
 
 2 See section 9 of this act, quoted under article 33, A. G. N. 
 
IV. 
 
 JURISDICTION-DELIVERY OF MEN TO CIVIL 
 
 AUTHORITIES-HABEAS CORPUS 
 
 PROCEEDINGS. 
 
ill/JJ Or /ill/I 10 i}ld./jiU.U 
 M'lH- MAH-tfll 
 
JURISDICTION DELIVERY OF MEN TO CIVIL AUTHOR- 
 ITIESHABEAS CORPUS PROCEEDINGS. 
 
 20. Jurisdiction of a court. The jurisdiction of a particular court 
 is the legal power, right, or authority of such court to hear and 
 determine cases legally referred to it and to adjudge sentences within 
 prescribed limitations. 
 
 21. Jurisdiction of naval courts-martial. As naval courts-martial are 
 courts of limited jurisdiction, their records must show affirmatively 
 that they have authority to hear and determine cases coming before 
 them for trial. The jurisdiction of such courts-martial is statutory 
 and is limited to offenses created by the Articles for the Government 
 of the Navy and by other enactments of Congress. The jurisdiction 
 thus conferred is exclusively criminal in character and gives no 
 authority for adjudging damages for personal injuries or private 
 wrongs. It is solely for the purpose of the maintenance of naval 
 discipline. In order that a naval court-martial may conduct a legal 
 trial and adjudge a valid sentence, it is necessary that the jurisdic- 
 tion of such court be established. 
 
 22. Conditions necessary to show jurisdiction. The following are 
 necessary conditions to the jurisdiction of every naval court-martial : 
 
 (a) It must be convened by an officer duly empowered to do so. 
 
 (ft) It must be legally constituted; that is, it must be composed of 
 members authorized by statute to sit upon such court. 
 
 (c) There must be jurisdiction as regards to (1) place, (2) time, 
 (3) person, (4) offense. 
 
 As to (a) and (&), the statutory provisions controlling same are 
 quoted in Chapter III. As to (c) , considering each in turn : 
 
 23. Jurisdiction as to place. The jurisdiction orf naval courts- 
 martial, except where restricted by statute (see art. 6, A. G. N.), 
 extends not only to every part of the United States but also covers all 
 offenses of which it is authorized to take cognizance committed by 
 persons in the Navy, whether within or beyond such territorial limits. 
 
 24. Jurisdiction as to time. As courts-martial do not depend upon 
 a state of war for their jurisdiction, except in the case of a limited 
 number of offenses w r hich pertain solely to a state of war, the juris- 
 diction of naval courts is restricted in point of time only by the 
 operation of the statutes of limitation. (For the statutes of limita- 
 tion known to naval procedure see arts. 61 and 62, A. G. N., quoted 
 in Ch. III. In this connection see sec. 297; see also C. M. O. 27, 
 1913, 13-18.) 
 
 25. Jurisdiction as to persons. The jurisdiction of naval courts- 
 martial includes : 
 
 (1) Officers and enlisted men of the regular naval service, includ- 
 ing retired officers. (R. S., 1457.) Members of the naval service be- 
 
 49 
 
50 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 come amenable to the jurisdiction of courts-martial upon their entry 
 into such service. Except for the offenses provided for in article 14, 
 A. G. N., this amenability both as to officers and enlisted men 
 ceases upon their separation from the service, whether by resignation, 
 dismissal, discharge, or other lawful method of separation. But 
 where proceedings with a view to trial have been instituted before 
 such separation, the naval jurisdiction attaches, and, once attached, 
 continues, A court-martial, having acquired jurisdiction by a proper 
 commencement of proceedings, can not be divested of it by any sub- 
 sequent change in the status of the accused. (Barrett v. Hopkins, 
 7 Fed., 312; see C. M. O. 26, 1917.) 
 
 (2) Midshipmen at the Naval Academy. They are made amenable 
 to trial by general court-martial by statute. (28 Stat, 838.) They 
 are also amenable to trial by special Naval Academy court-martial 
 for the offense of hazing. (See Ch. X.) 
 
 (3) Members of the National Naval Volunteers when employed in 
 active service in time of emergency. (Act of Aug. 29, 1916, 39 
 Stat, 593.) 
 
 (4) Members of the Naval Keserve Force (including Marine Corps 
 Reserve) whenever actively employed with the Navy (Marine 
 Corps) . (Act of Aug. 29, 116, 39 Stat., 587.) 
 
 (5) Members of the Naval Militia when called into the service 
 of the United States by order of the President. (Act of Feb. 16, 
 1914, 38 Stat., 284.) 
 
 (6) Members of the Coast Guard "whenever, in time of war, the 
 Coast Guard operates as a part of the Navy in accordance with law." 
 (39 Stat., 600.) The law prescribes that the Coast Guard shall 
 operate as a part of the Navy " in time of war or when the President 
 shall so direct." (38 Stat, 800.) 
 
 (7) Members of the Public Health Service when serving on Coast 
 Guard vessels in time of war, or detailed in time o'f war for duty 
 with the Navy. (Act of July 9, 1917.) 
 
 (8) Members of the Lighthouse Service when serving with the 
 Navy by order of the President. (Act of Aug. 29, 1916, 39 Stat., 
 602.) 
 
 (9) Members of the Coast and Geodetic Survey Service when serv- 
 ing with the Navy by order of the President. (Act of May 22, 1917.) 
 
 (10) De facto enlisted men. A fraudulent enlistment is still an 
 enlistment, and a man so enlisting is de facto in the service and 
 subject to the jurisdiction of a court-martial. 
 
 (11) Persons discharged from the Navy, being guilty of certain 
 offenses while in the naval service. ( See art. 14, A. G. N. ) 
 
 (12) Certain civilians in time of war. (See art. 5, A. G. N.) 
 
 26, Jurisdiction as to offenses. As naval courts-martial are courts 
 of statutory jurisdiction, statutory authority must be found for 
 
INSTRUCTIONS FOB COURTS AND BOARDS. 51 
 
 offenses chargeable before such courts. Such authority is contained 
 in the Articles for the Government of the Navy (Ch. Ill), which 
 define specific offenses against naval law and comprehend other 
 offenses by one broad provision (art. 22). 
 
 27. Concurrent jurisdiction, Courts-martial have exclusive jurisdic- 
 tion to try offenders for acts constituting offenses against naval law 
 only ; they also have authority to try offenders for certain acts which, 
 besides constituting offenses against naval law, are also civil crimes 
 of which civil courts may take cognizance. In such cases the same 
 act may be an offense both against naval law and against a State or 
 foreign law if committed within the jurisdiction of a State or foreign 
 government. Therefore, when such offender has been brought to 
 trial in a State or foreign court, he may, nevertheless, thereafter be 
 brought to trial by naval court-martial notwithstanding his convic- 
 tion and punishment or his acquittal by such civil court, and vice 
 versa. But when an act, prohibited both by naval law and the civil 
 law of the Federal Government, is committed within Federal juris- 
 diction, and the offender is tried either by a court-martial or a Fed- 
 eral civil court, both of which derive their jurisdiction from the 
 same source the Federal Government then the same act constitutes 
 but one offense, namely, an offense against the United States, and 
 trial by either is a bar to trial by the other on the ground of former 
 jeopardy. (Graf ton v. United States^ 206 U. S., 333.) 
 
 28. Appellate jurisdiction. When a court-martial is lawfully con- 
 stituted, has jurisdiction of the person and of the offense of an 
 accused, and the sentence imposed is a legal one, civil courts are 
 without power to review its proceedings. When the proceedings, 
 findings, and sentence in such case have been approved by the proper 
 naval authority, such approval is final and there is no other tribunal 
 to which an appeal can be taken. But when a court-martial is not 
 legally constituted, is without jurisdiction, of adjudges an illegal 
 sentence, its proceedings may be attacked in the proper Federal civil 
 court either by means of a writ of habeas corpus where there is 
 unlawful restraint, or, in the case of illegal dismissal, by bringing 
 suit for pay thereby withheld. 
 
 29. Delivery of men to civil authorities, 
 
 (1) Commanding officer must notify department and aw ait instruc- 
 tions. In no case will commanding officers of vessels or shore sta- 
 tions of the Navy or Marine Corps deliver to the civil authorities, 
 State or Federal, any person in their custody or under their control 
 without first communicating with the Secretary of the Navy and 
 awaiting his instructions in the premises. The Secretary of the 
 Navy will promptly issue the necessary orders in the case or make 
 request upon the Attorney General, in accordance with Title VIII 
 of the Eevised Statutes of the United States, to furnish such legal 
 
52 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 assistance to the commanding officer concerned as the interests of the 
 United States involved in such case may demand. (See par. 7, 
 below.) 
 
 (2) The words "in no case," as used in the above paragraph, are 
 intended to refer to every case in which the civil authorities, Federal 
 or State, request or demand the delivery to them of any officer or 
 enlisted man in the Navy or Marine Corps, whether for the purpose 
 of determining the legality of his detention by the naval authorities, 
 or of trying him for a violation of the Federal or State laws, or of 
 securing the testimony of a naval prisoner as a witness in a civil 
 court. The instructions contained in the above paragraph accord- 
 ingly apply to and include all cases in which writs of habeas corpus, 
 requisitions of the governor or chief executive of any State, warrants 
 ad testificandum, or other civil process of any kind are served on 
 commanding officers of the Navy or Marine Corps, afloat or ashore, 
 for the purpose of securing the delivery of any person under their 
 control to such civil authorities. ( See par. 10, below. ) 
 
 (3) In such cases occurring outside of the District of Columbia, 
 the report to the Secretary of the Navy will be telegraphic, to be 
 followed immediately by letter containing full statement of the facts. 
 In order to expedite action, the telegraphic report will be addressed 
 to the Secretary of the Navy direct, and the first words in the 
 message will be " For Judge Advocate General." 
 
 (4) Habeas corpus proceedings, Federal courts. In this connec- 
 tion there is quoted for the information of the service section 
 756 of the Eevised Statutes of the United States, which prescribes 
 the time allowed for making return to writs of habeas corpus issued 
 by the Federal courts : 
 
 "Any person to whom such writ is directed, shall make due return 
 thereof within three days thereafter, unless the party be detained 
 beyond the distance of twenty miles ; and if beyond that distance and 
 not beyond a distance of a hundred miles, within ten days; and if 
 beyond the distance of a hundred miles, within twenty days." 
 
 (5) The officer upon whom such a writ of habeas corpus is served 
 can not be required to obey same in any shorter period after the 
 service of the writ than that specified in the above section of the Re- 
 vised Statutes, even though the writ should in terms require that 
 the person named therein be produced " forthwith," or " immedi- 
 ately," or at a specified time. (Ex parte Baez, 177 U. S., 389; 
 United States v. Bollman, 24 Fed. Cas., 1190.) 
 
 (6) The United States Revised Statutes contain the following 
 further provisions concerning habeas corpus proceedings instituted 
 in the Federal courts: 
 
 " SEC. 757. The person to whom the writ is directed shall certify 
 to the court or justice or judge before whom it is returnable the true 
 cause of the detention of such party. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 53 
 
 " SEC. 758. The person making the return shall at the same time 
 bring the body of the party before the judge who granted the writ. 
 
 " SEC. 759. When the writ is returned, a day shall be set for the 
 hearing of the cause, not exceeding five days thereafter, unless the 
 party petitioning requests a longer time." 
 
 (7) In accordance with the foregoing sections of the Re vised 
 Statutes, should instructions for any reason not be received by the 
 commanding officer from the Secretary of the Navy by the last day 
 of the period allowed by law for making return to a writ of habeas 
 corpus issued by a Federal court, the commanding officer will 
 certify to the court or justice or judge before whom the writ is re- 
 turnable the true cause of the detention of the party, if in his cus- 
 tody, and will at the same time bring the body of the said party be- 
 fore the judge who granted the writ, and request the court to delay 
 the hearing of the cause for the full period of five days allowed by 
 law, so that further opportunity may be afforded for the receipt of 
 instructions in the premises from the Secretary of the Navy. If the 
 party is not in the custody of the officer to whom the writ is directed, 
 he will so state in his return. (As to definition of "custody," see 
 Wales v. Whitney, 114 U. S., 564.) 
 
 (8) Habeas corpus proceedings, /State courts. State courts have 
 no jurisdiction in habeas corpus proceedings to order the discharge 
 of any person held by an officer of the Navy or Marine Corps by au- 
 thority of the United States; however, in the event that a writ of 
 habeas corpus should be issued by a State court to a commanding 
 officer of the Navy or Marine Corps, afloat or ashore, the Secretary 
 of the Navy will be communicated with immediately in accordance 
 with paragraph three of this order; and should instructions not be 
 received by the commanding officer from the Secretary of the Navy 
 by the time specified in the writ, or if no definite time be specified 
 therein, within three days after the service of the writ (United States 
 v. Bollman, 24 Fed. Cas., 1190) the officer upon whom the writ is 
 served will make return thereto in accordance with instructions in 
 section 32, without producing the body of the party in court. 
 
 (9) Delivery of men to State authorities for trial. In every case 
 in which the Secretary of the Navy authorizes the delivery of any 
 person in the Navy or Marine Corps to the civil authorities of a 
 State for trial, the senior officer present will, before making such 
 delivery, obtain from the governor or other duly authorized officer 
 of such State assurance that the person so delivered will be returned 
 to the naval authorities at the place of his delivery without expense 
 to the United States, immediately upon the completion of his trial 
 for the alleged misconduct which occasioned his delivery to the civil 
 authorities in the event that he is acquitted upon said trial, or imme- 
 diately upon satisfying the sentence of the court in the event that he 
 is convicted and a sentence imposed, or upon other disposition of his 
 
54 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 case, provided that the naval authorities shall then desire his return. 
 (Instructions of the Secretary of the Navy, Mar. 7, 1908, file 425-2; 
 Apr. 1, 1908, file 2928-8; June 19, 1912, file 26524-45; Feb. 12, 1914, 
 file 26524-57; June 26, 1914, file 26524-61; see also file 26524-04; 
 
 1579-03; G. O., No. 18, U. S. M. C., Mar. 29, 1909.-) (See par. 12, 
 
 t \ 
 
 below.) 
 
 (10) The instructions contained in paragraphs 1 and 9 include 
 cases where the delivery of a person in the Navy or Marine Corps 
 attached to a navy yard or station, or serving on board a vessel at 
 such yard or station, is demanded by the civil authorities of the State 
 in which such navy yard or station is located, although such State 
 has expressly retained jurisdiction to serve civil or criminal process 
 within the limits of the navy yard or station in question. (Decision 
 of the Secretary of the Navy, Feb. 12, 1914, file 26524-57.) 
 
 (11) Action where men are convicted by civil authorities. Incases 
 in which men delivered to the civil authorities for trial are convicted, 
 the commanding officer will make full report of the offense and sen- 
 tence to the Bureau of Navigation or the commandant of the Marine 
 Corps, as the case may be, with recommendation as to whether the 
 man should be discharged as undesirable. (File 1579-03, Feb. 14, 
 1903, and June 11, 1903.) 
 
 (12) Form of agreement as to expenses. The following is sug- 
 gested as a form of agreement acceptable to the department in cases 
 referred to in paragraph 9 : 
 
 " In consideration of the delivery of , United 
 
 States Navy (or United States Marine Corps), to , 
 
 at . , for trial upon the charge 
 
 of , I hereby agree, pursuant to 
 
 the authority vested in me as , that said 
 
 will be returned to the naval authorities at the aforesaid place of 
 his delivery without expense to the United States immediately upon 
 the completion of his trial upon the charge aforesaid in the event 
 that he is acquitted upon said trial, or immediately upon satisfying 
 the sentence of the court in the event that he is convicted and a 
 sentence imposed, or upon other disposition of his case, provided 
 that the naval authorities shall then desire his return." 
 
 (The department considers this agreement substantially complied with when the man 
 is furnished transportation back to his station and necessary cash to cover his inci- 
 dental expenses en route thereto and the Navy Department so informed.) 
 
 (13) Agreement not required of Federal authorities. An agree- 
 ment as to expenses will not be exacted as a condition to the delivery 
 of men to the Federal authorities, either in response to writs of habeas 
 corpus, as witnesses, or for trial. However, in such cases the expenses 
 will be defrayed as follows: The person who produces a man in a 
 Federal court in response to a writ of habeas corpus or as a witness 
 will keep an accurate account of expenses, and present same to the 
 United States marshal for the district in which the court is sitting, 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 55 
 
 who is the proper officer to settle such account, including the expenses 
 of the return trip. (File 26251-8684: 2 & 4.) Men desired by the 
 Federal authorities for trial will be called for and taken into custody 
 by a United States marshal or deputy marshal; in such case the 
 expense of transporting the man to the place of trial will, of course, 
 be defrayed by the marshal. The question whether the man in such 
 case may be returned to the Navy at the expense of the United States 
 if not convicted, and if so, what appropriation is available therefor, 
 has not been settled. (See 14 Comp. Dec., 824; 87 S. & A. Memo., 
 713.) 
 
 (14) Governor's requisition necessary in certain cases. -In cases 
 in which the delivery of any person in the Navy or Marine Corps for 
 trial is desired by the civil authorities of a State, and such person is 
 not attached to or serving at a navy yard or other place within the 
 limits of said State, requisition for the delivery of the party must be 
 made by the governor or chief executive of such State, addressed to 
 the Secretary of the Navy, showing that the party desired is charged 
 w r ith a crime in that State for which he could be extradited under 
 the Constitution of the United States, the enactments of Congress, and 
 the laws of the State desiring his delivery. (File 26524-61, June 1, 
 1914; 26524r-62, June 22, 1914; 2 Op. Atty. Gen., 10.) Such requi- 
 sition may be forwarded to the Secretary of the Navy by mail for 
 preliminary examination, together with the appointment of the agent 
 of the State to whom it is desired that delivery be made. Thereupon, 
 if the papers are found to be in due form, the Secretary of the Navy 
 will send the necessary authorization to the designated agent permit- 
 ting him to take the party into custody upon compliance with 
 paragraph 9, above. (File 26524-64r-69-83. ) 
 
 (15) Naval prisoners wanted by civil authorities for trial. In 
 any case in which the delivery of a person in the Navy or Marine 
 Corps for trial is desired by the civil authorities, Federal or State, 
 and such person is a naval prisoner (which includes any person 
 serving sentence of court-martial or in custody awaiting trial by 
 court-martial or disposition of charges against him), he will not in 
 general be delivered to the Federal or State authorities until he has 
 served the sentence of the naval court-martial, or his case has other- 
 wise been finally disposed of by the naval authorities. (File 26251- 
 164, June 4 and Oct. 19, 1908; 26251-5546: 1, Jan. 20, 1912; 26251- 
 6397: l,Aug. 28, 1912; letter of Attorney General to Secretary of 
 the Navy, Apr. 16, 1907, No. 99858, N. D. file 6674-33 ; 7538-142, Dec. 
 3, 1913; 7538-74, Oct. 4, 1909; Army Digest, 1912, 135 D.) How- 
 ever, if the Federal or State authorities desire the surrender of the 
 party under the above circumstances upon a serious charge, such as 
 felonious homicide, and the interests of justice would be better sub- 
 served by his delivery, the Secretary of the Navy may, in his discre- 
 
56 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 tion, discharge the man from naval custody and from his contract of 
 enlistment and deliver him to the civil authorities for trial. (File 
 26251-2798:2, Jan. 24, 1910; Army Digest, 1912, 135 D, 130.) 
 
 (16) Naval prisoners as witnesses or parties in civil courts. If 
 the Federal or State authorities desire the attendance of a naval 
 prisoner (see par. 15 above) as a witness in a criminal case pending 
 in a civil court, upon the submission of such a request to the Secre- 
 tary of the Navy authority will be given in a proper case for the 
 production of the man in court without resort being had to a writ 
 of habeas corpus ad testificandum. (File 26251-8684:2, June 10, 
 1914; 26276-93, May 29, 1914; 26276-40, June 10, 1912; 26276-33, 
 June 5, 1911; 26276-17, Nov. 10, 1909; Army Digest, 1912, 221 a.) 
 The department, however, will not authorize the attendance of a 
 naval prisoner in a Federal or State court, either as a party or as a 
 witness in private litigation pending before such court, as in such 
 cases the court may grant a postponement or a continuance of the 
 trial; but the department will allow the deposition of such naval 
 prisoner to be taken in the case. (File 26251-4913 : 1, Oct. 12, 1911 ; 
 26276-36, Dec. 9, 1911.) 
 
 (17) Men released by civil authorities on bail. Where a person 
 in the Navy or Marine Corps is arrested by the Federal or State 
 authorities for trial and returns to his ship or station on bail, the 
 commanding officer may grant him leave of absence to appear for 
 trial on the date set upon an official statement by the judge, prose- 
 cuting attorney, or clerk of the court, reciting the facts, giving the 
 date on which the appearance of the man is required, and the ap- 
 proximate length of time that should be covered by such leave of 
 absence. (File 5322, May 23, 1906; 26524-45, June'l9, 1912; Army 
 Digest, 137 K.) 
 
 (18) Service of subpoenas Leave of absence granted Produc- 
 tion of records in court Preliminary examination of records. In 
 cases in which the Federal or State authorities desire to subpoena 
 any person in the Navy or Marine Corps other than a naval prisoner 
 as a witness, the following instructions will govern : 
 
 (a) Commanding officers afloat or ashore are authorized to per- 
 mit the service of such process upon the person named therein, but 
 service will not be allowed without such permission of the command- 
 ing officer first being obtained. In cases in which service by mail 
 is legally sufficient, the papers may be addressed to the commanding 
 officer with request that they be delivered to the man named therein. 
 (File 6769-21, July 19, 1911; 26524-59, May 1, 1914.) 
 
 (&) In such cases the commanding officer is authorized to grant 
 leave of absence to the person subpoenaed in order to permit him to 
 obey such subpoena, unless the public interests would be seriously 
 prejudiced by his absence, in which case full report of the matter 
 
INSTRUCTIONS FOB COURTS AND BOARDS. 57 
 
 should be made to the department. (File 26276, Apr. 27, 1908, 
 May 19, 1908, June 9, 1908.) This includes cases in which the party 
 is subpoenaed as a witness before a general court martial of a State. 
 (File 7022-3, Oct. 12, 1907.) 
 
 (c) Officers of the Navy or Marine Corps are prohibited from 
 producing official records or copies thereof in a State court in answer 
 to subpoenas duces tecum, or otherwise, without first obtaining au- 
 thority therefor from the Secretary of the Navy. (File 26276-26, 
 June 16, 1910; Boske v. Comingore, 177 U. S., 460.) In all cases 
 where copies of records are desired by or on behalf of parties to a 
 suit, whether in a Federal or State court, such parties will be in- 
 formed that it has been the invariable practice of the Navy Depart- 
 ment to decline to furnish in the case of legal controversies, at the 
 request of the parties litigant, copies of papers or other informa- 
 tion to be used in the course of the proceedings, or to grant per- 
 mission to such parties or their attorneys to make preliminary OP 
 informal examination of the records, but that the department will 
 promptly furnish copies of papers or records in such cases upon 
 call of the court before which the litigation is pending. (File 5467-8, 
 Mar. 27, 1907; 12475-46, July 12, 1913; Boske 'v. Comingore, 177 
 U. S., 461 ; file 12475-52: 1, Aug. 7, 1914.) 
 
 30. Return to writ of habeas corpus by United States court. The 
 return to a writ of habeas corpus issued by a United States court 
 shall be made in accordance with the following form. A copy of 
 the brief of authorities set forth in section 33 shall be filed with the 
 return. 
 
 ,_ 
 
 RETURN TO WRIT OF HABEAS CORPUS ISSUED BY A UNITED STATES 
 
 ~ T 
 
 COURT OR JUDGE. 
 
 In the District Court of the United States for the (Eastern) District 
 
 of (Virginia). 
 
 Tn the matter of 1 
 
 | Return of respondent. 
 A F. B . J 
 
 UPON APPLICATION FOR WRIT OF HABEAS CORPUS. 
 
 To the Honorable G H. R , Judge of said Court (or 
 
 To the said Court) : 
 
 1. Comes now M H. C , captain, U. S. Navy (or 
 
 U. S. Marine Corps), commanding officer of the , and by 
 
 way of return to the writ of habeas corpus issued herein, states, in 
 conformity with the provisions of section 757 of the Revised Stat- 
 utes of the United States, as follows, to wit : 
 
 2. That the said A F. B enlisted in the United 
 
 States Navy (or in the United States Marine Corps) as on 
 
58 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 the day of , 19 , at (Boston, Massachusetts), for a term 
 
 of four years from that date. 
 
 3. That the said A F. B , at the time of his enlist- 
 ment as aforesaid, stated on oath that he was born on the day 
 
 O f ? 1 9 thus making him more than eighteen years of age, 
 
 as will appear from a copy of the enlistment record of said A 
 
 F. B , hereto attached as a part of this return ; that since the 
 
 enlistment of said A F. B he has received pay and 
 
 allowances from time to time thereunder; that on the day of 
 
 , 19 , the said A F. B was detained and recom- 
 mended for trial by general court-martial for fraudulent enlist- 
 ment in the United States Navy, in violation of the act of Congress 
 approved March 3, 1893, United States Statutes at Large, volume 
 twenty-seven, page seven hundred and sixteen; and that said action 
 was before the issuing of the writ herein. 
 
 4. That the said A F. B deserted from said United 
 
 States Navy (or United States Marine Corps) at (Boston, Massachu- 
 setts), on the day of , 19 , and remained absent in deser- 
 tion until he was apprehended at (Norfolk, Virginia) , on the day 
 
 of ? 19 ? an( j wa s thereupon committed to the custody of 
 
 the respondent, as commanding officer of the ; and that the 
 
 said A F. B was detained and recommended for trial 
 
 by general court-martial for said offense of desertion in violation 
 of section 1624 of the Eevised Statutes of the United States. 
 
 5. That the said A F. B has been duly arraigned 
 
 and tried for the said offenses before a general court-martial con- 
 vened by order of the Secretary of the Navy (and is now held, 
 awaiting the action of the convening authority upon the proceedings 
 and findings of said court) (or was convicted thereof by said court 
 
 and was sentenced to , which sentence was approved (or 
 
 was mitigated to and approved) on the day of , 
 
 19 } by the Secretary of the Navy, as required by article 53, sec- 
 tion 1624, of the Revised Statutes of the United States. (A copy 
 of the order promulgating said sentence and the action of the Sec- 
 retary of the Navy thereon is hereto attached). 
 
 6. This respondent here produces in court the body of the said 
 
 A F. B , as commanded by the writ of habeas corpus 
 
 issued in this matter as aforesaid, but he prays that your honor 
 
 (or this honorable court) will refuse to discharge the said A 
 
 F. B and will return and remand him to the custody of this 
 
 respondent. 
 
 Respectfully submitted. 
 
 M H. C , 
 
 Captain, U. S. Navy, Commanding . 
 
 G 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 59 
 
 Var. 1. // the offense is not fraudulent enlistment by a minor 
 under 18 years of age, omit paragraph 3 above. 
 
 Var. 2. // the offense is fraudulent enlist by a minor under 18 
 years of age without desertion, omit paragraph 4 above. 
 
 Var. 3. // the offense is neither fraudulent enlistment ~by a minor 
 under 18 years of age nor desertion, omit paragraphs 3 and 4 above 
 and substitute an appropriate description of the offense for which the 
 accused is detained, and state whether or not he has been recom- 
 mended for trial by general court-martial for said offense. 
 
 Var. 4. // the accused has not been tried by general court mar- 
 tial, omit paragraph 5 above. 
 
 (See section 29 (4), (5), (6), (7). 
 
 31. If decision is adverse, an appeal shall be noted. Should the court, 
 Federal or State, render a decision adverse to the United States, the 
 officer making the return, or counsel, should note an appeal pending 
 instructions from the Navy Department, and he shall report to the 
 Judge Advocate. General of the Navy immediately the action taken 
 by the court and forward to the Judge Advocate General, direct, a 
 copy of the opinion of the court as soon as it can be obtained. 
 
 32. Return to writ of habeas corpus by a State court. The return to 
 a writ issued by a State court shall be made in accordance with 
 the following form. No copy of the brief set forth in section 33 shall 
 be filed with the return to the writ of habeas corpus issuing from a 
 State court. 
 
 RETURN TO WRIT OF HABEAS CORPUS BY A STATE COURT. 
 
 In re A. - P. M , private, U. S. Marine Corps. 1 
 
 Writ of habeas corpus. Return of respondent. 
 (When the writ issues from a State court, the return is made in 
 the same manner -as to a United States court, with the exception of 
 the concluding paragraph, which should be in the following form:) 
 And the said respondent further makes return that he has not 
 produced the body of the said A P. M , because he holds 
 him by authority of the United States as above set forth, -and that 
 this court (or, your honor, as the case may be} is without jurisdic- 
 tion in the premises, and he respectfully refers to the decisions of 
 the Supreme Court of the United States in Ableman v. Booth (21 
 Howard, 506), and Tarble's case (13 Wallace, 397), as authority 
 for his action, and prays this court (or, your honor) to dimiss the 
 writ. 
 
 W X. Y , 
 
 Captain, U. S. Navy, 
 
 Commanding . 
 
 (See section 29 (8). 
 
 26450 17 5 
 
60 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 33. Brief to be filed with return to a writ of habeas corpus issued by a 
 United States court. 
 
 JUDGMENTS OF COURTS MARTIAL ACTING WITHIN THEIR JURISDICTION 
 ARE NOT OPEN TO REVIEW BY CIVIL COURTS. 
 
 It is well settled by the authorities that the civil courts have no 
 power to review the proceedings of a legally constituted court mar- 
 tial except for the purpose of determining (a) whether such court 
 was acting within its jurisdiction; and (b) whether its sentence was 
 in accordance with law, and was duly approved by the proper mili- 
 tary authority. 
 
 In the leading case of Dynes v. Hoover (20 How., 55, 82), it was 
 said by Mr. Justice Wayne in delivering the opinion of the court : 
 
 With the sentences of courts-martial which have been con- 
 vened regularly, and have proceeded legally, and by which 
 punishments are directed, not forbidden by law, or which are 
 according to the laws and customs of the sea, civil courts have 
 nothing to do, nor are they in any way alterable by them. If 
 it were otherwise, the civil courts would virtually administer 
 the rules and articles of war, irrespective of those to whom 
 that duty and obligation has been confided by the laws of the 
 United States, from whose decisions no appeal or jurisdiction 
 of any kind has been given to the civil magistrate or civil 
 courts. 
 
 Substantially the same proposition has been affirmed in an un- 
 broken line of authorities as often as the question has been pre- 
 sented. Thus, in Carter v. Roberts (177 U. S., 496), it was said : 
 
 Courts-martial are lawful tribunals, with authority to finally 
 determine any case over which they have jurisdiction, and 
 their proceedings, when confirmed as provided, are not open 
 to review by the civil tribunals, except for the purpose of 
 ascertaining whether the military court had jurisdiction of 
 the person and subject matter, and whether, though having 
 such jurisdiction, it had exceeded its powers in the sentence 
 pronounced. 
 
 The above extract from Carter v. Roberts was quoted with ap- 
 proval in Carter v. McClaughry (183 U. S., 401), in which case the 
 court further stated: 
 
 We must not be understood by anything we have said as in- 
 tending in the slightest degree to impair the salutary rule 
 that the sentences of courts-martial, when affirmed by the mili- 
 tary tribunal of last resort, can not be revised by the civil 
 courts save only when void because of an absolute want of 
 power, and not merely voidable because of the defective exer- 
 cise of power possessed. 
 
 Specifically, it has been decided that where the military authori- 
 ties proceed regularly within their jurisdiction they can not be inter- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 61 
 
 f ered with " no matter what errors may be committed in the exercise 
 of their lawful jurisdiction" (In re McVey, 23 Fed. Rep., 878). 
 
 Again in the case of Swaim v. United States (28 Ct. Cls., 217, 
 affirmed 165 U. S., 563), it was stated: 
 
 Undoubtedly errors are committed by courts-martial which 
 a civil tribunal would regard as sufficient ground for a re- 
 , yersal for their judgments if it were sitting as an appellate 
 court. But there is always this radical difference between an 
 appellate court sitting for the correction of errors and a civil 
 court into which the record of a court-martial is collateral 
 in the former there is not a failure of justice; the appellate 
 court may reverse a judgment or prescribe another or award 
 a new trial ; in the latter, the court must either give full effect 
 to the sentence or pronounce it wholly void. 
 
 That the judgments of courts martial acting within their juris- 
 diction can not be reviewed by civil courts for errors of. procedure, 
 even when such errors are in direct contravention of statutes, see 
 Ex parte Tucker (212 Fed. Rep., 569). 
 
 The authorities above cited were applied in the case of Ex parte 
 Dickey (204 Fed Rep., 322), in which it was held that: 
 
 Where a court-martial had jurisdiction to try petitioner 
 for an offense against the naval regulations and to impose 
 sentence authorized thereby, a civil court in a habeas corpus 
 proceeding could only review the question of jurisdiction, and 
 could not pass on alleged errors of law committed by the court- 
 martial or on the severity of the sentence imposed. 
 
 In cases which do not extend to the loss of life or to the dismissal 
 of a commissioned or warrant officer, the Secretary of the Navy 
 is " the final reviewing authority provided by law to act upon rec- 
 ords of courts-martial." (Ex parte Dickey, 204 Fed. Rep., 322, 
 326.) Where the court was ordered by the Secretary of the Navy, 
 its sentence can not be carried into effect until confirmed by him 
 (Dynes v. Hoover, 20 How., 81) ; where the court was ordered by 
 an officer of the Navy vested with such authority, its sentence may 
 be carried into execution on confirmation by such officer. (Sec. 1624, 
 Revised Statutes, art. 53.) Where the sentence extends to loss of life, 
 or to the dismissal of a commissioned or warrant officer, it can not 
 be carried into execution until confirmed by the President. (Sec. 
 1624, Revised Statutes, art. 53.) In any of these cases, where the sen- 
 tence has been so confirmed by the proper reviewing officer, "it 
 becomes final, and must be executed, unless the President pardons the 
 offender. It is in the nature of an appeal to the officer ordering the 
 court, who is made by the law the arbiter of the legality and propriety 
 of the court's sentence. When confirmed, it is altogether beyond 
 the jurisdiction or inquiry of any civil tribunal whatever, unless it 
 shall be in a case in which the court had not jurisdiction over the 
 subject matter or charge, or one in which, having jurisdiction over 
 
62 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 the subject matter, it has failed to observe the rules prescribed by the 
 statute for its exercise." (Dynes v. Hoover, 20 How., 81.) As to the 
 effect of confirmation of the sentence "by the military tribunal of 
 last resort," see also Carter v. McClaughry (183 U. S., 401) and Ex 
 parte Dickey (204 Fed. Rep., 322, 326). 
 
 .[II.] 
 
 SUFFICIENCY OF CHARGES AND SPECIFICATIONS. 
 
 In accordance with the established procedure, naval courts-martial, 
 at the outset of a trial, examine the charges and specifications and 
 determine whether or not they are " in due form and technically 
 correct." The decision of the court-martial on this point is not sub- 
 ject to review by a civil court. 
 
 "Where a charge against a person tried by a military court is 
 within the court's jurisdiction, and is authorized by the Army or 
 Navy Regulations, the manner of setting out the offense is a matter 
 of pleading, rather than jurisdiction, the sufficiency of which is for 
 the exclusive determination of the court-martial." (Ex parte 
 Dickey, 204 Fed. Rep., 322.) 
 
 In the case of Carter v. McClaugfiry (183 U. S., 355, 400), it was 
 contended that the offense of embezzlement by an officer of the Army 
 was erroneously charged as a violation of article 62, Articles of 
 War (sec. 1342, Revised Statutes), which provides for the punish- 
 ment of offenses " to the prejudice of good order and military disci- 
 pline." In overruling this contention, it was stated by the Supreme 
 Court : 
 
 We should suppose that embezzlement would be detrimental 
 to the service within the intent and meaning of the article, 
 but it is enough that it was peculiarly for the court-martial 
 to determine whether the crime charged was "to the prejudice 
 of good order and military discipline." (Swaim v. United 
 States, 165 U. S., 553; Smith v. Whitney, 116 U. S., 178; 
 United States v. Fletcher, 148 U. S., 84.) 
 
 In Swaim v. United States, which involved a sentence un- 
 der the 62d Article of War, Mr. Justice Shiras, delivering the 
 opinion, said : " But, as the authorities heretofore cited show, 
 this is the very matter that falls within the province of courts- 
 martial, and in respect of which their conclusions can not be 
 controlled or reviewed by the civil courts. As was said in 
 Smith v. Whitney (116 U. S., ITS), 'of questions not depend- 
 ing upon the construction of the statutes, but upon unwritten 
 military law or usage, within the jurisdiction of courts-mar- 
 tial, military or naval officers, from their training and expe- 
 rience in the service, are more competent judges than the 
 courts of common law. * * * Under every system of 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 63 
 
 military law for the government of either land or naval forces, 
 the jurisdiction of courts-martial extends to the trial and 
 punishment of acts of military or naval officers which tend 
 to bring disgrace and reproach upon the service of which they 
 are members, whether those acts are done in the performance 
 of military duties, or in a civil position, or in a social relation, 
 or in private business.' " 
 
 Congress has expressly vested naval courts-martial with jurisdic- 
 tion over " all offenses committed by persons belonging to the 
 Navy.," whether at sea or on shore and whether specifically provided 
 for or not. (Sec. 1624, Revised Statutes, arts. 22 and 23.) 
 
 FRAUDULENT ENLISTMENT. 
 
 Where disciplinary proceedings have been commenced against an 
 enlisted man of the Navy on the ground that he has committed an 
 offense cognizable by court-martial, a civil court is not empowered 
 to order his release notwithstanding the fact that his enlistment in 
 the Navy may have been fraudulent. 
 
 In the leading case of In re Grimley (137 U. S., 147) the peti- 
 tioner, after conviction of desertion by general court-martial, sought 
 to obtain his release on the ground that his original enlistment in the 
 Army was void because at the time of his enlistment he was over 
 the statutory age. In overruling this contention, the Supreme Court 
 stated : 
 
 It can not be doubted that the civil courts may in any case 
 inquire into the jurisdiction of a court-martial, and if it a.p- 
 pears that the party condemned was not amenable to its juris- 
 diction, may discharge him from the sentence. And, on the 
 other hand, it is equally clear that by habeas corpus the civil 
 courts exercise no supervisory or correcting power over the 
 proceedings of a court martial; and that no mere errors in 
 their proceedings are open to consideration. The single in- 
 quiry, the test, is jurisdiction. That being established, the 
 habeas corpus must be denied and the petitioner remanded. 
 That wanting, it must be sustained and the petitioner dis- 
 charged. If Grimley was an enlisted soldier he was amenable 
 to the jurisdiction of the court martial; and the principal 
 question, the one ruled against the Government, is whether 
 Grimley's enlistment was void by reason of the fact that he 
 was over 35 years of age. 
 
 So also in the case of In re Morrissey (137 U. S., 157), where the 
 petitioner enlisted while under the statutory age without the consent 
 of his parents or guardian, and then deserted, the Supreme Court 
 
64 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 held that "he was not only de facto, but de jure, a soldier amen- 
 able to military jurisdiction "; that " the age at which an infant shall 
 be competent to do any acts or perform any duties, military or civil, 
 depends wholly upon the legislature " ; and that the statutory re- 
 quirement of consent in such cases " is for the benefit of the parent or 
 guardian. It means simply that the Government will not disturb the 
 control of parent or guardian over his or her child without consent. 
 It gives the right to such parent or guardian to invoke the aid of the 
 court and secure the restoration of a minor to his or her control ; 
 but it gives no privilege to the minor." 
 
 A minor between the ages of 18 and 21 years may be enlisted in 
 the Navy without the consent of his parents or guardian. (Thomas 
 v. Winn, 122 Fed. Rep., 395; see also In re Doyle, 18 Fed. Rep., 3G9; 
 In re Norton, 98 Fed. Rep., 606.) This applies also to enlistments 
 of minors in the Marine Corps, which are governed by the laws re- 
 lating to the Navy. (See In re Doyle, 18 Fed. Rep., 369 ; and Elliott 
 v. Harris, 24 App. D. C., 11 ; overruling In re Shugrue, 3 Mackey, 
 324; and following United States v. Dunn, 120 U. S., 249.) 
 
 Where a minor under the age of 18 years enlists in the Navy or 
 Marine Corps without the consent required by the statute, his release 
 will not be ordered by a civil court, even upon application of his 
 parents or guardian, where disciplinary action has been commenced 
 by the naval authorities, at least until he has answered and satisfied 
 the charges pending against him. (United States v. Reaves, 126 
 Fed. Rep., 127; Dillingham v. Booker, 163 Fed. Rep., 696; 16 Ann. 
 Cas., 127; Ex parte Rock, 171 Fed. Rep., 240; see also Solomon v. 
 Davenport, 87 Fed. Rep., 318; In re Lessard, 134 Fed. Rep., 305; 
 In re Scott, 144 Fed. Rep., 79.) 
 
 By act of March 3, 1893 (27 Stat., 716), it was provided that 
 " fraudulent enlistment, and the receipt of any pay or allowance there- 
 under, is hereby declared an offense against naval discipline and made 
 punishable by general court-martial, under article 22 of the Articles 
 for the Government of the Navy." 
 
 
 
 [IV.] 
 
 CIVIL COURTS CAN NOT ORDER RELEASE OF PERSONS IN THE NAVY UNLESS 
 
 IN ACTUAL CUSTODY. 
 
 The provisions of the Revised Statutes of the United States 
 " contemplate a proceeding against some person who has the imme- 
 diate custody of the party detained, with the power to produce the 
 body of such party before the court or judge, that he may be liber- 
 ated if no sufficient reason is shown to the contrary." (Wales v. 
 Whitney, 114 U. S. 574 ; see also McGowan v. Moody, 22 App. D. C. 
 U8.) 
 
INSTRUCTIONS FOR COURT'S AND BOARDS. 65 
 
 In the case of Wales v. Whitney, it appeared that the petitioner 
 was an officer of the Navy, whose trial by general court-martial had 
 been ordered by the Secretary of the Navy, who had also issued the 
 following order to the petitioner : " You are hereby placed under 
 arrest and you will confine yourself to the limits of the city of 
 Washington." The facts showed that the petitioner was not under 
 " physical restraint ;" and, as found by the Supreme Court, the above- 
 mentioned order did not operate to restrain the movements of the 
 petitioner any more than would have been the case had it directed 
 him to remain in Washington to serve as a member 'of the court- 
 martial. In denying the petitioner's right to a writ of habeas corpus 
 the Supreme Court stated : 
 
 In the case of a man in the militar}^ or naval service, where 
 he is, whether as an officer or a private, always more or less 
 subject in his movements, by the very necessity of military 
 rule and subordination, to the orders of his superior officer, it 
 should be made clear that some unusual restraint upon his 
 liberty of personal movement exists to justify the issue of the 
 writ; otherwise every order of the superior officer directing 
 the movements of his subordinate, which necessarily to some 
 extent curtails his freedom of will, may be" held to be a re- 
 straint of his liberty, and the party so ordered may seek relief 
 from obedience by means of a writ of habeas corpus. 
 
 Something more than moral restraint is necessary to make 
 a case of habeas corpus. There must be actual confinement 
 or the present means of enforcing it. 
 
 The Supreme Court further stated that had the petitioner chosen 
 to disobey the Secretary's order, " he had nothing to do but take the 
 next or any subsequent train from the city and leave it. There was 
 no one at hand to hinder him. And though it is said that a file of 
 marines or some proper officer could have been sent to arrest and 
 bring him back, this could only be done by another order of the 
 Secretary, and would be another arrest, and a real imprisonment 
 under another and distinct order. Here would be a real restraint 
 of liberty, quite different from the first. The fear of this latter pro- 
 ceeding, which may or may not keep Dr. Wales within the limits 
 of the city, is a moral restraint which concerns his own convenience, 
 and in regard to which he exercises his own will." 
 
 Var. 1. In a case where there has not been a trial by general court- 
 martial, omit Parts I and II above. 
 
 Var. 2. In a case in which the validity of, the party' 1 s enlistment is 
 not questioned, omit Part III above. 
 
 Var. 3. // the party has been tried by court-martial or is in con- 
 finement, omit Part IV above. 
 
. 
 
 
 
V. 
 
 PRELIMINARY INVESTIGATION, ARREST AND SUS- 
 PENSION, AND CONFINEMENT REFORE TRIAL. 
 
 67 
 

 Taan >ITA;> 
 
 aiMMamM)' : 
 

 PRELIMINARY INVESTIGATION, ARREST AND SUSPEN- 
 SION, AND CONFINEMENT BEFORE TRIAL. 
 
 NOTE. The following extracts from the Navy Regulations, 1913, are collected 
 in the present chapter by reason of their relation to the administration of 
 naval courts and boards and for the purpose of affording a convenient means 
 of reference thereto. They in no way supersede the articles of the Regulations 
 referred to, and, in the event of future change in any of said articles, the 
 sections of this chapter affected should be changed accordingly. 
 
 34. Inquiry into complaints of misconduct. In order to avoid un- 
 necessary recourse to courts of inquiry and general courts-martial, it 
 is directed that where an officer or other person shall be reported for 
 grave misconduct to his immediate commanding officer, the latter 
 shall institute a careful inquiry into the circumstances on which the 
 complaint is founded. He shall call upon the complainant for a 
 written statement of the case, together with a list of his witnesses, 
 mentioning where they may be found and a memorandum of any 
 documentary evidence bearing upon the case which may be obtain- 
 able. R^1404 (1). 
 
 35. When accusation is against officer. "Whenever an accusation is 
 made against an officer, either by report or by indorsement upon a 
 communication, a copy of such report or indorsement shall be fur- 
 nished him at the time. R-1409. 
 
 36. An accused person to be given opportunity to reply. He (the 
 commanding officer of an accused person) shall also call upon the 
 accused for such counter statement or explanation as he may wish 
 to make, and for a list of the persons he desires to have questioned 
 in his behalf. If the accused does not desire to submit a statement, 
 he shall set forth that fact in writing. R-1404 (2) . 
 
 It is to be noted in connection with the above that a commanding officer can not 
 "legally compel any subordinate under his command to make a statement relative to 
 accusations against such subordinate." (C. M. O. 7, 1914, 15.) Thus, the right of 
 silence or refusal to criminate oneself is accorded to a person whose conduct is the 
 subject of preliminary investigation as well as to a witness or accused at a trial. 
 
 37. Minor offenses. In the infliction of punishment upon enlisted 
 men for lesser offenses, officers who are so authorized should in ordi- 
 nary cases resort to the authority conferred upon them by the pro- 
 visions of article 24 of the Articles for the Government of the Navy 
 instead of convening summary courts-martial or deck courts for the 
 trial thereof. The certainty of prompt punishment is more con- 
 ducive to discipline than punishment deferred long after the offense. 
 R-1404 (3). 
 
 69 
 
70 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 38. Reports and complaints to be temperate in language. Officers 
 making reports or complaints shall confine themselves exclusively 
 to facts; and statements submitted in reply to or in explanation 
 thereof must be couched in temperate language and relate specifically 
 to the matters referred to therein. Officers to whom such reports 
 or complaints are submitted for statement must not reply by mak- 
 ing counter charges. Officers desiring to prefer counter charges 
 against others should make them independently. Opinions must not 
 be expressed nor the motives of others impugned. R-1405. 
 
 39. Cases not requiring trial. If, after the investigation of a report 
 against an officer or other person in the Navy, the commanding offi- 
 cer shall not deem the offense one requiring the action either of a 
 court of inquiry or court-martial, he shall himself take such action 
 as he may think necessary within the limits of punishment allowed 
 him by law. R-1406. (But see in this connection General Order 
 No. 277.) 
 
 40. Cases requiring trial. If, upon such investigation, the com- 
 manding officer shall be satisfied that the charge is such as to call 
 for judicial action, he may place the accused under suspension or 
 in confinement, as the case may require, neither of which, however, 
 shall be considered as a punishment. He shall transmit to the 
 Secretary of the Navy, through the Bureau of Navigation, or, in 
 the case of officers or enlisted men of the Marine Corps, through the 
 commandant of the Marine Corps, or to [such superior officer as may 
 be authorized to convene general courts-martial], as the case may 
 require, a letter reporting fully and accurately in detail and in the 
 order of their occurrence the circumstances on which the charge, or 
 charges, may be founded, and when the words constitute the sub- 
 stance of the offense, those used are to be set forth as fully and 
 exactly as possible in the letter. The letter is not in any way to refer 
 to accompanying reports for the circumstances constituting the 
 offense, but is, in itself, to be so circumstantial as to afford a full 
 account of the real nature and extent of the offense charged and of 
 the allegations to which the offender would be held to confess should 
 he plead guilty. R-1407. 
 
 41. Charges not to be held back to accumulate, Offenses shall not be 
 allowed to accumulate in order that sufficient matter may thus be 
 collectively obtained for a trial, without giving due notice to the 
 offender. R-1411. 
 
 42. Further proceedings. Should the Secretary of the Navy, com- 
 mander in chief, or [other competent superior officer] decide that no 
 trial is to take place, the accused shall be at once released and re- 
 stored to duty, unless such superior authority otherwise directs. But 
 if it be decided that the accused shall be brought to trial, the court 
 shall be assembled for that purpose as soon as the nature of the case 
 and the interests of the public service will allow, unless meanwhile 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 71 
 
 such information or explanation shall reach the convening authority 
 as to render it advisable to withdraw the charges and restore the 
 accused to duty. When a trial has been decided upon the accused 
 shall, as soon as practicable, be furnished with a copy of the charges 
 and specifications and at the same time be placed formally under 
 arrest for trial. R-1408 (1) and (2). 
 
 The Articles for the Government of the Navy provide for two arrests one in an emer- 
 gency, with a view to a preliminary examination, and the other an arrest for trial. The 
 copy of the charges referred to in the ahove section and in article 43, A. G. N., is to be 
 furnished the accused at the time of his arrest for trial, and not upon arrest in the first 
 instance. (19 Op. Atty. Gen., 472.) 
 
 43. Purpose and time of arrest. The placing of an officer or enlisted 
 man under arrest to await trial by court-martial is to insure his pres- 
 ence at the trial and to give him a reasonable opportunity to prepare 
 his defense. In general, the accused shall not be placed under arrest 
 until just prior to the trial, except when it may be advisable as a 
 precaution against his escape or to enable him to prepare his defense, 
 or when, owing to the nature of the offense and the character or 
 condition of the accused, his confinement is necessary in the interests 
 of good order and discipline. In all cases of confinement it shall be 
 no more rigorous than the circumstances require. R-1416. 
 
 44. Placing an officer under arrest. An officer, when placed under 
 arrest, either as a punishment or to await further disciplinary action, 
 shall deliver up his sword, through the arresting officer, to the 
 
 commanding officer of the ship [or other competent authority]. 
 R-1417 /-j\ 
 
 V / * 
 
 45. Limits of arrest. He (officer under arrest) shall confine himself 
 to the limits assigned him at the time of his arrest or afterwards, 
 under pain of dismissal from the service. .R-1417 (2). 
 
 46. Officer under arrest shall not visit commanding officer. He (offi- 
 cer under arrest) shall not visit his commanding or other superior 
 officer officially unless sent for; but in case of business requiring 
 attention, he shall make it known in writing. R-1417 (3). 
 
 47. Officer suspended from duty. An officer suspended from duty 
 shall confine himself to the limits assigned him at the time of his 
 suspension or afterwards, and his failure to do so shall be regarded 
 as a breach of arrest. R-1418. 
 
 48. Confinement or restraint. An officer placed under arrest or sus- 
 pension on board ship shall not be confined to his room or restrained 
 from the proper use of any part of the ship to which before his arrest 
 or suspension he had a right, except the quarter-deck, poop, and 
 bridges, unless such confinement or restraint shall be necessary for 
 the safety of the ship or of the officer or for the preservation of good 
 order and discipline ; but such confinement shall not be imposed for a 
 longer time than absolutely necessary. Similarly, at a naval station 
 
72 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 or other place on shore, the confinement or restraint imposed shall not 
 be unduly rigorous. R-1419. 
 
 49. Officer under arrest or suspension shall not leave State or Terri- 
 tory. An officer under arrest or suspension shall not leave the State 
 or Territory of which he is a resident^ nor visit the Navy Depart- 
 ment, without authority from the Secretary of the Navy. R-1526. 
 
 50. Officers in arrest can not insist on being tried. No officer can 
 demand a court-martial on himself, or on any other person, or persist 
 in considering himself under the restraint of arrest after he has been 
 released by proper authority, or refuse to return to duty. R-1421. 
 
 51. Confinement of enlisted men awaiting trial. When an enlisted 
 man is confined for a longer time than 10 days to await trial by 
 court-martial, the commanding officer shall keep in view the fact 
 that his confinement is protracted simply to insure the appearance 
 of the prisoner before the court by which he is to be tried. He should 
 not, therefore, be subjected to greater rigor than is necessary to 
 effect that object. R-1426. (As to the use of irons for this purpose, 
 see act of Feb. 16, 1909, quoted under article 30, A. G. N.) 
 
 52. Temporary release of an officer under suspension or arrest. The 
 commanding officer of a ship or other competent authority may re- 
 lease temporarily and put on duty an officer under suspension or 
 arrest should an emergency of the service or other sufficient cause 
 make such measure necessary. The order for temporary release 
 shall be in writing and shall assign the reasons. Should the officer 
 be under charges, they need not be withdrawn ; and such temporary 
 release and restoration to duty shall not be a bar to any subsequent 
 investigation or trial of the case that the convening authority may 
 think proper to order, nor to the investigation of any complaint the 
 accused may make in regard to the suspension or arrest. R-1410. 
 
 
 
 
VI. 
 CHARGES AND SPECIFICATIONS. 
 
 73 
 

 
 CHAKGES AND SPECIFICATIONS. 
 
 53. Definition. A charge, in naval law, designates an alleged 
 offense in general terms, while the specification sets forth the facts 
 constituting the same. 
 
 54. Powers of convening authority in framing the charges. It is 
 entirely within the discretion of the officer empowered to convene a 
 court-martial to direct what portions of the complaint against an 
 accused shall be charged against him. When the competent officer 
 has decided to have a person tried by general court-martial, he shall 
 cause charges and specifications against the offender to be prepared, 
 and transmit a true copy of them, with an order for the arrest or 
 confinement of the accused, to the proper officer, who shall deliver 
 such order to the accused, together with the copy of the charges and 
 specifications, at the same time formally notifying him that he is put 
 under arrest, and if an officer, shall receive his sword. (See sections 
 41, 48, and 49.) 
 
 55. Alterations in the charges and specifications. After a charge has 
 been signed by the proper authority and ordered to be investigated, 
 it is not competent for any person to make alterations therein without 
 first having obtained the consent of such authority, except that the 
 judge advocate may, with the approval of the court, correct manifest 
 clerical errors. (See section 56.) If a court-martial considers other 
 alterations necessary in a charge or specification laid before it, the 
 same must be submitted for the approval of the authority by whom 
 the original charge was sanctioned previous to the arraignment of 
 the accused. (See p. 370.) 
 
 56. Errors in charges and specifications are of three classes. (1) Cleri- 
 cal errors; (2) technical errors other than clerical; (3) errors in 
 substance. 
 
 (1) Clerical errors are those of spelling, punctuation, etc., correc- 
 tion of which does not alter facts. Such errors may, with the ap- 
 proval of the court, be corrected by the judge advocate. Under such 
 circumstances the correction shall be neatly made in red ink and 
 initialed, where made, by the judge advocate. 
 
 (2) Technical errors are those which the charges and specifications 
 disclose, and which would be sufficient to sustain an objection by the 
 
 26450 17 6 75 
 
76 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 accused, such as uncertainty as to the time or place of occurrence of 
 the alleged offense, name of accused misspelled, etc. It is not within 
 the discretion of the judge advocate, the court, or any other party 
 to correct technical errors in the charges and specifications without 
 the consent of the convening authority. If the court is in doubt as 
 to whether an error in the charges and specifications is clerical or 
 technical, it should treat it as a technical error and thus avoid any 
 possibility of having the case disapproved on a technicality of this 
 nature. If the court decides that a charge and specification contains 
 a technical error, it shall communicate immediately with the con- 
 vening authority. 
 
 (3) Errors in substance are those of such a nature as to vitiate 
 the entire proceedings and render them liable to review by civil 
 tribunals, such, for example, as lack of jurisdiction on the part of 
 the court. It is not within the discretion of the judge advocate, the 
 court, or any oiher party to correct errors in substance occurring in 
 the charges and specifications without the consent of the convening 
 authority. If the court decides that a charge and specification con- 
 tains an error in substance, it shall communicate immediately with 
 the convening authority. 
 
 57. Amendment of defects in charges and specifications. Should the 
 convening power authorize the judge advocate to amend legal defects 
 in the charges and specifications before the accused is called on to 
 plead, it is to be understood that in so doing the judge advocate is 
 strictly responsible that the facts are not changed or the legal 
 responsibilities weakened. He shall, on every occasion, communicate 
 to the accused any alterations in the charges which were delivered to 
 him at the time of his arrest as soon as possible after such alterations 
 shall have been made. 
 
 58. Additional charges. (See article 43, A. G. N.) 
 
 59. Trial in joinder. Accused persons will not be joined in the 
 same charge and specification unless for concert of action in an 
 offense. When the convening authority does not join the accused 
 in the charges and specifications, but indicates that he desires them 
 tried separately by preferring separate charges and specifications, 
 courts-martial shall not try them in joinder. If the convening 
 authority desires to try men in joinder, he should prefer but one set 
 of charges and specifications, and write but one letter of trans- 
 mittal. 
 
 60. Court not authorized to direct the judge advocate to enter a nolle 
 prosequi. A nolle prosequi (or withdrawal or discontinuance) is 
 " an entry made on the record by which the prosecutor or plaintiff 
 declares that he will proceed no further." (2 Bouvier, 503.) After 
 charges have been formally referred by competent authority to a 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 77 
 
 court-martial for trial the court is not authorized, at its discretion 
 and upon its own motion, to strike out a charge or specification, or 
 to direct or permit the judge advocate to drop or withdraw such 
 charge or specification, or to enter a nolle prosequi as to the same. 
 For such action the authority of the convening officer is necessary. 
 (C. M. O. 42, 1914, 6.) See p. 371. 
 
 61. Duplication of charges. The law permits as many charges 
 to be preferred as are necessary to provide for every possible con- 
 tingency in the evidence. Where the offense falls apparently equally 
 within the scope of two or more articles of the Articles for the Gov- 
 ernment of the Navy, or where the legal character of the offense 
 can not be precisely known or defined until developed by the proof, 
 it is quite proper in important cases to specify the offense under 
 two or more charges. There is no rule of law that prohibits the 
 formulation of the same charge under more than one article. (C. 
 M. O. 42, 1914, 7.) 
 
 However, as a matter of policy and not as a matter of law, the use 
 in naval practice of two or more charges is not approved where the 
 identical facts are made the basis of both and where there are no 
 aggravating circumstances set forth under one charge which dis- 
 tinguish it from the other. (See C. M. O. 45, 1916.) But, on the 
 other hand, if a man in absenting himself without leave also commits' 
 another offense in connection therewith which is not covered by 
 the charge of absence without leave or other specified charge, 
 then he might properly be charged also with conduct to the 
 prejudice of good order and discipline, or as the case may be, the 
 specification thereunder indicating the distinguishing nature of the 
 offense. An example of such a case would be when a man absents 
 himself without leave and remains absent in order to avoid an evo- 
 lution as coaling ship, landing force, etc. The offense of evading 
 the coaling ship, landing force, etc., might properly be covered by 
 the charge of conduct to the prejudice of good order and discipline. 
 (C. M. O. 5, 1914, 7.) 
 
 62. Offense charged by statement of material facts,-An offense is 
 charged by the statement of the material facts which constitute it, 
 and not by the statement of a mere conclusion of law. Thus, if 
 it is desired to charge a man with having committed the crime of 
 theft, the specification should set forth the acts upon which the 
 charge is based and not merely allege that theft was committed by 
 such man at a certain time and place. (To this well-recognized rule 
 there are what might be considered as exceptions in the cases of 
 certain charges such as " desertion " and " assault." For example, 
 in the specification of a desertion charge it is alleged that an accused 
 has " deserted " and not, as would seem proper, that he " was absent 
 without authority with intention permanently to abandon the naval 
 
78 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 service." This can only be explained on the historical ground that 
 such terms as " desertion " and " assault " have grown to be considered 
 as descriptive of acts rather than expressive of conclusions.) How- 
 ever, the insertion of a conclusion of law in a specification, where 
 desired for the sake of particularity, is permissible, but such con- 
 clusion adds nothing to the complaint, which rests upon the state- 
 ment of facts. Thus, while it is customary in drav/ing up specifica- 
 tions on the charge of neglect of duty and similar charges to allege 
 that the accused " did therein and thereby neglect his duty," etc., yet 
 the statement of such conclusion, although desirable for the sake of 
 particularity, is not essential to the specification. (See C. M. O. 
 4, 1914.) 
 
 63. Facts alleged in a specification must constitute an offense of which 
 cognizance can be taken. A specification must, on its face, allege 
 facts which constitute a violation Of some law, regulation, or 
 custom of the service in order to charge an offense of which 
 judicial notice can be taken. For example, it has been held that a 
 specification, which merely alleged that an accused enlisted man 
 made a statement in inelegant language expressing what would be 
 his opinion of another enlisted man under certain conditions, was 
 defective in that it charged no offense of which a court could take 
 cognizance. In order that cognizance may be taken of an offense 
 not in violation of a law, general regulation, or well-known custom 
 of the service, such offense must be alleged with particularity. Thus, 
 if it is desired to charge a violation of a special order local to some 
 particular ship or station, the specification should show that the facts 
 constituted a violation of such special order. (See C. M. O. 33, 
 1914, 6-7.) 
 
 64. Charges and specifications to be succinct. In drawing up the 
 charges and specifications, all extraneous matter is to be carefully 
 avoided, and nothing shall be alleged but that which is culpable and 
 which the prosecution is prepared to substantiate before a court- 
 martial. 
 
 65. Different offenses the subject of distinct charge and specification. 
 Offenses of a perfectly distinct nature must not be included in one 
 and the same charge and specification of a charge, but each offense 
 of a different kind shall be made the subject of a distinct charge and 
 specification. Different offenses of the same kind, however, should 
 be alleged in separate specifications under one charge. 
 
 66. Not necessary to refer to statute or article. It is not necessary 
 to specify in a charge that an offense was committed in breach of 
 any particular statute, article of the Articles for the Government 
 of the Navy, or general regulation, but whenever the allegation comes 
 directly under any enactment or regulation, it shall be set forth 
 in the terms used therein. (See sec. 110.) 
 
INSTRUCTIONS FOB COURTS AND BOARDS. 79 
 
 67. Offenses not specifically provided for, how charged. When an 
 offense is a neglect or disorder not specially provided for, it shall be 
 charged as "scandalous conduct tending to the destruction of good 
 morals," or " conduct to the prejudice of good order and discipline." 
 But when the offense is one specifically provided for it is properly 
 chargeable under the specific charge, and not under a general charge. 
 See section 61. 
 
 68. Certain abbreviations authorized. Dates and time may be ex- 
 pressed in figures. The following abbreviations are authorized : 
 "U. S. S." for "United States Ship;" " U. S. Navy" for "United 
 States Navy;" "U. S. Marine Corps" for "United States Marine 
 Corps;" "U. S. Army" for "United States Army;" "a. m." and 
 " p. m." for " antemeridian " and " postmeridian," respectively ; Chris- 
 tian names other than the first may be indicated by initial letters. 
 
 12.30 a. m. and 12.30 p. m. shall be used to indicate 30 minutes after 
 midnight and 30 minutes after meridian, respectively. The expres- 
 sion "30 minutes a. m." is ambiguous, and shall not be used. 
 
 Sums of money mentioned in specifications should be set out in 
 both words and figures. 
 
 Except as indicated in this section, the use of figures or abbrevi- 
 ations in charges or specifications is prohibited. 
 
 69. Intent should be expressed by technical word prescribed, In cases 
 where the law has adopted certain expressions to show the intent 
 with which an offense is committed, the intent shall be expressed 
 by the technical word prescribed, as " wilfully," " knowingly," " cor- 
 ruptly," "maliciously," "intentionally," "wrongfully." Certain of 
 the foregoing words appear in the Articles for the Government of 
 the Navy and should be used to express fully the offense charged. 
 For example, a charge made against an officer for making or for 
 signing a false muster must be laid to have been done " knowingly." 
 Where the offense charged is that of unlawfully having intoxicants, 
 drugs, or property of another in possession, it is essential to specify 
 that the possession was " unlawful." 
 
 70. Where higher criminality attaches to acts under particular circum- 
 stances. In all cases in which the law attaches higher criminality 
 to acts committed under particular circumstances, the act must, 
 to bring the person within the higher degree of punishment, be 
 charged to have been committed under those circumstances, which 
 must be stated with certainty and precision. For instance, the limi- 
 tations of punishment permit of a higher degree of punishment for 
 desertion " in case of apprehension or delivery to naval authorities " 
 than "in case of surrender to naval authorities." If, therefore, it 
 is desired to bring an offender within the higher degree, the " appre- 
 hension or delivery to naval authorities " must be alleged. 
 
80 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 71. The specifications of each charge, one or more, must be brief, clear, 
 and explicit. The facts, circumstances, and intent constituting the 
 offense must be set forth with certainty and precision and the accused 
 charged directly and positively with having committed it. Each 
 specification of a charge must set forth facts sufficient to constitute 
 the particular offense charged. 
 
 72. Certainty as to the party accused. The accused must be described 
 by his title and rank, or rating, Christian name and surname, written 
 at full length, with the addition of his vessel or service at the time the 
 offense with which he is charged took place. 
 
 73. Allegations as to time and place. The time and place of the 
 commission of the offense charged must be averred in the speci- 
 fication. They must be stated with sufficient precision to clearly 
 identify the offense and enable the accused to understand what par- 
 ticular act or omission he is called upon to defend. For this pur- 
 pose, save in cases where time or place is of the essence, a reasonably 
 exact allegation of the time and place is sufficient, the degree of 
 exactness required being that necessary to insure the identification 
 of a particular offense. It is, therefore, proper pleading to allege 
 in a specification that a certain offense occurred "on or about" a 
 certain day " at or near " a certain place, or, if necessary to be more 
 explicit as to the time, " at or about " a certain hour. There is no 
 definite construction which can be placed upon the phrases " on or 
 about," etc., as used in the allegations as to time and place in a 
 specification, but these phrases must be construed reasonably by a 
 court in the light of the circumstances of each particular case. This 
 latitude, however, is not allowed in cases where time or place are of 
 the essence. If, for example, an enlisted man is charged with the 
 offense of absenting himself without authority from his ship on a 
 day on which the " all hands " evolution of coaling ship was per- 
 formed in support of a charge of conduct to the prejudice of good 
 order and discipline, then time is of the essence of the offense 
 charged and a variation between the date on which the unauthorized 
 absence is alleged and the date on which the " all hands " evolution 
 was performed would make the specification defective. 
 
 When the geographical location of a ship is not material to a 
 complete description of an offense, such as theft of another's clothing 
 or any other act committed wholly on board, such geographical loca- 
 tion need not be alleged in the specification. An exception to this, 
 however, is to be noted in the charge of murder, the specification 
 of which charge must specify the location of a ship on board which 
 this crime has been committed at the time of its commission in order 
 that the trial and punishment of this offense may come within the 
 provisions of article 6 of the Articles for the Government of the 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 81 
 
 Navy, giving a court-martial jurisdiction over this offense only when 
 committed without the territorial limits of the United States, 
 
 74. Certainty as to the person against whom the offense was com- 
 mitted. In the case of offenses against the person or property of 
 individuals, the Christian name and surname, with the rank and 
 station or duty of such person, if he have any, must be stated at 
 length, if known. If not known, the party injured must be described 
 as a " person unknown." 
 
 75. Certainty as to facts, circumstances, and intent. It is not suffi- 
 cient that the accused be charged generally with having committed 
 an offense, as, for instance, with habitual violation of orders or 
 neglect of duty, but the particular acts or circumstances constituting 
 a specific offense must be distinctly set forth in the specification. 
 Where intent is an ingredient of the offense, it also must be set forth 
 with certainty. 
 
 76. Written instruments set out verbatim. Written instruments, or 
 such portions thereof as form part of the gist of the offenses charged, 
 must be set out verbatim with care and accuracy. 
 
 77. When only the substance of written instruments is set out. 
 When only the substance is intended to be set out, it should be intro- 
 duced by the words " in substance as follows." The word " tenor " 
 implies that a correct copy is set out. 
 
 78. Particular words, how set out. Where particular words form 
 the gist of the offense, they must be set forth with particularity or 
 declared to be of like meaning and purport. In cases where objec- 
 tionable language forms the gist of the offense the objectionable 
 language must be alleged. 
 
 79. What is to be set forth in case of perjury. " In prosecutions for 
 perjury committed on examination before a naval general court- 
 martial, or for subornation thereof, it shall be sufficient to set forth 
 the offense charged on the defendant, without setting forth the 
 authority by which the court was held, or the particular matters 
 brought before, or intended to be brought before, said court." (R. S., 
 1023. ) It is to be noted that the above statute, which is one regulat- 
 ing procedure only, prescribes only for "perjury committed on ex- 
 amination before a naval general court-martial." A substantive 
 statute (35 Stat., 1111) defines this offense as being capable of com- 
 mission by anyone "having taken an oath before a competent tri- 
 bunal, officer, or person in any case in which a law of the United 
 States authorizes an oath to be administered." (In this connection 
 see C. M. O. 51, 1914, 9, in which it was held that false testimony 
 under oath before a court of inquiry would sustain a charge of per- 
 jury.) If, therefore, the charge of this offense is founded on false 
 testimony given before other than a naval general court-martial, then 
 
82 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 section 1023 of the Revised Statutes does not apply, and both the 
 authority on which the proceedings before which the alleged false 
 testimony has been given is based and the subject matter of such 
 proceedings must be set forth. The specification must also, in any 
 event, include direct and specific allegations negativing the truth of 
 the alleged false testimony, together with affirmative averments set- 
 ting up the truth by way of antithesis. 
 
 80. Theft. In drawing up a specification to support the charge 
 of theft, care should be taken to state, at least approximately, the 
 value of the articles alleged to have been stolen, as the degree of 
 punishment permitted by the prescribed limitations varies in ac- 
 cordance therewith. 
 
 81. Incompetency. When incompetency is alleged, it is essential 
 to set forth the particular acts or neglects upon which the specifica- 
 tion is based. In bringing an enlisted man to trial for incompe- 
 tency before a summary court-martial it is necessary that more than 
 one instance of such incompetency be alleged. 
 
 
 
SPECIMEN CHARGES AND SPECIFICATIONS. 
 
 XOTE. In time of war add at the end of each specification, or at such other 
 part thereof as may be appropriate, the averment, "the United States then 
 being in a state of war." 
 
 Charge. ABSENCE FROM COMMAND WITHOUT LEAVE. 
 
 Specification. In that Commander , U. S. Navy, be- 
 ing in command of the U. S. S. , then in the port of - , 
 
 , did, on or about March 15, 1915, absent himself from said 
 
 command without leave, and did remain so absent for a period of 
 about three days. 
 
 Charge. ABSENCE FROM STATION AND DUTY AFTER LEAVE HAD 
 
 EXPIRED. 
 
 Specification. In that Assistant Surgeon , U. S. 
 
 Navy, having been granted leave of absence from his station and duty 
 
 on board the U. S. S. -, at , , to which ship he had 
 
 been regularly assigned, said leave to expire on March 15, 1915, did 
 fail to return to his station and duty as aforesaid upon the expira- 
 tion of said leave, and did remain absent therefrom, without leave 
 from proper authority, for a period of about twenty-four hours. 
 
 /Specification. In that , seaman, U. S. Navy, having 
 
 been granted leave of absence from his station and duty on board the 
 
 U. S. S. , at the navy yard, , , to which ship he 
 
 had been regularly assigned, said leave to expire on July 21, 1915, 
 did fail to return to his station and duty as aforesaid upon the ex- 
 piration of said leave, and did remain absent therefrom, without 
 leave from proper authority, for a period of about six days, at the 
 expiration of which he surrendered himself on board the aforesaid 
 ship. 
 
 /Specification. In that , musician second class, U. S. 
 
 Navy, having, while a general court-martial probationer, been 
 granted leave of absence from his station and duty on board the 
 U. S. S. , at , , to which ship he had been regu- 
 larly assigned, said leave to expire on March 22, 1915, did fail to 
 return to his station and duty as aforesaid upon the expiration of 
 said leave, and did remain absent from the U. S. Navy, without leave 
 from proper authority, for a period of about, four days, at the expira- 
 tion of which he surrendered himself at the navy yard, Washington, 
 District of Columbia. 
 
 83 
 
84 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 Specification. In that - , private, U. S. Marine Corps, 
 
 having, while a patient at the United States Naval Hospital, Phila- 
 delphia, Pennsylvania, been granted leave of absence from his sta- 
 tion and duty at said hospital, to which he had been regularly as- 
 signed, said leave to expire on March 15, 1915, did fail to return 
 to his station and duty as aforesaid at the expiration of said leave, 
 and did remain absent from the U. S. Marine Corps, without leave 
 from proper authority, for a period of about seven days, at the ex- 
 piration of which he surrendered himself on board the U. S. S. 
 
 of 
 
 , dL , 
 
 Charge. ABSENCE FROM STATION AND DUTY WITHOUT LEAVK. 
 
 Specification. In that - , fireman second class, IT. S. 
 
 Navy, did, on or about September 20, 1915, without leave from proper 
 authority, absent himself from his station and duty on board the 
 U. S. S. - , at , , to which ship he had been regu- 
 larly assigned, and did remain so absent therefrom for a period of 
 about six days, at the expiration of which he surrendered himself on 
 board said ship. 
 
 Specification. In that , fireman third class, U. S. 
 
 Navy, did, at about 7.00 p. m., September 23, 1916, while a summary 
 court-martial probationer, without leave from proper authority, ab- 
 sent himself from his station and duty on board the U. S. S. , 
 
 at , , to which ship he had been regularly assigned, and 
 
 did remain so absent therefrom for a period of about five hours, at 
 the expiration of which he surrendered himself on board said ship. 
 
 Specification. In that -j , private, U. S. Marine Corps, 
 
 did, on or about April 16, 1915, without leave from proper authority, 
 while enroute from the U. S. Marine Corps recruiting station at 
 
 , , to the United States marine barracks at the navy 
 
 yard, , , to which barracks he had been regularly as- 
 signed, absent himself from the U. S. Marine Corps, and did remain 
 so absent from the U. S. Marine Corps and from his station and 
 duty at the aforesaid barracks until he surrendered himself at the 
 said barracks on or about April 22, 1915. 
 
 Charge. AIDING AND ENTICING ANOTHER TO DESERT. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving on board the U. S. S. , then at anchor in the harbor 
 
 of , , did, on January 19, 1913, in order to persuade 
 
 , seaman, U. S. Navy, to join him, the said , in 
 
 an attempt to desert from said ship and from the United States 
 naval service, offer the said the sum of ten dollars ($10), law- 
 ful money of the United States, and did, on the date aforesaid, assist 
 
INSTRUCTIONS FOB COURTS AND BOARDS. 85 
 
 the said in deserting from the ship aforesaid and from the 
 
 U. S. Navy by arranging for and causing the appearance, at about 
 11.00 p. m. on said date, of a small shore boat under gunport number 
 six of said ship, in which boat the said - , without permission 
 from lawful authority, took passage ashore. 
 
 Charge. ASSAULT. 
 
 (Definition. "An unlawful offer or attempt with force or violence 
 to do a corporeal hurt to another" Bouvier.) 
 
 /Specification. In that Carpenter , IT. S. Navy, serv- 
 ing on board the U. S. S. - , at the navy yard, - , - , 
 did, on or about June 23, .1915, at said navy yard, Avilfully, ma- 
 liciously, and without justifiable cause, assault Lieutenant - 
 , U. S. Navy, also serving on board said ship. 
 
 Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. , at the navy yard, , , did, 
 
 on or about June 5, 1913, on a public street car in the city of , 
 
 wilfully, maliciously, and without justifiable cause, assault - 
 , a civilian passenger on the aforesaid car. 
 
 Charge. ASSAULTING AND ATTEMPTING TO KILL ANOTHER PERSON 
 
 IN THE SERVICE. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 did, on or about December 7, 1915, in the navy yard, , , 
 
 while serving at the marine barracks at said navy yard, wilfully, 
 maliciously, and without justifiable cause, assault and shoot with a 
 
 loaded revolver and thereby attempt to kill , corporal, 
 
 U. S. Marine Corps, serving at said barracks. 
 
 Charge. ASSAULTING AND STRIKING ANOTHER PERSON IN THE NAVY. 
 
 Specification. In that , fireman first class, U. S. 
 
 Navy, serving on board the U. S. S. , then at the navy yard, 
 
 , , did, on or about June 28, 1915, in the city of - , 
 
 , wilfully, maliciously, and without justifiable cause, assault 
 and strike , seaman, U. S. Navy, attached to said ship. 
 
 Charge. ASSAULTING AND STRIKING ANOTHER PERSON IN THE 
 
 SERVICE. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 a general court-martial prisoner at the naval prison, navy yard, 
 
 , - , did, on February 16, 1915, at the said naval prison, 
 
 wilfully, maliciously, and without justifiable cause, assault and strike 
 
86 . INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 , private, U. S. Marine Corps, a prisoner at said 
 
 prison. 
 
 Charge. ASSAULTING AND STRIKING His SUPERIOR OFFICER. 
 
 (Note. Within the meaning of the Articles for the Government 
 of the Navy, unless there ~be something in the context or subject mat- 
 ter repugnant to or inconsistent with such construction, officers shall 
 mean commissioned and warrant officers; superior officers shall ~be 
 held to include mates and petty officers of the Navy and noncommis- 
 sioned officers of the Marine Corps, in addition to the officers enumer- 
 ated. See, in this connection, C. M. O. 5, 1917 , 9.) 
 
 Specification. In that :, fireman first class, U. S. 
 
 Navy, serving on board the U. S. S. , at the navy yard, - , 
 
 , did, on or about March 7, 1915, in the city of , , 
 
 wilfully, maliciously, and without justifiable cause, assault and strike 
 
 his superior officer, Lieutenant , U. S. Navy, serving 
 
 on board said ship. 
 
 Charge. ASSAULTING AND STRIKING His SUPERIOR OFFICER WHILE 
 IN THE EXECUTION OF THE DUTIES OF His OFFICE. 
 
 Specification. In that Lieutenant (junior grade) , 
 
 IT. S. Navy, serving on board the U. S. S. , did, on or about 
 
 April 5, 1915, in the wardroom of said ship, when ordered by Com- 
 mander , U. S. Navy, the executive officer of said ship, 
 
 to get into a proper uniform, wilfully, maliciously, and without 
 
 justifiable cause, assault and strike the said Commander , 
 
 who was then and there in the execution of the duties of his office. 
 
 Specification. In that , seaman, U. S. Navy, a gen- 
 eral court-martial prisoner undergoing confinement at the United 
 
 States naval prison, navy yard, - , , did, on or about 
 
 June 30, 1915, at said prison, wilfully, maliciously, and without 
 
 justifiable cause, assault and strike , corporal, U. S. 
 
 Marine Corps, who, in the execution of his duties as corporal of 
 the guard at said prison, was then and there inspecting the cells of 
 prisoners undergoing solitary confinement. 
 
 Charge. ASSAULTING AND STRIKING A SENTINEL. 
 
 Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. , did, on February 2, 1911, in the vicinity 
 
 of the brig of the said ship , wilfully, maliciously, and without 
 
 justifiable cause, assault and strike , private, U. S. 
 
 Marine Corps, who was then and there regularly on duty as a 
 sentinel on post at said brig. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 87 
 
 Charge. ASSAULTING WITH A DEADLY WEAPON AND WOUNDING 
 ANOTHER PERSON IN THE NAVY. 
 
 Specification. In that , seaman, U. S. Navy, serv- 
 ing on board the U. S. S. , at Honolulu, Territory of Hawaii, 
 
 did, on July 4, 1915, in the Park Saloon in said city, wilfully, ma- 
 liciously, and without justifiable cause, assault and stab with a knife 
 or other sharp instrument and thereby wound , seaman, 
 
 U. S. Navy, serving on board said ship. 
 
 
 
 Charge. ASSAULT WITH INTENT TO COMMIT RAPE. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , did, on 
 or about March 9, 1914, at the said navy yard, feloniously, forcibly, 
 and against her will, assault one - , with intent to com- 
 
 mit the crime of rape upon her, the said - . 
 
 Charge. ATTEMPTING TO DESERT. 
 
 Specification. In that - , seaman, second class, U. S. 
 
 Navy, serving on board the U. S. S. , at - , , did, 
 
 on or about October 18, 1916, endeavor to leave said ship by attempt- 
 ing to jump overboard therefrom with intent to desert from said 
 ship and from the U. S. Navy. 
 
 Charge. ATTEMPTING TO SUBORN TESTIMONY TO BE GIVEN BEFORE A 
 
 COURT-MARTIAL. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving on board the U. S. S. , did, on or about March 12, 1909, 
 
 on board the said ship , by offer of money, wilfully and with 
 
 corrupt intent, incite and endeavor to persuade one , 
 
 seaman, U. S. Navy, stationed on the said ship, , to appear in 
 
 the trial by summary court-martial of the said , and 
 
 then and there, upon oath, to give false testimony at said trial. 
 
 Charge. BREAKING ARREST. 
 
 Specification. In that - , quartermaster third class, 
 
 U. S. Navy, serving on board the U. S. S. , at the navy yard, 
 
 , - , did, on or about August 25, 1915, while a prisoner at 
 large on board said ship by lawful order of his commanding officer, 
 
 Chief Boatswain - , U. S. Navy, break his arrest and 
 
 leave the aforesaid ship at the aforesaid place. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 while being held at the United States marine barracks, Washing- 
 ton, District of Columbia, as a straggler from the U. S. S. - , to 
 which ship he had been regularly assigned, having been placed under 
 
88 INSTRUCTIONS FOK COURTS AND BOARDS. 
 
 the charge of a sentry at said barracks, by lawful order of the com- 
 manding officer thereof, did, on or about September 4, 1915, break 
 his arrest and leave said barracks. 
 
 Charge. CAUSING TO BE PRESENTED TO A PERSON IN THE NAVAL SERV- 
 ICE FOR APPROVAL. AND PAYMENT A CLAIM AGAINST THE UNITED 
 STATES KNOWING SAID CLAIM TO BE FALSE AND FRAUDULENT. 
 
 Specification. In that Naval Constructor , U. S. 
 
 Navy, being, on or about February 1, 1915, and continuously there- 
 after until the date hereof, on duty at the navy yard, , - . 
 
 as the head of the department of at said yard, and it being 
 
 part of his duty as such head of department to supervise and control 
 all work pertaining to said department and to have general super- 
 intendence, charge, and direction of all persons employed in 
 said department, and it being also a part of his duty to direct the 
 preparation of and to examine, and, if found correct, to approve, 
 the pay rolls of said department prior to their submission to the 
 commandant of said navy yard for approval and transmission to the 
 pay officer at said navy yard, did cause to be prepared a semi- 
 monthly pay roll of persons employed in said department of - , 
 
 navy yard, , , for the period from March 16, 1915, to 
 
 March 31, 1915, inclusive, and did, on or about April 10, 1915, in his 
 official capacity as head of said department, approve said pay roll 
 and cause it to be presented to and approved by the commandant and 
 transmitted to the pay officer of the said navy yard, and the amounts 
 therein set forth, respectively, were paid to the persons whose names 
 
 appeared thereon ; whereas, as he, the said , well 
 
 knew, the said pay roll contained the names of a number of laborers 
 and mechanics, to wit, four hundred and forty-nine, who, for work 
 performed during the last six days of March, between 7.00 a. m. and 
 meridian, and between 12.30 p. m. and 6.30 p. m., were credited, in 
 making up the time and amounts specified on said pay roll, with 
 having rendered one and five-eighths days', that is to say, thirteen 
 hours', service, when, in fact, they had thus rendered and were en- 
 titled to be credited with one and three-eighths days', that is to say, 
 eleven hours' service per day only, in consequence of which false 
 entries on said pay rolls, overpayments to laborers and mechanics 
 employed in the department of - - at said navy yard, for the 
 period named, were made, amounting to about one thousand four 
 hundred twenty -nine dollars and thirty-three cents ($1,429.33) ; and 
 
 the said , did therein and thereby, cause to be presented 
 
 to a person in the naval service for approval and payment a claim 
 against the United States, knowing such claim to be false and 
 
 fraudulent. 
 
 . 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 89 
 
 Charye. CONDUCT TO THE PREJUDICE OF GOOD ORDER AXD DISCIPLINE. 
 
 (See sections 61, 67.) 
 
 Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. , at the navy yard, , , did, 
 
 on February 2, 1915, upon returning to said ship from liberty, unlaw- 
 fully have in his possession a flask containing intoxicating liquor. 
 
 /Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. , did, on or about February 19, 1915, 
 
 on board said ship, referring to , chief boatswain's 
 
 mate, U. S. Navy, attached to said ship, say, in the presence of one 
 
 or more other enlisted men of the Navy, " We'll get yet and 
 
 make him pay for what he has done," or words to that effect, meaning 
 
 that he would compromise or otherwise injure the said in 
 
 retaliation for an act or acts performed by the said in the 
 
 execution of the duties of his office. 
 
 /Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , did, on 
 
 August 30, 1915, attempt to smuggle into said navy yard two bottles 
 containing intoxicating liquor. 
 
 /Specification. In that , electrician second class, 
 
 U. S. Navy, serving on board the U. S. S. , did, on or about 
 
 October 21, 1915. on board said ship, unlawfully have cocaine in 
 his possession. 
 
 Specification. In that Lieutenant , U. S. Navy, serv- 
 ing on board the U. S. S. , was, on or about September 1, 
 
 1915, on board said ship, from previous indulgence in intoxicating 
 liquors, incapacitated for a proper performance of his duties to such 
 an extent as to necessitate his being placed on the sick list. 
 
 Specification. In that , 'baker second class, U. S. 
 
 Navy, then serving on board the U. S. S. , at , , 
 
 did, on or about June 27, 1915, write and cause to be delivered to 
 
 , a chief yeoman in the U. S. Navy, serving at the 
 
 United States Naval Training Station, -, , a letter in the 
 
 words and figures following, to wit : 
 
 " BOSTON, MASS., June 27, 1915. 
 
 "DEAR SHIPMATE: Having plenty of leisure this evening, allow 
 me to drop you a few lines, asking you for a great favor. Now, 
 
 you see, I have my family living at , a few miles south of the 
 
 training station, and I want to get back to that station some way. 
 Could you find out when the next vacancy occurs at that station in 
 the commissary department, as I hear there will be a 2nd class baker 
 leaving for sea soon, and I promise you $10.00 if you work it for 
 me to get back there some way? Something in it, and if I put in 
 my request next, month for > kindly keep your eyes open. 
 
90 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 "Trusting you will take the matter under consideration for me 
 if you please, and believe me there is something in it if it is ap- 
 proved of. Awaiting your replies, 
 " Yours, very truly, 
 
 which said letter was written and sent as aforesaid with the intent 
 
 and purpose, on the part of the said , of bribing the said 
 
 to aid in effecting the transfer of the said from his station 
 
 and duty on board the said ship to duty at the aforesaid 
 
 training station. 
 
 Specification. In that Captain , U. S. Navy, com- 
 manding the U. S. S. , at , , having, on March 
 
 22, 1915, had referred to him by the Bureau of Navigation, Navy 
 Department, a copy of a letter which had been received by said 
 
 bureau from Captain , U. S. Navy, commandant of the 
 
 naval station, , , in the words and figures following, to 
 
 wit: * * *, and having been called upon by said bureau for an 
 explanation of the facts mentioned in the letter above set forth, did, 
 on March 26, 1915, write, send, and publish, or cause to be sent and 
 published to the commandant of said naval station and to the Navy 
 Department a letter, in the words and figures following: * * *, 
 which said letter contains in the third paragraph thereof statements 
 which are wholly irregular, unofficerlike, and prejudicial to good 
 order and discipline. 
 
 Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. , at , , well knowing that 
 
 the said ship was to sail for southern waters on or about 
 
 August 20, 1914, did fail to return to said ship upon expiration of 
 leave of absence on said date, as it was his duty to do, and did de- 
 liberately and wilfully remain absent from said ship until after 
 she had sailed for southern waters in order to avoid duty on board 
 said ship . 
 
 Specification. In that , seaman, U. S. Navy, having, 
 
 on or about August 23, 1913, while serving on board the U. S. S. 
 
 , at Shanghai, China, signed an agreement, on board said ship, 
 
 in tenor as follows, to wit : 
 
 "N. Nav. 59. 
 
 " To the CHIEF OF THE BUREAU OF NAVIGATION, 
 
 "Navy Department, Washington, D. C. 
 
 " I, , serving as seaman in the U. S. Navy, request to 
 
 be discharged on board of the U. S. S. , as soon as practicable. 
 
 " If this is granted, I further request to be discharged in whatever- 
 port I may be on the expiration of my enlistment, and hereby waive 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 91 
 
 all claim to transportation at Government expense to the Atlantic 
 and Pacific coasts of the United States and all consular aid, and agree 
 
 to reenlist on board of the on the day succeeding my discharge. 
 
 " My current enlistment expired August 3, 1913. 
 
 "(Signed) , 
 
 "jSeamkn, U. S. Navy. 
 
 c. s. c. . 
 
 "Witness: 
 
 "(Signed) -- , 
 
 Lieutenant Commander, U. S. Navy. 
 
 U. S. S. - , 
 
 "Shanghai, China. 
 
 "AUGUST 23, 1913. 
 
 "NB-0297," 
 
 and having, on August 27, 1913, been given a discharge from the 
 U. S. Navy which was conditional upon his reenlisting on the suc- 
 ceeding day, as aforesaid, did, on the day succeeding said discharge, 
 namely, August 28, 1913, notwithstanding such agreement on his 
 part and in violation thereof, knowingly and wilfully neglect and 
 fail to reenlist on board the said ship - . 
 
 Specification. In that Ensign -- , U. S. Navy, serving 
 on board the U. S. S. - , then lying in the harbor of - , 
 - , having, with permission from proper authority, left the said 
 ship - on leave of absence on January 5, 1915, did fail to return 
 at or before sunset of the same day, and did remain absent from the 
 said ship - until at or about 5.00 a. m., January 6, 1915, this in 
 violation of a special order lawfully issued by Captain 
 
 , commanding said ship - , of the following tenor, to wit, 
 " Officers' leave shall expire at sunset," which order was issued, as 
 the said Ensign - well knew, because of the unsatisfactory sani- 
 tary conditions existing in the city of -- , -- , in order to pro- 
 tect the officers and crew of said ship from danger of infection by 
 yellow fever. 
 
 NDUCT UNBECOMING AN OFFICER AND A GENTLEMAN. 
 
 (See Naval Digest, 1916, p. 100, as to "what constitutes.") 
 
 /Specification. In that Gunner -- , U. S. Navy, having 
 become justly indebted to - , of Washington, District of Co- 
 lumbia, in the sum of five hundred sixty-eight dollars and forty- 
 five cents ($568.45), for goods purchased from the said - by 
 him, the said - , at various times between January 26, 1913, and 
 April 19, 1913, and said debt being thereafter due and owing the said 
 - , with the exception of fifteen dollars ($15) paid on or about 
 April 29, 1913, and being, on or about December 20, 1915, still in- 
 
 26450 17- -- 7 
 
92 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 debted to the aforesaid in the sum of five hundred fifty-three 
 
 dollars and forty-five cents ($553.45), the balance due on his account 
 after the aforesaid payment, did, notwithstanding promises to pay 
 said debt, and repeated demands for payment made on him, the said 
 
 , by the said , and notwithstanding the facts that he 
 
 had, on or about March 5, 1914, been reported to the Secretary of the 
 
 Navy by the said , and again on or about October 9, 1914, to 
 
 the Bureau of Navigation, Navy Department, by the said for 
 
 the nonpayment of said indebtedness, as he, the said , well 
 
 knew, neglect and fail to pay to the said the amount of the 
 
 aforesaid indebtedness due and owing as aforesaid, or any part 
 thereof, and has ever since continued in such neglect and failure, 
 and he, the said , has therein and thereby exhibited a dis- 
 honorable indifference to his just indebtedness and a disregard of 
 his obligations as an officer and a gentleman. 
 
 Specification. In that Gunner , U. S. Navy, having, 
 
 on or about March 5, 1914, been reported to the Secretary of the 
 Navy by , of Washington, District of Columbia, for the non- 
 payment of a just indebtedness of five hundred fifty-three dollars 
 and forty-five cents ($553.45), the balance of an account due and 
 
 owing the said for goods purchased by the said at 
 
 various times between January 26, 1913, and April 19, 1913, and said 
 indebtedness being thereafter due and owing, and an itemized ac- 
 count of said indebtedness having been referred to him, the said 
 , by indorsement, in tenor as follows : 
 
 "NAVY DEPARTMENT, 
 
 " BUREAU OF NAVIGATION. 
 " Washington, D. C., March 6, 1914. 
 " To : Gunner - , U. S. N., U. S. S. - (commanding 
 
 officer) . 
 " Subject : Re alleged indebtedness to - . 
 
 " 1. Referred for such statement as you may desire to make rela- 
 tive to this alleged indebtedness. 
 
 " 2. You will inform the department immediately 
 
 " First. Is this a just debt and owed by you ? 
 
 " Second. If it be a just debt, have you taken any steps to make 
 payment ? If so, when ? 
 
 " Third. When do you propose to pay it in full ? 
 
 "3. If it is a just debt, an official report will be made to the de- 
 partment when it has been paid. 
 
 " 4. Return all papers. 
 
 he. the said , did return said indorsement to the Bureau of 
 
 Navigation aforesaid, with a written statement, in tenor as follows : 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 93 
 
 " IT. S. S. - 
 " Shanghai, China, May H, 19 H* 
 
 " From : Gunner , IT. S. Navy. 
 
 " To : Bureau of Navigation, via official channels. 
 
 " Subject: Re alleged indebtedness to . 
 
 " Reference : Bureau of Navigation's indorsement of March 6, 1914. 
 
 " 1. In compliance with the foregoing reference I have to state 
 that the bill of is a just debt. 
 
 "2. My reason for failing to pay said debt is that unforeseen 
 necessities have made immediate demands upon my money. I am 
 making arrangements at present for the payment of this debt and 
 will make payment on or about July 1, 1914. 
 
 and he, the said - , did thereafter neglect and fail to make a 
 payment to the said - - on or about July 1, 1914, as he stated he 
 would do in his written statement as above set forth,, and has ever 
 
 since continued in such neglect and failure, and he, the said , 
 
 has therein and thereby exhibited a dishonorable indifference to his 
 written word and just indebtedness and a disregard of his obliga- 
 tions as an officer and a gentleman. 
 
 Specification. In that Ensign , IT. S. Navy, having, 
 
 on or about April 16, 1914, voluntarily signed a paper pledging him- 
 self to abstain from all use of intoxicating liquors, except when pre- 
 scribed as medicine, for a period of five jears, which paper was 
 formally witnessed by Captain - , U. S. Navy, the com- 
 
 manding officer of the said - , did, on or about October 25, 1915, 
 
 in the city of - , , notwithstanding his pledge so given 
 
 and in violation thereof, drink intoxicating liquor not prescribed as 
 medicine; and he, the said - , did thereby exhibit a disregard 
 of his obligations as an officer and a gentleman. 
 
 Charge. CULPABLE INEFFICIENCY IN THE PERFORMANCE OF DUTY. 
 
 Specification. In that Lieutenant , U. S. Navy, 
 
 serving as navigator on board the U. S. S. , making passage 
 
 from to - , on February 2, 1915, well knowing that at 
 
 about sunset of said day the said ship had nearly run her estimated 
 distance from the four o'clock postmeridian position, obtained and 
 
 plotted by him, to the position of , and w T ell knowing the 
 
 difficulty of sighting from a safe distance after sunset, did 
 
 then and there fail to advise his commanding officer to lay a safe 
 course for said ship to the northward before continuing on a westerly 
 course; and the said Lieutenant - was therein and 
 
 thereby culpably inefficient in the performance of his duty as navi- 
 gator, in consequence of which the said ship was, at about 6.50 p. m. 
 
94 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 on the day above mentioned, run upon Bank, in the - 
 
 Sea, in about latitude degrees, minutes north, and 
 
 longitude degrees, minutes west, and was stranded. 
 
 Specification. In that Lieutenant (junior grade) , 
 
 U. S. Navy, while serving as officer of the deck on board the U. S. S. 
 , a steam vessel, making passage from to , hav- 
 ing been informed between 8.00 and 9.00 p. m. on March 13, 1915, 
 
 that the said ship was approaching a sailing vessel, both said 
 
 vessels being then off , , did then and there fail to issue 
 
 and see effected such timely orders as were necessary to cause the 
 
 said ship to keep out of the way of said sailing vessel by 
 
 passing astern of the said sailing vessel, and he, the said , was 
 
 therein and thereby culpably inefficient in the performance of his 
 
 duty as officer of the deck, by reason of which inefficiency the U. S. S. 
 
 - collided, at the time and place aforesaid, with the said sailing 
 
 vessel, being the schooner , of - , - , as -a result of 
 
 which collision the said schooner was sunk. 
 
 Specification. In that Captain - , U. S. Navy, being 
 
 in command of the U. S. S. - , making passage from - to 
 
 , on the afternoon of May 20, 1915, well knowing that the said 
 
 ship was approaching Shoal off - , and that the weather 
 
 was then and there foggy and misty, did, nevertheless, then and there 
 
 fail to set a safe course for passing said Shoal, in consequence 
 
 of which the said ship was, at or about 4.00 p. m. on the day afore- 
 said, run upon Shoal and stranded ; and he, the said - , 
 
 was therein and thereby culpably inefficient in the performance of 
 his duty as commanding officer of said ship. 
 
 Specification. In that Passed Assistant Paymaster , 
 
 U. S. Navy, serving on board the U. S. S. , having, as supply 
 
 officer of said ship, between June 1, 1915, and March 31, 1916, issued 
 to the officers' messes of said ship various quantities, amounts un- 
 known, of beef, veal, and other meats charged to the general mess of 
 said ship, did fail to keep or cause to be kept a proper account of 
 the issue of said provisions, and was therein culpably inefficient in 
 the performance of duty. 
 
 Charge. DESERTION. (See C. M. O. 41, 1914, 3.) 
 
 Specification. In that , landsman, U. S. Navy, did, 
 
 on or about May 26, 1915, while a general court-martial prisoner 
 
 at the United States naval prison, navy yard, , desert from 
 
 said prison and from the U. S. Navy, and did remain a deserter 
 
 until he was delivered on board the U. S. S. , at , on or 
 
 about July 3, 1915. 
 
 Specification. In that , seaman, alias . 
 
 coal passer, U. S. Navy, did, on or about July 6, 1915, while serving 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 95 
 
 under the name and rate of , seaman, desert from the 
 
 U. S. S. - , at , and from the U. S. Navy, and did re- 
 main a deserter until he was identified, on or about April 4, 1916, 
 while serving under the name and rate of - , coal passer, 
 
 IT. S. Navy. 
 
 Specif cation. In that , seaman, U. S. Navy, did, 
 
 on or about October 15, 1915, desert from the U. S. S. , at 
 
 , and from the U. S. Navy, and did remain a deserter until 
 he was delivered on board the aforesaid ship, at the aforesaid place, 
 on or about October 18, 1915. 
 
 Specification. In. that , fireman first class, U. S. 
 
 Navy, did, on or about August 8, 1915, while oiler, U. S. Navy, desert 
 
 from the U. S. S. , at , and from the U. S. Navy, and 
 
 did remain a deserter until he was delivered on board the receiving 
 ship at , , on or about August 30, 1915. 
 
 /Specification. In that , private, U. S. Marine Corps, 
 
 did, on or about March 20, 1913, desert from the United States ma- 
 rine barracks, navy yard, -, and from the U. S. Marine Corps, 
 
 and did remain a deserter until he surrendered himself at the United 
 
 States marine barracks, navy yard, , on or about August 20, 
 
 1913. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 did, on or about October 2, 1915, desert from the U. S. S. , at 
 
 , and from the U. S. Marine Corps, and did remain a deserter 
 
 until he was identified, on or about February 2, 1916, at , while 
 
 an applicant for enlistment in the U. S. Navy under the name of 
 
 Specification. In that , mess attendant third class, 
 
 U. S. Navy. did. on or about June 27, 1915, while a general court- 
 martial probationer, desert from the U. S. S. , at - , and 
 
 from the U. S. Navy, and did Temain a deserter until he was deliv- 
 ered on board the U. S. S. , at , on or about May 11, 
 
 1916. 
 
 Specification. In that , seaman, U. S. Navy, did, on 
 
 or about April 20, 1917, desert from the U. S. S. - , at - , 
 and from the U. S. Navy, and dici remain a deserter until he was 
 
 delivered on board the U. S. S. , at , on or about May 
 
 3, 1917. 
 
 Specification. In that , seaman, U. S. Navy, did, 
 
 on or about August 18, 1914, desert from the receiving ship at - , 
 , and from the U. S. Navy, and did remain a deserter until 
 he was delivered to naval authority on or about June 30, 1915, at 
 Fort . 
 
96 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 Charge. DISOBEDIENCE or A LAWFUL ORDER OF THE SECRETARY OF 
 
 THE NAVY. 
 
 Specification. In that Carpenter - , U. S. Navy, serv- 
 ing on board the U. S. S. , having, on or about August 1, 1915, 
 
 had addressed to him by the Secretary of the Navy a letter in words 
 and figures substantially as follows: * * *, did, notwithstanding 
 the direction of the Secretary of the Navy immediately to acknowl- 
 edge the receipt of said letter, neglect and fail, and has ever since 
 neglected and failed, to make such acknowledgment; and the said 
 
 did therein and thereby wilfully disobey a lawful order of 
 
 the Secretary of the Navy. 
 
 Charge. DISOBEYING THE LAWFUL ORDER OF His , SUPERIOR OFFICER. 
 
 Specification. In that Ensign , U. S. Navy, serving 
 
 on board the U. S. S. , having, on or about May 19, 1915, 
 
 on board said ship, been ordered by Lieutenant , U. S. 
 
 Navy, the executive officer of said ship, to 'superintend the work of 
 breaking out the fore hold, did then and there refuse to obey and 
 did wilfully disobey said lawful order. 
 
 Specification. In that , a private in the U. S. Marine 
 
 Corps, serving at the United States marine barracks, navy yard, 
 
 , , having, on or about March 10, 1916, at said marine 
 
 barracks, been lawfully ordered by the commanding officer of said 
 
 barracks, Major , U. S. Marine Corps, to submit to the 
 
 administration of typhoid prophylaxis, did then and there, on the 
 date and at the place aforesaid, refuse to obey and did wilfully 
 disobey said lawful order. 
 
 Specification. In that , seaman, U. S. Navy, serv- 
 ing on board U. S. S. - , at - , - , having, on June 6, 
 1913, while on shore at said place as a member of a landing party 
 for the protection of the United States consulate, been ordered 
 
 by Lieutenant , U. S. Navy, to cease being noisy and 
 
 disorderly, did then and there refuse to obey and did wilfully dis- 
 obey the said lawful order of the said Lieutenant , who was 
 
 then and there in the execution of the duties of his office. 
 
 Specification. In that , seaman, U. S. Navy, serv- 
 ing on board the U. S. S. , having, on June 16, 1915, been 
 
 ordered by , chief boatswain's mate, U. S. Navy, to go 
 
 to the berth deck of said ship and perform extra 'duty in accordance 
 with the sentence of a summary court-martial, did then and there 
 refuse to obey and did wilfully disobey the said lawful order of the 
 said chief boatswain's mate, who was then and there in the execution 
 of the duties of his office. 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 97 
 
 Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. , having, on May 17, 1915, while a mem- 
 ber of the crew of the first steamer of said ship, been ordered by 
 
 Lieutenant , U. S. Navy, then officer of the deck of 
 
 said ship, not to leave said first steamer between the hours of 3.00 
 and 4.00 p. m. on the day aforesaid, did, at about 3.30 p. m. on said 
 day, leave said steamer and go to the canteen of said ship, and did 
 thereby wilfully disobey the said lawful order of the said Lieu- 
 tenant , who was then and there in the execution of the duties 
 
 of his office. 
 
 Charge. DISRESPECT TO THE SECRETARY or THE NAVY. 
 
 Specification. In that Assistant Civil Engineer , 
 
 U. S. Navy, having, in a letter dated December 17, 1915, from the 
 Secretary of the Navy, been directed to explain his failure to pro- 
 ceed to - , , in accordance with an order of the Secretary 
 
 of the Navy, dated November 15, 1915, did, at , on or about 
 
 December 29, 1915, write, send, and publish or cause to be sent and 
 published to the Secretary of the Navy a letter, in the words and 
 figures following, to wit: * * *, which said letter contains con- 
 temptuous and disrespectful words of and against the Secretary of 
 the Navy, and violates the respect due from him, the said - , 
 to the Secretarv of the Navy. 
 
 Charge. DISRESPECTFUL IN LANGUAGE AND DEPORTMENT TO HIS SU- 
 PERIOR OFFICER WHILE IN THE EXECUTION OF His OFFICE. 
 
 Specification. In that Machinist , U. S. Navy, serv- 
 ing on board the U. S. S. , having, on or about October 4, 
 
 1915, on board said ship, been ordered by the senior engineer officer 
 
 of said ship, Lieutenant , U. S. Navy, to inspect the 
 
 clothing of his section of the engineer division, did, at the time and 
 
 place aforesaid, say to said Lieutenant , in a disrespectful 
 
 manner, " I haven't got time to do that now," or words to that effect, 
 
 and therein and thereby the said Machinist was disrespectful 
 
 in language and deportment to his superior officer, the said Lieu- 
 tenant , who was then and there in the execution of his office. 
 
 Specification. In that Assistant Surgeon , U. S. Navy, 
 
 serving on board the U. S. S. , at - , - , having, on 
 
 or about November 16, 1915, on board said ship, been informed by 
 
 his superior officer, Surgeon , U. S. Navy, the senior 
 
 medical officer of said vessel, that he had reported the said 's 
 
 failure to inspect the brig of said ship in accordance with his, the 
 said 's, orders, did then and there assume a disrespectful and 
 
98 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 defiant manner toward his said superior officer, and did reply : " Re- 
 ported me! Go ahead and report; you have put your foot in it, I 
 
 give you that for a tip," or words to that effect; and the said 
 
 was therein and thereby disrespectful in language and deportment 
 
 to his superior officer, the said Surgeon , who was then and 
 
 there in the execution of his office. 
 
 /Specification. In that Lieutenant (junior grade) , 
 
 U. S. Navy, serving on board the U. S. S. , did, on board said 
 
 ship, on or about April 6, 1915, when refused permission by his 
 
 superior officer, Lieutenant Commander , U. S. Navy, 
 
 the executive officer of the said ship, to leave said ship, in an insolent 
 
 manner say to said Lieutenant Commander : " * * *," 
 
 or words to that effect ; and the said : was therein and thereby 
 
 disrespectful in language and deportment to his superior officer, the 
 said - , who was then and there in the execution of his office. 
 
 Specification. In that , seaman, U. S. Navy, serv- 
 
 ing on board the U. S. S. , at - , - , did, on June 6, 
 1915, while on shore at said place as a member of a landing party 
 for the protection of the United States consulate, when ordered oh 
 
 sentry duty by Lieutenant , U. S. Navy, commanding 
 
 the said landing party, say in a defiant manner to said Lieutenant 
 
 : " It's not my turn ; you can't make me do it," or words to 
 
 that effect, and was therein and thereby disrespectful in language and 
 deportment to his superior officer, Lieutenant - , who was then 
 and there in the execution of the duties of his office. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, , , did, on August 15, 
 
 1915, while confined in the guardroom at said barracks, in reply to 
 
 a question addressed to him by Second Lieutenant , U. 
 
 S. Marine Corps, the o^icer of the day at said place and time, reply 
 in a surly and contemptuous manner, " Oh, get out of here ; don't 
 talk to me," or words to that effect, and was therein and thereby dis- 
 respectful in language and deportment to his superior officer, Second 
 
 Lieutenant , who was then and there in the execution of 
 
 his office. 
 
 Charge. DRUNKENNESS. (See C. M. O. 17, 1917, 4.) 
 
 Specification. In that Lieutenant , U. S. Navy, 
 
 serving on board the U. S. S. , at , , was, on March 
 
 6, 1915, on board said ship, under the influence of intoxicating liquor, 
 and thereby incapacitated for the proper performance of duty. 
 
 Specification. In that Commander - , U. S. Navy, 
 
 serving as captain of the yard, at the navy yard, - , - , was. 
 on or about May 25, 1915, at the - - Hotel in the city of - , 
 , under the influence of intoxicating liquor. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 99 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving on board the U. S. S. , at the navy yard, , , 
 
 was, at said navy yard, on August 13, 1912, under the influence of 
 intoxicating liquor and thereby unfit for duty. 
 
 Specification. In that : , seaman, U. S. Navy, a 
 
 patient at the naval hospital, , , was, on or about May 
 
 8, 1015, under the influence of intoxicating liquor at said hospital. 
 
 /Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , - , was, on 
 
 April 15, 1913, upon his return to said barracks from liberty, under 
 the influence of intoxicating liquor and thereby unfit for duty. 
 
 Charge. DRUNKENNESS ON DUTY. 
 
 Specification. In that Commander , U. S. Navy, 
 
 serving as commandant of the navy yard, , , was, on or 
 
 about November 10, 1915, at his quarters in said yard, being then 
 and there on duty, under the influence of intoxicating liquor. 
 
 Specification. In that Lieutenant , U. S. Navy, 
 
 serving on board the U. S. S. , was, on or about May 24, 1915, 
 
 while on duty as officer of the deck of said ship, under the influence 
 of intoxicating liquor, and thereby incapacitated for the proper per- 
 formance of duty. 
 
 Specification. In that Lieutenant : , U. S. Navy, 
 
 serving on board the U. S. S. , was, while on duty and muster- 
 ing his division at quarters on said ship, on or about September 13, 
 1915, under the influence of intoxicating liquor, and thereby in- 
 capacitated for the proper performance of duty. 
 . Specification. In that , seaman, U. S. Navy, serv- 
 ing on board the U. S. S. , at , , was, on June 6, 
 
 1915, while on shore at said place on duty as a member of a landing 
 party for the protection of the United States consulate, under the 
 influence of intoxicating liquor, and thereby incapacitated for the 
 proper performance of duty. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , was, on 
 
 November 22, 1915, while acting as corporal of the guard at said 
 yard, under the influence of intoxicating liquor on guard. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving on board the U. S. S. , at the navy yard, , 
 
 , was, on or about April 19, 1915, while a member of the 
 
 guard of the day of the said ship, under the influence of intoxicating 
 liquor on guard. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , having, 
 
100 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 on July 18, 1913, been regularly posted as a sentinel at the main gate 
 at said navy yard, was, on said date, under the influence of intoxicat- 
 ing liquor while on said post. 
 
 Charge. EMBEZZLEMENT. (See C. M. O. 4, 1913; 39, 1913.) 
 
 Specification. In that Assistant Paymaster , T.T. S. 
 
 Navy, having, while serving on board the U. S. S. , on board 
 
 said ship, received into his possession and under his control, in the 
 execution and under the color of his office as aforesaid, money of the 
 United States, furnished and intended for the naval service thereof, 
 for the disbursement of which according to law he, the said - , 
 was responsible, did, during the period from March 31, 1915, to May 
 11, 1915, fail safely to keep and account for the sum of eight hundred 
 dollars ($800), or thereabouts, of the aforesaid money of the United 
 States, and did, therein and thereby, then and there embezzle the 
 sum of eight hundred dollars ($800), or thereabouts, of money of the 
 United States, furnished and intended for the naval service thereof. 
 
 /Specification. In that Paymaster , U. S. Navy, while 
 
 serving on board the U. S. S. , during the third and fourth 
 
 quarters of the fiscal year ended June 30, 1913, to wit, from Janu- 
 ary 1, 1913, to June 30, 1913, having received into his possession 
 and under his control, in the execution and under color of his office 
 as aforesaid, twenty-nine cases, or thereabouts, of canned pine- 
 apples, of the total value of one hundred thirty-nine dollars and 
 twenty cents ($139.20), or thereabouts, which canned pineapples 
 of the quantity and value aforesaid were subsistence stores of the 
 United States, furnished and intended for the naval service thereof, 
 to wit, for issue to and consumption by the general mess on board 
 
 said ship , and he, the said Paymaster , having then 
 
 and there, during the period aforesaid, wrongfully and knowingly 
 sold and disposed of, or caused to be sold and disposed of, in the 
 
 ship's store on board said ship , the aforesaid subsistence 
 
 stores of the United States of the value and amount of one hundred 
 thirty-nine dollars and twenty cents ($139.20), or thereabouts, as 
 aforesaid, he, .the said Paymaster , did then and there em- 
 bezzle and unlawfully convert to his own use said sum of one hun- 
 dred thirty-nine dollars and twenty cents ($139.20), or thereabouts, 
 
 money of the United States received by the said Pa}^master 
 
 in the execution and under color of his office as aforesaid, being pro- 
 ceeds derived from the sale of the subsistence stores of the United 
 States as aforesaid. 
 
 /Specification. In that Paymaster , U. S. Navy. 
 
 serving on board the U. S. S. , having, on or about February 
 
 25, 1915, received a lawful order from the Secretary of the Navy, 
 
INSTRUCTIONS FOB COURTS A,NI BO*KD. .101 
 
 dated February 5, 1915, directing him to transfer to Paymaster 
 
 , U. S. Navy, the public funds in his possession, and 
 
 the said , having as pay officer of the said ship , between 
 
 January 1, 1915, and February 25, 1915, received the sum of one 
 thousand twenty-five dollars ($1,025), or thereabouts, lawful money 
 of the United States, for subsistence stores of the United States, 
 furnished and intended for the naval service thereof, and sold to 
 
 officers' and other messes of said ship , which sum should have 
 
 been transferred to his relief, Paymaster , U. S. Navy, 
 
 in obedience to the aforesaid order, did, on or about February 25, 
 
 1915, on board said ship , fail to transfer to his relief, the 
 
 said Paymaster , the said sum of one thousand twenty-five 
 
 dollars ($1,025), received for subsistence stores as aforesaid; and the 
 
 said did thereby embezzle the said sum from moneys of the 
 
 United States in his custody. 
 
 Specification. In that Paymaster - , U. S. Navy, serving on 
 
 board the U. S. S. , was on July 31, 1915, justly indebted to 
 
 the United States in the sum of thirty-nine thousand five hundred 
 seventy-three dollars and five cents ($39,573.05), money of the United 
 States, under " General account of advances," for the safe-keeping 
 and disbursement of which sum, in accordance with law, he, the 
 
 said , was responsible; whereas he, the said , did have 
 
 on hand in cash, on board said ship, on the said date, the sum of 
 thirteen thousand nine hundred seventy dollars and five cents ($13,- 
 970.05), and subject to his check in the subtreasuries at New York 
 and San Francisco the total sum of nineteen thousand three hundred 
 twenty-three dollars and ninety-one cents ($19,323.91), making an 
 aggregate sum of only thirty-three thousand two hundred ninety- 
 three dollars and ninety-six cents ($33,293.96), accounted for; and 
 the said - - did, on the date aforesaid, in and by rendering a 
 false and fraudulent return of balances to his credit, in words and 
 figures as follows : " * * *," then and there embezzle and convert 
 to his own use the sum of six thousand two hundred seventy-nine 
 dollars and nine cents ($6,279.09), or thereabouts, from moneys of 
 the United States in his custody, furnished and intended for the 
 naval service thereof, said sum being the difference between the 
 amount for which he was accountable to the United States and the 
 amount accounted for as aforesaid. 
 
 /Specification. In that Paymaster , U. S. Navy, serv- 
 ing at the naval station, - , , having, between November 
 
 26, 1915, and March 1, 1916, had placed to his official credit in the 
 United States subtreasury, - , - , the sum of one hundred 
 and fifty thousand two hundred forty-five dollars and eighty-seven 
 cents ($150,245.87), or thereabouts, lawful money of the United 
 
102 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 States, for disbursement at the naval station to which he was at- 
 tached, and being authorized to draw from the same only as might 
 be required for payments to be made by him in pursuance of law, 
 did, on or about March 1, 1915, withdraw from the said moneys witli 
 which he was so entrusted, and did convert to his own use, the sum 
 of five thousand dollars ($5,000), which sum was not so withdrawn 
 and converted in payment made pursuant to law, by drawing a 
 check, numbered thirty-eight thousand eight hundred and seventy- 
 seven, in favor of himself for the last-mentioned amount on the 
 aforesaid subtreasury, and receiving the money for the same from 
 the First National Bank of , - , thereby effecting an em- 
 bezzlement of five thousand dollars ($5,000), lawful money of the 
 United States, furnished and intended for the naval service thereof. 
 
 Charge. EXECUTING A FRAUD AGAINST THE UNITED STATES. 
 
 Specification. In that Paymaster , U. S. Navy, serv- 
 ing on board the U. S. S. , did, between July 1, 1915, and Sep- 
 tember 30, 1915, on board said ship, issue or cause to be issued, from 
 the stores of the United States on board said ship entrusted to his 
 charge, one overcoat, one blue overshirt, two pairs of shoes, and 
 various other articles of clothing of aggregate value of about thirty- 
 five dollars ($35), to , seaman, U. S. Navy, attached to 
 
 said ship ; and did wilfully and with corrupt intent neglect and fail 
 to charge or cause to be charged for the same as such on the clothing 
 roll of said ship for the then current quarter, but in lieu thereof did 
 knowingly and fraudulently overcharge the account of money paid 
 
 the said during the current quarter on the pay roll of said 
 
 ship the amount of thirty-five dollars ($35). 
 
 Specification. In that Pay Clerk , U. S. Navy, while 
 
 serving at the navy yard, , , as assistant to the pay 
 
 officer of the naval prison at said navy yard, did, on or about March 
 29, 1915, having received into his charge, possession, custody, and 
 control the sum of eighty-four dollars and forty-two cents ($84.42), 
 or thereabouts, lawful money of the United States furnished and in- 
 tended to be paid to , landsman, U. S. Navy, who was 
 
 then being discharged from the United States naval prison at the 
 aforesaid navy yard, and from the United States naval service, wil- 
 fully, corruptly, and with intent to defraud, deliver to the said 
 
 the sum of sixty-four dollars and forty-two cents ($64.42), or 
 
 thereabouts, lawful money of the United States, well knowing that 
 the said was lawfully entitled to the sum of eighty-four dol- 
 lars and forty-two cents ($84.42), and had authority to receive same, 
 for which sum of sixty- four dollars and forty-two cents ($64.42), the 
 said did then and there give a receipt, and the said 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 103 
 
 did therein and thereby defraud the United States of the sum of 
 twenty dollars ($20), or thereabouts, lawful money of the United 
 States, by then and there converting and appropriating the said 
 twenty dollars ($20) to his, the said 's, own use. 
 
 Charge. FAILING TO USE His UTMOST EXERTIONS TO DETECT, APPRE- 
 HEND, AND BRING TO PUNISHMENT ALL, OFFENDERS. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , having, 
 
 on or about February 20, 1911, at said navy yard, been informed by 
 
 , private, U. S. Marine Corps, that he, the said - 
 , was about to commit a theft in the storeroom of the post 
 quartermaster at said barracks, and having witnessed the aforesaid 
 
 , in company with others, names unknown, commit a 
 
 theft in the aforesaid storeroom, did then and there fail to prevent, 
 or to make any effort to prevent, the commission of said theft, and 
 did fail to use his utmost exertions to detect, apprehend, and bring 
 to punishment the perpetrators of said theft. 
 
 ~. 
 
 Charge. FALSEHOOD. . 
 
 Specification. In that Passed Assistant Surgeon , 
 
 U. S. Navy, member and recorder of a board of medical examiners 
 
 in session at the naval hospital, navy yard, - , , having, 
 
 on or about October 13, 1913, refused, on account of alleged infor- 
 malities, to record the proceedings had by the said board in the case 
 
 of Ensign , U. S. Navy, did, on said date, state to 
 
 Medical Inspector , U. S. Navy, president of said 
 
 board, that he, the said , had referred the matter of his 
 
 action in refusing to record the proceedings of the board as aforesaid 
 to the Secretary of the Navy, who had sustained his action in so 
 refusing, which said statement was wholly false and intended to de- 
 ceive, as he, the said , well knew. 
 
 Specification. In that Colonel , U. S. Marine Corps, 
 
 being in command of the marine barracks, navy yard, , , 
 
 well knowing that the northwest chimney of the building at said 
 
 barracks occupied as officers' quarters was in a dangerous condition, 
 
 such fact having been officially reported to him by First Lieutenant 
 
 , U. S. Marine Corps, on April 2, 1915, and having, on 
 
 or about April 10, 1915, received from the Commandant of the U. S. 
 
 Marine Corps a telegram of that date substantially as follows: 
 
 *," did, on the same day, send to said commandant a telegram 
 
 in reply substantially as follows: "* * *," the said well 
 
 knowing that the first order given by him to discontinue the use of 
 
104 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 said defective chimney was not issued until April 10, 1915, and that 
 so much of his aforesaid telegram as stated that he had ordered 
 discontinuance of the use of the said chimney as soon as the defect 
 was discovered therein was wholly false and intended to deceive. 
 
 /Specification. In that Passed Assistant Paymaster , 
 
 U. S. Navy, then serving on board the U. S. S. , at Shanghai, 
 
 China, having received from the Navy Department a letter in words 
 and figures substantially as follows, to wit : " * * *," did, on or 
 about December 28, 1915, address to the Secretary of the Navy a 
 letter in words and figures substantially as follows, to wit : " * * *," 
 the said - well knowing that the statements contained in his 
 letter of December 28, 1915, to the effect that he had received the 
 sum of two thousand five hundred dollars ($2,500) from his former 
 clerk, - , as a loan and not in any sense as a bond, was 
 
 wholly false and intended to deceive. 
 
 Specification. In that Captain - , U. S. Marine Corps, 
 
 in command of the marine barracks, navy yard, , acting 
 
 as post treasurer at said barracks, and being in such capacity charged 
 with the expenditure of the company fund thereof and the purchase 
 of supplies for the use of the said barracks, did, on August 4, 1915, 
 upon turning over the command of said barracks, preliminary to his 
 
 detachment therefrom on said day, to his relief, Captain 
 
 , U. S. Marine Corps, state to the said , in substance, 
 
 that all financial claims against the barracks aforesaid had been 
 settled, and that there were then no debts outstanding chargeable to 
 the said company fund ; whereas he, the said - , well knew that 
 said barracks was, on the day above mentioned, indebted to one 
 , of the city of , , in the sum of twenty- 
 three dollars ($23), for supplies furnished by him to said t>arracks 
 during the fiscal year ending June 30, 1915, which supplies had been 
 
 purchased from him on credit by the said for the use of the 
 
 barracks aforesaid, and were a proper charge upon said company 
 fund, said statement, as above set forth, being false, and, as such, 
 
 made by the said to the said - - knowingly and wilfully 
 
 and with intent to deceive. 
 
 Specification. In that - , quartermaster third class, 
 
 U. S. Navy, serving on board the U. S. S. , having on June 2, 
 
 1914, entered the warrant officer's pantry of said ship in company 
 with - , seaman, U. S. Navy, did, on or about June 3, 
 
 1914, upon being questioned by Commander , U. S. 
 
 Navy, the executive officer of said ship, as to who had accompanied 
 him, the said - , on the occasion specified, state to the said 
 Commander - - that he was not accompanied by any person, 
 which statement was knowingly false and intended to deceive. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 105 
 
 Charge. FORGING A SIGNATURE FOR THE PURPOSE OF OBTAINING PAY- 
 MENT OF A CLAIM AGAINST THE UNITED STATES. 
 
 Specification. In that Assistant Surgeon , U. S. 
 
 Navy, serving at the United States Naval Hospital, - , , 
 
 did, on or about March 16, 1915, upon check number eight hundred 
 fifty-five thousand two hundred forty-six, dated March 15, 1915, 
 drawn upon the Treasurer of the United States at Washington, Dis- 
 trict of Columbia, by Pay Inspector , U. S. Navy, pay- 
 able to the order of " , U. S. N.," for the sum of sixty- 
 five dollars and fifty-six cents ($65.56) , due Passed Assistant Surgeon 
 
 , U. S. Navy, for pay, without authority, unlawfully 
 
 make, sign, and counterfeit upon the back of said check the signature 
 
 of " , U. S. N.," thus making said check payable to 
 
 bearer, for the purpose of fraudulently obtaining payment to him, 
 
 the said Assistant Surgeon , the claim of the said 
 
 , U. S. Navy, against the United States for pay, to whom the 
 said check had been lawfully sent to satisfy said claim. 
 
 Charge. FRAUD. (See C. M. O. 4, 1916, 3-4.) 
 
 Specification. In that - , yeoman first class, U. S. 
 
 Navy, serving on board the U. S. S. , at the navy yard, , 
 
 , did, between July 1, 1915, and August 7, 1915, on board the 
 aforesaid ship, knowingly and fraudulently undercharge on the pay 
 roll of the said ship for the then current quarter, to wit, the first 
 
 quarter of the fiscal year, 1916, to his own, the said 's account, 
 
 the sum of nineteen dollars and thirty-six cents ($19.36), United 
 States money, and did falsely balance the discrepancy resulting 
 therefrom on the said pay roll by knowingly and fraudulently over- 
 charging on the said pay roll to the accounts of the following-named 
 men, all belonging to the crew of the said ship at some time during 
 the quarter aforesaid, the amounts in United States money herein- 
 after stated, to wit : : , machinist's mate first class, U. S. 
 
 Navy, the sum of two dollars and seventy-five cents ($2.75) ; 
 
 , gunner's mate second class, U. S. Navy, three dollars and 
 
 fifty cents ($3.50) ; -. , seaman, U. S. Navy, three dollars 
 
 and five cents ($3.05) ; , seaman, U. S. Navy, three dol- 
 lars ($3) ; , ordinary seaman, U. S. Navy, two dollars 
 
 and fifty cents ($2.50) ; , ordinary seaman, IT. S. Navy, 
 
 two dollars ($2) ; , fireman second class, U. S. Navy, 
 
 two dollars and fifty-six cents ($2.56) ; the aggregate amount over- 
 charged being a total of nineteen dollars and thirty-six cents ($19.36), 
 United States money. 
 
106 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 Charge. FRAUDULENT ENLISTMENT. (See C. M. O. 17, 1916, 5-8.) 
 
 Specification. In that - , private, U. S. Marine Corps, 
 
 alias , formerly private, U. S. Army, did, on or about 
 
 December 8, 1915, at the marine barracks, navy yard, , , 
 
 procure himself to be accepted and did fraudulently enlist as a 
 
 private in the U. S. Marine Corps, under the name of , 
 
 by falsely representing that he had never been discharged from the 
 United States service through sentence of a military court and by 
 deliberately and wilfully concealing from the recruiting officer the 
 fact that he had, on or about November 19, 1915, while serving under 
 
 the name and rank of , private, been discharged from 
 
 the U. S. Army, pursuant to the sentence of a general court-martial, 
 with a dishonorable discharge; and, furthermore, that he, the said 
 , alias , has, since said enlistment, re- 
 ceived pay and allowances thereunder. 
 
 Specification. In that , apprentice seaman, alias 
 
 , formerly apprentice seaman, U. S. Navy, did, on 
 
 or about September 30, 1915, at the U. S. Navy recruiting 
 station, Atlanta, Georgia, procure himself to be accepted and did 
 fraudulently enlist as an apprentice seaman in the U. S. Navy, under 
 
 the name of , by falsely representing that he had had 
 
 no previous service in the U. S. Navy and that he had never been 
 discharged from the United States service through sentence of a 
 military court, and by deliberately and wilfully concealing from the 
 recruiting officer the fact that he had, on or about April 23, 1914, 
 
 while serving under the name and rate of , apprentice 
 
 seaman, been discharged from the U. S. Navy, pursuant to the sen- 
 tence of a general court-martial, with a dishonorable discharge ; and, 
 
 furthermore, that he, the said : , alias , has, 
 
 since said enlistment, received pay and allowances thereunder. 
 
 Specification. In that , fireman third class, alias 
 
 , seaman, U. S. Navy, did, on or about February 21, 1915, 
 
 at the U. S. Navy recruiting station, Chicago, Illinois, procure him- 
 self to be accepted and did fraudulently enlist as a coal passer in 
 the U. S. Navy, under the name of , by falsely repre- 
 senting that he had had no previous service in, and had never de- 
 serted from, the U. S. Navy, and by deliberately and wilfully con- 
 cealing from the recruiting officer the fact that he had, on or about 
 
 July 6, 1913, while serving under the name and rate of , 
 
 seaman, deserted from the U. S. Navy and was a deserter at large. 
 
 Specification. In that , apprentice seaman, formerly 
 
 apprentice seaman, U. S. Navy, did, on or about August 28, 1915, 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 107 
 
 at the U. S. Navy recruiting station, Kansas City, Missouri, pro- 
 cure himself to be accepted and did fraudulently enlist as an ap- 
 prentice seaman in the U. S. Navy by falsely representing that he 
 had had no previous service in the U. S. Navy, and that he had never 
 been discharged from the United States service on account of dis- 
 ability, and by deliberately and wilfully concealing from the re- 
 cruiting officer the fact that he had, on or about January 11, 1915, 
 while serving as an apprentice seaman, been discharged from the 
 U. S. Navy for physical disability, pursuant to a recommendation 
 of a medical board of survey; and, furthermore, that he, the said 
 
 . has, since said enlistment, received pay and allowances 
 
 thereunder. 
 
 /Specification. In that - , apprentice seaman, U. S. 
 
 Navy, alias , formerly private, U. S. Marine Corps, did, 
 
 on or about June 24, 1915, on board the U. S. S. , at , 
 
 procure himself. to be accepted and did fraudulently enlist as an 
 
 apprentice seaman in the U. S. Navy, under the name of 
 
 , by falsely representing that he had never deserted from the 
 U.. S. Marine Corps, and by deliberately and wilfully concealing 
 from the recruiting officer the fact that he had, on or about Novem- 
 ber 7, 1911, while serving under the name and rank of , 
 
 private, deserted from the U. S. Marine Corps, and was a deserter 
 
 at large; and, furthermore, that he, the said = , alias 
 
 , has, since said enlistment, received pay and allow- 
 ances thereunder. 
 
 Specification. In that - , apprentice seaman, alias 
 
 , formerly ordinary seaman, U. S. Navy, did, on or 
 
 about July 15, 1915, on board the U. S. S. , at , procure 
 
 himself to be accepted and did fraudulently enlist as an apprentice 
 
 seaman in the U. S. Navy, under the name of , by 
 
 falsely representing that he had had no previous service in the U. S. 
 Navy, and by deliberately and wilfully concealing from the recruit- 
 ing officer the fact that he had, on or about May 26, 1915, while serv- 
 ing under the name and rate of , ordinary seamen, 
 
 been discharged from the U. S. Navy, for inaptitude ; and, further- 
 more, that he, the said , alias , has, since 
 
 said enlistment, received pay and allowances thereunder. 
 
 Charge. GAMBLING. 
 
 Specification. In that : , seaman, U. S. Navy, 
 
 serving on board the U. S. S. , did, on or about October 10, 
 
 1912, in number two fireroom of said vessel, gamble for money with 
 cards. 
 
 26450 17 8 
 
108 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 Charge. HAZING. 
 
 (Triable by court-martial ordered by the Superintendent of the 
 Naval Academy. See Chapter X.) 
 
 Specification. In that Midshipman , U. S. Navy, 
 
 a member of the third class at the United States Naval Academy, 
 Annapolis, Maryland, and serving at said Naval Academy, did, at or 
 about 7.45 a. m. April 3, 1914, in Bancroft Hall in the said Naval 
 
 Academy, haze Midshipman , U. S. Navy, a member 
 
 of the fourth class at said Naval Academy, by causing the said Mid- 
 shipman to stand on his head and perform calisthenic exer- 
 cises, therein and thereby exercising unwarranted assumption of 
 authority over the said Midshipman , causing the said Mid- 
 shipman to suffer indignity, humiliation, hardship, and 
 
 oppression. 
 
 Charge. IMPROPERLY HAZARDING THE VESSEL, UNDER His COM- 
 MAND, IN CONSEQUENCE OF WHICH SHE WAS RUN UPON A ROCK 
 AND LOST. 
 
 Specification. In that Commander , U. S. Navy, 
 
 then in command of the U. S. S. , while said ship was at sea 
 
 making a passage from to , on November 19, 1915, 
 
 about 9 p. m., the weather at the time being thick and foggy, the 
 night dark, and the currents uncertain, did issue written night orders 
 in substance as follows: That during the night the said ship - 
 was to proceed under slow speed, and was to steer a course of two 
 hundred forty degrees, by standard compass; the said Commander 
 - knowing at the time he issued the aforesaid orders, from re- 
 ports which had been made to him by Lieutenant , U. S. 
 
 Navy, the navigator of said ship at the time, and from calcula- 
 tions which he, the said Lieutenant , had made, that the ship 
 
 would be, at the time the course was to be changed to two hundred 
 forty degrees, by standard compass, in obedience to the aforesaid 
 
 night orders, about thirty miles from the Islands, and that 
 
 the said course of two hundred forty degrees, by standard compass, 
 would head the said ship - - almost directly for the said - 
 Islands, which islands it was dangerous to approach on a dark and 
 foggy night, and in issuing the aforesaid night orders he, the said 
 Commander , did improperly hazard the ship under his com- 
 mand, which ship, while being run in obedience to the aforesaid 
 night orders, ran upon a rock at about 4.05 a. m., November 20, 
 
 1915, which rock was close to the southeast end of the East 
 
 Island, or thereabouts, and in consequence of which striking upon 
 the aforesaid rock, the said ship was lost. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 109 
 
 Charge. IMPROPERLY HAZARDING THE VESSEL UNDER His COMMAND, 
 IN CONSEQUENCE OF WHICH SHE WAS EUN UPON A SHOAL AND 
 SERIOUSLY INJURED. 
 
 Specification. In that Lieutenant , U. S. Navy, be- 
 ing in command of the U. S. S. , making passage from - , 
 
 , to , , did, on or about June 10, 1916, while ap- 
 proaching the harbor of , cause to be steered a course that 
 
 lay over Reef, near said harbor, and where there was at the 
 
 same time available a wide, clear, and deep channel to the eastward 
 of said reef, and this he did in the absence of any necessity of shaping 
 a course over said reef rather than away therefrom, and he, the 
 
 said Lieutenant , did then and there, in the manner aforesaid, 
 
 suffer the vessel under his command, the said U. S. S. , to be 
 
 hazarded, without justifiable cause, in consequence of which hazard 
 
 as aforesaid the said ship was, on or about the date aforesaid, 
 
 then and there run upon said Reef, and was thereby, at the 
 
 time and place aforesaid, seriously injured. 
 
 Charge. KNOWINGLY AND WILFULLY MISAPPROPRIATING AND AP- 
 PLYING TO His OWN USE AND BENEFIT MONEY OF THE UNITED 
 STATES INTENDED FOR THE NAVAL SERVICE THEREOF. 
 
 Specification. In that Chief Pay Clerk - , U. S. Navy, 
 
 did, at various times during the period from about January 1, 1915, 
 to about March 31, 1915, exact dates unknown, on board the U. S. S. 
 , while serving on board said ship as the clerk of Passed As- 
 sistant Paymaster - , U. S. Navy, serving on board said 
 
 ship - , then and there, in the course of his employment as 
 aforesaid, from money lawfully delivered by the United States to 
 
 the said Passed Assistant Paymaster in the execution of his 
 
 duties as paymaster of the aforesaid ship, knowingly and wilfully 
 misappropriate money of the United States intended for the naval 
 service thereof, to the value of six hundred dollars ($600), or there- 
 abouts, which money came into his, the said 's, custody and 
 
 possession in the course of his employment as aforesaid, and he, the 
 said - , did then and there apply the said money of the United 
 States to his own use and benefit. 
 
 Charge. LEAVING POST BEFORE BEING REGULARLY RELIEVED. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , having, on 
 
 June 4, 1912, been regularly posted as a sentinel on post number four 
 at said navy yard, did, at about 11.00 p. m., on said date, while so 
 posted, leave said post before being regularly relieved, 
 
110 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving on board the U. S. S. , having, on September 8, 1913, 
 
 been regularly posted as a sentinel over prisoners on board said ship, 
 did, between 6.00 and 8.00 p. m., on said date, while so posted, leave 
 said post before being regularly relieved. 
 
 Charge. LEAVING STATION BEFORE BEING REGULARLY RELIEVED. 
 
 . 
 
 Specification. In that Lieutenant , U. S. Navy, serv- 
 ing on board the U. S. S. - , having, at or about 8.00 p. in., 
 
 May 24, 1912, regularly relieved the officer of the deck of the said 
 ship, did, at about 9.00 p. m., of the same day, while officer of the 
 deck of the said ship, leave his station before being regularly relieved. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, H ? 5 did, on 
 
 October 22, 1915, while acting as corporal of the guard at the main 
 gate of said yard, absent himself from his station before being 
 regularly relieved, and did remain so absent for a period of about 
 one hour. 
 
 Charge. MAKING FALSE AND FRAUDULENT WRITTEN REPORTS FOR 
 THE PURPOSE or AIDING OTHERS TO OBTAIN THE APPRO VAI/ OF 
 CLAIMS AGAINST THE UNITED STATES. 
 
 Specification. In that Naval Constructor , U. S. 
 
 Navy, being, on or about May 1, 1915, and continuously thereafter 
 
 until the date hereof, serving at the navy yard, , , as 
 
 the head of the department of - at said yard, and it being a 
 
 part of his duty as such head of department to supervise and control 
 all work pertaining to said department and to have the general 
 superintendence, charge, and direction of all persons employed in 
 said department, and it being also a part of his duty, when doing 
 work for another department, to send every morning through 
 the commandant to the head of such department a report of the 
 number and class of men employed, with their rates of pay, did, 
 from time to time, between May 28, 1915, and June 30, 1915, 
 cause to be prepared and transmitted over his official signature, as 
 the head of the department of , to the heads of other depart- 
 ments .at said yard, to wit, to the heads of the departments of 
 
 , , and , statements of labor performed for such 
 
 other departments, respectively, which statements contained the 
 names of laborers and mechanics who were credited with having ren- 
 dered, respectively, one and five-eighths days' service on certain 
 
 days therein specified; whereas, in fact, as he, the said , well 
 
 knew, such laborers and mechanics had rendered and were entitled to 
 be credited with one and three-eighths days' service only on such 
 
INSTRUCTIONS FOR COURTS AND BOARDS. Ill 
 
 days; and the said did, therein and thereby, make false and 
 
 fraudulent written reports of labor performed by employees of the 
 department under his charge for the purpose of aiding others to 
 obtain the approval of claims against the United States. 
 
 Charge. MAKING AND USING FALSE PAPERS FOR THE PURPOSE OF 
 AIDING OTHERS TO OBTAIN THE APPROVAL AND PAYMENT OF A 
 CLAIM AGAINST THE UNITED STATES. 
 
 Specification. In that Colonel , U. S. Marine Corps, 
 
 being in command of the marine barracks, navy yard, , , 
 
 having, on October 31, 1915, made a requisition on Colonel 
 
 , quartermaster, U. S. Marine Corps, in words and figures 
 
 as follows: "* *," and the said quartermaster of the Marine 
 
 Corps, on November 3, 1915, the public exigency requiring the im- 
 mediate delivery of the articles enumerated in said requisition, having 
 
 ordered that they be procured by open purchase, and the said 
 
 having purchased said articles from , Fulton Street, 
 
 Brooklyn, New York, did, on or about November 15, 1915, in 
 
 order to obtain the approval, and payment to said firm, of its claim 
 against the United States for said articles, prepare and forward 
 to said quartermaster, U. S. Marine Corps, an open purchase voucher, 
 
 in words and figures as follows : " * * *," the said well 
 
 knowing that the articles enumerated in said voucher, , were 
 
 not inspected and received by him at the navy yard, , , 
 
 and therefore that the certificates on said voucher made and signed 
 by him that the said articles were so inspected and received were 
 false. 
 
 Charge. MALINGERING. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , did, on or 
 
 about April 21, 1911, while a patient at the United States Naval 
 Hospital, , , at said hospital, feign to be ill and in- 
 capacitated for the proper performance of duty by pretending that 
 he could not speak aloud, whereas he was, in fact, capable of speaking 
 aloud, and did continue in the aforesaid pretension until on or about 
 
 August 9, 1911 ; and he, the said , was, in consequence 
 
 of said pretension, retained as a patient in the said hospital between 
 the aforesaid dates, and was thereby excused from performing duty 
 between the said dates. 
 
 Charge. MALPRACTICE. 
 
 Specification. In that Surgeon , U. S. Navy, serv- 
 ing at the navy yard, , , having, on November 2, 1912, 
 
112 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 at the naval hospital at said navy yard, been applied to for treat- 
 ment for a disease of the eyes by Lieutenant , U. S. 
 
 Navy, stationed at the navy yard aforesaid, did, on the date and at 
 the place aforesaid, through reprehensible ignorance and careless- 
 ness, apply a caustic to the eyes and eyelids of the said Lieutenant 
 
 in such manner as to cause serious injury to both eyes 
 
 of the said Lieutenant , and seriously to impair the 
 
 vision of the said Lieutenant . 
 
 Charge. MALTREATING A PERSON SUBJECT TO His ORDERS. 
 
 Specification. In that Commander , U. S. Navy, being in 
 
 command of the U. S. S. - , did, on or about March 5, 1915, 
 
 while the said ship was at - , , maltreat - , 
 
 then a fireman second class, U. S. Navy, and stationed on board said 
 ship, by causing him, the said , to be confined in a strait- 
 jacket on board said ship without justifiable cause therefor and 
 to be kept so confined during a period of about seven days. 
 
 Specification. In that Lieutenant , U. S. Navy, serv- 
 ing on board the U. S. S. , did, on April 6, 1915, on board 
 
 said ship, wilfully and without justifiable cause assault and kick 
 , mess attendant third class, U. S. Navy, serving on 
 board the said ship. 
 
 Charge. MANSLAUGHTER. 
 
 Specification. In that - , private, U. S. Marine Corps, 
 
 serving at the United States marine barracks, , - , did, 
 
 at about 11.30 p. m., on October 23, 1915, in a house occupied by 
 
 one , at , , feloniously and wilfully, and 
 
 without justifiable cause, assault and strike one , sea- 
 man, U. S. Navy, with a certain blunt instrument, further descrip- 
 tion unknown, which he, the said , then and there had and 
 
 held in his hands, then and there inflicting a mortal wound in and 
 
 upon the left side of the head of the said , of which said 
 
 mortal wound so inflicted, as aforesaid, the said died at about 
 
 1.20 a, m., on October 31, 1915. 
 
 Charge. MAYHEM, 
 
 Specification. In that , boilermaker, U. S. Navy, 
 
 serving on board the U. S. S. , did, on or about May 28, 1915, 
 
 on board said ship, assault , coal passer, U. S. Navy, 
 
 stationed on the said ship, and did then and there unlawfully and 
 maliciously bite off the right forefinger of the said 
 thereby maiming and wounding the said 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 113 
 
 Charge. MURDER. 
 
 (Note. See article 6 of the Articles for the Government of tlie 
 Navy, which has been construed as restricting the jurisdiction of a 
 naval general court-martial over the crime of murder to cases where 
 this offense is committed without the territorial jurisdiction of the 
 United States.} 
 
 Specification. In that - , fireman second class, U. S. 
 
 Navy, serving on board the U. S. S. , at anchor off Cherbourg, 
 
 France, did, at or about 9.00 a. m. on November 18, 1913, while on 
 liberty ashore at or near the junction of the streets known as - 
 and - - in the city of Cherbourg, France, wilfully, feloniously, 
 with malice aforethought, and without justifiable cause, attack 
 
 with a deadly weapon, to wit, a knife, , water tender, 
 
 U. S. Navy, serving on board the said ship , and did then and 
 
 there inflict, with the knife aforesaid, a mortal wound on the left 
 side of the chest of the said , of which said mortal wound, in- 
 flicted as aforesaid, the said died at about 1.00 p. m. on the 
 
 date aforesaid. 
 
 Charge. NEGLECT OF DUTY. 
 
 Specification. In that Lieutenant , U. S. Navy, 
 
 while serving on board the U. S. S. as navigator of said 
 
 vessel, making passage from - - to , did, on May 4, 1913, 
 
 although the weather permitted, neglect and fail to obtain the local 
 deviation of the standard compass of said ship; and the said Lieu- 
 tenant did thereby neglect his duty as navigator of said ship. 
 
 Specification. In that Chief Boatswain , U. S. 
 
 Navy, commanding United States coal barge number two, laden with 
 
 coal, at sea, in tow of the U. S. S. , making passage from 
 
 to - , did, between 10.00 p. m., December 19, 1915, and 6.00 a. m., 
 December 20, 1915, neglect and fail to keep himself informed at 
 proper intervals of the depth of water in said barge number two, and 
 did therein and thereby neglect his duty as commanding officer of 
 said barge. 
 
 Specification. In that Chief Boatswain , U. S. 
 
 Navy, commanding United States coal barge number two, laden 
 
 with coal, at sea, in tow of the U. S. S. , making passage from 
 
 to - , did, between 10.00 p. m., December 19, 1915, and 
 
 6.00 a. m., December 20, 1915, neglect and fail to cause to be kept a 
 steam pressure in the boiler of said barge sufficient to work the pump, 
 and did therein and thereby neglect his duty as commanding officer 
 of said barge. 
 
 Specification. In that Chief Boatswain , U. S. 
 
 Navy, commanding United States coal barge number two, laden with 
 
114 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 coal, at sea, in tow of the U. S. S. , making passage from 
 
 to - , having between 10.00 p. m., December 19, 1915, and 6.00 
 a. m,, December 20, 1915, negligently allowed water to enter said 
 barge to a hazardous depth, did, at or about 7.00 a. m., December 20, 
 1915, in latitude twenty-six degrees and one minute North, and 
 longitude seventy-nine degrees and forty-seven minutes West, or 
 thereabouts, abandon said barge without making an effort to free 
 her from such water or to save any part of her outfit, and the said 
 - did therein and thereby neglect his duty as commanding 
 officer of said barge. 
 
 Specification. In that Lieutenant (junior grade) - , 
 
 U. S.'Navy, commanding the U. S. S. - - engaged in towing coal 
 barge number two, laden with coal, making passage from - - to 
 , which barge was, at or about 7.00 a. m., December 20, 1915, in 
 latitude twenty-six degrees and one minute North, and longitude 
 seventy-nine degrees and forty-seven minutes West, or thereabouts, 
 abandoned by her commanding officer, Chief Boatswain 
 
 , U. S. Navy, and crew., and he, the said - , having been 
 nformed that water had entered said barge to a hazardous depth, 
 did fail to send a relief crew on board said barge and did therein 
 and thereby neglect his duty as commanding officer of said ship. 
 
 Specification. In that - , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , having, at 
 
 or about 5.00 a. m. on September 9, 1916, been regularly posted as 
 a sentinel over prisoners confined in the cells at said barracks, did, 
 
 between 5.00 a. m. and 5.45 a. m. on the day aforesaid, suffer 
 
 , fireman third class, a prisoner confined in one of the aforesaid 
 
 cells, to escape by way of the window of the cell in which the said 
 
 was confined, notwithstanding the fact that the window of said 
 
 cell was protected by bars, which bars were, at the time the said 
 
 was posted as aforesaid, secured in such a way as to prevent 
 
 the exit of the said prisoner through the aforesaid window ; and the 
 said - - did thereby neglect his duty as sentinel on said post. 
 
 Specification. In that , corporal, U. S. Marine 
 
 Corps, serving at the marine barracks, navy yard, , - , 
 
 being, on January 29, 1915, on duty as corporal of the prison guard 
 at said barracks, and having, at or about 7.00 p. m. on the said day, 
 taken the prisoners under his charge, eleven in number, more or less, 
 from the cells on board the U. S. S. - , where they were con- 
 fined, to the sinks on the dock for the purpose of policing said pris- 
 oners, did, after said prisoners had entered the sinks aforesaid, leave 
 them under a guard consisting of two sentinels, and did go aboard 
 
 said ship , moored to the dock abreast of said sinks, where he 
 
 remained for a period of about ten minutes, and upon his return 
 from said vessel did neglect and fail to verify the number of said 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 115 
 
 prisoners before taking them again on board said ship ; and the said 
 
 did therein and thereby neglect his duty as corporal 
 
 of the guard, in consequence of which neglect one of the prisoners 
 
 hereinbefore mentioned, , private, U. S. Marine Corps, 
 
 did, between 7.00 p. m. and 7.30 p. m., on the day aforesaid, escape. 
 
 Charge. NEGLIGENCE IN OBEYING ORDERS. 
 
 Specification. In that First Lieutenant , U. S. Ma- 
 rine Corps, serving at the marine barracks, navy yard, - , 
 , having on December 9, 1915, been duly discharged from at- 
 tendance as a witness before a court of inquiry in session at the 
 
 navy yard, , with orders from the Secretary of the 
 
 Navy to proceed to his station, at , did neglect and fail to 
 
 report in obedience thereto until about 4.30 p. m. December 15, 1915 ; 
 and the said - - was thereby negligent in obeying orders. 
 
 Charge. PERJURY. 
 
 (For definition see Naval Digest, 1916, p. 458 ; see also section 79 and C. M. O. 
 51, 1914.) 
 
 Specification. In that , fireman second class, U. S. 
 
 Navy, a prisoner in the naval prison, navy yard, - , , hav- 
 ing, on February 24, 1915, been duly sworn as a witness before a gen- 
 eral court-martial by the president thereof, said court-martial being 
 
 then convened on board the U. S. S. , at , , did, 
 
 wilfully and contrary to said oath, testify as follows (here quote ver- 
 batim the testimony containing false statements), which testimony 
 that (here quote verbatim the false statement) was false; whereas, in 
 truth and in fact (here allege affirmatively what was the truth) ; and 
 
 the said false testimony was known by the said to be false, 
 
 was material to the issue then and there being tried, and was given 
 with the intent to deceive the said general court-martial. 
 
 Specification. In that Ensign , U. S. Navy, while 
 
 serving on board the U. S. S. at the navy yard, , , 
 
 having, on or about March 3, 1914, at his own request, been duly 
 sworn as a witness before a court of inquiry, by the president of 
 said court, the said court of inquiry being then and there convened 
 at the navy yard aforesaid by order of the Secretary of the Navy 
 for the purpose of inquiring into a report made against him, the 
 
 said , by the commanding officer of the U. S. S. , and 
 
 before which said court, he, the said , was then and there an in- 
 terested party, did, then and there, wilfully, falsely, and corruptly, 
 and contrary to said oath, testify in answer to the question asked him, 
 the said - , by counsel then and there representing the said 
 , " Will you state all you know regarding the leather hand- 
 
116 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 bag that has been in the custody of the commanding officer of the 
 
 since January 28, 1914? " in part as follows: "Among other 
 
 things about the day before Thanksgiving, I purchased this leather 
 
 handbag at Madame 's, together with several other articles " ; 
 
 which said testimony that stated, " I purchased this leather hand- 
 bag at Madame 's," was false; whereas, in truth and in fact, 
 
 the said did not purchase the said leather handbag at the 
 
 said Madame - 's, or elsewhere at the time aforesaid, or at any 
 other time; and whereas, in truth and in fact, the said , had, 
 on or about January 14, 1914, feloniously taken, stolen, and carried 
 away said leather handbag of the value of about ten dollars and 
 eighty-five cents ($10.85), from the stateroom of Ensign 
 
 , U. S. Navy, on board said ship , said handbag being 
 
 the property of - , boatswain's mate first class, U. S. 
 
 Navy, and the testimony last aforesaid was then and there known by 
 the said - to be false, was material to the issue then and there 
 being inquired into by said court of inquiry, and was given with 
 intent to deceive said court of inquiry. 
 
 Charge. RAPE. 
 
 Specification. In that - , fireman second class, U. S. 
 
 Navy, serving on board the U. S. S. at the navy yard, , 
 
 , did, between 4.00 and 5.00 p. m. on July 25, 1914, in the 
 
 said navy yard, near the U. S. S. , forcibly make an assault 
 
 in and upon the body of , and did, feloniously and 
 
 against her, the said "s, will, forcibly ravish and car- 
 nally and unlawfully know her, the said . 
 
 Charge. RESISTING ARREST. 
 
 Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. - , did, on board said ship, on August 24, 
 
 1915, while being lawfully placed in confinement by , 
 
 master at arms first class, U. S. Navy, forcibly resist arrest. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , did, on 
 
 or about September 25, 1915, at said navy yard, while being lawfully 
 placed under arrest by - , corporal, U. S. Marine Corps, 
 
 on duty as corporal of the guard at said barracks, forcibly resist 
 arrest. 
 
 Charge. JOBBERY. (See C. M. O. 8, 1913, 6-7.) 
 
 Specification. In that , trumpeter, U. S. Marine 
 
 Corps, serving at the marine barracks, navy yard, , - , 
 
 did, on or about April 3, 1915, in Creek, near said navy yard, 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 11 7 
 
 with force and violence, feloniously make an assault upon 
 
 , a constable of Beaufort County, in said State, then and there 
 
 in the execution of his office, and did feloniously rob, steal, take, and 
 
 carry away from him, the said Constable , two barrels of 
 
 beer, value unknown, lawfully seized and held by him, the said Con- 
 stable , under the laws of the State of . 
 
 Charge. SCANDALOUS CONDUCT TENDING TO THE DESTRUCTION OF 
 GOOD MORALS. (See section 67.) 
 
 Specif cation. In that Paymaster - , IT. S. Navy, 
 
 while serving on board the U. S. S. - , did, on about Septem- 
 ber 15, 1915, render to the Bureau of Supplies and Accounts, Navy 
 Department, a monthly summary statement for the month ending 
 August 31, 1915, in which he reported that, of the balance due to the 
 
 United States by him as pay officer of the said ship , there was 
 
 on deposit in the subtreasury under " General .account of advances," 
 on August 31, 1915, the sum of twenty-four thousand two hundred 
 and six dollars ($24,206) ; whereas, on the said date there was on 
 deposit to his credit, in the subtreasury at New York, the sum of 
 seven thousand seven hundred and three dollars and thirty-three 
 cents ($7,703.33) , with outstanding checks against that credit amount- 
 ing to six hundred and twenty-five dollars ($625), and in the sub- 
 treasury at San Francisco the sum of thirteen thousand five hundred 
 and eighty-seven dollars and fifty cents ($13,587.50) , with outstand- 
 ing checks against said credit amounting to one thousand seven hun- 
 dred and sixty -nine dollars and ninety cents ($1,769.90) ; and, whereas, 
 
 there remained* subject to check by the said in the subtreasury 
 
 at New York the sum of seven thousand and seventy-eight dollars and 
 thirty-three cents ($7,078.33), and in the subtreasury of San Fran- 
 cisco the sum of eleven thousand eight hundred and seventeen dollars 
 and sixty cents ($11,817.60), making a total amount of only eighteen 
 thousand eight hundred and ninety-five dollars and ninety-three 
 cents ($18,895.93) subject to his check in the aforesaid subtreasuries, 
 the said - did, in and by said summary statement, knowingly 
 and wilfully render a false and fraudulent return of balances to his 
 credit in the subtreasuries at New York and San Francisco, as 
 aforesaid. 
 
 Specification. In that - , boatswain's mate second 
 
 class, and , ordinary seaman, U. S. Navy, serving on 
 
 board the U. S. S. , were, on May 13, 1915, in the ordnance 
 
 storeroom of said ship, found lying together, each with his person 
 indecently exposed and in contact with that of the other. 
 
 Specification. In that , electrician second class, U. 
 
 S. Navy, having, at some time during June, 1914, exact date un- 
 
118 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 known, while serving on board the U. S. S. , then at , 
 
 , seduced one , an unmarried woman of about 
 
 eighteen years of age and of previous chaste character, did, on or 
 about November 21, 1914, while serving on board the said ship, 
 then at Norfolk, Virginia, knowingly persuade, induce, and entice 
 
 the said to go from , , to , , 
 
 with the intent and purpose on his, the said 's, part that the 
 said should engage in improper and illicit sexual re- 
 lations with him, the said - , and did in furtherance of said 
 
 purpose then and there send the said a sum of money 
 
 requisite for and intended for the purpose of procuring a ticket for 
 her transportation from , , to , - , as a pas- 
 senger upon a common carrier engaged in interstate commerce, and 
 did then and there, therein and thereby, unlawfully and knowingly 
 
 cause her, the said , to be transported between the 
 
 places aforesaid as a passenger on a common carrier engaged in in- 
 terstate commerce for the unlawful purpose aforesaid. 
 
 Specification. In that , electrician second class, U. 
 
 S. Navy, having at some time during June, 1914, exact date un- 
 known, while serving on board the U. S. S. , then at , 
 
 , seduced one - , an unmarried woman of about eighteen 
 
 years of age and of previous chaste character, did, during a period 
 of about two weeks beginning on or about November 21, 1914, while 
 
 serving on board the said ship, then at , , unlawfully 
 
 cohabit and live with as man and wife, and have improper and 
 
 illicit sexual relations with the aforesaid , who was not the 
 
 wife of the said , in a boarding house located at Dumber 
 
 - Street, , . 
 
 Specification. In that , chief electrician, U. S. Navy, 
 
 serving at the navy yard, , , did, on or about March 1, 
 
 1915, in the city of , induce , of Norfolk, 
 
 Virginia, to cash a check drawn by him, the said , upon the 
 
 Bank of Berkley, in the sum of ten dollars ($10) ; and he, the said 
 , well knowing that he did not have at the time of drawing 
 said check sufficient funds in said bank to provide for its payment, 
 did thereafter wholly neglect and fail to provide therefor, and did 
 allow said check, upon presentation at said bank, to be dishonored 
 
 because of the fact that he, the said , had at that time no funds 
 
 on deposit in said bank. 
 
 Specification. In that , chief gunner's mate, U. S. 
 
 Navy, serving at the navy yard, , - , having between 
 
 December 3, 1915, and January 1, 1916, become justly indebted to 
 
 , of Norfolk, Virginia, in the sum of twenty-seven 
 
 dollars and twenty-five cents ($27.25), and having paid to said com- 
 pany on January 25, 1916, the sum of five dollars ($5), and on Janu- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 119 
 
 ary 27, 1916, the sum of four dollars ($4), and being thereafter, to 
 
 wit, since about January 27, 1916, indebted to in the 
 
 sum of eighteen dollars and twenty-five cents ($18.25), did, although 
 often requested so to do, neglect and fail, and has ever since neglected 
 and failed, to pay to said company the said sum of eighteen dollars 
 and twenty-five cents ($18.25), due and owing to the said company, 
 or any portion thereof. 
 
 Specification. In that , a corporal, U. S. Marine 
 
 Corps, having, on or about January 30, 1915, while serving as post 
 exchange steward at the United States marine barracks, nav}^ yard, 
 
 , , been intrusted, in the post exchange at said barracks, 
 
 by Captain , U. S. Marine Corps, post exchange officer 
 
 at the said barracks, with a bank check, numbered three hundred 
 eighty one, and dated January 30, 1915, for the amount of two hun- 
 dred forty-five dollars and sixty-four cents ($245.64) , United States 
 
 money, drawn by the said Captain , as post exchange officer, on 
 
 the National City Bank, , , from the account therein of 
 
 the said post exchange, and made payable to the Tobacco Com- 
 pany in payment of the amount due the said Tobacco Com- 
 pany by the said post exchange at said barracks, did, on the date 
 aforesaid and in the post exchange aforesaid, wilfully and feloni- 
 ously erase and remove from the face of the check aforesaid the name 
 
 of the said Tobacco Company as payee, and in substitute 
 
 therefor did wilfully and feloniously, and with intent to defraud, 
 make and forge thereon the name of as payee. 
 
 /Specification. In that , seaman, U. S. Navy, serving 
 
 at the United States Naval Training Station at , , did, 
 
 on or about October 16, 1915, at .the post office at the said training 
 station, knowingly, wilfully, and fraudulently attempt to obtain and 
 receive into his possession from the said post office a registered letter 
 
 addressed as follows, to wit: " , U. S. S. , , 
 
 ," and forwarded to said training station, by falsely and 
 
 fraudulently representing that he, the said , was the said 
 
 to whom the said registered letter was addressed. 
 
 Specification. In that , yeoman second class, U. S. 
 
 Navy, did, on or about November 13, 1915, at the United States 
 
 Navy recruiting station, , , while serving on board the 
 
 U. S. S. , at that time loaned by the United States to the 
 
 Naval Militia of the State of , wilfully and unlawfully 
 
 attempt to bribe : , chief yeoman, U. S. Navy, serving 
 
 at the said recruiting station, to procure unlawfully and fraudulently 
 
 for him, the said , in return for and in consideration of the 
 
 sum of twenty-five dollars ($25) United States money, copies of cer- 
 tain confidential questions then in the lawful custody of Lieutenant 
 Commander , U. S. Navy, who was in charge of said re- 
 
120 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 cruiting station, and intended for the examination of Commander 
 
 , Naval Militia, State of , in order that he, the 
 
 said , might give the said questions to the said Commander 
 
 , Naval Militia, State of . 
 
 Specification. In that , landsman for electrician, 
 
 U. S. Navy, did, on or about December 21, 1915, on board the re- 
 ceiving ship at , , while serving on board said ship, 
 
 unlawfully have in his possession one gold watch, of the value of 
 about thirty-five dollars ($35), and one gold chain, of the value of 
 
 about seven dollars ($7), both the property of , seaman, 
 
 IT. S. Navy; and eight dollars ($8) in United States money, the 
 property of , electrician third class, U. S. Navy. 
 
 Specifaation. JLJI that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , did, on 
 
 or about June 18, 1915, feloniously take, steal, and carry away from 
 the authorized receptacle for mail to be distributed, in the office of 
 the first sergeant of the first company, at the aforesaid barracks, 
 and with felonious intent did open and take from a letter addressed 
 to , private, U. S. Marine Corps, serving at the afore- 
 said marine barracks, a warrant drawn on the Treasurer of the 
 United States at Washington, District of Columbia, by the Auditor 
 for the Navy, Treasury Department, Washington, District of Co- 
 lumbia, said warrant being a pecuniary obligation of the United 
 States for arrears in pay due the person named therein, as follows: 
 Navy warrant number eight thousand one hundred seventy-seven in 
 
 favor of , private, U. S. Marine Corps, for twelve 
 
 dollars and ninety- four cents ($12.94) , said warrant being drawn on 
 June 4, 1915. 
 
 Specification. In that , chief master- at- arms, U. S. 
 
 Navy, serving on board the receiving ship at the navy yard, , 
 
 , did, on or about April 1, 1911, on board said ship, conspire 
 
 and agree with , master-at-arms third class, U. S. Navy, 
 
 stationed on board said ship, to demand from and cause to be paid 
 
 to them, the said and , by , seaman, U. S. 
 
 Navy, and , fireman second class, U. S. Navy, both sta- 
 tioned on board the said ship, and certain other enlisted men, names 
 unknown, stationed on board the said ship, money for the detail and 
 relief of the said and , and of the aforesaid other en- 
 listed men as messmen on board said ship. 
 
 Specification. In that , chief master-at-arms, U. S. 
 
 Navy, serving on board the U. S. S. , at , , did, 
 
 on or about March 31, 1915, on board the said ship , inform 
 
 one , seaman, U. S. Navy, stationed on the said ship 
 
 , and then detailed as messman, in effect that if he, the said 
 
 . desired to continue in the detail of messmanj as aforesaid. 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 121 
 
 he, the said , could do so by paying to him, the said , 
 
 the sum of five dollars ($5). 
 
 Specification. In that , seaman, U. S. Navy, did, 
 
 on June 15, 1915, while confined in a cell at the naval prison, navy 
 
 yard, , , with the intent of then and there poisoning 
 
 and killing himself, deliberately and wilfully swallow a small quan- 
 tity of bichloride of mercury, a deadly poison, and did then and there 
 attempt deliberately and wilfully, in the manner and by the means 
 aforesaid, to take his own life and kill himself. 
 
 /Specification. In that First Lieutenant , U. S. 
 
 Marine Corps, serving at the marine barracks, navy yard, , 
 
 , did, on or about January 20, 1912, engage in a brawl in a 
 
 saloon on Street in the said city of , and was thereupon 
 
 publicly arrested by and , police officers of said 
 
 city, and confined in the police station of said city. 
 
 Specification. In that , chief quartermaster, U. S. 
 
 Navy, now serving on board the U. S. S. , at the naval station, 
 
 5 ? having become justly indebted to , pro- 
 prietor of the Hotel, , -, in the sum of ninety dol- 
 lars ($90) , did, while stationed on the United States Fish Commission 
 
 steamer , on or about November 1, 1915, in consideration of such 
 
 indebtedness, make and cause to be delivered to the said 
 
 a promissory note, in the words and . figures following, to wit : 
 " * * *," and the said promissory note having, on December 14, 
 1915, the date of its maturity, been duly presented for payment at 
 
 the banking house of and Company ^ Washington, District 
 
 of Columbia, by , and payment thereon demanded, 
 
 was protested by , a notary public for the District of 
 
 Columbia, on the ground that the said had no account with 
 
 the said banking house; and the said , well knowing 
 
 that he did not have at the time of making said note, or intend to 
 
 have, an account at the said banking house to meet said note 
 
 at maturity, did, knowingly and wilfully, by false and fraudulent 
 pretense, cause the said worthless promissory note to be accepted by 
 
 the said in settlement of the indebtedness hereinbefore 
 
 mentioned. 
 
 Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. , did, on or about December 16, 1914, 
 
 unlawfully and knowingly deposit, or cause to be deposited, in a post 
 office of the United States at Washington, District of Columbia, for 
 mailing and delivery, a certain envelope, to wit : An envelope which 
 then and there bore an uncanceled United States postage stamp and 
 
 the following address, to wit : " , , - ," and 
 
 which said envelope then and there contained a certain obscene, lewd, 
 
122 'INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 and lascivious letter of an indecent character, to wit, a letter in sub- 
 stantially the words, letters, and figures as the following, to wit: 
 " * * *," which said letter was then and there a letter containing 
 
 lewd, filthy, vile, and obscene language written by the said 
 
 to the aforesaid , as he, the said , then and there 
 
 well knew. 
 
 Specification. In that First Lieutenant , U. S. Ma- 
 rine Corps, serving at the marine barracks, navy yard, , , 
 
 having been duly designated to perform the duties of the treasurer 
 of the company fund of the marine detachment at said barracks, 
 and, as such, being the custodian of certain moneys, and charged 
 with the duty of disbursing such moneys for the benefit of the en- 
 listed men at said barracks, from time to time, as occasion might 
 require, and it being, as he well knew, a part of his duty as treasurer 
 of the company fund aforesaid, to report to his commanding officer 
 from time to time the condition of said fund, and in making such 
 report to state correctly and truly the total amounts of all disburse- 
 ments from and out of said fund by him as custodian thereof during 
 the period which had elapsed since the date of his last preceding 
 report, did, under date of February 18, 1915, make and submit to 
 
 Major , U. S. Marine Corps, his commanding officer, a 
 
 report of the condition of the said company fund at the date of said 
 
 report in which he, the said Lieutenant , stated the 
 
 total disbursements out of said fund from October 15, 1915, to 
 February 15, 1916, as amounting to the sum of one hundred and 
 thirty-seven dollars and eighteen cents ($137.18), and did, in and 
 by such report, pretend and claim, in effect, that he was, on February 
 18, 1916, entitled to a credit, as treasurer of said fund, for disburse- 
 ments to the amount of one hundred and thirty-seven dollars and 
 eighteen cents ($137.18), and that the balance of cash in his hands, 
 as such treasurer, was eighty-three dollars and twenty-three cents 
 ($83.23), and did, in and by such report, further pretend and claim, 
 
 in effect, that he had, on November 16, 1915, paid to , 
 
 of Philadelphia, Pennsylvania, from and out of said company fund, 
 the sum of seven dollars and fifty cents ($7.50) for an implement 
 known as a " feed cutter," purchased for the use of the enlisted men 
 
 at said barracks, whereas, in fact, he, the said Lieutenant had 
 
 not, on the said November 16, 1915, or at any time prior to February 
 18, 1916, paid to the said , from and out of said com- 
 pany fund, and for or on account of the purchase of a " feed cutter," 
 the aforesaid sum of seven dollars and fifty cents ($7.50), or any part 
 thereof, and was not, in fact, entitled to a credit of more than one 
 hundred and twenty-nine dollars and sixty-eight cents ($129.68) for 
 disbursements made by him as treasurer of said fund prior to the 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 123 
 
 date of said report, and was, in fact, properly chargeable with a 
 balance of cash in his hands, as such treasurer, amounting to ninety 
 dollars and seventy-three cents ($90.73). 
 
 Charge. SLEEPING ON POST. 
 
 /Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , having, 
 
 on August 7, 1915, been regularly posted as a sentinel on post num- 
 ber five at said navy yard, did, at about 10.00 p. m. on said date, 
 sleep while on said post. 
 
 Charge. SLEEPING ON WATCH. 
 
 /Specification.- In that Ensign - , U. S. Navy, serving 
 on board the U. S. S. , then at anchor off , , hav- 
 ing, at or about 4.00 a. m. on June 11, 1915, relieved the officer of 
 the deck and taken over the watch on board said ship, did, between 
 the hours of 5.00 and 6.00 a. m. on said date, sleep while on watch 
 as officer of the deck of said ship. 
 
 Charge. SODOMY. 
 
 Specification. In that , boatswain's mate second 
 
 class, and , ordinary seaman, U. S. Navy, serving on 
 
 board the U. S. S. - , did, on or about November 13, 1915, in 
 the fore hold of said ship, together and with each other, commit 
 sodomy. 
 
 Specification. In that , ship's cook first class, U. S. 
 
 Navy, serving on board the U. S. S. , did, on or about March 
 
 3, 1909, in the hold of the said ship, in and upon the body of one 
 , seaman, U. S. Navy, attached to said ship, commit 
 F.odomy. 
 
 Charge. STEALING PROPERTY OF THE UNITED STATES INTENDED FOR 
 THE NAVAL SERVICE THEREOF. 
 
 Specification. In that and , privates, 
 
 U. S. Marine Corps, serving at the marine barracks, navy yard, 
 
 , , did, each and together, on or about January 26, 1915, 
 
 feloniously take, steal, and carry away from the copper pile in the 
 vicinity of the foundry at said navy yard, a pig of lead weighing 
 one hundred and ninety-three pounds, more or less, of the value of 
 about nine dollars and sixteen cents ($9.16), the property of the 
 26450 17 9 
 
124 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 United States, intended for the naval service thereof, and did then 
 and there appropriate the same to their own use. 
 
 Charge. STRIKING ANOTHER PERSON IN THE NAVY. 
 
 Specification. In that r , water tender, U. S. Navy, 
 
 serving on board the U. S. S. - , did, on or about July 10, 1915, 
 on board said ship, with a wrench, unlawfully and wilfully strike 
 upon the head : - , fireman second class, U. S. Navy, serv- 
 ing on board said ship, thereby inflicting on said - 's head a 
 wound about one inch and a half in length. 
 
 (See section 80 and C. M. O. 25, 1914, 3-4.) 
 
 Specification. In that - , ship's cook first class, U. S. 
 
 Navy, serving on board the U. S. S. - , did, on or about May 
 21, 1915, feloniously take, steal, and carry away, from a drawer in 
 the galley of said ship, a gold watch of about sixty dollars ($60) 
 in value, the property of -- , ship's cook fourth class, U. S. 
 Navy, stationed on the said ship, and did then and there appropriate 
 the same to his own use. 
 
 Specification. In that - , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, - , , did, on 
 August 15, 1915, feloniously take, steal, and carry away from the 
 locker at said barracks of -- , private, U. S. Marine Corps, 
 serving at said barracks, the sum of one dollar and eighty-nine cents 
 ($1.89), or thereabouts, lawful money of the United States and the 
 property of the said, = -- , and did then and there appro- 
 priate the same to his own use. 
 
 Specification. In that -- , seaman second class, U. S. 
 Navy, serving on board the U. S. S. - , did, on or about October 
 24, 1916, feloniously take, steal, and carry away from the pay office 
 on board the said ship a revolver of about four dollars and fifty 
 cents ($4.50) in value, the property of - --- , chief yeoman, 
 U. S. Navy, attached to said ship, and did then and there appropriate 
 said revolver to his own use. 
 
 Specification. In that -- , private, U. S. Marine Corps, 
 serving at the marine barracks, navy yard, - , -- , did, on or 
 about September 11, 1915, in the city of - , feloniously take, 
 steal, and carry away a check for the amount of two hundred and 
 thirty-eight dollars ($238), numbered two hundred and eight and 
 drawn upon the assistant treasurer of the United States, at Philadel- 
 phia, Pennsylvania, by Paymaster -- , U. S. Navy, pay- 
 able to the order of -- - , seaman, U. S. Navy, serving on 
 
INSTRUCTIONS FOB COURTS ANEK BOARDS. 125 
 
 board the U. S. S. , the said check being the property of the 
 
 said } a nd at the time aforesaid in the possession of a mail 
 
 orderly of the said ship , one , seaman, U. S. 
 
 Navy ; and the said did then and there appropriate the 
 
 said check to his own use. 
 
 Charge. THREATENING TO ASSAULT His SUPERIOR OFFICER WHILE IN 
 THE EXECUTION OF THE DUTIES OF His OFFICE. 
 
 Specification. In that , seaman, IT. S. Navy, serving 
 
 on board the U. S. S. , at Hampton Roads, Virginia, did, on 
 
 or about April 5, 1915, when brought to the mast by order of the 
 
 officer of the deck, Lieutenant , U. S. Navy, to explain 
 
 his, the said 's absence from anchor watch, say to him, the said 
 
 Lieutenant , " I will get even with you ; you can court- 
 martial me if you want to, and I'll fix you," or words to that effect, 
 and did, at the same time and place, turn up his sleeves, clench his 
 fists, and assume a threatening attitude toward his superior officer, 
 
 the said Lieutenant , who was then and there in the execution 
 
 of the duties of his office. 
 
 Charge. THROUGH INATTENTION AND NEGLIGENCE SUFFERING A VES- 
 SEL OF THE NAVY TO BE STRANDED AND HAZARDED. 
 
 Specification. In that Captain , U. S. Navy, being 
 
 in command of the U. S. S. , the said ship being, on February 
 
 26, 1915, under way in the inner harbor of - , standing 
 out toward the breakwater at the entrance of said inner harbor, was 
 then and there inattentive and negligent in the performance of his 
 duty as commanding officer of said ship in that he did then and there 
 fail personally to superintend the conning of said vessel, in conse- 
 quence of which inattention and negligence the said ship was 
 
 stranded on the outer edge of the eastern breakwater, near the en- 
 trance of said inner harbor, and was thereby hazarded. 
 
 Charge. THROUGH NEGLIGENCE SUFFERING A VESSEL OF THE NAVY 
 
 TO BE RUN UPON A ROCK AND HAZARDED. 
 
 Specification. In that Commander , U. S. Navy, 
 
 being in command of the U. S. S. , cruising on special service 
 
 in the Ocean, off the coast of , on June 5, 1915, not- 
 withstanding the fact that at about midnight June 4, 1915, the north- 
 east point of Island bore abeam and was about six miles 
 
 distant, the said ship being then under way and making a speed of 
 about ten knots per hour, and well knowing the position of the said 
 ship at the time stated, and that the charts of the locality were unre- 
 
126 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 liable and the currents thereabouts uncertain, did, nevertheless, 
 neglect and fail to exercise proper care and attention in navigating 
 
 said ship while approaching Island, in that he neglected and 
 
 failed to lay a course that would carry said ship clear of the last 
 aforesaid island, and to change the course in due time to avoid 
 disaster, in consequence of which neglect and failure on the part of 
 
 the said Commander - the said ship - - was run 
 
 upon a rock off the southwest coast of Island, at about 4.45 
 
 a. m., June 5, 1915, and hazarded. 
 
 Charge. THROUGH NEGLIGENCE SUFFERING A VESSEL OF THE NAVY 
 
 TO BE RUN UPON A REEF AND STRANDED. 
 
 Specification. In that Commander , U. S. Navy, 
 
 being in command of the U. S. S. , making passage from 
 
 to , on February 2, 1915, did, when about forty-five 
 
 miles to the northward and eastward of Bank, in the - 
 
 Sea, shape, and did subsequently maintain, a course which lay close 
 to a dangerous reef and cay, surrounded by strong currents well 
 known to exist, and did neglect and fail to exercise proper care and 
 attention in navigating said ship while approaching said reef and 
 cay, in that he neglected and failed to lay a course which would 
 surely carry such vessel clear of said reef and cay, or to change course 
 in due season to avert disaster, in consequence of which neglect and 
 failure on the part of the said Commander - , the said 
 
 ship - - was, at about 6.00 p. m., February 2, 1915, run upon 
 
 the north end of - Bank, in the Sea, in about latitude 
 
 thirteen degrees thirty-four minutes north and longitude eighty de- 
 grees five minutes west, and was stranded. 
 
 Charge. THROUGH NEGLIGENCE SUFFERING A VESSEL OF THE NAVY 
 
 TO BE STRANDED. 
 
 Specification. In that Lieutenant , U. S, Navy, 
 
 serving as executive officer on the U. S. S. , and being, on 
 
 August 2, 1915, temporarily in command of said ship, making pas- 
 sage from to , the weather being foggy, did, neverthe- 
 less, neglect and fail to exercise proper care and attention in navi- 
 gating said vessel while approaching Island, in that he neg- 
 lected and failed to make allowance for current setting in the direc- 
 tion of the ship's course toward said island, the said well 
 
 knowing that the tide during the latter part of the passage was 
 running flood, and that said flood tide in that vicinity set to the 
 north with a velocity at times approaching two knots an hour, in 
 consequence of which neglect and failure on the part of said Lieu- 
 . 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 127 
 
 tenant , the said ship was, at about 5.25 p. m., on the 
 
 day aforesaid, stranded in Bay, Island. 
 
 Specification. In that Commander , U. S. Navy, 
 
 being in command of the U. S. S. , on June 18, 1915, said ship 
 
 being then underway in Bay? near Cape , , and 
 
 notwithstanding the fact that said ship was, at or about 2.00 p. m., 
 on the day aforesaid, passing near and in sight of a buoy in said bay. 
 
 known as Buoy, that the weather was then thick and foggy, 
 
 that the said ship was making a speed of at least seven knots 
 per hour, and that, as he well knew, on the course said ship was 
 
 then being steered, Cape , which was then hidden by the fog, 
 
 was right ahead and but about three and one-half miles distant, the 
 
 said Commander did, nevertheless, neglect and fail to reduce 
 
 the speed of the vessel, to establish a proper look out, to keep himself 
 duly informed of the soundings, and to change the course of the 
 vessel in due time, in consequence of which negligence on the part 
 
 of the said Commander ; , as her commanding officer, said vessel 
 
 was stranded on said cape, at about 2.30 p. m., on the date aforesaid. 
 
 Charge. TREATING His SUPERIOR OFFICER WITH CONTEMPT. 
 
 Specification. In that Ensign - , U. S. Navy, serving 
 
 on board the U. S. S. - , then lying in the harbor of , 
 
 , did, on July 17, 1915, while a passenger in the dinghy of 
 said ship, which dinghy was then making passage from the landing 
 in said harbor to said ship, assume control of said dinghy, notwith- 
 standing the remonstrance of Lieutenant , U. S. Navy, 
 
 his superior officer, also serving on board said ship, and a passenger 
 in said dinghy ; and he, the said - , did therein and thereby treat 
 with contempt his superior officer, the said . 
 
 Charge. UNITING WITH A MUTINY. 
 
 Specification. In that , seaman, U. S. Navy, a gen- 
 eral court-martial prisoner at the naval prison, navy yard, , 
 
 , did, on or about October 4, 1911, conspire with 
 
 , fireman second class, U. S. Navy, a general court-martial 
 
 prisoner at the said naval prison, to mutiny against the lawful 
 authority of and escape from the lawful custody of - , 
 
 private, U. S. Marine Corps, stationed at the said prison and on 
 
 duty as sentinel over the said and , and to escape from 
 
 the said naval prison; and in furtherance thereof did, on the date 
 aforesaid, while in building number five, at the navy yard aforesaid, 
 
 and while in the lawful custody of said private , U. S. 
 
 Marine Corps, unite with said in a mutiny against the 
 
128 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 lawful authority of the said , in that he, the said , 
 
 did, then and there, by force and violence, take from the said private 
 
 a revolver, and did assist the said to escape from the 
 
 lawful custody of the said , and did, then and there, himself 
 
 escape from the lawful custody of the said . 
 
 Charge. UNLAWFULLY SELLING PROPERTY OF THE UNITED STATES 
 INTENDED FOR THE NAVAL SERVICE THEREOF. 
 
 . 
 
 Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. , did, on or about August 24, 1915, 
 
 while a yeoman third class, on board said ship, sell, without proper 
 authority, about fifteen yards of cap cloth, of the value of about 
 thirty dollars ($30), and about one hundred neckerchiefs, of the 
 value of about fifty dollars ($50), property of the United States in- 
 tended for the naval service thereof, to : and 
 
 , civilians and visitors on board the said ship, and to various 
 
 other civilians, names unknown, visitors on board said ship. 
 
 Charge. USING A FORGED SIGNATURE FOR THE PURPOSE OF OBTAIN- 
 ING PAYMENT OF A CLAIM AGAINST THE UNITED STATES. 
 
 Specification. In that Passed Assistant Paymaster , 
 
 U. S. Navy,, serving on board the U. S. S. - , having, on or about 
 January 15, 1915, received through the commanding officer of said 
 ship a certificate for the sum of sixty dollars ($60), in payment of 
 an indemnity for loss of clothing, issued by the Auditor for the Navy 
 Department in favor of , seaman, U. S. Navy, sta- 
 tioned on said ship, and he, the said , well knowing that the 
 
 said was, at the time of the receipt by him, the said , 
 
 of said certificate, a deserter from the United States naval service, 
 did nevertheless, for the purpose of obtaining allowance in his ac- 
 counts of the said claim of sixty dollars ($60), by the accounting 
 officers of the Treasury, present, among his official vouchers, the 
 aforesaid certificate, bearing thereon what purported to be the sig- 
 nature of the said , he, the said , well knowing that the 
 
 said signature was a forgery. 
 
 Charge. USING ABUSIVE, OBSCENE, AND PROFANE LANGUAGE TOWARD 
 ANOTHER PERSON IN THE SERVICE. (See section 78.) 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , , did, on 
 
 September 26, 1915, while confined in the guard room at said bar- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 129 
 
 racks, say to Corporal - , U. S. Marine Corps, "(Allege 
 
 the objectionable language used}" or words to that effect. 
 
 Charge. USING ABUSIVE, OBSCENE, AND THREATENING LANGUAGE 
 TOWARD His SUPERIOR OFFICER. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 a patient in the naval hospital, , : , did, on or about May 
 
 8, 1915, while being removed by order of Passed Assistant Surgeon 
 
 = , U. S. Navy, from one of the wards to another room 
 
 in said hospital, say to the said Passed Assistant Surgeon * 
 
 , U. S. Navy, "(Allege the objectionable language used}" or 
 
 words to that effect. 
 
 Charge. USING ABUSIVE AND PROFANE LANGUAGE TOWARD His 
 
 SUPERIOR OFFICER. 
 
 Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. , did, while under sentry's charge oh 
 
 board said ship, on December 19, 1915, upon hearing Lieutenant 
 , U. S. Navy, ask the sentry over prisoners who had 
 
 broken the light in the brig, say to the said Lieutenant , U. S. 
 
 Navy, who was then and there in the execution of his office, " I 
 broke it; and I'd like to break your - - head," or words 
 
 to that effect. 
 
 Charge. USING ABUSIVE, PROFANE, AND THREATENING LANGUAGE 
 TOWARD His SUPERIOR OFFICER. 
 
 Specification. In that , fireman second class, U. S. 
 
 Navy, serving on board the U. S. S. - , at the navy yard, - , 
 
 , did, on February 26, 1915, while receiving treatment in the 
 
 sick bay of said vessel, say to Assistant Surgeon - , U. S. 
 
 Navy, "(Allege the objectionable language} ," or words to that effect. 
 
 Charge. USING ABUSIVE LANGUAGE TOWARD ANOTHER PERSON IN 
 
 THE SERVICE. 
 
 Specification. In that Lieutenant , U. S. Navy, 
 
 serving on board the U. S. S. , did, on April 6, 1915, in the 
 
 wardroom of the said ship, say to , mess attendant 
 
 third class, U. S. Navy: "(Allege the objectionable language)" or 
 words to that effect. 
 
 
 
130 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 Charge. USING ABUSIVE AND THREATENING LANGUAGE TOWARD His 
 
 SUPERIOR OFFICER. 
 
 Specification. In that , seaman, U. S. Navy, did, on 
 
 February 25, 1915, while a boatswain's mate second class, in the U. S. 
 
 Navy, and a patient in the United States naval hospital at , 
 
 , say to Assistant Surgeon , U. S. Navy : " (Al- 
 lege the objectionable language}" or words to that effect. 
 
 Charge. USING OBSCENE AND ABUSIVE LANGUAGE TOWARD ANOTHER 
 PERSON IN THE SERVICE. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, - , , did, on 
 
 December 21, 1915, say to , Sergeant, U. S. Marine 
 
 Corps, the sergeant of the guard at said barracks, " (Allege the 
 objectionable language)" or words to that effect. 
 
 Charge. USING PROVOKING AND REPROACHFUL WORDS, GESTURES, 
 AND MENACES TO\VARD ANOTHER PERSON IN THE NAVY. 
 
 Specification. In that Captain , U. S. Marine Corps, 
 
 while serving at the U. S. Marine Corps recruiting office, , 
 
 , as officer in charge of the aforesaid recruiting office, did, 
 
 at about 4.30 p. m. on March 1, 1915, in the said recruiting office 
 and in the presence of - , a civilian, use provoking 
 and reproachful words, gestures, and menaces toward Acting Assist- 
 ant Surgeon , U. S. Navy, serving at the recruiting 
 
 office aforesaid, by shaking his fist in the face of the said , 
 
 and saying to him : " That thing there reported me. That sneak is 
 watching me and just waiting to report me for drinking," the words 
 " that thing there " and " that sneak " meaning and intending to refer 
 to the said . 
 
 Charge. USING THREATENING LANGUAGE TOWARD His SUPERIOR 
 
 OFFICER. 
 
 Specification. In that , seaman, U. S. Navy, serving 
 
 on board the U. S. S. , at , , did, on September 17, 
 
 1915, while a general court-martial prisoner under sentry's charge 
 on board said ship, use threatening language in speaking to and about 
 
 , chief boatswain's mate, U. S. Navy, also stationed on 
 
 board the said ship, saying, " I can lick you now ; if you report me, 
 I'll lick you sooner or later," and " If he reports me, I'll get square 
 with him; I'll kill him," or words to that effect. 
 
INSTRUCTIONS FOE, COURTS AND BOARDS. 131 
 
 Charge. VIOLATION OF A LAWFUL GENERAL ORDER ISSUED BY THE 
 SECRETARY OF THE NAVY. 
 
 Specification. In that Captain , U. S. Navy, being 
 
 in command of the U. S. S. , having received a lawful general 
 
 order, issued on February 10, 1915, by the Secretary of the Navy, 
 announcing to the Navy the death at Washington, District of Co- 
 lumbia, on the morning of that day, of , and having 
 
 caused said order to be publicly read to the officers and crew of said, 
 ship on February 14, 1915, the said Captain - well knowing 
 that said order required all officers of the Navy and Marine Corps to 
 wear the badge of mourning for a period of thirty days from and 
 after the date of its receipt, did wilfully neglect and fail to wear 
 the badge of mourning during a period of thirty days immediately 
 following the date of the publication by him of said order as afore- 
 said. 
 
 Charge. VIOLATION OF A LAWFUL REGULATION ISSUED BY THE SECRE- 
 TARY OF THE NAVY. (See section 66.) 
 
 /, ^ -r-r 
 
 Specification. In that Captain , U. S. *Navy, being 
 
 in command of the U. S. S. - , having, on April 22, 1915, had 
 referred to him by the Bureau of Navigation, Navy Department, a 
 copy of a letter which had been received by said bureau from Cap- 
 tain , U. S. Navy, commandant of the naval station, 
 
 , : , as follows : " * * ;" and having been called upon 
 
 by said bureau for an explanation of the facts mentioned in the said 
 letter of the commandant of the naval station aforesaid, did, on 
 April 27, 1915, address a communication to the commandant of the 
 said naval station in the words and figures following : " * * * ;" 
 
 in which said letter he, the said Captain , did express an 
 
 opinion upon and impugn the motives of the said Captain . 
 
 Specification. In that Captain , U. S. Navy, being 
 
 in command of the U. S. S. , did, on or about October 20, 1915, 
 
 write a certain letter, with a view to its publication, of and concern- 
 ing public work theretofore performed at the navy yard, , 
 
 , and of and concerning officers of the line, medical and pay 
 
 corps of the Navy, and did procure and cause the said letter to be 
 
 published on December 20, 1915, in the , a public newspaper 
 
 published at , , in the words and figures as follows: 
 
 * ; " the said well knowing that said letter had in view 
 
 the censure of officers on duty in said navy yard, and of officers of the 
 line, medical and pay corps of the Navy. 
 
 Specification. In that - , private, U. S, Marine Corps, 
 serving at the marine barracks, navy yard, - , , did, on 
 
132 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 or about October 16, 1915, in , , knowingly and unlaw- 
 fully, and without competent authority, pledge to , a 
 
 merchant at number Street, , , the fol- 
 lowing articles of clothing lawfully furnished by the United States 
 to the said as a part of his, the said 's, prescribed uni- 
 forms and outfit, for the amounts in United States money herein- 
 after stated, to wit: One overcoat for two dollars ($2), one flannel 
 shirt for one dollar ($1), and one pair of russet shoes for one dollar 
 .and seventy-five cents ($1.75), which said amounts as above set forth 
 
 he, the said , did receive into his possession and apply to his 
 
 own use and benefit. 
 
 Specification. In that Pay Clerk , U. S. Navy, while 
 
 serving on board the receiving ship at the navy yard, , , 
 
 as clerk to Passed Assistant Paymaster , U. S. Navy, 
 
 then pay officer of said receiving ship, having, on or about April 
 5, 1916, become cognizant of the fact that there was. a deficiency of 
 about four hundred dollars ($400) in the cash on hand, lawful money 
 of the United States, intended for the naval service thereof, which 
 
 said sum of four hundred dollars ($400) the said had, between 
 
 December 1^ 1915, and the date first aforesaid, received into his pos- 
 session, custody, and control, as pay clerk as aforesaid for the said 
 
 Passed Assistant Paymaster , for lawful disbursement, in the 
 
 name of and in behalf of the said Passed Assistant Paymaster , 
 
 and for which said sum of four hundred dollars ($400) the said 
 
 - was responsible, he, the said , did, on board said ship, 
 
 on or about April 5, 1916, neglect and fail to report to proper author- 
 ity the aforesaid deficiency. 
 
 Charge. WILFUL DESTRUCTION OF PUBLIC PROPERTY. 
 
 Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, navy yard, , : , having, 
 
 on or about September 25, 1915, been placed in confinement in the 
 prison at said barracks, did wilfully break the glass in the window of 
 the cell in which he was confined. 
 
 Specification. In that , seaman, U. S. Navy, serv- 
 ing on board the U. S. S. , while under sentry's charge on 
 
 board said ship, did, on December 9, 1915, wilfully tear down the 
 wire guard or shield around the electric light in the brig of said ship. 
 
 Specification. In that , seaman, U. S. Navy, serv- 
 ing on board the U. S. S. , while under sentry's charge on 
 
 board said ship, did, about noon on December 19, 1915, wilfully throw 
 a shoe at the electric light in the brig of said ship, thereby breaking 
 said light. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 133 
 
 Charge. WRONGFULLY AND KNOWINGLY DISPOSING OF ARMS AND 
 EQUIPMENT, THE PROPERTY OF THE UNITED STATES, FURNISHED 
 AND INTENDED FOR THE NAVAL SERVICE THEREOF. 
 
 Specification. In that - , private, U. S. Marine Corps, 
 
 did, on May 1, 1910, while serving at the marine barracks, navy yard, 
 
 , , wrongfully and knowingly, at the aforesaid navy 
 
 yard, by sale to one - . - , a civilian, dispose of one bayonet 
 and scabbard, of the total value of about two dollars ($2), property 
 of the United States, intended for the naval service thereof, which 
 had been furnished to him, the said , for use in the said service. 
 

 
VII. 
 
 INSTRUCTIONS CONCERNING THE MANNER OF 
 MAKING UP RECORDS. 
 
 135 
 
oafl M i M 
 
 
INSTRUCTIONS CONCERNING THE MANNER OF MAKING 
 
 UP RECORDS. 
 
 82. To be typewritten. Except under extraordinary and unusual 
 conditions of service, records of all courts and boards shall be type- 
 written. 
 
 83. How the record is made up and bound. The record shall be 
 typewritten on the paper known as typewriter cap (I 5311(2)), 
 8 by 13 inches in size. But one side of the paper shall be used, 
 leaving a margin of 1 inch on each side and 2J inches at the top of 
 each leaf. Each page shall be numbered in the middle of the 
 margin at the lower edge. In making up the record it sometimes 
 happens that the pages are not numbered consecutively, as, for ex- 
 ample, where a page is inserted and numbered 73-a, 360 J, etc. 
 Where this occurs a notation shall be placed at the bottom of the 
 preceding page calling attention to this fact, as, for example, " next 
 page numbered 73-a," or "next page numbered 360J," etc. When 
 the conditions mentioned in section 82 render it necessary that the 
 record be written in longhand, the same size paper (8 by 13 inches) 
 shall be used and, as in the case of the typewritten record, but one 
 side of the paper shall be used; the penmanship must be clear and 
 legible and the record free from erasure or interlineation except as 
 authorized in the following sections. Before the record is forwarded 
 to the convening authority all pages, documents, and exhibits must 
 be securely bound together by at least two through fasteners at the 
 top margin, the heads of the fasteners uppermost ; and care shall be 
 taken to see that the fasteners are through each page, document, and 
 exhibit. Should the exhibits be objects that do not permit of being 
 secured in the manner indicated, they shall be otherwise attached to 
 the record so as to prevent the possibility of loss, or, if necessary, 
 forwarded under separate cover. 
 
 84. Order in which documents are appended Numbering and mark- 
 ing of pages and documents. In making up records, each document 
 or exhibit shall be prefixed or appended, as may be required, in the 
 precise order in which it is introduced. All papers of a similar 
 character, such as reports on fitness, communications regarding in- 
 
 137 
 
138 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 debtedness, medical surveys, etc., shall be arranged together in 
 chronological order with the earliest coming first. All documents 
 other than instruments of evidence shall be marked with capital 
 letters, as "A," " B," " C " ; instruments of evidence shall be marked 
 " Exhibit No. 1," " Exhibit No. 2," etc. When a single document or 
 instrument of evidence is more than one page in length, each page 
 thereof must be marked, for example "A (1)," "A (2)," etc., "Ex- 
 hibit No. 1 (1)," "Exhibit No. 1 (2)," etc. All such marks must 
 be boldly and distinctly made and placed in the lower right-hand 
 corner of the page or sheet. All copies of documents which may 
 be appended to the record shall be certified "A true copy " by the 
 judge advocate or the recorder. 
 
 85. Cover sheets. A neat cover sheet shall be prefixed to the whole 
 record, following the standard forms given under the procedure of 
 the various courts and boards. At the end of the record, following 
 all appended documents, there shall be attached one or more blank 
 sheets to provide for the action of higher authorities, and to act as a 
 protection to the record. The date on the front cover sheet shall be 
 the date when the court or board first convenes for the case in 
 question. 
 
 86. Modifications of precept. The modifications of the precept, or 
 convening order, are those which are signed and issued by the con- 
 vening authority, and they must not be confused with the personal 
 individual orders to officers to perform the duty on the court or 
 board, which are issued separately by the Bureau of Navigation, 
 commandant of the Marine Corps, or convening authority, as the 
 case may be. These modifications of the precept must appear as a 
 part of every record where changes have been made in the composi- 
 tion of the membership. 
 
 87. In case of absence of members. In case of absence on authorized 
 leave or on other duty, a copy of the orders permitting or directing 
 the absence of such member must be appended. In case of unauthor- 
 ized absence, the statement of the absent member with regard to 
 his absence must be appended. 
 
 88. Manner in which corrections are to be made. If corrections 
 should be necessary they shall, where made, be initialed by the judge 
 advocate or the recorder. An undue number of corrections, or a 
 lack of neatness in making them, will be sufficient cause for return- 
 ing a record for rewriting. 
 
 89. When a witness corrects his testimony. The following instruc- 
 tions will be observed whenever a witness corrects or amends his 
 testimony: 
 
 (a) In every case the original testimony must remain in the record 
 as originally given. 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 139 
 
 (b) Inclose in parentheses, in red ink, that portion of the original 
 testimony that has been corrected or amended by the witness. 
 
 (c) In the left-hand margin of the record, opposite the original 
 testimony inclosed in parentheses, as directed in (b) enter, in red 
 ink : a'note referring to the page of the record where the correction to 
 testimony is to be found. For example, " See correction, page 
 ." Or, 
 
 (d) Where corrections are short, inclose the original testimony 
 in parentheses as directed in (b) and enter the correction, in red 
 ink, above the original testimony which it corrects. 
 
 (e) Typographical corrections in testimony will be made in red 
 ink and initialed by judge advocate or recorder. 
 
 90. Accused entitled to a copy of the record of a general court-mar- 
 tial. See sections 366-369. 
 
 91. Index for lengthy cases. If a court-martial record, or that of 
 a court of inquiry, investigation, or board of investigation, exceeds 
 20 pages in length, it shall be preceded by an index showing upon 
 what page each step of the trial (investigation) and of the exami- 
 nation of the several witnesses, designating them by name, may be 
 found ; also, in case a witness corrects his testimony the index shall 
 show the pages where such correction may be found. There shall 
 also be an index of exhibits offered and received in evidence, giving 
 a brief description of the document, etc., and at what page of the 
 record it was admitted in evidence. This index shall be in the fol- 
 lowing form : 
 
 __ _ R. S__ 
 
 Seaman, U. S. Navy. 
 
 Trial by general court martial at. 
 
 INDEX. 
 
 Organization of court page 
 
 Introduction of counsel 
 
 Reporter sworn 
 
 Challenge, right accorded 
 
 Members of court and judge advocate sworn 
 
 Arraignment 
 
 Plea 
 
 Adjournments 
 
 Prosecution rests " 
 
 Defense rests " 
 
 Finding " 
 
 Sentence (or acquittal) ^ . " 
 
 26450 17 10 
 
140 
 
 INSTRUCTIONS FOR COURTS AND BOARDS. 
 TESTIMONY. 
 
 Name of witness. 
 
 Direct and 
 redirect. 
 
 Cross and 
 reuross. 
 
 Court. 
 
 Corrected. 
 
 Prosecution: 
 A B. C , Sea., etc 
 
 Defense: 
 D E Sea etc 
 
 4-7,11 
 94-102 114 
 
 7-11, 12 
 102-113, 115 
 
 13-14 
 
 
 49 
 
 193 
 
 
 
 
 
 
 EXHIBITS. 
 
 Exhibit 
 No. 
 
 Character of 
 
 Admitted 
 in evi- 
 dence. 
 
 1 
 2 
 3 
 
 4 
 
 Letter from to accusfid 
 
 35 
 96 
 172 
 187 
 
 
 
 Knife (forwarded under separate 
 Finger prints taken from knife 
 
 
 
 
 
 The index should precede the case, and therefore be the first paper 
 beneath the cover. 
 
 92. Reading of papers. Where the record states that a paper, docu- 
 ment, or testimony was read, it is to be understood that it was read 
 aloud. 
 
VIII. 
 
 OUTLINE OF THE RULES OF EVIDENCE-THE 
 
 ATTENDANCE AND EXAMINATION OF 
 
 WITNESSES. 
 
 141 
 
23JUfl 3HT 
 
 ; 
 
OUTLINE OF THE EULES OF EVIDENCE THE ATTEND- 
 ANCE AND EXAMINATION OF WITNESSES. 
 
 93. Evidence defined. Evidence is that which tends to prove or 
 disprove any matter in question or to influence the belief respecting 
 it. (Bouvier, 701.) The word "evidence," in legal acceptation, in- 
 cludes all the means by which any alleged matter of fact, the truth 
 of which is submitted to investigation, is established or disproved. 
 (1 Greenl., 3.) 
 
 94. Twofold duty of members of courts martial in regard to evidence. 
 Members of courts martial, in their capacity as judges, must pass 
 upon the admissibility of evidence ; and, as jurors, weigh it. 
 
 95. Rules of evidence governing naval courts and boards; how deter- 
 mined. No statute lays down the rules of evidence to govern naval 
 courts and boards. The rules governing such are made by the Navy 
 Department and are published herein and in court-martial orders. 
 These rules, in so far as the naval service is concerned, have the 
 force of law and are binding upon naval courts and boards. 
 
 If a question of evidence, which can not be determined by a ref- 
 erence to the above rules confronts a court, it should then look to 
 the rules of evidence applied by the Federal courts and follow the 
 same if applicable. ( See C.M. 0.51,1914, 7-8.) If not, the court, 
 in the absence of an authoritative rule on any specific point, should 
 apply, as far as possible, the fundamental principles of evidence and 
 the dictates of reason and justice in determining the particular point 
 at issue, and may thus arrive at its conclusion with the assurance 
 that the chance of error is reduced to a minimum. 
 
 96. Forms of evidence. In addition to the testimony of living wit- 
 nesses, evidence may include written evidence and real evidence. 
 
 Written evidence consists of documents, either under seal or other- 
 wise. 
 
 Real evidence consists of any objects or articles submitted in 
 open court for examination by the court and by the witnesses who 
 may identify them or illustrate their application. 
 
 97. Nature of evidence. Evidence may be either direct or circum- 
 stantial. 
 
 Direct evidence is that kind which bears directly on the issue. 
 
 Circumstantial evidence is that kind in which the existence of 
 certain facts is to be inferred from the existence or nonexistence of 
 other facts established in evidence. 
 
 143 
 
144 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 98. Degree of evidence. The terms prima facie and conclusive are 
 used to refer to the degree of evidence. 
 
 Prima facie evidence is such evidence which, on first sight, creates 
 a belief not only in the possibility of a certain fact, but in its actual 
 existence beyond a reasonable doubt ; and the effect of such evidence 
 is, in the eye of the law, sufficient to establish such fact, if not re- 
 butted. 
 
 Conclusive evidence is such evidence as to exclude the possibility 
 of any conclusion to the contrary of the one it is introduced to es- 
 tablish. 
 
 99. The subject of evidence How divided. The subject of evidence 
 will be here considered under the following heads : 
 
 I. Proof in general,, rt-u, 
 
 II. Admissibility of evidence. 
 
 III. Testimony. 
 
 IV. Documentary evidence. i$yo ^ 
 
 V. Evidence in general. 
 
 I. PROOF IN GENERAL. 
 
 
 100. Under the head of " Proof in general," it is necessary to con- 
 
 sider : 
 
 /-. \ n j. i i 
 
 (1) What is to be proved. 
 
 /Jcrui < i 
 
 (2) Degree of proof required. 
 
 /o\ ^ A- 
 
 (3) Presumptions. 
 ; ' T ,. . T ,. 
 
 (4) Judicial notice. 
 
 /KX A T - j flf 
 
 (5) Admissions in open court. 
 
 (l) WHAT IS TO BE PROVED. 
 
 
 101. What is to be proved. In a trial by court-martial the prosecu- 
 tion must establish (a) that the act charged was committed; (>) 
 that the accused committed it; and (c) that he did so with " criminal 
 intent." 
 
 102. Proof of the commission. The corpus delicti, so called, or the 
 fact that the alleged criminal act was committed by some one, is a 
 separate fact to be proved. Proof of a confession does not prove the 
 corpus delicti, but the latter must be independently proved before 
 evidence of the confession can be admitted. The rule with regard 
 to proof of the corpus delicti, apart from the mere confession of the 
 accused, proceeds from the reason that the general fact without which 
 there could be no guilt, either in the accused or in anyone else, must 
 be established before anyone can be convicted of the perpetration of 
 the alleged criminal act which caused it ; as, in cases of homocide the 
 death must be shown, in theft it must be proved that the goods 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 145 
 
 were lost by the owner, and in arson that the house had been burned ; 
 for otherwise the accused might be convicted of murder when the 
 person alleged to be murdered was alive, or of theft when the 
 owner had not lost the goods, or of arson when the house was not 
 burned. But where the general fact is proved the foundation is laid 
 and it is competent to show by any legal and sufficient evidence how 
 and by whom the act was committed, and that it was done criminally. 
 (See C. M. O. 26, 1910, 10.) In many court-martial cases an omis- 
 sion, not an act of commission, constitutes the offense charged. 
 
 103. Proof of the agency and identity of the accused. This, as an 
 independent fact, is material in cases in which the offense in ques- 
 tion might have been committed by more than one person. In the 
 case of some of the offenses against naval law, as desertion, drunken- 
 ness on duty, etc., the agency of the accused is so connected with the 
 act done that proof of the latter is also proof of the former. 
 
 104. Proof of intent. Proof of " criminal intent " does not necessi- 
 tate showing that there was an intention to commit crime. The law 
 presumes that a man intends the natural and probable consequences 
 of his voluntary acts. Therefore, an intention, on the part of one 
 capable of entertaining intent and acting without justification, to do 
 a prohibited act, constitutes "criminal intent." Also, if a person, 
 intending to commit one act, wrongful in itself, commits instead a 
 different criminal act, the law construes therefrom a " criminal in- 
 tent.'- When a negligent act or culpable omission is charged, the 
 " criminal intent " consists, in the state of mind which necessarily 
 accompanies such act or omission. 
 
 The above constitutes a general intent and is sufficient for all 
 crimes in which the intent is not an essential ingredient of the of- 
 fense. This latter constitutes a specific intent and must be proved 
 with particularity. (See C. M. (X 25, 1914, 3; 29, 1914, 9; 41, 1914, 
 3; 31, 1915, 14-16; 17, 1916, 8.) 
 
 (2) DEGREE OF PROOF REQUIRED. 
 
 105. Proof beyond a reasonable doubt. In a criminal case and all 
 court-martial procedure is of such character the burden of proof 
 rests upon the prosecution to establish the guilt of the accused. A 
 rule of criminal evidence requires that this be established beyond a 
 reasonable doubt. This burden upon the prosecution gives rise to 
 what is called a " presumption of innocence " in favor of the accused, 
 a presumption which should dispel from the minds of the court any 
 suspicion arising from the fact that an accused has been under 
 charges and put the court on notice that it must reach its conclusion 
 solely from the legal evidence adduced. 
 
146 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 106. Reasonable doubt. By reasonable doubt is meant " an honest, 
 substantial misgiving generated by insufficiency of proof. It is not 
 a captious doubt, not a doubt suggested by the ingenuity of counsel 
 or jury and unwarranted by the testimony, nor is it a doubt born of 
 a merciful inclination to permit the defendant to escape conviction 
 nor prompted by sympathy for him or those connected with him." 
 (U. S. v. Newton, 52 Fed. Rep., 290.) "Proof beyond reasonable 
 doubt is not proof to a mathematical demonstration. It is not proof 
 beyond the possibility of a mistake." (U. S. v. Youtsey, 91 Fed. Rep., 
 868.) A " moral certainty " of guilt persuaded by the proof calls for 
 conviction. When such has been established, a court can no more 
 properly acquit than could it convict when there has been an insuffi- 
 ciency of proof. (See C. M. O. 19, 1915, 6-7.) 
 
 (3) PRESUMPTIONS. 
 
 :>oi~L ,*OI 
 
 107. Presumptions. A presumption is a rule of law annexing to 
 
 certain evidential facts a legal significance. Such presumptions are 
 of two kinds, according to the legal significance attached, namely, 
 (a) rebuttdble presumptions and (b] conclusive presumptions. 
 
 108. Kebuttable presumption is an assumption made by law that an 
 inference of fact is prima facie correct. This presumption places 
 the burden of rebuttal upon the party against whom it operates. In 
 the absence of evidence to the contrary the law presumes that : 
 
 (a) A person owns the property which is in his possession. 
 
 (b) A person between the age of 7 and 14 is incapable of enter- 
 taining criminal intent and, therefore, incapable of committing crime. 
 
 (<?) A person is sane. 
 
 (d) A promissory note has been issued on valuable consideration. 
 
 (e) There is identity of person from identity of name (depending 
 upon the circumstances) . 
 
 (/) When an instrument is 30 years old the party whose signature 
 appears thereon duly signed it. 
 
 (g) A person who has not been heard from in seven years is dead. 
 
 (h) A letter duly directed and mailed was received in the regular 
 course of the mail. 
 
 (i) Official duty has been regularly performed. 
 
 (j) When a man and woman have lived together as husband and 
 wife and have been commonly reputed as such they have been properly 
 married. 
 
 (k) A child born of a married woman during wedlock is legiti- 
 mate. 
 
 (I) An unlawful act was done with unlawful intent. 
 
 (m) A publication purporting to have been printed or published 
 by public authority was so printed or published. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 147 
 
 (n) A publication purporting to contain reports of cases adjudged 
 in judicial tribunals of the place where published contains correct 
 reports of such cases. 
 
 109. Conclusive presumption is an assumption made by law that an 
 inference of fact is conclusively correct. It forbids of any evidence 
 being introduced to the contrary. The law, for example, conclusively 
 presumes that a child under 7 years of age is incompetent to com- 
 mit crime. Strictly speaking, presumptions of this class are not pre- 
 sumptions at all but matters of substantive law. As such they do 
 not belong to the subject of evidence. 
 
 (4) JUDICIAL NOTICE. 
 
 110. Judicial notice. By judicial notice is meant the acceptance by 
 courts of a fact as being true without proof. Courts -should take 
 judicial notice of (a) notorious matters of general knowledge such 
 as every one is presumed to know, and (b) matters of a public char- 
 acter so intimately connected with the exercise of the judicial func- 
 tion that courts are presumed to be acquainted with them. Under 
 (a) it has been held, for example, that a court should have taken 
 judicial notice of the fact that Wilkes-Barre, Pa., is approximately 
 400 miles from Boston, Mass., a distance which would require at 
 least seven hours to cover (C. M. O. 14, 1914, 4) ; also that it is cus- 
 tomary in business transactions to include the agreement as to inter- 
 est in the body of a negotiable instrument (C. M. O. 27, 1913, 7). 
 Under (&) courts-martial should take judicial notice, inter alia* of 
 the Constitution, public statutes of the United States when pro- 
 duced from authorized editions of books, proclamations, the power 
 of the President and the executive departments, matters of public 
 history, the Navy Regulations, general orders and circulars of the 
 department, court-martial orders, and authorized publications of the 
 department, such as Landing Force and Small Arms, Ship and Gun 
 Drills, etc. (See C. M. O. 23, 1911, 3; 49, 1915, 13.) Matters of 
 which courts may take judicial notice need neither be charged nor 
 proved. (See C."M. O. 4, 1916, 3.) 
 
 (5) ADMISSIONS IN OPEN COURT. 
 
 111. Admissions in open court. An admission in open court, when 
 such admission is voluntarily made by the accused or by his counsel 
 in his presence and with his express or implied authority, is a judicial 
 confession of the matter admitted and dispenses with the necessity 
 of evidence to establish same. (See C. M. O. 5, 1917, 6-7.) 
 
 
 
148 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 II. ADMISSIBILITY OF EVIDENCE. 
 
 (1) GENERAL, RULES. 
 
 112. Evidence must be relevant. It is a primary rule that evidence, 
 to be admissible, must be relevant ; that is, it must be logically rele- 
 vant to prove or disprove the issue. 
 
 113. Best evidence required. It is a rule of evidence that the best 
 evidence must be introduced of which the nature of the case is 
 susceptible. This rule does not mean that circumstantial evidence 
 which is relevant may not be introduced to corroborate direct evi- 
 dence. Nor does it require that evidence be cumulative on any point. 
 It refers rather to the quality of proof and requires that a fact be 
 established by the most reliable evidence available. An attempt to 
 prove a fact by evidence which by its very nature clearly indicates 
 that it is merely a substitute for better evidence is open to objection. 
 Thus, the best evidence of the contents of a letter would be the letter 
 itself, and ordinarily oral testimony would not be admissible on this 
 point. (See sec. 190.) 
 
 (2) HEARSAY RULE AND EXCEPTIONS. 
 
 114. Hearsay rule. Hearsay is evidence, not of what a witness 
 knows himself, but which rests, in part at least, upon the credibility 
 of others. The term may be used with reference to that which 
 is written as well as that which is spoken. The general rule is that 
 hearsay evidence is not admissible. 
 
 115. Why hearsay evidence is objectionable. Hearsay evidence is 
 objectionable, first, because it is not original evidence; second, the 
 real witness is not testifying in court under the sanction of an oath ; 
 and, third, the accused has no opportunity to be confronted with the 
 witness against him or to exercise his right of cross-examination. 
 
 116. Hearsay evidence not to be confused with literal acceptation of 
 word " hearsay." It does not necessarily follow that all evidence in 
 respect to what a witness has "heard" is hearsay. Such evidence 
 may constitute original facts, directly bearing on the issue, and as 
 such be original. For example, when an accused is charged with 
 having spoken certain words, the testimony of a witness to the 
 effect that he had heard the accused speak the words in question is 
 original and not hearsay evidence. So also a writing may be " hear- 
 say " if offered to prove the facts stated therein, and yet be admissible 
 if offered for another purpose. For example see section 200. 
 
 117. Res gestae. Another form of declaration of a third person 
 which is admissible as original testimony is that which forms a part 
 of what is legally known as the res gestae. By this term is meant 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 149 
 
 "the circumstances and occurrences attending and contemporaneous 
 with the principal fact at issue, or so nearly contemporaneous with 
 it as to constitute a part of the same general transaction, which ex- 
 plain and elucidate such fact by indicating its nature or motive." 
 (Winthrop, 492.) No rule can be laid down which will be an exact 
 guide as to what is and what is not a part of the res gestae. But 
 declarations offered in evidence as res gestae must be shown to be 
 voluntary and spontaneous, to spring out of the principal fact, and, 
 while it is not necessary that they be precisely coincident with the 
 main fact, they must be shown to be so closely related to it as to pre- 
 clude the idea of deliberate design. (15 S. W., 642.) 
 
 118. Exceptions to rule excluding hearsay. There are certain excep- 
 tions to the rule excluding hearsay, of which the principal ones likely 
 to be met in the administration of naval law are (1) dying declara- 
 tions in homicide cases, and (2) confessions and admissions. 
 
 119. Dying declarations in cases of homicide. "Under indictments 
 for murder and manslaughter, the law recognizes an exception to the 
 rule rejecting hearsay, by allowing the dying declarations of the 
 victim of the crime, in regard to the circumstances which have in- 
 duced his present condition, and especially as to the person by whom 
 the violence was committed, to be detailed in evidence by one who 
 has heard them. It is necessary, however, to the competency of 
 testimony of this character and it must be proved as preliminary 
 to the proof of declaration that the person whose words are repeated 
 by the witness should have been under a sense of impending death; 
 though it is not necessary that he should himself state that he speaks 
 under this impression, provided the fact is otherwise shown. It is no 
 objection to testimony of this character that such declarations were 
 brought out in answer to leading questions, or upon urgent solicita- 
 tions addressed to him by any person or persons ; and if, instead of 
 speaking, he answered the questions by intelligible signs, these signs 
 may equally be testified to. It is to be remarked that evidence of 
 dying declarations, made, as such usually are, under circumstances 
 of mental and physical depreciation, and without being subjected to 
 the ordinary legal tests, is generally to be received with great cau- 
 tion." (Winthrop, 493-494; see on this subject C. M. O. 26, 1911, 3; 
 see also C. M. O. 49, 1915, 14.) 
 
 120. Confessions and admissions. Subject to certain conditions, con- 
 fessions are admissible in evidence. First, the confession must be vol- 
 untary, and anything that will tend to show that a confession was 
 extorted by threats or promises, or by the use of force, especially by 
 one in authority, will destroy its value as evidence. The reason be- 
 hind this rule is the exclusion of confessions which were made under 
 such conditions that the party may have been influenced to make an 
 
150 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 untrue one. Evidence may be introduced to establish the conditions 
 under which a confession was made, and where facts shown by pre- 
 liminary examination are conflicting the question of whether the 
 confession was voluntary is for the court to decide. The burden is 
 upon the side wishing to introduce a confession to show that it was 
 voluntarily made. For example of a confession held to have been 
 involuntary see C. M. O. 47, 1910, 6 and 7, 1914, 14; of one held to 
 have been voluntary, see C. M. O. 7, 1914, 13-15. Secondly, before 
 a confession can be admitted in evidence in a case to which the 
 doctrine of corpus delicti applies, the corpus delicti must be proved. 
 (See sec. 102 ; see also C. M. O. 26, 1910, 9-10.) See on this subject, in 
 addition to the citations already quoted herein, C. M. O. 5, 1913, 8-9 ; 
 51, 1914, 3 ; 10, 1915, 4-5 ; and 3, 1916, 6-7. 
 
 An admission, which is less than a confession in that it admits 
 merely something relevant to the issue and does not confess the main 
 fact sought to be proved, may be received in evidence without first 
 being shown to have been voluntarily made. 
 
 III. TESTIMONY. 
 
 121. Under the head of " Testimony," it is necessary to consider: 
 
 (1) The attendance of witnesses. 
 
 (2) The competency of witnesses. 
 
 (3) The examination of witnesses. 
 
 (4) Testimony by deposition. 
 
 (1) THE ATTENDANCE OF WITNESSES. 
 
 122. Summoning witnesses. The judge advocate shall summon as 
 witnesses such persons whose testimony is necessary to a trial, 
 whether for the prosecution or the defense; but he shall not, except 
 as hereinafter provided , summon any witness at the expense of the 
 United States. 
 
 The written instrument that serves to summon a witness who is 
 in the naval or military service is termed a summons; a witness who 
 is not in the service, a subpoena. (For forms see pp. 373-374.) 
 
 123. Witness who is in naval or military srvice. When it is desired 
 to summon a witness who is in the naval or military service the sum- 
 mons shall, whenever possible, be forwarded through official channels. 
 
 When such a witness is not present at the station where the court- 
 martial is convened and his attendance would involve travel at Gov- 
 ernment expense the judge advocate shall forward the summons 
 seasonably to the convening authority, stating : 
 
 (1) The necessity for the testimony of the person to be sum- 
 moned ; that is, a synopsis of the testimony which it is expected the 
 witness will give. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 151 
 
 (2) Whether the testimony it is expected the witness will give is, 
 in the opinion of the judge advocate, material and necessary to the 
 ends of justice. 
 
 (3) Whether the witness is summoned for the prosecution or for 
 the defense. 
 
 The above statement should be accompanied by a request that the 
 summons be transmitted to the person named therein for compliance. 
 
 In urgent cases, but in none other, a request for the attendance of 
 such witness may be made by telegraph. 
 
 If the witness requested be an officer under the command of the 
 convening authority, the latter will, if the circumstances warrant, 
 issue written orders to such officer to appear before the court as 
 requested and direct the necessary travel. 
 
 If the witness requested by an enlisted man under the command 
 of the convening authority, the latter will, if the circumstances war- 
 rant, approve the summons and forward the same, through official 
 channels, to such enlisted man. The actual expenses only of enlisted 
 men summoned as witnesses shall be paid and shall be provided by 
 the pay officer upon order of the commanding officer of the ship or 
 station to which they belong. 
 
 If the witness requested be not under the command of the conven- 
 ing authority, the latter will, if the circumstances warrant, transmit 
 the summons, with the information above mentioned, to the Secretary 
 of the Navy. 
 
 A naval or military witness, summoned as above, shall report to 
 the president of the court upon his arrival in obedience to the sum- 
 mons, and it shall be the duty of the president to arrange for Gov- 
 ernment quarters and subsistence, if available, for such witness, if 
 an enlisted man, during his attendance at the trial. 
 
 124. Civilian witness. As the powers of a naval general court- 
 martial (or court of inquiry) in connection with issuing processes 
 to compel civilian witnesses to appear and testify, see sections 11 
 and 12 of the act of February 16, 1909 (35 Stat, 621), quoted under 
 article 42 of the Articles for the Government of the Navy (p. 41). 
 
 The judge advocate is authorized to subpoena as a witness any civil- 
 ian who is to be a material witness as to facts, and who is within the 
 State, Territory, or district in which a naval court sits and can com- 
 pel attendance. For manner of service see sec. 129. 
 
 The judge advocate is not authorized to subpoena as a witness, at 
 the expense of the United States, any civilian who is not within the 
 territorial limits in which the court can compel attendance, even 
 though such witness be considered a material one and be willing to 
 attend. In such cases the judge advocate shall forward the subpoena 
 to the Secretary of the Navy, together with the information, and in 
 the manner, required when forwarding a summons for a naval wit- 
 
152 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 ness who is not present at the station where the court-martial is con- 
 yened (see sec. 123). (For form of subpoena to be used in such cases, 
 see p. 374.) 
 
 See, in this connection, section 422. 
 
 125. Witnesses as to character or as experts not to be summoned or 
 subpoenaed at Government expense. The general rule is that witnesses 
 will neither be summoned nor subpoenaed at Government expense 
 when it does not appear that any such witness has personal knowl- 
 edge of the facts at issue before the court, but merely that their tes- 
 timony is desired either as to character or as experts. 
 
 The best evidence as to the character of an accused is his official 
 record, which is always forwarded to the judge advocate for use in 
 connection with the case. 
 
 Where a staff officer is tried by general court-martial it is deemed 
 proper that at least one-third of the court be composed of officers of 
 the same corps as the person to be tried. (Sec. 221.) Such members 
 of the court may themselves qualify as experts concerning matters 
 pertaining to the duties of their corps and testify accordingly either 
 for the prosecution or the defense. Under no circumstances Avill the 
 department approve the summoning from other stations, at Govern- 
 ment expense, of officers to give expert testimony, either for the prose- 
 cution or the defense, when there are other officers on duty at the place 
 of the trial whose service should render them fully competent to give 
 such testimony. (See C. M. O. 1, 1914, 6-7.) 
 
 126. Witnesses for the defense. The accused is, in general, entitled 
 to have all the material witnesses for his defense summoned, except 
 when their testimony would be merely cumulative and evidently add 
 nothing to the strength of his case. As far as possible he should be 
 allowed a full and free defense, as the least denial to him of any 
 proper facility, opportunity, or latitude for it may serve to defeat 
 the ends of justice. 
 
 127. List of witnesses. The judge advocate shall, prior to the trial 
 if practicable, call upon the accused for a list of the witnesses he 
 wishes summoned for the defense, and shall at the time furnish him 
 with a list of the witnesses who are to appear against him. It is to 
 be understood, however, that neither party is precluded thereby from 
 calling further witnesses whose attendance may, during the course of 
 the trial, be found necessary to the proper administration of justice. 
 
 128. Court may direct the summoning of witnesses. While the court 
 can not legally originate evidence that is, take the initiative in pro- 
 viding any part of the proofs yet, Avhere, with a view to a more 
 thorough investigation of the case, it desires to hear certain evidence 
 not introduced by either party, it may properly call upon the judge 
 advocate to procure the same, if practicable, adjourning for a reason- 
 able period to allow time for the purpose. New testimony thus 
 
INSTRUCTIONS FOB COURTS AND BOARDS. 153 
 
 elicited must, of course, be received subject to cross-examination and 
 rebuttal by the party to whom it is adverse. (C. M. O. 19, 1915, 3.) 
 
 129. Service of a subpoena. The judge advocate shall prepare dupli- 
 cate subpoenas for such civilian witnesses as he may desire to calL 
 Service is made by a personal delivery of the duplicate subpoena to 
 the witness, and proof of service by returning the original to the 
 judge advocate properly indorsed and sworn to by the person who 
 serves the subpoena. (See p. 377.) Any person, duly instructed to 
 do so, may serve the subpoena, but the service must be personal. 
 
 If the desired witness lives near the place where the court is con- 
 vened, and within the territorial limits in which the court can compel 
 attendance, the subpoena may be served by the judge advocate, pro- 
 vost marshal, or by any other person instructed to do so. If the resi- 
 dence of the witness is not near at hand, but within the territorial 
 limits in which the court can compel attendance, the president of the 
 court shall address a letter to the commandant or senior officer pres- 
 ent, requesting that a person be designated to proceed to such place 
 named as the desired witness may be for the purpose of serving the 
 subpoena, and further requesting that the necessary transportation 
 and subsistence be furnished. The proper pay officer should then be 
 directed to furnish same. If the witness is beyond the territorial 
 limits within which the court can compel attendance, the necessity 
 for personal service no longer exists. In such case delivery may be 
 made by such method as may be most practicable. 
 
 130. When subpoena is disregarded. In case a civilian, duly sub- 
 poenaed before a general court-martial or court of inquiry, wilfully 
 neglects or refuses to appear or qualify as a witness or to testify or 
 produce documentary evidence as required by law, he shall at once be 
 tendered or paid, in the manner prescribed in section 132, one 
 day's fees and mileage for the journey to and from the court 
 (as allowed by sec. 132), and shall thereupon be again called upon 
 to comply with the requirements of the law. For the further 
 procedure to be taken in the event that a witness persists in refusal 
 to attend, see sections 11 and 12 of the act of February 16, 1909, 35 
 Statutes, 622, quoted under article 42 of the Articles for the Govern- 
 ment of the Navy, and see also pages 381-392. The fees and mileage 
 of civilian witnesses residing beyond the territorial limits within 
 w r hich the court can compel attendance shall not be paid in advance, 
 as such witnesses can not be punished if they disregard a subpoena. 
 
 131. Warrant of attachment. In order to compel the appearance of 
 a civilian witness in certain exceptional cases, under the circumstances 
 hereinafter set forth, it may become desirable to resort to a warrant 
 of attachment, based upon the authority of the sections of the act 
 of February 16, 1909, referred to in the preceding section. 
 
 In such cases the proper procedure for accomplishing the above 
 purpose is as follows. The president of the court will issue a warrant 
 
154 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 of attachment (p. 377), directing and delivering it for execution 
 to an officer designated for that purpose, generally the provost- 
 marshal of the court. He will also deliver to this officer the subpoena, 
 indorsed with affidavit of service (to be returned when the warrant is 
 executed), and a certified copy of the order appointing the court-mar- 
 tial. A warrant, or writ of attachment, does not run beyond the 
 State, Territory, or District in which the court-martial sits. 
 
 In executing such process it is lawful to use only such force as 
 may be necessary to bring the witness before the court. Whenever 
 force is actually required, the senior officer present, or other officer 
 designated by the convening authority, nearest the witness's residence 
 will furnish a detail sufficient to execute the process. The use of this 
 procedure, however, should be resorted to only when the ends of 
 justice absolutely demand it, when all other means have failed, and 
 only upon the authorization of the Secretary of the Navy. 
 
 132. Fees of civilian witnesses. Payment of the fees and mileage 
 of civilian witnesses shall be made by the supply officer of any vessel, 
 or, at a yard or station where there is no receiving ship, by the dis- 
 bursing officer of the yard, upon receipt of an order from the com- 
 manding officer. The order from the commanding officer must be ac- 
 companied with vouchers, properly sworn to by the witness and 
 certified by the judge advocate or recorder, or by the deck court 
 officer, or by the officer before whom the witness gave his deposition. 
 (See p. 378.) 
 
 This order must also be accompanied by a copy of the convening 
 order, certified to be correct by the judge advocate or recorder, or by 
 the deck court officer, or by the officer before whom the witness gave 
 his deposition. 
 
 The fees and mileage of a civilian witness who refuses to obey a 
 subpoena to appear before a general court-martial or court of inquiry 
 (see sec. 130) will be duly paid (or tendered) by the judge advocate; 
 the money for this purpose will be supplied by such pay officer as 
 may be designated upon the written order of the senior officer 
 present, and the judge advocate receiving the money for the purpose 
 named shall furnish the pay officer concerned with a proper receipt. 
 
 The certificate of the judge advocate, recorder, deck court officer, 
 or officer before whom a deposition is taken will be evidence of the 
 fact and period of attendance and place from which summoned, and 
 said certificate shall be made on the voucher. 
 
 Upon execution of the certificate the witness will be paid upon 
 his discharge from attendance, without awaiting performance of re- 
 turn travel. The charges for return journeys will be made upon the 
 basis of the actual charges allowed for travel to the court, or place 
 designated for taking a deposition. No other items will be allowed. 
 
 Travel must be estimated by the shortest usually traveled route 
 by established lines of railroad, stage, or steamer the time occupied 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 155 
 
 to be determined by the official schedules; reasonable allowance will 
 be made for unavoidable detention. 
 
 If no pay officer be present at the place where the court sits, the 
 accounts, properly authenticated as directed above, shall be transmit- 
 ted to the convening authority or to the nearest naval station to 
 which a pay officer is attached, with the request that the amount be 
 paid by check. 
 
 Accounts of civilian witnesses are not transferable. 
 
 Signatures of witnesses when signed by mark must be witnessed. 
 
 The following rates for civilian witnesses are prescribed by law : 
 
 (a) A civilian not in Government employ, duly summoned as a 
 witness before a naval court or board, or at a place where his 
 deposition is to be taken for use before such court, will receive 
 $1.50 a day for each day of actual attendance for such purpose, 
 and 5 cents a mile from place of residence to place of trial or taking 
 deposition, and return, except as follows: 
 
 (b) Porto Rico and Cuba, $1.50 a day, 15 cents a mile for neces- 
 sary travel by stage or private conveyance and 10 cents by railway or 
 steamship line. 
 
 (c) Alaska, east of one hundred and forty-first degree west longi- 
 tude, $2 a day and 10 cents a mile ; west of that degree, $4 a day and 
 15 cents a mile. 
 
 (d) Montana, Wyoming, Colorado, New Mexico, Arizona, Utah, 
 Idaho, Washington, Oregon, Nevada, California, $3 a day, 15 cents 
 a mile for necessary travel by stage or private conveyance, 5 cents by 
 railway or steamship line, and $3 a day for the time necessarily 
 occupied in such travel. 
 
 Civilian witnesses not in Government employ, summoned to attend 
 courts or boards in the Philippine Islands, are entitled to the per diem 
 and mileage allowed witnesses in attendance upon United States 
 courts that is, $1.50 per day for each day in attendance on the 
 court and 5 cents per mile for the distance traveled to and from 
 the court. If furnished with transportation by the Government, 
 42.858 per cent of the 5 cents per mile will be deducted as cost of 
 transportation furnished- and 57.142 per cent allowed for subsistence 
 and other expenses of the witness. 
 
 An employee of the civil government of the Philippine Islands, 
 paid from insular funds, is not in the employ of the Government 
 for the purposes of payment as a witness. 
 
 Civilians in the employ of the Government, when summoned as 
 witnesses, shall be allowed their actual expenses for travel and sub- 
 sistence while going to and returning from the court, and for actual 
 and necessary reasonable expenses for board and lodging while in 
 attendance thereon. If the court is in session at the place where the 
 26450 17 11 
 
156 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 civilian witness in the employ of the Government is stationed, he 
 shall receive no allowance. (See forms, pp. 378-381.) 
 
 (2) THE COMPETENCY OF WITNESSES. 
 
 133. Presumption of competency. A presumption always exists in 
 favor of the competency of a witness whose testimony is offered, and 
 the burden of proving the contrary rests on the party objecting. 
 In deciding upon the competency of a witness the court acts in the 
 capacity of a judge, while in determining questions of credibility it 
 acts in the capacity of a jury. 
 
 134. Grounds of incompetency. The question of competency was 
 formerly much more important than it is now. The grounds of 
 incompetency have, from time to time, been reduced by statute, so 
 that at present there are few persons except idiots, the insane, intoxi- 
 cated persons, very, young children, and the spouses of accused per- 
 sons, who by law are not competent to testify. In the case of husband 
 and wife, neither spouse is competent to testify for or against the 
 other before courts-martial, excepting that in crimes involving per-, 
 sonal injury committed by one upon the other the injured spouse may 
 testify against the other. 
 
 135. Witnesses before naval courts generally competent. Matters 
 that were once regarded as affecting the competency of witnesses 
 are now treated as bearing only upon their credibility. As a general 
 rule, the exceptions to which appear in the preceding section (134), 
 all witnesses capable of so doing are Entitled to testify, and it rests 
 with the court in its capacity as jury to decide how much weight is 
 to be given to their testimony. (In this connection see C. M. O. 16, 
 1916, 7-9.) 
 
 136. Challenging the competency of a witness. The question of the 
 competency of a witness should be raised and decided before he 
 is allowed to testify; but it may be raised at any time during the 
 trial, if the ground of incompetency were not previously known. In 
 challenging the competency of any witness, such challenge must be 
 stated in open court, and, together with the decision of the court 
 thereon, must be fully recorded in the proceedings. (See C. M. O. 
 32, 1917, 7.) 
 
 137. Examination of witness to whom exception is made. A witness 
 challenged as to competency may be examined relative thereto on 
 oath administered on voir dire before 'he is regularly sworn as a 
 witness. 
 
 In such cases the oath administered shall be in accordance with 
 the form prescribed in section 289, 
 
INSTRUCTIONS FOE COURTS AND BOARDS. ^ 157 
 
 138. Accused as witness. The law provides that the accused shall 
 at his own request, but not otherwise, be a competent witness, and 
 shall be allowed to testify in his own behalf, and his failure to make 
 such request shall not create a presumption against him. Care must 
 be taken by the court that the accused is not placed on the stand , 
 unless he himself requests that he be permitted to testify, otherwise 
 
 a fatal error is committed. The record must affirmatively show that 
 the statutory request was in fact made. (See C. M. O. 29, 1914, 
 14-15.) Any comment at any time, especially hostile comment, on the 
 failure of the accused to request that he be allowed to testify in his 
 own behalf is improper. (See, in this connection, sec. 161.) 
 
 139. Member or judge advocate as a witness. A member or judge 
 advocate of the court is a competent witness. If required to testify 
 such witness should be the first called, except in the case of the judge 
 advocate called as the official custodian of a document (see sec. 187). 
 Should the president of the court become a witness, the oath or 
 affirmation shall be administered to him by the member next in 
 rank, who shall preside during the progress of his examination. If 
 the judge advocate becomes a witness, he shall record his own testi- 
 mony, unless the employment of a clerk or stenographer has been 
 authorized. When a member, the judge advocate, the accused, or 
 his counsel has completed his testimony, an entry shall be made to 
 the effect that the witness resumed his seat as member, judge ad- 
 vocate, accused, or counsel. Should the court be composed of but 
 five members, one of whom is called as a witness, this will not affect 
 the validity of the proceedings, since, in so testifying, the witness 
 does not cease to be a member. 
 
 (3) EXAMINATION OF WITNESSES. 
 
 140. Examined apart from each other. Witnesses are examined 
 apart from each other; no witness is allowed to be present during 
 the examination of another who is called before him. Before the 
 charges and specifications are read to the accused, the president of 
 the court directs all witnesses to withdraw, and not to return until 
 they are officially called. At the outset of each day's proceedings 
 the direction to withdraw shall be repeated to all who are cited as 
 witnesses and may chance to be present. Obviously, these instruc- 
 tions do not operate in any case to exclude members, judge advocate, 
 the accused, or his counsel when it is necessary for them to be called 
 as witnesses. When the court has finished with a witness, he shall 
 be directed to withdraw, and a minute shall be entered on the record 
 to the effect that the witness withdraws in order to show that two 
 witnesses are not in court at the same time. 
 
 141. Order for examination of witnesses. The proper order for the 
 examination of a witness is as follows : First, direct examination by 
 
158 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 / 
 
 the party who calls him; second, cross-examination by the opposite 
 party; third, redirect examination; fourth, recross-examination. 
 The court may, in the interest of justice, allow further examination 
 by the parties. Any member of the court may put questions to the 
 witness; such questions are subject to objection in the same manner 
 as are questions by parties to the trial. Upon new matter elicited 
 by the examination of the court, the judge advocate and the accused 
 may, w y ithin the discretion of the court, further examine the witness. 
 
 142. Direct examination. This is the original examination of a 
 witness by the party calling him. This examination and the testi- 
 mony brought out thereby form the basis for the further examina- 
 tion of a witness. 
 
 143. Introductory questions. The direct examination of every wit- 
 ness properly begins with asking his name and other introductory 
 matters, such as, in the case of a naval witness, his office, rank or 
 rate, and station, whether he recognizes the accused, and, if so, as 
 whom. A witness for the defense is asked these preliminary ques- 
 tions by the judge advocate (recorder). 
 
 144. Witness must testify as to his own knowledge. The general rule 
 is that the testimony of a witness must be confined to matters within 
 his own knowledge. Under the circumstances of the following sec- 
 tion, however, the use of a memorandum may be permitted. 
 
 145. Use of memoranda. A witness may make use of a memoran- 
 dum : First, in order to stimulate his memory so that he may, with 
 his memory thus refreshed, testify as of his own recollection. Care 
 must be taken that this privilege is not relied upon to furnish a 
 witness with new facts. (C. M. O. 9, 1916, 8.) Nor does it authorize 
 a witness to read his testimony from notes previously made. Sec- 
 ondly, where the memorandum is one made by the witness, or under 
 his direction, at a time when the facts stated therein were fresh in 
 his mind, such memorandum may be received in evidence when the 
 witness is no longer able to testify to such facts as of his own recol- 
 lection, provided the witness can testify that it was correct when 
 made. 
 
 146. Witnesses must state facts, not opinions Exceptions. The testi- 
 mony of witnesses should be confined to the facts in a case. It is the 
 exclusive function of the court to draw the inferences which may be 
 predicated upon the facts established by the testimony. (See Index 
 Digest 1914, 20; C. M. O. 49, 1915, 15 ; 17, 1916, 8-9.) To this general 
 rule there are three exceptions, as follows : 
 
 (a) Opinions arising from facts of daily observation and experi- 
 ence and forming the basis of conclusions of fact. Opinions which 
 are conclusions drawn from numerous facts within the daily observa- 
 tion and experience of a witness are admissible. In this class are 
 
 1 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 159 
 
 opinions, based upon the demeanor or appearance of a person, as to his 
 sanity, sobriety, identity, or resemblance to another; his physical con- 
 dition ; or his temperamental condition, whether cool or excited, and 
 the like. Any intelligent witness may testify as to his opinions of 
 this character, which are merely conclusions of fact drawn from mat- 
 ters of everyday occurrence. 
 
 (6) Opinions of experts. In cases involving questions requiring 
 for their solution a knowledge of some specialty, the opinions of 
 qualified experts in such specialty may be given in evidence. Such 
 opinions are admissible for the reason that they are based upon expe- 
 rience and knowledge which is beyond that of the average member 
 of a court. But the rule permitting the admission of " expert " tes- 
 timony is subject to certain limitations. Before a witness can testify 
 as an expert he must qualify as such. (Index Digest 1914, 20.) 
 The burden of so qualifying a witness rests upon the party introduc- 
 ing him as an expert. But the mere fact that a person who witnessed 
 a certain act, which is a violation of the law, happens to be a profes- 
 sional man, does not constitute him an expert when he testifies as to 
 his observation of that act. (C. M. O. 19, 1915, 5.) In addition to 
 qualifying an expert, the necessity of his appearance must be estab- 
 lished before his opinion should be received. A court may not permit 
 an expert witness to be present during the trial and ascertain the facts 
 directly from the evidence. (C. M. O. 51, 1914, 7-8.) The opinion of 
 such a witness may be obtained by means of a hypothetical question, 
 and, in putting such question, facts may be assumed which there is 
 evidence on either side tending to establish ; but this rule requires that 
 the facts embraced in the hypotheses must be within the confines 
 of the evidence; otherwise the opinion of the witness will be inad- 
 missible. (C. M. O. 5, 1913, 7.) While an expert witness may be al- 
 lowed to assume facts, as above, to be true in order to base an opinion 
 thereon, it remains for the court, in the last analysis, to determine 
 whether such facts are true. The law, therefore, allows an expert to 
 state an opinion upon an assumed state of facts, but does not permit 
 him to express an opinion upon the specific question whether or not, 
 upon the evidence, the accused is guilty, for this is the very question 
 which the court is sworn to determine upon its own opinion. (Index 
 Digest, 1914, 20.) On this whole subject see C. M. O. 7, 1911, 15-16; 
 5, 1913, 7-8; 24, 1914, 20-22; 51, 1914, 6-9; and 19, 1915, 5. 
 
 (c) Opinions as to handwriting. When there is a question as to 
 the person by whom any document was written or signed, the opinion 
 of any person acquainted with the handwriting of the supposed 
 writer, to the effect that it was or was not written or signed by him, 
 is admissible in evidence. A person is deemed to be acquainted with 
 the handwriting of another person when he has, at any time, seen 
 
160 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 that person write, or when he has received documents purporting to 
 have been written by that person in answer to documents written 
 by himself, or under his authority and addressed to that person, or 
 when, in the ordinary course of business, documents purporting to 
 have been written by such person have been actually submitted to him. 
 " In any proceeding before a court or judicial officer of the United 
 States where the genuineness of the handwriting of any person may 
 be involved, any admitted or proved handwriting of such person shall 
 be competent evidence as a basis for comparison by witnesses, or by 
 the jury, court, or officer conducting such proceeding to prove or dis- 
 prove such genuineness." (Act of Feb. 26, 1913, 37 Stat., 683.) 
 
 147. Leading questions. A question is leading which instructs the 
 witness how to answer on material points, or puts into his mouth 
 words to be echoed back, or plainly suggests the answer which the 
 party wishes to get from him, whether it be put in the alternative 
 form or not. (C. M. O. 48, 1915, 4.) Leading questions are not per- 
 mitted on direct examination except: (a) Questions of identification 
 of persons or things which have already been described, (b) intro- 
 ductory questions, (c) questions tending to aid a defective memory, 
 and (d) those asked a witness who appears hostile to the party call- 
 ing him. Upon cross-examination leading questions are permitted. 
 (C. M. O. 48, 1-915, 4.) For examples of questions held to be leading 
 see C. M. O. 42, 1909, 7; and C. M. O. 48, 1915, 3-5 and the citations 
 given therein. 
 
 148. Questions to witness to be in writing. Questions to be pro- 
 pounded to a witness shall be reduced to waiting, except in cases 
 where the employment of a stenographer is authorized by the con- 
 vening authority. 
 
 149. Objections to questions or testimony. Should objection be made 
 to any proposed question, or to the reception of any testimony, 
 the court shall proceed at once to determine the same ; and the ques- 
 tion or matter objected to, with the decision of the court thereon, shall 
 be recorded in full in the minutes of proceedings. 
 
 150. Deliberations to be in closed court. Deliberations upon any 
 question of this, or of any other character, shall be conducted in 
 closed court; when the doors are opened, the accused will be in- 
 formed of the action the court has taken. "Whenever the court is 
 closed for deliberation, either upon objection made or for final con- 
 sideration of the case, the judge advocate of the court shall withdraw 
 and the expression " the court was cleared " shall be understood as 
 including such withdrawal. 
 
 151. Cross-examination Latitude allowed. The cross-examination 
 of a witness is less restricted than the direct, but must, in general, be 
 confined to the matter brought out in the direct examination and 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 161 
 
 must not be extended to collateral matter, with a view to contradict- 
 ing the witness by other evidence and thus discrediting him. The 
 rule is, however, subject to the qualification that, inasmuch as the 
 object of cross-examination is to test the credibility of the witness, 
 great latitude is allowed ; leading questions are permitted, as well as 
 those which are not relevant to the subject where the purpose is to 
 test the witness's powers of observation, the accuracy of his memory, 
 and the connection of his statement. 
 
 152. Reexamination and recross-examination. Where the witness, in 
 the course of the cross-examination, has made statements not in har- 
 mony with those made upon the direct examination, or statements of 
 a doubtful or equivocal character, an occasion is^ at the. discretion of 
 the court, presented for his reexamination by the party who originally 
 called him, for the purpose of eliciting from him an explanation of 
 such statements, and also, if desired, of his motives in making the 
 same. But this is, strictly, the full scope of a reexamination, which 
 can not in general extend to the bringing out of new matter, and 
 hence the desirableness of exhausting a witness as far as possible on 
 the original examination. (Winthrop, 522.) A naval court may, 
 however, in the interest of truth and justice, in its discretion, permit 
 new matter to be brought out on reexamination. Where a redirect 
 examination is allowed, a recross-examination should also be allowed. 
 
 153. Examination by the court. A member may put questions, but, 
 since members must be impartial and without prejudice, their ques- 
 tions should in general be for the purpose of making clear the mean- 
 ing of testimony already given. (See C. M. O. 19, 1915 ; 3-5.) 
 
 A question by a member may be put directly to a witness with- 
 out submitting it first to the court; if, however, it is objected to 
 and ruled out, it must be recorded as " by a member." If received, it 
 is recorded as "by the court." 
 
 154. Further examination of witness. If a witness is examined by 
 the court, an opportunity should be afforded the judge advocate and 
 the accused, respectively, to reexamine and recross-examine the wit- 
 ness upon new matter brought out by the court's examination ; when 
 the witness is excused the record will be made to state affirmatively 
 that neither the court, the judge advocate, nor the accused (counsel) 
 had any further questions to ask the witness. If any step in the 
 examination of a witness is omitted by reason of the fact that the 
 party whose turn it is to examine does not desire to ask any questions, 
 the record must, by a suitable entry, show that such opportunity was 
 afforded ; thus, " The accused did not desire to cross-examine, etc." 
 
 155. Questions witness may decline to answer. A witness may right- 
 fully decline to answer certain questions, and in such cases should 
 
162 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 be sustained by the court. These questions are known as "privi- 
 leged/* The principal cases of privilege are : 
 
 156. State secrets. This class of privilege covers all the depart- 
 ments of the Government, and its immunity rests upon the belief 
 that the public interests would suffer by a disclosure of state affairs. 
 The scope of this class is very extended, and the question of the 
 inclusion of a given matter therein is decided by a consideration of 
 the requirements of public policy with reference to such matter. 
 (Winthrop, 499.) 
 
 157. Attorney and client. This class of privilege includes all con- 
 fidential communications between a client and his attorney, made 
 during the existence of the relationship and having reference thereto, 
 but does not include matters coming to the knowledge of the attorney 
 independently of his employment. The privilege extends to the 
 clerks, stenographers, interpreters, and other employees whose serv- 
 ices are necessary to the counsel in the transaction of his business. 
 (Winthrop, 501.) And this privilege, of course, holds in the case 
 where counsel is in the naval service as well as in the case of a 
 civilian attorney. This privilege is for the protection of the client 
 and can not be waived by the attorney. (See, on this general sub- 
 ject, C. M. O. 5, 1917, 5-6.) 
 
 158. Husband and wife. This class covers all communications of a 
 confidential nature made during the continuance of marriage. 
 
 159. Criminating questions. All questions whose answers would 
 expose the witness to a criminal prosecution or penal action come 
 under the head of criminating questions. A witness may properly 
 decline to answer a criminating question. If the declination be sus- 
 tained by the court, no inference therefrom or comment thereon is 
 permissible. (See C. M. O. 29, 1914, 11 and citations given therein.) 
 
 160. Degrading questions. A witness may also properly decline to 
 answer where the inquiry is as to collateral, irrelevant, or immaterial 
 matters on the ground that his answer will have the direct effect of 
 degrading or disgracing him, as, for example, in a case where his 
 answer could have no effect upon the case except to impair his credi- 
 bility. He may, however, be compelled to answer as to a matter 
 which is material to the issue or trial, notwithstanding the fact that 
 his answer may tend to disgrace him or bring him into disrepute, 
 unless his answer would also tend to incriminate him in addition to 
 degrading him. (See C. M. O. 29, 1914, 11 and 12.) 
 
 161. Testimony of the accused not excepted from ordinary rules. 
 When an accused elects to take the stand in his own behalf, he is 
 considered as having waived his privilege as to the subject matter of 
 his testimony in chief and must submit to a full cross-examination 
 thereon, notwithstanding the fact that his answers may tend to in- 
 criminate or disgrace him. As stated by the Supreme Court in Fitz- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 163 
 
 patrick v. United States (178 U. S., 315), "Where an accused party 
 waives his constitutional privilege of silence, takes the stand in his 
 own behalf, and makes his own statements, it is clear that the prose- 
 cution has a right to cross-examine him upon such a statement with 
 the same, latitude as would be exercised in the case of an ordinary 
 witness as to the circumstances connecting him with the alleged 
 crime. While no inference of guilt can be drawn from his refusal to 
 avail himself of the privilege of testifying, he has no right to set 
 forth to the jury all the facts which tend in his favor without laying 
 himself open to a cross-examination upon those facts." (See C. M. O. 
 29, 1914, 14-15.) 
 
 162. Request that witness be required to answer. The party examin- 
 ing the witness may request the court to require the witness to answer 
 on the ground that the answer would not tend to incriminate him. or 
 would not tend to degrade him, or, admitting that the ansAver would de- 
 grade him, that the matter under inquiry is material to the issue on 
 trial and must be answered, notwithstanding the element of deg- 
 radation of the witness. If the court sustains the request of the party 
 examining the witness, the witness must answer, or be in contempt. If 
 the privilege claimed be on the ground of self-incrimination, and the 
 answer, when made under compulsion, does tend to incriminate the 
 witness, the accused can not object or require the court to exclude the 
 evidence on that ground; but such answer can not subsequently be 
 put in evidence in a criminal proceeding against the witness. If the 
 privilege claimed be on the ground of self-degradation, and the 
 answer, when made under compulsion, does tend to degrade the wit- 
 ness, the only result is that it maj affect the credibility of the wit- 
 ness. (See C. M. O. 29, 1914, 13-14.) 
 
 163. Privilege is a personal one. The privilege of declining to 
 answer on ground of incrimination or self degradation is a purely 
 personal one and can be claimed only by the witness himself, and 
 not by the accused, his counsel, or any other person. In proper cases, 
 however, the court may, in its discretion, inform the witness of his 
 rights. The accused can not object to such testimony, and the wit- 
 ness may waive his privilege and testify in spite of any objection 
 coming from the accused, his counsel, or any other person. If the 
 witness claims this privilege, but is nevertheless required to testify, 
 it is a matter exclusively between the court and the witness. Under 
 such circumstances the accused is in no worse a predicament than if 
 the witness had come forward voluntarily to testify or had failed 
 to avail himself of his privilege. (See C. M. O. 29, 1914, 12-13.) 
 
 164. How privilege is claimed. When a witness wishes to be excused 
 from answering a question he should state in specific terms on what 
 ground a privilege is claimed. It is for the court to decide whether 
 or not the privilege should be allowed. The witness should not be 
 
164 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 required to detail wherein his answer would incriminate or disgrace, 
 but should make clear upon what ground he is basing a refusal to 
 answer. Both the question and the ground of refusal should appear 
 in the record. (See C. M. O. 29, 1914, 12.) 
 
 165. Rule for deciding whether witness should answer the question 
 when privilege on the ground of self-incrimination is claimed. To en- 
 title a witness to the privilege of silence, the court must see from 
 the circumstances of the case and the nature of the evidence which 
 the witness is called to give that there is reasonable ground to 
 apprehend danger to the witness from his being compelled to answer. 
 The danger to be apprehended must be real and appreciable, with 
 reference to the ordinary operation of the law in the ordinary course 
 of things. It must not be a danger of an imaginary and unsubstan- 
 tial character having reference to some barely possible contingency 
 so improbable that no reasonable man would suffer it to influence 
 his conduct. When reasonable apprehension of danger appears, 
 however, then, inasmuch as the witness alone knows the nature of 
 the answer he would give, he alone must decide whether it would 
 criminate him, and after it has been made to appear to the court that 
 a reasonable apprehension of danger really exists, it should not re- 
 quire evidence of the nature of the witness's ansAver further than 
 his own statement that his answer might tend to criminate him. (See 
 C. M. O. 29, 1914, 14.) 
 
 166. Impeachment of a witness. The testimony of a witness may be 
 impeached: (1) By disproving the facts testified to by him; (2) by 
 proof of contradictory statements previously made by him as to 
 matters relevant to his testimony and to the case; and (3) by attack- 
 ing the witness's general credibility. 
 
 167. Impeachment by proof of contradictory statements. Evidence 
 looking toward the impeachment of a witness by proof of contradic- 
 tory statements previously made by him is competent only in respect 
 to matters that are relevant and material to the charge. Before con- 
 tradictory statements of a witness can be proved against him, his 
 attention must be called with as much certainty as possible to the 
 time, place, attending circumstances, and person to whom the- state- 
 ments have been made. If such statements were made in writing, the 
 same should be shown the witness for identification. It is not suffi- 
 cient to ask a witness in general whether he did not at some time 
 make a different statement, but, in order to prepare the way for 
 impeaching evidence, it is necessary, first, to ask the witness upon 
 cross-examination whether he did not, on a specified occasion, make 
 a diverse statement (specifying it) to a person named. When the 
 impeachment is to be made by the testimony of other witnesses care 
 must be taken to lay the groundwork, as indicated above, for subse- 
 quent impeachment while the witness to be impeached is on the stand. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 165 
 
 Otherwise it would be necessary tor recall such witness for this pur- 
 pose before impeaching testimony could be admitted. But, when 
 the previous statement was made under oath and recorded before an 
 official lawfully empowered to administer an oath, it is not necessary 
 to lay the above foundation for impeachment. 
 
 168. Attacking general credibility of a witness. The general credi- 
 bility of a witness may be attacked in cross-examination, or by evi- 
 dence tending to show his general bad reputation as to veracity. 
 The fact that a witness has been convicted of a crime involving moral 
 turpitude may also be brought out as bearing on his credibility. (In 
 this connection see C. M. 0. 16, 1916, 7-9.) The state of the feelings 
 of the witness and his relationship to the parties may always be 
 proved for the consideration of the court. In all cases it is for the 
 court to determine the weight to be given a particular witness. (See 
 C. M. O. 9, 1916, 6-7.) 
 
 169. A party may not impeach his own witness. Exceptions. The 
 general rule is that a party is not permitted to impeach the credibility 
 of his own witness, but this does not mean that he can not introduce 
 other testimony as to a particular fact which is directly contra- 
 dictory to the testimony of such witness. Exceptions to the general 
 rule are: (1) When the witness appears to be hostile to the party 
 that calls him; (2) when a party is under the necessity of calling a 
 particular person as a witness: (3) when the party that calls a witness 
 is unduly surprised at the evidence elicited. 
 
 170. Authority of naval court to punish contempts. See article 42 of 
 the Articles for the Government of the Navy and sections 11 and 
 12 of the act of February 16, 1909, quoted thereunder. See also note 
 on page 394 in regard to contempt before a summary court-martial 
 or deck court. 
 
 171. The president may caution a witness as to his language or be- 
 havior. This caution may be given at the request of a member, the 
 judge advocate, any party to the trial, or on the president's own 
 initiative. 
 
 172. Procedure when witness is charged with contempt. When a wit- 
 ness is charged with contempt he should be given opportunity to 
 reply. If the reply is satisfactory, the proceedings for contempt 
 may be ended. A witness can not, however, purge himself of con- 
 tempt by insisting that his language or behavior was proper. The 
 testimony of a witness who has been adjudged guilty of contempt 
 may be continued. 
 
 173. Place of confinement of a witness adjudged guilty of contempt. 
 The place of confinement for a witness in the naval service who is 
 adjudged guilty of contempt and is sentenced to confinement should 
 be left to the commanding officer of the person concerned. A com- 
 munication, signed by the president, to such commanding officer 
 should state the offense, the sentence, and the authority therefor. 
 
166 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 174. In case a civilian witness is adjudged guilty of contempt, the 
 district attorney should be informed. If possible, before a civilian wit- 
 ness in contempt before a general court-martial or court of inquiry 
 is permitted to withdraw, the federal district attorney should be 
 communicated with in order that the witness may be apprehended 
 expeditiously. The law does not give a naval court authority to 
 restrain such witness of his liberty as in the case of naval witnesses. 
 Even though the witness has departed from the jurisdiction within 
 which the court-martial sits, the district attorney may cause his 
 arrest in another jurisdiction, as the offense is one against the United 
 States for which provision is made in section 1014, Revised Statutes. 
 (See sec. 130.) 
 
 175. Verification of testimony. The recorded testimony of a witness 
 shall be read to or by him in order that he may verify, correct, or 
 amend it. If desirable, the judge advocate may request the court 
 to permit the witness to report on a subsequent day in order to cor- 
 rect or verify his testimony. If the correction or amendment is ma- 
 terial, the witness may be further examined on the subject matter 
 affected by the correction. (See C. M. O. 3, 1917, 5.) 
 
 176. Manner of correcting testimony. When a witness reappears to 
 correct his testimony the correction, amendment, or verification may 
 be accomplished in either of two ways: First, the witness may be 
 present during the reading of so much of the record as contains his 
 testimony, and, at the conclusion of such reading, make necessary 
 changes or verify it; or, second, he may be furnished with so much 
 
 ' of the record, or a copy thereof, as contains his testimony, to be read 
 over by him out of court, after which he is called before the court to 
 correct, amend, or verify it. The judge advocate may correct obvious 
 clerical errors out of .court before the witness is called upon to verify 
 his testimony. (For manner of recording corrections, see sec. 89.) 
 
 177. Witness may be warned not to converse upon matters pertaining 
 to the trial. The object of the examination of witnesses, and the 
 object of all the various rules of evidence covering such examination, 
 is to present to the court testimony, given under oath, covering all 
 pertinent facts relating to the case which are within the personal 
 knowledge of each witness. When the court has all of the testimony 
 of the various witnesses concerning matters in their own personal 
 knowledge before it, it can then, taking all the evidence into con- 
 sideration, arrive at its finding. 
 
 The reason that no witness is permitted in court during the exami- 
 nation of another witness is in order to prevent either the deliberate 
 or unconscious coloring of the testimony of any witness, inasmuch as 
 it is considered essential to the ends of justice that each witness 
 testify truthfully and in accordance with his own recollection of 
 events. For exactly these same reasons it is highly undesirable and im- 
 proper for witnesses to an occurrence which may probably be the sub- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 167 
 
 ject of judicial investigation to converse with each other concerning 
 the testimony which they would give should they be called as witnesses, 
 or, having testified, to disclose to persons not present the testimony 
 which they gave, or to converse with anybody, including those 
 present in the court room, concerning the details of the testimony 
 given by them. This prohibition, of course, is not intended to pre- 
 vent legitimate conversations between any persons officially inter- 
 ested in the case and bona fide witnesses, but it is intended to prevent 
 any conversations with any persons whatever which will influence any 
 testimony, directly or indirectly, which is to be given before the 
 court. 
 
 The following rules are therefore laid down in regard to warning 
 witnesses to refrain from discussing matters pertaining to the trial : 
 
 (a) It is competent for the judge advocate or the counsel for the 
 accused to warn prospective witnesses against conversations as to 
 the details of the case with any person other than a party to the trial. 
 
 (b) The court may, on its own motion, or upon request of any 
 party to the trial, especially direct any witness who has testified in 
 a case to refrain from disclosing, either directly or indirectly, any 
 part of the testimony he has given, and from conversing with any 
 person whatsoever concerning the details of his testimony. 
 
 (c) The court may also call all the witnesses in the case and in- 
 struct them not to converse with any person, other than the parties 
 to the trial, concerning any feature of the case whatsoever, and not 
 to allow any witness who has testified to communicate in any manner 
 anything to them concerning testimony given on the stand. 
 
 (d) In exceptional cases the court may take the necessary steps to 
 segregate the witnesses, either before or during the trial, in order to 
 prevent intercommunication, and-it may require that all communica- 
 tion between a witness who has testified, or a prospective witness, and 
 counsel, judge advocate, or any other party, be in the presence of a 
 provost marshal. 
 
 In brief, while in many cases of a routine nature it is not consid- 
 ered necessary to take special steps to safeguard the testimony, the 
 court has full authority at any time to take such steps as may be 
 necessary to insure the inviolability and the uncolored veracity of the 
 testimony which is to be given. 
 
 Instruction concerning the inviolability of testimony and the im- 
 propriety of conversing on such matters should be given to every 
 person in the naval service, and it should be impressed upon him 
 that, whether he receives special warning or not, it is at all times 
 improper to converse outside of court upon the details of the testi- 
 mony he has given, or about any part of the testimony he will give 
 if called upon the stand, unless directed so to do by parties to the 
 trial, or other proper authority. 
 
168 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 (1) TESTIMONY BY DEPOSITION. 
 
 178. Deposition. A deposition is the testimony of a witness, put or 
 taken down in writing, under oath or affirmation, before an officer 
 empowered to administer oaths (see sec. 184), in answer to inter- 
 rogatories and -cross- interrogatories submitted, by the party desiring 
 the deposition and the opposite party. 
 
 179. When taken. See act of February 16, 1909, section 16 (35 
 Stat., 622), quoted under article 29, A, G. N. (See also C. M. O. 29, 
 1915, 5, and sec. 390.) 
 
 180. How taken. The method of procedure in order to obtain a 
 deposition is as follows: The party prosecutor or defendant de- 
 siring the deposition submits to the court a list of interrogatories to 
 be propounded to the absent witness; then the opposite party, after 
 he has been allowed a reasonable time for this purpose, prepares and 
 submits a list of cross-interrogatories. After the court has assented 
 to the interrogatories and cross-interrogatories thus submitted, it 
 adds such as. in its judgment, may be necessary to elucidate the 
 whole subject of the testimony- to be given by the witness. Deposi- 
 tions may also be. taken before the assembling of the court by mutual 
 agreement between the judge advocate and the accused (counsel), 
 subject to objections when read in court. 
 
 If the witness whose deposition it is desired to take be a civilian, 
 the judge advocate should prepare, in duplicate, a subpoena requir- 
 ing the witness to appear before the officer designated at the time and 
 place designated for the purpose of giving his deposition. The officer 
 who is to take the deposition will be designated, or caused to be 
 designated, by the convening authority, or, if no officer under the 
 command of the latter be available, by the Secretary of the Navy. It 
 may be left to the designated officer to name the time and place of 
 taking the deposition. The subpoena (in duplicate) , together with the 
 interrogatories, should be forwarded to the officer who is to take the 
 deposition. This officer will cause the duplicate subpoena to be served 
 personally upon the witness and return the original, with indorse- 
 ment that the duplicate has been delivered, to the judge advocate. 
 A civilian witness who attends to give his deposition is entitled to 
 the same fees and expenses as if he had attended personally before 
 the court, and a proper account with the required data should be 
 furnished. (See pp. 375-376.) 
 
 If the deposition of a person in the service is required, a summons 
 will not be inclosed with the interrogatories, but the officer before 
 whom the deposition is to be taken, or the officer who causes it to be 
 taken, shall direct the witness to appear at the proper time and place. 
 
 181. After execution. When the deposition has been executed, it 
 shall be forwarded sealed to the judge advocate, who then becomes 
 the legal custodian thereof. As soon as practicable after its receipt, 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 169 
 
 the judge advocate shall open it in the presence of the accused (coun- 
 sel) and submit it to the latter, so that he may be prepared at the 
 proper time in the course of the trial to make any objection he may see 
 fit. The judge advocate, as the legal custodian of the deposition, is 
 responsible that no alteration whatever is made therein. 
 
 182. Introduction of. To introduce the deposition, the judge advo- 
 cate takes the stand as a witness to identify the document. The 
 party offering the deposition presents it to the opposite party and 
 to the court for inspection and opportunity to interpose objection to 
 its admission; and then, if there be no valid objection interposed, 
 the judge advocate shall read the interrogatories and answers. 
 Should objection be interposed by either party to the trial, the court 
 will rule upon the objection. 
 
 If it should prove that the testimony contained in a deposition is 
 against the interest of the party causing it to be taken, he can not be 
 compelled to introduce it in evidence against his wishes. Nor can the 
 opposite party, against objection, make use of the deposition, but, 
 where applicable, the following procedure shall be followed : 
 
 In cases where the party (either the prosecution or the defense) 
 requesting the taking of a deposition has been taken by surprise, or if 
 for any other reason the answers of the deponent are of such nature 
 that the deposition is withdrawn, the court should allow the opposite 
 side, should it so desire, time to procure another deposition from 
 deponent and allow the deposition to be introduced into evidence out 
 of the regular order if necessary. (File 26251-11382.) 
 
 In addition to objection to the admission of the deposition as a 
 whole, as set forth above, it is, even after admission, subject to objec- 
 tion, in part, in the same manner as objection might be made to the 
 testimony of a witness actually on the stand. 
 
 If, for example, an interrogatory in the deposition reads : 
 
 "Q. Were you, on March 3, 1916, at 11 p.m., at the southeast cor- 
 ner of Broadway and Forty-second Street, New York ? " 
 
 When this interrogatory has been read, an objection to the ques- 
 tion as a leading one would be in order. If made, the court should 
 sustain the objection and direct that the answer be stricken out, in 
 which case the answer would not be read, but the judge advocate 
 would proceed to read the next question. 
 
 183. Appended to record. Whether objections have or have not been 
 sustained, the entire deposition will be properly marked, appended 
 to the record, and referred to in the proceedings. 
 
 184. Officers who are authorized to administer oaths. The act of 
 March 4, 1917, provides, "That judges advocate of naval general 
 courts-martial and courts of inquiry, and all commanders in chief of 
 naval squadrons, commandants of navy yards and stations, officers 
 commanding vessels of the Navy, and recruiting officers of the Navy, 
 
170 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 and the adjutant and inspector, assistants adjutant and inspector, 
 commanding officers, recruiting officers of the Marine Corps, and such 
 other officers of the Regular Navy and Marine Corps, of the Naval 
 Reserve Corps, of the Marine Corps Reserve, and of the National 
 Naval Volunteers as may be hereafter designated by the Secretary 
 of the Navy, be, and they are hereby, authorized to administer oaths 
 for the purpose of the administration of naval justice and for other 
 purposes of naval administration." 
 
 When practicable, officers and men of the Navy and Marine Corps 
 who may be required to subscribe under oath to any papers relating 
 to naval administration and the administration of naval justice shall 
 do so in the presence of officers of the service authorized to administer 
 oaths. 
 
 185. Affidavits. An affidavit differs from a deposition in that it is 
 taken ex parte and offers the opposite party no opportunity to cross- 
 examine the maker thereof. An affidavit, therefore, is not admissible 
 in evidence for the purpose of proving the subject matter with which 
 the affidavit deals. A rule to the contrary would, in effect, permit a 
 person to testify without subjecting him to cross-examination by the 
 party against whom his testimony is given. (In this connection see 
 C. M. O. 48, 1915, 1-3.) 
 
 IV. DOCUMENTARY EVIDENCE. 
 
 186. Definition. " Legal evidence is not confined to the human voice 
 or oral testimony, but includes every tangible object capable of 
 making a truthful statement, such evidence being roughly classified 
 as ' documentary evidence.' In oral evidence the witness is the man 
 who speaks; in documentary evidence the witness is the thing that 
 speaks. In either case the witness must be competent that is, must 
 be deemed competent to make a truthful statement and in either 
 case the competency of the witness must be proved before the evi- 
 dence is admitted, the difference being that in oral evidence the 
 competency is proved by a legal presumption, and in documentary 
 evidence the competency must be proved by actual testimony; and 
 the further difference that in oral evidence the credit of the wit- 
 ness is tested by his own cross-examination, while in documentary 
 evidence the credit of the witness is tested by the cross-examination 
 of those who must be called to prove its competency." (Words and 
 Phrases Judicially Defined, vol. 3, p. 2154.) 
 
 187. Method of introducing documenatry evidence. When documen- 
 tary evidence is offered before courts-martial, it must be in public 
 session of the court, and the proper procedure is as follows: The 
 proper custodian (the judge advocate or other person properly hav- 
 ing the document in his possession) takes the stand as a witness to 
 identify such document ; the party offering the document presents it 
 to the opposite party and to the court for inspection and opportunity 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 171 
 
 to interpose objection to its admission; and then, if there be no rea- 
 sonable objection interposed, the witness reads therefrom such entries 
 as may be pertinent to the issue. Should objection be interposed by 
 either party to the trial, the court will rule upon the objection, and 
 the decision of the court thereon will be final, subject to consideration 
 by the reviewing authority. 
 
 188. Objection to admission of documentary evidence. A reasonable 
 objection to the admission of documentary evidence is one which 
 indicates that the document can not be relied upon as a truthful 
 statement. In some cases it is sufficient merely to call attention to 
 the nature of the document in order to make reasonable objection, 
 as, for example, ex parte affidavits, letters from members of the 
 family of an accused, certificates from a physician that an accused 
 has been under medical treatment, etc., the admission of which would, 
 in effect, permit the author to testify without submitting him to 
 cross-examination; or the document may appear on its face as of 
 doubtful veracity, as where the roll of a militia company, with arbi- 
 trary pencil marks, was held inadmissible to prove the absence of 
 a member of the organization. (Com. v. Peirce, 15 Pick. (Mass.), 
 170.) In other cases it is proper to call witnesses to show that the 
 document is not competent in that it can not be relied upon owing 
 to the way the same had been prepared, as in a case published in 
 C. M. O. 28, 1909, 3, where it was stated : " It also appeared from 
 the testimony of a chief yeoman of the receiving ship on which [the 
 accused] w T as delivered, who w^as finally called as a witness, that the 
 manner in which reports are made of deserters received on board that 
 vessel is not such as to warrant their being received in evidence even 
 as to the return of a man to the service." So, too, it may be shown 
 that entries in a document have been made by unauthorized per- 
 sons, or that the document is a forgery. 
 
 189. Alterations in a document. The party producing as genuine a 
 document which has been altered in a part material to the question 
 in dispute, and which appears to have been altered after its execu- 
 tion, must satisfactorily account for the appearance of the alteration 
 before the document will be received in evidence. 
 
 190. Evidence as to the contents of a document. As a general rule 
 the best evidence as to the contents of a paper is the production 
 of the paper itself and no other evidence thereof is admissible, 
 except in the following cases: (a) Where the original has been 
 lost or destroyed, in which case parol evidence may be received to 
 establish the contents of the writing, or an authenticated copy may 
 be received; (b) where the original is a record or other document, 
 in custody of a public officer, in which case copies duly authenticated 
 under the seal of a department are admitted in evidence in the same 
 manner as the originals, and, by statute, full credence is to be given 
 
 26450 IT 12 
 
172 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 them (R. S., 882) ; (c) where the original is in possession of the 
 party against whom the evidence is offered and the latter fails to 
 produce it after reasonable notice, in which case either parol evi- 
 dence, or a duly authenticated copy may be received; (d) where the 
 original consists of numerous accounts or other documents which can 
 not be examined by the court without great loss of time, and the fact 
 sought to be established from them is only the general result of the 
 whole, in which case parol evidence may be received in evidence 
 to establish the general result without reading the records, as, for 
 example, where an officer's official record, embracing numerous in- 
 dividual reports, letters, etc., is introduced to prove that he has never 
 been reported for certain misconduct. In such a case a witness who 
 has carefully examined the reports may be permitted to testify as to 
 the general result that is, that the official record contains no re- 
 marks to the effect that the accused was intemperate, etc. Likewise, 
 where it is desired to prove from a document, as a service record, that 
 an enlisted man has received an average mark of 5 in sobriety, it is 
 unnecessary to read all his marks under this heading, but the general 
 result may be stated by the witness who has examined the record. 
 
 191. Document in full in evidence. Although only a part of a docu- 
 ment may have been read to the court, or only a general result 
 deduced therefrom have been testified to, the document in full must 
 have been offered and received in evidence before such testimony can 
 be received. The opposite party is thus afforded an opportunity to 
 call upon the witness to read such additional entries as may be 
 pertinent to the issue and for which the party introducing the docu- 
 ment failed to call. Thus, if the question at the time before the 
 court is the character of an accused, and the defense has introduced 
 in evidence his service record from which it has been shown that the 
 accused has an average of 5 in markings in sobriety, the judge advo- 
 cate, by cross-examination, can require the witness to read the marks 
 of the accused in obedience, in order to show that the accused has a 
 number of low marks therein or that his average therein is low. 
 In other words, the rule provides an opportunity for the court to 
 have before it all the information contained in the document, and 
 the party introducing it in evidence can not pick and choose there- 
 from the points he desires to set forth and suppress the remainder. 
 A document as a witness does not differ in status from a man as a 
 witness; the opposite party and the court can demand from either 
 all admissible evidence in possession of the witness, and is not con- 
 fined to a consideration of only such evidence as the party putting 
 the witness on the stand may desire adduced from that witness. But 
 in this connection, it is to be noted that the documentary evidence 
 offered to a court need not necessarily be a record complete in itself. 
 For example, when, under article 60 A. G. N., the record of the testi- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 173 
 
 mony of a witness, from whom oral testimony can not be obtained, 
 given before a court of inquiry, is offered in evidence before a general 
 court-martial, the full document admissible in evidence is the record 
 of the entire testimony of such witness before the court of inquiry 
 and not the whole record of proceedings of such court. See C. M. O. 
 f >4, 1917.) 
 
 192. Parol evidence offered in connection with a document. While 
 parol evidence is not admissible to vary in any way the contents of a 
 document, yet it may be received for the purpose of explaining any 
 ambiguity in a document or of throwing light on the attendant cir- 
 cumstances. 
 
 193. Documentary evidence not conclusive. In general, a document 
 is prima fade only and is not conclusive evidence of the facts stated 
 therein. The opposite party may introduce evidence to rebut it or 
 show that the contrary is the truth. 
 
 194. Public Documents. Documentary evidence introduced before 
 naval courts is usually in the form of public documents, the entries 
 in which are presumed to have been made by proper authority. 
 Among such are : 
 
 195. Service records Reports of deserters received on board, etc. 
 These are such documents as may, when properly identified and pro- 
 duced, be admitted in evidence. The general rule is that it is suffi- 
 cient if the record is kept in the discharge of a public duty and is 
 a convenient and appropriate mode of discharging that duty in order 
 that it may be admitted as a public document. Thus, a record has 
 been held admissible if it was kept by the direction of superior offi- 
 cers and in accordance with the rules and practice of the office. (17 
 Cyc. 307.) The entries made in service record books and official cer- 
 tificates are not in the nature of private entry or memorandum, since 
 they are made by public officers whose duty it is to record truly the 
 facts stated therein ; and it is not necessary that the entries be made 
 personally by a public officer himself, if the entries are made under 
 his direction by a person authorized by him. (C. M. O. 31, 1915, 
 14-15.) 
 
 196. Documentary evidence in connection with the proof of desertion. 
 The most frequent use of documentary evidence before courts-martial 
 arises in cases of trial for desertion, and there has been some con- 
 fusion in applying the rules of evidence in this regard. The follow- 
 ing rules apply to the use of service records and reports of deserters 
 received on board as evidence before naval courts-martial: 
 
 The mere entry of desertion in a service record, with entries of 
 attendant circumstances, is not sufficient to prove the gravamen of 
 the offense. While admissible, it is only prima facie evidence, open 
 to explanation and to rebutting testimony, and while it would, in the 
 absence of rebutting testimony, show r that the accused was attached 
 
174 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 to and serving on board the vessel, or stationed at the navy yard or 
 naval station indicated, that he was found to be absent at a certain 
 time, that his absence continued for 10 days or more, and that it was 
 not satisfactorily explained, it would not be of sufficient weight to 
 establish the fact that he had intended permanently to abandon the 
 service, that he was possessed of the animus non revertendi (the 
 intention of not returning) when the officer made the entry. Yet the 
 entries mentioned are admissible evidence of the stated facts that 
 were within the knowledge of the officers who made the entries and 
 are by no means without probative force in determining whether the 
 offense of desertion has been committed. 
 
 The entries on a " Report of deserter received on board " are en- 
 titled to consideration when such report has been properly received 
 in evidence, to prove the date and place of return from unauthorized 
 absence of the party mentioned therein, together with his condition at 
 the time, the state of his wearing apparel, etc. 
 
 The question of animus non revertendi must, of necessity, always 
 be a conclusion from certain facts, and is for the court to determine 
 from all the evidence in the case. 
 
 The foregoing (introduction of " Service record and report of de- 
 serter received on board ") " present applications in various in- 
 stances of the well-established rule that official reports and certifi- 
 cates made contemporaneously with the facts stated, and in the regu- 
 lar course of official duty, by an officer having personal knowledge 
 of them, are admissible for the purpose of proving such facts." (U. S. 
 v. Corwin, 129 U. S., 385.) They are not conclusive evidence of the 
 facts stated therein, and rebutting testimony may be offered ; but they 
 may well establish the case for the prosecution, if an accused fail to 
 produce sufficient evidence in rebuttal thereof to overcome the prima 
 facie case so made out against him. 
 
 " Manifestly the design and meaning of the rule is not to convert 
 incompetent and irrelevant evidence into competent and relevant evi- 
 dence simply because it is contained in an official communication." 
 (U. S. v. McCoy, 193 U. S., 601.) Should the officer who made the 
 entries be testifying under oath, his assertion that an accused had 
 deserted would be excluded as inadmissible; he could only be heard 
 to state facts within his knowledge, such as the fact that the accused 
 had been absent without leave, had disposed of his clothing before 
 so absenting himself, etc., from which the court would conclude 
 whether such facts would warrant a finding of guilty on a charge of 
 desertion. The officer's assertion that an accused had deserted would 
 itself imply the existence of primary and more original and explicit 
 sources of information. 
 
 The facts necessary to make out a case of desertion may be proved 
 not only by the records, but also by parol evidence. Where records, 
 
INSTRUCTIONS FOR COURTS AND B.OARDS. 175 
 
 as the above, are introduced as evidence, it is not necessary or re- 
 quired that the officer who made the entries be shown to be unavail- 
 able by reason of death, absence, or other circumstances of such a 
 nature. (C. M. O. 31, 1915, 15-16.) The foregoing supersedes 
 C. M. O. 47, 1910, 9, and all other instructions on this subject con- 
 flicting with the instructions laid down herein. 
 . 197. Documentary evidence in case of fraudulent enlistment. In cases 
 of fraudulent enlistment the original shipping articles (enlistment 
 paper), in the absence of testimony from the officer who enlisted the 
 accused, will be necessary. The oath and declaration is not contained 
 in the service record. A service record constitutes the official history 
 of the man; the shipping articles contain the oath and declaration. 
 Finger-print records of the accused are also admissible in this con- 
 nection. 
 
 198. Copies of records. " Copies of any books, records, papers, or 
 documents in any of the executive departments, authenticated under 
 the seals of such departments, respectively, shall be admitted in evi- 
 dence equally with the originals thereof." (R. S., 882.) The words 
 " documents " and " papers " can not be held to mean every document 
 or paper on file, but only such as were made by an officer or agent 
 of the Government in the course of his official duty. (7 Ct. Cls., 407.) 
 
 199. Private documents. It is a general rule that private docu- 
 ments of an ex parte nature, such as affidavits (see sec. 185), are 
 not admissible as evidence of the subject matter therein contained. 
 But the original entries and writings of a person who was in a posi- 
 tion to know the facts therein stated, made at about the time such 
 facts occurred, are admissible as evidence of such facts under the 
 following circumstances, provided the entrant is unavailable as a 
 witness as in case of subsequent death or insanity : (1) When the entry 
 or writing is against the interest of the maker; and (2) when it was 
 made in due course of business, professional capacity, or in the course 
 of the person's ordinary and regular duties. As to the admissibility 
 of a memorandum, the authenticity of which is vouched for by a 
 witness on the stand, see section 145. 
 
 200. When document is not offered testimonially as to its contents. 
 The distinction must be recognized between cases in which a docu- 
 ment is offered as evidence of the truth of the facts stated therein and 
 those in which it is not so offered. As, for example, in a case where 
 the specification alleged that certain conduct brought scandal and 
 disgrace upon the naval service, it was held that a newspaper was 
 properly admissible in evidence, not as evidence of the facts stated 
 therein in regard to the conduct of the accused which must be other- 
 wise established, but as evidence of the publicity which was given the 
 alleged -misconduct, for which purpose it was not hearsay but was the 
 best evidence. (C. M. O. 4, 1913, 55.) 
 
176 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 201. When question as to genuineness of handwriting is involved. 
 See sec. 146 (c). 
 
 202. When a document is not in the hands of the party desiring to 
 introduce it. If the document or paper to be introduced is not in the 
 hands of the party desiring to introduce it, it may be produced in 
 -court by serving a subpwna duces tecum upon the holder. (See 
 
 p. 374.) 
 
 203. In connection with making up the record. In general, either the 
 document itself, or a certified copy thereof, or a certified copy of 
 such extracts therefrom as were read to the court, by either party, 
 must be appended to the record, or set out in full in the recorded 
 testimony of the witness who reads from the document. As, how- 
 ever, an officer's record is a part of the official files of the department, 
 it is not required that the original or a certified copy of the same be 
 attached to the record of proceedings where the court is one con- 
 vened by the Secretary of the Navy. Also, when a document is an 
 exhibit attached to the record of a court of inquiry, or to another 
 court-martial record, and is such that a copy could not well be made, 
 as a chart, design, etc., or where documentary evidence is ruled out, 
 neither the original nor a certified copy thereof need be appended to 
 the record ; but its contents should be referred to in the body of the 
 record, at the appropriate place, so that the reviewing authority may 
 know what the document was and where it may be found. 
 
 V. EVIDENCE IN GENERAL. 
 
 204. Under this head there is to be considered: 
 
 (1) Order of introducing evidence. 
 
 (2) Weighing evidence. 
 
 (3) Evidence in aggravation or extenuation. 
 
 ( 1 ) ORDER OF INTRODUCING EVIDENCE. 
 
 205. Order for the introduction of evidence.- The proper and usual 
 order and sequence for the introduction of evidence is as follows: 
 First, by the prosecution; second, by the defense; third, rebuttal by 
 the prosecution ; fourth, sur rebuttal by the defense. The beginning 
 and end of each of these steps shall be noted in the record. The 
 court may, in the interests of justice, allow evidence to be introduced 
 out of the above order and may, for satisfactory cause, allow the 
 prosecution or the defense to introduce evidence at any time before 
 arriving at its findings thereon, but it shall not thereafter receive 
 any new evidence. The court may also permit a case once closed 
 by either or both sides to be reopened for the introduction of evi- 
 dence previously omitted, if the court has not yet arrived at its find- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 177 
 
 ings and if convinced that such evidence is so material that its omis- 
 sion would leave the investigation incomplete. In all such cases 
 both parties must be present, and any evidence thus received would 
 be subject to cross.-examination and rebuttal by the party to whom it 
 may be adverse. All evidence, whatever its nature, shall be recorded 
 in the proceedings in the order in which it is received by the court. 
 
 206. Rebuttal. During the rebuttal evidence may be introduced by 
 the prosecution "to explain or repel the evidence introduced by the 
 defense. In general, anything may be given as rebutting evidence 
 which is a direct reply to that produced by the other side. The 
 judge advocate may rebut any new matter by evidence in rebuttal; 
 he may impeach the testimony of witnesses for the defense, or may 
 sustain the credibility of his own witnesses. 
 
 The evidence here introduced should, in general, be confined to 
 such as relates to evidence introduced by the defense. 
 
 207. Surrebutal. The defense is accorded an opportunity in the 
 surrebuttal, to overcome matters brought out in the rebuttal; that 
 is, the defense may here attempt to sustain its original evidence. 
 
 (2) WEIGHING EVIDENCE. 
 
 ' 
 
 208. Weighing evidence. In weighing evidence the court may con- 
 sider: (1) The witness's manner of testifying; (2) his intelligence; 
 (3) his means and opportunities of knowing the facts to which he 
 testifies; (4) the nature of the facts to which he testifies; (5) the 
 probability or improbability of his testimony; (6) his interest or 
 want of interest; (7) his personal credibility, so far as it legitimately 
 appears upon the trial; (8) the number of witnesses, subject to the 
 remarks in the following section ; (9) all the facts and circumstances 
 of the case. (See, in this connection, C. M. O. 16, 1916, 7-9 and 9, 
 1916, 67.) 
 
 209* Weight of evidence as affected by the number of witnesses. The 
 relative number of witnesses for the prosecution and the defense is 
 by no means decisive in general, as the relative weight of the evi- 
 dence depends much less upon the number of witnesses than upon 
 their character, their relation to the case, and the circumstances 
 under which their testimony is given. The "weight of evidence" 
 is not a question of mathematics, but depends on its effect in inducing 
 belief. It often happens that one witness, standing uncorroborated, 
 may tell a story so natural and reasonable in its character, and in 
 a manner so sincere and honest as to command belief, although sev- 
 eral witnesses of apparently equal respectability may contradict him. 
 The question for the court is not on which side are the witnesses 
 the more numerous, but what evidence does it believe. 
 
 210. Weight to be given testimony of the accused. The fact that a 
 witness is the accused does not condemn him as unworthy of belief, 
 
178 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 but does create in him an interest greater than that in any other 
 witness, and to that extent affects the question of credibility. It is a 
 general rule that the relations of a witness to the matter to be decided 
 are legitimate subjects of consideration in respect to the weight to be 
 given to his testimony. In every case the testimony of an accused 
 should be considered in connection with all the evidence adduced and 
 given such weight as the court may believe it to merit. (See Reagan 
 v. United States, 157 U. S., 301.) 
 
 211. Cumulative evidence unnecessary. When a fact has-been suffi- 
 ciently established, it is unnecessary to consume the time of the court 
 by the introduction of additional evidence which is merely cumula- 
 tive, as such carries no additional weight. 
 
 (3) EVIDENCE IN AGGRAVATION OR EXTENUATION. 
 
 212. Plea of guilty does not exclude evidence for the prosecution. 
 A plea of guilty does not necessarily exclude evidence for the prosecu- 
 tion. Where the court has discretionary power as to the punishment 
 to be awarded, it is proper that it should have full knowledge of 
 all the circumstances attending the offense. The reviewing authority 
 is also entitled to this knowledge, and to this end it is proper for 
 the court to take evidence after a plea of guilty, unless the facts are 
 so fully set forth in the specification as to show all the circumstances 
 of mitigation or aggravation. 
 
 213. Accused may cross-examine. When evidence of this character 
 is introduced after a plea of guilty, the accused has the same right to 
 cross-examine the witnesses and to offer evidence in rebuttal as 
 though he had pleaded not guilty. 
 
 214. Character evidence. In cases at naval law character evidence 
 is usually offered for the purpose of obtaining mitigation of the pun- 
 ishment which may follow in case of conviction. Thus offered, it is 
 given a wide latitude; it need not be limited to general good char- 
 acter, but may include particular acts of good conduct, bravery, etc. ; 
 it need have no reference to the nature of the charge, but may ex- 
 hibit the reputation or record of the accused in the service for effi- 
 ciency, fidelity, subordination, temperance, courage, or any of the 
 traits- that go to make a good officer or enlisted man. But when 
 character evidence is offered by the defense as bearing on the issue, 
 such evidence must be as to general character; particular acts of 
 merit are not admissible. Also, when thus offered, the character 
 shown must be of such a nature as to be relevant to the issue involved 
 in the case; as a general reputation for sobriety when charged with 
 drunkenness, or for obedience when charged with disobedience. (As 
 to the duty of a judge advocate (recorder) to rebut character evi- 
 dence, see C. M. O. 39, 1915, but this applies only when evidence as 
 to good character has first been introduced by the defense.) 
 
IX. 
 
 GENERAL COURTS-MARTIAL. 
 
 (A. G. N. 35 to 43; 45 to 54; and 
 subsequent statutory enactments quoted thereunder.) 
 
 179 
 

GENERAL COURTS-MARTIAL. 
 
 Page. 
 
 Place of meeting sessions 183 
 
 Convening authority 183 
 
 Constitution 183 
 
 Precept 184 
 
 Charges and specifications 185 
 
 Members 186 
 
 President 188 
 
 Judge advocate 188 
 
 Counsel for judge advocate 191 
 
 Accused : 192 
 
 Counsel for accused 192 
 
 Clerk, stenographer, and interpreter 193 
 
 Provost marshal, guard, and orderlies. 193 
 
 Challenge : 194 
 
 Oaths 195 
 
 Postponement 197 
 
 Arraignment 197 
 
 Preliminary motions 197 
 
 Pleas to the issue 200 
 
 Witnesses L 202 
 
 Statement and arguments 202 
 
 Findings 203 
 
 Record of previous convictions 205 
 
 Sentence 207 
 
 Recommendation to clemency , , 211 
 
 Record of proceedings ,'JJL'J. ..,, ., 211 
 
 Revision j , _ ____ 213 
 
 Reviewing authority ___ __ _______ 215 
 
 Dissolution of court ; _______ 217 
 
 Limitation of punishment ____ 217 
 
 181 
 
. 
 . 
 
 - 
 
 
 
 
 
 . 
 
 , 
 
 
 
 
 
 . 
 
 . 
 ' 
 
COURTS-MARTIAL IX GENERAL. 
 
 PLACE OF MEETING SESSIONS. 
 
 215. Place of meeting. Courts-martial are assembled and held in 
 a convenient part of a ship or navy yard or other place as may be 
 ordered. But no naval court or assembly of a judicial character 
 shall be ordered or permitted to assemble or conduct any part of its 
 proceedings in any place subject to foreign jurisdiction. When, how- 
 ever, United States forces have landed in foreign territory for mili- 
 tary purposes, that part of the foreign territory actually occupied 
 by such forces is not subject to foreign jurisdiction within the mean- 
 ing of this section. (C. M. O. 42, 1915, 10.) Should a court-martial 
 at any time find it necessary to meet at a place other than that 
 ordered, the sanction of the convening authority to make such change 
 should be obtained. 
 
 216. Hours of sessions. A naval court-martial may hold sessions 
 at any hour of the day, but courts-martial are not to meet at unusual 
 hours, nor should the duration of the sittings be unusually pro- 
 tracted, unless the court is informed by the convening authority that 
 the case is one of extraordinary urgency and that such a measure is 
 therefore warranted. 
 
 217. Sessions to be public. The sessions of courts-martial shall be 
 public, and in general all persons except such as may be required to 
 give evidence shall be admitted. (In this connection see C. M. O. 51, 
 1914, 3, for procedure to be followed in case it is desired to exclude 
 certain classes of persons.) 
 
 CONVENING AUTHORITY. 
 
 218. Convening authority. See article 38, A. G. N., and subsequent 
 statutory enactments quoted thereunder (p. 39). 
 
 CONSTITUTION. 
 
 
 
 219. Composition of court. See article 39, A. G. N. (p. 40). 
 
 220. Rank of members. Except in cases of emergency, the circum- 
 stances of which shall be reported in writing to the department by 
 the convening authority, no officer shall be ordered as president or 
 member of a general court-martial who is below the rank of lieu- 
 tenant in the Navy or captain in the Marine Corps. 
 
 183 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 221. Trial of staff or marine officer. In detailing officers for the 
 trial of a medical, pay, or marine officer it is proper, if the exigencies 
 of the service permit, that at least one-third of the court be composed 
 of officers of the same corps as the person to be tried. 
 
 222. Personnel of conrt. No officer should be named as a member 
 against whom either the judge advocate or the accused can reason- 
 ably object when called upon to exercise the privilege of challenge. 
 (In this connection see C. M. 0. 9, 1916, 8.) IQ 30fil<1 gis 
 
 223. Application of limitations as to number, rank, and corps. In 
 applying the limitations above as to number, rank, and corps of mem- 
 bers, it rests with the discretion of the convening authority as to 
 what would constitute an injury to the service. 
 
 224. Officers of the National Naval Volunteers, Naval Militia, Naval 
 Reserve Force, Coast Guard, etc., as members. As to officers of the Na- 
 tional Naval Volunteers, Naval Militia, Naval Reserve Force, Coast 
 Guard, and the several services enumerated in section 25 as coming 
 under naval jurisdiction at certain times, sitting as members of 
 courts-martial for the trial of officers and men of the United States 
 naval service, the said Volunteers, Militia, Reserves, Coast Guard, 
 and other services, see General Order No. 296. 
 
 225. Changes in court. Changes in the composition of the court can 
 legally be made only by the convening authority, and no officer is 
 empowered to sit as a member or judge advocate except in obedience 
 to an order signed by such authority and addressed to the court. 
 (See P. 368.) 
 
 2 : 26. Changes in composition may be made by signal. Changes in the 
 composition of, or instructions to, general courts-martial may be 
 made by signal, but the signal shall be followed by a written con- 
 
 ft : 
 
 firmation. 
 
 227. Five members form a quorum. The number of members may 
 be reduced by various causes during a trial, but so long as five mem- 
 bers remain the court is a legal court and can proceed. If reduced 
 below the number of five, the court must still meet and adjourn from 
 day to day until the absent members return, or until sufficient addi- 
 tional members are detailed thereto, or until the court is dissolved 
 by the convening authority, who should be notified of the condition 
 of affairs. 
 
 THE PRECEPT. 
 
 .(01 .q) .7 - : --.tairoo lo nottiaoqffloO .61S 
 
 228. The precept. The precept is the order convening the court. 
 It is signed by the convening authority and addressed to the presi- 
 dent of the court. It specifies the time and place of meeting and 
 recites the composition of the court. Supplementary to the precept, 
 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 185 
 
 individual orders are issued to the officers named therein directing 
 them to perform the duties set forth in the precept. (But such orders 
 from the Chief of the Bureau of Navigation or Commandant, Marine 
 Corps, are not in themselves sufficient. Appointment by the conven- 
 ing authority is necessary. See C. M. O. 49, 1910, 6.) If the conven- 
 ing authority desires to authorize the court to adjourn over holidays, 
 the precept should specifically state that such authority has been 
 granted. (See A. G. N. 45.) When less than 13 members are de- 
 tailed on a general court-martial, or any of the discretionary provi- 
 sions under " Constitution " above have not been fulfilled, the precept 
 should specifically state that " no other officers can be detailed with- 
 out injury to the service." (See pp. 343, 367, and 371-373.) 
 
 229. Precept read. The precept, together with any orders from the 
 convening authority directing a change in the composition of the 
 court set forth therein, must be read by the judge advocate in court 
 in the presence of the accused. 
 
 230. Copy of precept to be prefixed to record. A copy of the precept, 
 together with copies of any orders from the convening authority 
 directing changes in the composition of the court set forth therein, 
 shall be prefixed to the record of proceedings in each and every case. 
 
 231. Disposition of original precepts. The original precept, together 
 with any orders directing changes in the composition of the court set 
 forth therein, shall be kept until the court is dissolved, or, in the case 
 of a permanent navy-yard court, until a new precept is issued, and 
 then returned to the convening authority. If the convening authority 
 be other than the Secretary of the Navy, he shall then forward the 
 same to the Navy Department (Office of the Judge Advocate Gen- 
 eral). 
 
 THE CHARGES AND SPECIFICATIONS. 
 
 (See Chap. VI.) 
 
 . 
 
 232. Copy of charges and specifications forwarded to the accused. 
 
 The copy is sent to the accused by the convening authority through 
 the usual official channels. (See p. 368.) Facts as to the delivery 
 may be obtained from the commanding officer under whom the ac- 
 cused is serving. The accused shall be asked whether he has re- 
 ceived a copy of the charges and specifications preferred against him, 
 and on what date. 
 
 233. Denial of accused as to receipt. If the accused denies having 
 received a copy of the charges and specifications, evidence to estab- 
 lish the fact may be introduced. 
 
 234. Original prefixed to record. The original charges and specifica- 
 tions shall be prefixed to the record in each case. 
 
186 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 235. Must be pronounced in due form and technically correct. After 
 the court has been organized (sworn), the accused is asked if he has 
 any objections to make to the charges and specifications. If he does 
 not object to any feature of them, and the judge advocate reports no 
 defect in them, and if the members of the court, after carefully 
 scrutinizing them in closed court, find no defect in them, the court 
 pronounces the charges and specifications in due form and tech- 
 nically correct. (For the procedure in case of errors see sec. 56.) 
 An entry to this effect must be made upon the record. After this 
 stage of the proceedings the accused is estopped from objecting to 
 any feature of the charges and specifications except an error in sub- 
 stance. (See sec. 56 (3).) Since an error in substance is one of such 
 a nature as to vitiate the entire proceedings, it may be noted at any 
 stage of the trial that it manifests itself. 
 
 THE MEMBERS. 
 
 236. Take seat in order of rank. The members are named in the 
 precept in order of their rank and take seat accordingly, the presi- 
 dent at the head of the table and other members at his right and 
 left alternately. 
 
 237. Duties in general. In general, the members of the court, as a 
 body, finally decide upon all questions as to the admissibility of evi- 
 dence and pass upon all questions presented to the court during the 
 course of the proceedings. Also, the members of a court, who sign 
 its proceedings, as well as the judge advocate, are responsible for the 
 correctness of same. 
 
 238. Voting. The vote of each member, upon a question arising 
 before the court, has equal weight, and, in taking the opinion of the 
 court, the junior member shall vote first and then the others in inverse 
 order of their seniority. In the event of a tie vote upon a motion or 
 objection, the same is not sustained. When there is a majority, the 
 view of the majority becomes the decision of the court. For method 
 of arriving at the findings and sentence see sections 318 and 336. 
 
 239. Duty of members to decide according to the law, even if at vari- 
 ance with their individual beliefs. Courts-martial can not, with pro- 
 priety, attempt to rise above the law, of which they are the creatures, 
 and disregard the provisions of law. (See C. M. O. 4, 1913, 56.) If 
 by reason of a lack of knowledge of the law a court arrives at an in- 
 correct finding or unjustified sentence, there has been provided, in 
 the interests of justice, a means of correcting such error. The de- 
 partment may return the record for further consideration, pointing 
 out what the law is in the premises. In such event the court is not 
 
 justified in disregarding the law because an application of the same 
 
 - 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 187 
 
 may reach a result at variance with the individual beliefs of a ma- 
 jority of its members, but should accept the law as laid down to it 
 by proper authority and come to its findings and sentence anew 
 accordingly. (See C. M. O. 25, 1916, 4.) 
 
 240. Liability of members. A court-martial has no power to punish 
 its members, but a member is liable for improper conduct as for any 
 other offense against naval discipline. 
 
 The members of a duly constituted and organized court-martial 
 can not be interfered with in their proceedings by naval authority, 
 yet they are responsible in civil courts for any abuse of power or 
 illegal proceedings. 
 
 241. Status of members in respect to other duties. An officer detailed 
 for duty on a general court-martial is, while so serving, exempt from 
 other duty, except in cases of emergency, to be judged by his imme- 
 diate commanding officer, who shall, in case he require such officer 
 to perform other duty, at once communicate with the convening 
 authority, assigning the reasons for his action. 
 
 When a general court-martial adjourns without day, or for a 
 period of more than two days, the president of the court shall report 
 the fact to the senior officer present, and the members of the court 
 shall then be available for other duty. 
 
 242. Absence of members. See article 46, A. G. N. (p. 42). 
 
 243. Order from superior. In case of absence by reason of an order 
 from a superior officer, the provisions of the Navy Regulations 
 (R-1513 (2) ) shall be complied with. The report of the circum- 
 stances shall be forwarded by the member receiving such order to 
 the convening authority through the president of the court, and a 
 copy of such report shall be attached to the record of each case to 
 which it applies. 
 
 244. Illness of member. In case a member is ill, he shall, if able, 
 request the attending medical officer to report the fact of his sickness 
 to the convening authority, and such request will be complied with. 
 The report shall be forwarded through the president of the court, 
 and a copy thereof will be attached to the record of each case to which 
 it applies. When the member is able to resume his duties, the attend- 
 ing medical officer shall report such fact in the same manner as above 
 prescribed. 
 
 245. Detachment from ship or station. The detachment of an officer 
 from his ship or station does not of itself relieve him from duty as 
 a member or judge advocate of a general court-martial ; specific orders 
 for such relief are necessary. 
 
 246. Procedure in case of absence of a member. In case of the com- 
 pulsory temporary absence of a member, the court may excuse the 
 member so absent from further attendance upon the case then pend- 
 
 26450 17 13 
 
188 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 ing, provided there remain the legal number of members present ; but 
 should that not be deemed possible or advisable, and should such 
 member resume his seat, the record of proceedings during his ab- 
 sence shall be read to him and the requirements of article 47, A. G. N., 
 shall be strictly complied with. If the absence of a member reduces 
 the court below the legal minimum, an adjournment should be taken 
 until the next day or over Sunday, as the case may be, unless it 
 appears that the absence of the member may be protracted, in which 
 case the president should inform the convening authority of the facts. 
 
 247. Procedure upon seating of new member. In the case of a new 
 member of the court being appointed after the trial has begun, he 
 shall take his seat as such, subject to challenge in the same manner 
 as other members, the reading of the record of proceedings of the 
 trial to date, and the requirements of article 47, A. G. N. 
 
 . 
 
 THE PRESIDENT. 
 
 248. Duties in general. The senior officer in rank of a naval general 
 court-martial becomes president thereof by virtue of his rank. Be- 
 sides his duties and privileges as a member, he is the organ of the 
 court. He is responsible for the dignified and orderly conduct of 
 the proceedings of the court and is empowered to keep order. He 
 shall recognize the equality of members in deciding questions pre- 
 sented to the court in the course of its proceedings, and in all cases 
 where such questions arise he shall order the court cleared for the 
 purpose of reaching a decision thereon. (See sec. 238.) The presi- 
 dent speaks and acts for the court and in every case announces the 
 ruling of the court. He is also responsible that all persons called 
 before the court are treated in a becoming manner, and in all cases 
 of impropriety, whether in language or behavior, shall, if necessary, 
 report the offender to the convening authority. 
 
 249. Administers oaths. The president administers the oath to the 
 judge advocate and to the witnesses. 
 
 THE JUDGE ADVOCATE. 
 
 250. Eesponsible to convening authority. The judge advocate is, in 
 his military character as an officer, responsible for the proper dis- 
 charge of his duty to the convening authority. (In this connection 
 see C. M. O. 49, 1915, 10-11.) 
 
 251. Appointment of judge advocate. The authority to convene gen- 
 eral courts-martial implies the power to appoint the judge advocate. 
 When, therefore, it is decided to assemble a general court-martial, 
 the convening authority shall select a competent commissioned officer, 
 who shall, if possible, not be liable to summons as a material witness 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 189 
 
 in the case, to perform the duties of judge advocate, and shall name 
 him as such in the order convening the court. 
 
 252. Judge advocate not to be challenged. Neither the judge advo- 
 cate nor the counsel, if any, detailed to assist him may be challenged 
 on any grounds. 
 
 253. Duties before trial. When the judge advocate is notified that 
 a case is to be tried before the court of which he is judge advocate, 
 he should be furnished with such papers and instructions as are con- 
 sidered necessary for his guidance. The record of proceedings of a 
 court of inquiry in the case, if any has been held, must be trans- 
 mitted to the judge advocate, who shall examine it, to the end that 
 he may, if practicable, summon all the necessary witnesses. He 
 should question such persons as the papers in his possession indicate 
 have any knowledge of the facts involved with a view to obtaining 
 all necessary evidence to sustain the charges and specifications. 
 
 It is his duty to ascertain that the accused has received a true copy 
 of the charges and specifications preferred against him and when 
 the same was received. He shall critically examine the charges and 
 specifications in order that, prior to the arraignment, he may advise 
 the convening authority of any technical inaccuracies that he may 
 discover. (See sec. 56.) 
 
 Before the court assembles the judge advocate should also see 
 that a suitable place is provided for the sessions of the court, and 
 that it is supplied with writing materials for the use of the members. 
 He should summon the necessary witnesses for the prosecution, obtain 
 from the accused a list of his necessary witnesses and summon them. 
 (See sees. 122 to 132.) He should make a preliminary examination 
 of the witnesses for the prosecution, and, as far as possible, systema- 
 tize his plans for conducting the case. Prior to the trial, he shall, 
 for the convenience of the court, place upon the table several copies 
 of the charges and specifications on which the accused is to be tried. 
 The judge advocate should confer with the accused as soon as prac- 
 ticable after the latter has received a copy of the charges and speci- 
 fications. The judge advocate should scrupulously avoid even the 
 slightest suggestion to the accused that he plead guilty to anything 
 charged against him. He should inform the accused that he is en- 
 titled to counsel ; that he may have a reasonable time in which to 
 prepare his defense ; and of his rights in regard to having witnesses 
 summoned for the defense. The judge advocate should inform the 
 accused as to the probable witnesses to be called for the prosecu- 
 tion, although it is unnecessary to inform him as to the testimony 
 expected from them. In a large majority of cases the accused will not 
 know whether he wants, or needs, counsel. In that event the judge 
 
190 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 advocate should explain to him the general duties of counsel for the 
 defense. If, in discussing the case with the accused, it develops 
 that he might have any good defense whatever, discussion of the 
 merits of the case should be terminated at once and the accused ad- 
 vised to secure counsel. Whenever an accused has secured counsel, 
 all negotiations by the judge advocate should be conducted through 
 that counsel. 
 
 254. Duties during trial. During the trial the judge advocate con- 
 ducts the case for the Government. He executes all orders of the 
 court ; reads the convening order ; administers the oath to the mem- 
 bers, clerk, stenographers, and' interpreter; arraigns the accused; 
 examines witnesses ; supervises and is responsible for the keeping of 
 a complete and accurate record of the proceedings. 
 
 While the court is in open session it is the duty of the judge 
 advocate to advise the court in all matters of form and of law. On 
 every occasion when the court demands his opinion, he is bound to 
 give it freely and fully ; and, even when it is not requested, to caution 
 the court against any deviation from essential form in its proceed- 
 ings, or against any act or ruling in violation of law or material jus- 
 tice. The accused and his counsel have a right to the opinion of the 
 judge advocate, in or out of court, upon any question of law arising 
 out of the proceedings. The judge advocate shall acquaint himself 
 with the rules of evidence, and apply them in determining the 
 admissibility of evidence. He shall offer only such evidence as is 
 properly admissible. When in doubt, he shall offer the evidence. 
 The judge advocate is particularly to object to the admission of im- 
 proper evidence, and he shall point out to the court the irrelevancy 
 of any evidence that may be adduced which does not bear upon the 
 matter under investigation. Should the advice of the judge advo- 
 cate be disregarded by the court, he shall be allowed to enter his 
 opinion upon the record. Under such circumstances it is also proper 
 for the court to record the reasons for its decision. The minutes of 
 opinion and decision are made for the information of the reviewing 
 authority, who should have the error, on whichever side it may be 
 found, brought fairly under his consideration ; but neither the judge 
 advocate, the accused, nor any member of the court has any right to 
 enter an exception or protest on the record. 
 
 255. To protect interests of accused who does not have counsel. In the 
 event that the accused has no counsel the judge advocate shall pro- 
 tect his interests, having in mind, however, at all times his duties 
 as prosecutor. Under such circumstances he shall not fail to advise 
 the accused against advancing anything which may tend either to 
 criminate him or prejudice his cause; he shall see that no illegal 
 evidence is brought against the accused, and shall assist him in pre- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 191 
 
 senting to the court in proper form the facts upon which his de- 
 fense is based, including such evidence as there may be in extenuation 
 or in mitigation as well as evidence of previous good conduct and 
 character. 
 
 256. He shall not " try case out of court." The judge advocate shall 
 not usurp the functions of the court by weighing evidence outside of 
 court and advising the court to accept a plea of guilty in a less degree 
 than charged ; or by weighing the evidence in the case as shown by the 
 original papers and withholding evidence which should be sub- 
 mitted to the court for its consideration. (See C. M. O. 1, 1914, 0; 
 29, 1914, 6; and 42, 1915, 7-8.) 
 
 257. Procedure of court in case of the absence of the judge advocate. 
 The temporary absence of the judge advocate at any time during the 
 progress of the trial does not invalidate the proceedings ; but, as the 
 court has no authority to detail any person to act as judge advocate, 
 it must, in case of his incapacity, adjourn from day to day until he 
 is able to resume his duty or a successor is appointed by the convening 
 authority. 
 
 258. Judge advocate not to be present during closed court. The court 
 may go into closed session for the consideration of any matter com- 
 ing before it, and always does so during the consideration of the 
 finding and sentence. When the court is to be cleared, the president 
 so announces, and all persons, including the accused, his counsel, and 
 the judge advocate, withdraw. But the judge advocate is called 
 before the closed court to record the findings and again to record the 
 sentence ; also under the circumstances stated in section 363. 
 
 259. To report delays in trials. The judge advocate shall report to 
 the convening authority all cases, with the reasons for the delay, in 
 w T hich the accused is not brought to trial within 10 days after the 
 charges and specifications have been received by the judge advocate. 
 (In this connection see C. M. O. 20, 1915, 8.) 
 
 COUNSEL FOR THE JUDGE ADVOCATE. 
 
 260. Detailed or authorized by convening authority. In order that a 
 counsel for the judge advocate may have standing before a court, it is 
 necessary that he be detailed or authorized by .the convening author- 
 ity. (See C. M. O. 41, 1915, 10-11.) 
 
 261. Privileges of. If counsel be detailed or authorized by the con- 
 vening authority to assist the judge advocate, the court shall give" 
 him equal facilities with the counsel for the accused in the perform- 
 ance of his duties. 
 
 262. Not subject to challenge. See section 252. 
 
192 INSTRUCTIONS F.OR COURTS AND BOARDS. 
 
 ACCUSED. 
 
 263. To be present in open court. Except as noted in the succeeding 
 section the accused should be present during all the proceedings of a 
 court-martial held in open court. If for any reason it is desired 
 to call the judge advocate before the court, while it is closed for 
 deliberation, to advise it, the accused should also be present and the 
 court should be opened. (See C. M. O. 51, 1914, 1-2; 6, 1915, 6; 41, 
 1915, 10; 49, 1915, 14.) 
 
 264. Where the accused escapes. Where the accused in a case on 
 trial effects an escape and disappears he may properly be held to have 
 waived his defense and the court may proceed with the trial (receiv- 
 ing evidence from the prosecution) to a finding and sentence. 
 
 COUNSEL FOB THE ACCUSED. 
 
 265. Accused entitled to counsel. The accused is entitled to counsel 
 as a right, and the court can not properly deny him the assistance of 
 a professional or other adviser. Enlisted men to be tried shall be 
 particularly advised of their rights in the premises, and should be 
 represented by counsel, if practicable, unless they explicitly state that 
 they do not desire such assistance. Permission to address the court 
 should be granted by the court to counsel for the accused, and the 
 latter should be allowed to use all legal means to protect the interests 
 of the accused, but shall not be permitted to interfere in any man- 
 ner with the court's proceedings. 
 
 266. Officer detailed as counsel. When the accused has no legal 
 adviser, the commandant of the navy yard or station, the com- 
 mander in chief, or the senior officer present within whose jurisdic- 
 tion the court sits shall, if the accused so requests, detail a suitable 
 officer to act as his counsel. If there be no such officer available, the 
 fact shall be reported to the convening authority for action. An 
 officer so detailed shall perform such duties as usually devolve upon 
 the counsel for the defense before civil courts in criminal cases. As 
 such counsel, he shall use all legal means to protect the interests of 
 the accused and to present to the court such defense as the accused 
 may have. 
 
 267. In case request of accused for certain person to act as counsel is 
 refused. Sometimes the request of the accused to have a certain per- 
 
 ^ son act as counsel is refused for cause and some one else is appointed. 
 Under such circumstances the record should always show the grounds 
 for refusing the original request of the accused. Wherever prac- 
 ticable, the accused should be allowed such person as he requests for 
 counsel. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 193 
 
 268. Absence of counsel for the accused. If the counsel for the 
 accused be absent, the record should show affirmatively that the 
 accused waived the privilege of having counsel present during fur- 
 ther proceedings. 
 
 CLERK, STENOGRAPHER, AND INTERPRETER. 
 
 269. Must be sworn. With the sanction of the convening authority, 
 a court-martial may avail itself of the services of a clerk, stenog- 
 rapher, or interpreter, but such person or persons shall in all cases 
 be sworn. 
 
 270. Clerical assistance. In all trials by general court-martial, 
 where practicable and necessary, the convening authority shall direct 
 that clerical assistance be furnished. In cases where there is no 
 competent stenographer assigned to the court, it may require that 
 all communications, motions, and questions be reduced to writing 
 and read to the court. 
 
 Wherever practicable, the convening authority shall direct the 
 senior officer present at the place where the court is to meet to detail 
 clerical assistance from either the enlisted or civilian personnel under 
 his jurisdiction. (See p. 869.) 
 
 When necessary, the convening authority may authorize the judge 
 advocate to employ clerical assistance at market rates or less for 
 stenographic reporting. In such cases an agreement is drawn up in 
 duplicate between the judge advocate and the stenographer. One 
 copy of this agreement is retained by the stenographer and the other 
 is forwarded by the judge advocate to the Bureau of Supplies and 
 Accounts, via the Judge Advocate General, together with bills for 
 clerical assistance rendered in accordance therewith. (See pp. 369- 
 370.) 
 
 271. Interpreter. The services of an interpreter, where necessary, 
 are secured in the same manner as is clerical assistance. 
 
 272. Expense to the Government must be authorized. No expense to 
 the Government by the employment of a clerk, stenographer, in- 
 terpreter, or other person to assist in a trial by general court-martial 
 should be allowed by the court, except when authorized by the con- 
 vening authority. 
 
 273. Not present in closed court. The clerk, stenographer, and inter- 
 preter, if needed, should be present when the court is open, but 
 should not be allowed to be present in closed court. 
 
 THE PROVOST MARSHAL, GUARD, AND ORDERLIES. 
 
 274. Provost marshal. An officer of the Navy not above the grade 
 of lieutenant, or an officer of the Marine Corps not above the grade 
 
194 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 of captain, shall, upon proper application by the judge advocate of a 
 general court-martial, be detailed by the commandant of the station 
 or the senior officer present to serve as provost marshal of the court. 
 In case of the trial of a petty officer or a person of inferior rating 
 of the Navy, or a noncommissioned officer, musician, or private of 
 marines, the provost marshal may be either a petty officer of the 
 Navy or a noncommissioned officer of marines. 
 
 275. Duties of. When an accused in close confinement or arrest is 
 to be brought before the court, the order is sent by the president of 
 the court to the accused's immediate commanding officer, through the 
 provost marshal, who is responsible for such person in transit to and 
 from the place of confinement and for his safe return to the proper 
 custody when his presence is not required by the court. The accused 
 should not be brought before the court in irons, unless there is good 
 reason to believe that he will attempt to escape or to conduct himself 
 in a violent manner; but the fact that an accused has been tried in 
 irons can not, in any case, affect the validity of the proceedings. 
 
 Besides the above duties, the provost marshal serves notices to the 
 witnesses and is in attendance generally as police officer of the court. 
 
 276. Guard and orderlies. At the request of the judge advocate, the 
 necessary guard and orderlies are detailed by the commanding officer 
 of the ship or commandant of the yard or station on board of or at 
 which the court is ordered to convene. 
 
 CHALLENGE. 
 
 277. Right of challenge. The accused and the judge advocate have 
 the mutual right of challenge. It is the duty of the judge advocate 
 to ask the accused if he objects to any member of the court appointed 
 to try him, and a minute of this inquiry and the answer thereto is 
 invariably to be entered on the record. As a general rule, whatever 
 objection either party may make to any member shall be decided upon 
 before the court is sworn, but at any stage of the proceedings prior 
 to the findings challenges may be made, either by the judge advocate 
 or the accused, for cause not previously known. It is customary, 
 though not required, that a member objected to should withdraw, 
 after offering such explanations as he may believe necessary, and the 
 court shall then be cleared and proceed to deliberate and decide upon 
 the validity of the objection. The objection, the cause assigned, the 
 statement, if any, of the challenged member, and the decision of the 
 court shall be regularly and specifically entered on the record. 
 
 278. What constitutes a valid challenge. A positive declaration by 
 the challenged member that he is not prejudiced against the accused, 
 nor interested in the case, is ordinarily satisfactory to the accused, 
 and, in the absence of material evidence in support of the objection, 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 195 
 
 will justify the court in overruling it. If, however, the statement 
 is unsatisfactory or the member makes no response, the accused may 
 offer testimony in support of his objection or may subject the chal- 
 lenged member to an examination by interrogatories. Courts should 
 be liberal in passing upon challenges, but they will not entertain an 
 objection that is not specific or upon the mere assertion of the accused, 
 if it is not admitted by the challenged member. A challenge upon 
 the ground, admitted or proven, that a member preferred the charges 
 or is a material witness in support thereof, or that he has investigated 
 the charges and expressed the opinion that they can be established, 
 should be sustained by the court. 
 
 279. Court decides on challenges. In the case of challenge, the deci- 
 sion of the court is final, and the party w T ho challenges can not insist 
 upon his challenge in opposition to the decision of the court. Mem- 
 bers of courts are liable to challenge at the beginning of each distinct 
 trial. 
 
 280. Examination on challenge may be on voir dire. An examination 
 on a challenge may be under oath on voir dire. See section 289. 
 
 281. When member, not challenged, considers himself disqualified. 
 The court of itself can not excuse a member in the absence of a chal- 
 lenge. An unchallenged member, who thinks himself disqualified, 
 can be relieved only by application to the convening authority. 
 
 282. When court is reduced, by challenge, below legal quorum. If, by 
 challenges sustained, a court is reduced below the legal quorum, the 
 convening authority should be notified as soon as practicable and the 
 court adjourned awaiting the appointment of new members by the 
 convening authority. A copy of the communication notifying that 
 authority of the adjournment and the reasons therefor must be ap- 
 pended to the record. 
 
 OATHS. 
 
 283. When court is sworn. Until a court is duly sworn (organized) 
 according to law, it is incompetent to perform any judicial act except 
 to hear and determine challenges against its members. After the 
 right of challenge has been accorded and questions arising thereon 
 have been decided, the oath or affirmation prescribed by law shall be 
 administered in the presence of the accused: (a) By the president 
 of the court to the judge advocate, (6) by the judge advocate to the 
 members of the court, clerk (stenographer), and interpreter, and the 
 record will so show. 
 
 284. To the judge advocate." You, A. B., do swear (or affirm) that 
 you will keep a true record of the evidence given to } and the proceed- 
 ings of, this court ; that you will not divulge or by any means disclose 
 
196 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 the sentence of the court until it shall have been approved by the 
 proper authority; and that you will not at any time divulge or dis- 
 close the vote or opinion of any particular member of the court, 
 unless required so to do before a court of justice in due course of 
 law." (A. G. N., 40.) 
 
 285. To members." You, A. B., C. D., E. F., etc., do each and sev- 
 erally swear (or affirm) that you will truly try without prejudice or 
 partiality, the case now depending, according to the evidence which 
 shall come before the court, the rules for the government of the Navy, 
 and your own consciences ; that you will not by any means divulge or 
 disclose the sentence of the court until k shall have been approved 
 by the proper authority; that you will not at any time divulge or 
 disclose the vote or opinion of any particular member of the court, 
 unless required so to do before a court of justice in due course of law." 
 (A. G. N., 40.) 
 
 286. To the stenographer (clerk). " You, A. B., swear (or affirm) 
 faithfully to perform the duty of stenographer (clerk) in aiding the 
 judge advocate to take and record the proceedings of the court, either 
 in shorthand or ordinary manuscript." 
 
 287. To the interpreter. " You, A. B., swear (or affirm) faithfully 
 and truly to interpret or translate in all cases in which you shall be 
 required so to do between the United States and the accused." 
 
 288. To witnesses. An oath or affirmation in the following form 
 shall be administered to all witnesses before any court-martial by 
 the president thereof : 
 
 " You do solemnly swear (or affirm) that the evidence you shall 
 give in the case now before this court shall be the truth, the whole 
 truth, and nothing but the truth, and that you will state everything 
 within your knowledge in relation to the charges. So help you, God 
 (or, this you do under the pains and penalties of perjury)." (A. 
 G. N., 41.) 
 
 289. Oath on voir dire. "You,. A. B., swear (or affirm) that you 
 will true answers make to questions touching your (the) competency 
 
 (of ) as a witness (member of the court) in this case. 
 
 So help you God (or, this you' do under the pains and penalties of 
 perjury)." (See sees. 137 and 280.) 
 
 290. Manner of giving oath. The usual manner of giving an oath 
 is- to require the party taking same to keep one hand upon a Bible 
 while doing so. But it is not to be forgotten that the purpose of 
 administering an oath is to impress the party being sworn with the 
 solemnity of the ceremony, and, therefore, such ceremony may be 
 undergone in giving the oath to a witness as may be recognized by 
 whatever religious sect of which he happens to be a member. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 197 
 
 POSTPONEMENT. 
 
 291. Suspension of proceedings. Either the judge advocate or the 
 accused may request a postponement of the trial, stating his reasons 
 for the request. But an application to suspend the proceedings of a 
 court for a longer period than from day to day, Sundays excepted, 
 must be referred to the officer convening the court, who alone has 
 authority to grant such request. (See A. G. N. 45.) 
 
 ARRAIGNMENT. ' 
 
 292. Arraignment. After the court has been organized, and both 
 parties are ready to proceed, the judge advocate will read the charges 
 and specifications separately, and in order, to the accused and ast him 
 how he pleads to each, "guilty" or "not guilty." The order pur- 
 sued in case of several charges or specifications will be to arraign on 
 the first, second, etc., specifications to the first charge, then on the 
 first charge, and so on with the rest. 
 
 293. On trials in joinder. When two or more persons are tried in 
 joinder, they should be separately arraigned ; the questions constitut- 
 ing each arraignment and the answers thereto should be separately 
 recorded; and throughout the trial the accused persons should sev- 
 erally be given the same opportunity to answer, plead, make objec- 
 tions, examine, be examined, submit a written defense or statement, 
 etc., and the fact should in every instance be entered upon the record 
 with the same particularity as in the ordinary case of the trial of one 
 person only. 
 
 PRELIMINARY MOTIONS. 
 
 294. When made. The accused, either himself or through counsel, 
 may, before pleading to the issue, make a preliminary motion or plea. 
 
 295. Form of. Such motion should ordinarily be in the form of a 
 motion " to strike out," but the substance and not the form of the 
 motion is what is to be considered. It may be upon various grounds, 
 the purpose being to substitute the same in naval procedure for the 
 technical pleadings known to civil procedure. Thus, it may be on the 
 ground of 
 
 296. A lack of jurisdiction. An objection on the ground of lack of 
 jurisdiction involves a question as to the legal authority of the court, 
 such as: 
 
 (a) That it was convened by an officer having no legal authority 
 to convene it. (See art. 38, A. G. N., and statutory enactments 
 quoted thereunder.) 
 
 (b) That it is not legally cpnstituted. (See sees. 219; 224.) 
 
198 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 (c) That the accused is not subject to the court's jurisdiction. 
 (See sec. 25.) 
 
 (d) That the offense is not one cognizable by naval court-martial. 
 (See sec. 26; see also CM. O. 31, 1915, 6-10; 9, 1916, 5-6; 17, 
 1916, 5-8.) 
 
 Even though the accused fails to make objection to the jurisdiction 
 of a court, and it be found upon reviewing a case that the court did 
 for any reason lack jurisdiction, the defect is fatal and the findings 
 and sentence of the cour.t must be set aside. (See C. M. O. IT, 1916, 
 5_8.) Waiver of objection will never avail to confer jurisdiction 
 upon a court not legally possessing it. (See sec. 28; C. M. O. 31, 
 1915, 6-10; and on subject of jurisdiction generally Ch. IV.) 
 
 297. The expiration of the statutory period of limitation. The statute 
 of limitations, as affecting persons subject to trial by naval courts- 
 martial, is contained in articles 61 and 62, A. G. N. (See p. 44.) 
 
 Article 61, A. G. N., which fixes the limitation for proceedings in 
 the cases of general offenses, excepts from its terms an offender who 
 has not been amenable to justice during the statutory period "by 
 reason of having absented himself, or for some other manifest impedi- 
 ment." Article 62, A. G. N., which fixes the limitation for desertion 
 in time of peace, excepts an offender who "shall meanwhile have 
 absented himself from the United States, or by reason of some other 
 manifest impediment " shall not have been so amenable. For a con- 
 struction of the language of the above exceptions see C. M. O. 27, 
 1913, 16-18. 
 
 The above articles do not operate to extinguish the offenses in cases 
 where they apply, but merely give the accused in such cases a defense 
 against trial therefor. It consequently follows that the burden falls 
 upon the accused in every case in which he desires to avail himself 
 of these articles, in addition to establishing that he comes within 
 .the provisions of same, to affirmatively establish that he is not 
 within the above exceptions. Inasmuch as these statutes of limita- 
 tions are matters of defense only, they may be waived by the accused. 
 
 A plea of guilty operates as such a waiver. But -it is not impera- 
 tive that the accused, in order to avail himself of this defense, do so 
 by means of a preliminary motion to strike out ; the limitation may 
 equally be taken advantage of, under a plea of not guilty, by estab- 
 lishing this defense by evidence during the trial. 
 
 The fact that an accused offers as a defense the statute of limita- 
 tions in no way challenges the jurisdiction of a court-martial to hear 
 and determine the matter, but goes to the merits of the case, and is 
 a matter to be determined by the court in the exercise of its juris- 
 diction. The court-martial has final determination of the question 
 and its decision thereon is not reviewable in habeas corpus pro- 
 ceedings in the civil courts. (Ex parte Townsend, 133 Fed. Rep., 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 199 
 
 74.) On the whole subject of statute of limitations see C. M. O. 27, 
 1913, 13-18. 
 
 298. Former jeopardy. The fifth amendment to the Constitution of 
 the United States provides that no person shall " be subject for the 
 same offense to be twice put in jeopardy of life or limb." This pro- 
 vision is the authority for the principle of law that no person shall 
 be tried a second time for the same offense. In order, however, that 
 a person on trial before a court martial may be given the benefit of 
 this principle, it is necessary that he should have been actually 
 acquitted or convicted on a former trial. That is, the former trial, 
 on which an accused claims to have been placed in jeopardy, must 
 have proceeded to a final acquittal or conviction hi order to consti- 
 tute former jeopardy. (C. M. O. 7, 1914, 5; 22, 1916, 6.) But, 
 after the proceedings in a former trial have been carried to an acquit- 
 tal or conviction, the jeopardy is complete and it matters not whether 
 any action, or, if any, what action has been taken upon the pro- 
 ceedings by the reviewing authority. 
 
 Proceedings upon a " fatally defective " specification do not con- 
 stitute former jeopardy. (C. M. 6. 22, 1916, 6-8.) 
 
 Likewise, before there can be former jeopardy the court before 
 which the former proceedings have been conducted must have been a 
 duly constituted and legally competent court. (See C. M. O. 7, 1914, 
 8-9; and 31, 1914, 1-2; holding that the commanding officer of a 
 naval vessel in imposing punishments is not a court.) 
 
 Also, the term " same offense " does not mean the same act. The 
 same act may be an offense against more than one Government, as, 
 for example, when one enlisted man assaults another within the ter- 
 ritory of one of the States, it is an offense both against that State 
 and against the United States. Moreover, the same act may be an 
 offense against civil law and at the same time a separate and distinct 
 offense against naval law. (Moore v. Illinois, 14 How., 20 ; Coleman 
 v. Tennessee, 97 U. S., 509.) In this connection see section 27. 
 
 When a person has been once acquitted or convicted by a court of 
 a certain offense, he is not subject to trial subsequently for a minor 
 offense included therein. Likewise, when once tried for a minor 
 offense an accused can not later be tried for a major offense of which 
 it is a part, because to so do would be to twice place him in jeopardy 
 for the minor offense. Thus, desertion includes absence without 
 leave, and one having been acquitted or convicted of the former is 
 not subject to later trial for the latter for the same act, and vice versa. 
 
 In order that an accused may avail himself of the defense of former 
 jeopardy, he must take advantage of the same and move to strike 
 out on this ground. If he waives it, the court will proceed with the 
 case. When he wishes to avail himself of it, the production of the 
 record of the former trial is the proper way to sustain such objection. 
 
200 INSTRUCTIONS FOR COURTS AND BOARDS'. 
 
 299. A pardon, A pardon, granted by one having legal authority 
 to do so, exempts the individual on whom it is bestowed from the 
 punishment which the law inflicts for a crime that he has committed, 
 and may be offered in evidence to sustain a motion to strike out. 
 
 300. Procedure after a preliminary motion. A preliminary motion to 
 strike out, the grounds therefor, and evidence introduced both in 
 support and against the motion should be fully entered in the record. 
 If the motion be sustained, an extract of the proceedings of the 
 court shall be forwarded to the convening authority and the court 
 will meet from day to day awaiting further instructions from the 
 convening authority, who may either accept the court's ruling and 
 direct that the prosecution on the matter involved be discontinued 
 or may return the record to the court for a reconsideration in the 
 premises, with a statement of reasons therefor. 
 
 PLEAS TO THE ISSUE. 
 
 301. Pleas to the issue. After preliminary motions, if any, have 
 been disposed of, and if the trial is to proceed, the accused next 
 pleads to the issue. Ordinarily the accused should enter a plea of 
 " guilty " or " not guilty " to the specifications under each charge and 
 then to the charge itself. This is known as a plea to the general issue. 
 By a plea of " guilty " the accused admits, without proof, the aver- 
 ments of the charges and specifications. A plea of " not guilty," on 
 the other hand, calls upon the prosecution to prove the averments of 
 the charges and specifications. It does not, however, commit the 
 accused to a denial of the facts alleged therein. An accused may well 
 know that all the material averments against him are true, and yet 
 may properly and without color of deception enter a plea of " not 
 guilty." 
 
 302. " Guilty in a less degree than charged. "--This plea is not looked 
 upon with favor. Save in exceptional cases, a court-martial should 
 try the accused for the offense as charged, and the judge advocate 
 should produce all the available evidence. The acceptance of this 
 plea by the court upon the advice of the judge advocate ordinarily 
 indicates that the case has been tried out of court by the judge advo- 
 cate, who has thereby been allowed to usurp the court's functions. 
 (See C. M. O. 29, 1914, 6-7.) 
 
 303. Plea of nolo contendere. In proceedings before a court-martial 
 there is no difference in legal effect between a plea of nolo contendere 
 and a plea of " guilty." The distinction lies in that such a plea can 
 not be used against the accused as an admission of guilt in a civil 
 suit for the same act. The necessity for the use of this plea before 
 a court-martial should be rare. (In this connection see C. M. O. 26, 
 1910 5-7 ) 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 201 
 
 304. " Guilty but without criminality." A plea to this effect is con- 
 tradictory on its face, as guilt can not be disassociated from crim- 
 inality, and is therefore irregular and should not be accepted. 
 
 305. Accused stands mute. If the accused for any reason stands 
 mute, the court shall direct the trial to proceed as if he had pleaded 
 " not guilty." 
 
 306. Procedure on plea of guilty. Should the accused plead either 
 " guilty " or " guilty in a less degree than charged," and should such 
 plea be accepted, the president shall warn him that he thereby pre- 
 cludes himself from the benefits of a regular defense as to the matter 
 thus admitted and ask if he persists in such plea. 
 
 307. Evidence in extenuation. After the warning referred to above, 
 should the accused persist in the plea of guilty, the court, before pro- 
 ceeding to deliberate and determine upon the sentence, shall allow 
 him to urge anything he may desire to offer in extenuation of his 
 conduct, to call witnesses as to character, or to offer any other evi- 
 dence of a strictly mitigating nature; and the judge advocate shall 
 have the right to cross-examine such witnesses and should introduce 
 such evidence as he may have in rebuttal thereto. (See C. M. O. 39, 
 1915; see also sec. 214.) 
 
 308. Evidence after plea of guilty. As by the plea of guilty every- 
 thing alleged is admitted, no evidence shall, when such plea is 
 offered, be given by the prosecution except as noted in the preced- 
 ing section or where, in the judgment of the court, such a course be 
 necessary in order to show all the circumstances of the offense, in 
 which case the warning referred to in section 306 should be omitted. 
 
 309. Change of plea. The accused may, at the discretion of the 
 court, be allowed at any time before the trial is finished to substitute 
 for a plea of guilty, or guilty iji a less degree than charged, a plea of 
 not guilty, or vice versa. 
 
 310. Eejection of plea. If, after a plea of guilty in less degree, the 
 court decides to proceed with the trial of the accused for the greater 
 offense with which he is charged, such plea in less degree will be 
 rejected and the accused advised by the judge advocate to substitute 
 a plea of not guilty: Should the accused decline to plead thus, as 
 advised, the court should direct the trial to proceed as if the plea of 
 not guilty had been entered, and the prosecution shall be put to the 
 proof of every allegation contained in the specification. The same 
 procedure shall be followed if, after a plea of guilty, the accused sets 
 up matter inconsistent with such plea. But should the accused de- 
 sire to admit in open court any of the facts alleged in the specifica- 
 tions against him he may do so after having made a general plea of 
 not guilty, and it will not be necessary for the prosecution to prove 
 the admitted facts. (See sec. 111.) 
 
202 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 WITNESSES. 
 
 (See sections 122-177.) 
 
 STATEMENT OF ACCUSED ARGUMENTS or ACCUSED AND 
 
 JUDGE ADVOCATE. 
 
 311. Accused may make statement. An accused may, in any case 
 where he so desires, make a statement not under oath. Such state- 
 ment of the accused is a personal defense or declaration and can not 
 legally be acted upon as evidence by the court, nor can it be a vehicle 
 of evidence, or properly embrace documents or other writings or even 
 averments of material facts, which, if duly introduced, would be 
 evidence ; and if through inadvertence or other cause such be improp- 
 erly embraced in a statement, they are entitled to no evidential 
 weight. 
 
 A statement may operate in three ways: (1) To modify the plea 
 of the accused when inconsistent therewith (see sec. 312) ; (2) as a 
 summary and argument for the defense, which may be considered by 
 the court; and (3) as a plea for leniency, which may not be con- 
 sidered by the court except in recommending the accused to the 
 clemency of the reviewing authority. 
 
 It is irregular and improper to have a statement sworn to. In 
 order to bring out any facts or averments as sworn testimony in his 
 defense, it is necessary that the accused himself, or a witness in his 
 behalf, regularly take the stand and subject himself to cross-examina- 
 tion. 
 
 312. When statement is inconsistent with the plea of the accused. It 
 sometimes happens that an accused, unfamiliar with the effect of his 
 plea, will plead guilty, and, without the 'introduction of evidence, will 
 submit to the court a statement inconsistent with his plea; as, for 
 example, when an accused, charged with desertion, pleads guilty and 
 then submits a statement wherein he denies that he had at any time 
 an intention permanently to abandon the service. Upon the sub- 
 mission of such a statement, the procedure outlined in section 310 will 
 be followed. 
 
 313. Arguments. In every case both the accused (counsel) and the 
 judge advocate shall be afforded an opportunity to present an argu- 
 ment before submitting their respective cases to the court. The judge 
 advocate is always entitled to the closing argument. (See, in this 
 connection, C. M. O. 51, 1914, 3.) 
 
 314. Character of arguments. A reasonable latitude should be 
 allowed the judge advocate and accused (counsel) in their closing 
 arguments. The testimony and any animus on the part of witnesses, 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 203 
 
 the conduct, motives, and evidence of malice on the part of those, 
 upon whose complaint the accused is being prosecuted, may, in so far 
 as it is based upon matters disclosed by the proceedings, be com- 
 mented upon. But the court should not permit such argument to be 
 made the vehicle of abuse not bearing upon the merits of the case and 
 not supported by matters contained in the record. 
 
 315. When statement and arguments may be oral. When the court 
 has the services of a competent stenographer the statement and argu- 
 ments may be oral. When so made they are entered in the record as 
 a part of the proceedings. 
 
 316. When statement and arguments must be written. Unless the 
 clerk be a competent stenographer or there be a stenographer detailed 
 to the court, the statement and arguments must be written before de- 
 livery. In such cases the statement or arguments so made shall be 
 appended to the record. 
 
 317. Oral arguments upon the admissibility of evidence and upon inter- 
 locutory proceedings. Oral arguments upon the admissibility of evi- 
 dence and upon interlocutory proceedings may be allowed, but shall 
 not be recorded; briefs of such arguments, if prepared at his own 
 expense and subsequently submitted to the court by the party who 
 made the same, shall be appended to the record. 
 
 FINDINGS. 
 
 318. Method of arriving at findings. The court is closed to deliberate 
 upon its findings. In arriving at same the plea of the accused, the 
 evidence adduced, and the arguments made, are to be carefully con- 
 sidered. After the court has sufficiently deliberated, the president of 
 the court shall, upon each specification of each charge, beginning with 
 the first, put the question whether the specification is " proved," " not 
 proved," or " proved in part." Each member shall write " proved," 
 " not proved," or " proved in part " and if so, what part over his 
 signature, and shall hand his vote to the president of the court. The 
 latter, after he has received all the votes upon each specification, 
 shall read them aloud without disclosing how each member voted. 
 Likewise, after the members have voted upon all the specifications of 
 any charge, they shall in the same manner vote as to whether the 
 accused is of such charge " guilty," " not guilty," or " guilty in a less 
 degree than charged " and if so, in what degree. No written minute 
 of the votes shall be preserved, unless so ordered by the unanimous 
 vote of the court. The decision of a majority becomes the finding of 
 the court. When there is a tie vote upon any of the findings, the 
 accused is given the benefit thereof and the result is recorded in that 
 way which is the more favorable to the accused, 
 
 26450 17 14 
 
204 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 319. When accused pleads guilty. When the accused pleads guilty, 
 the proper finding is, for the specification, " proved by plea," and for 
 the charge, simply " guilty." 
 
 320. When specification is found " proved in part." The court may 
 find a specification " proved in part," and then, if the specification 
 still supports the charge, find the accused guilty of the charge. (See, 
 in this connection, C. M. O. 38, 1916, 2.) 
 
 321. " Guilty in a less degree than charged." If the evidence proves 
 the commission of an offense less in degree than that specified, yet 
 included in it, the court may except the words of the specification, 
 substitute others instead, pronouncing what words are not proved 
 and what words are proved, and then find the accused guilty in a less 
 degree than charged, guilty of the lesser included offense. Of this 
 form of finding the most familiar example is the finding of guilty of 
 " absence from station and duty without leave (or, after his leave 
 had expired)" upon a charge of " desertion." In such a case, in its 
 finding of " proved in part " upon the specification, the court should 
 expressly except the words " desert " and " in desertion," and sub- 
 stitute therefor, respectively, the words " absent himself without 
 leave " and " so absent," if such be the lesser included offense found 
 proved. In such event the finding upon the charge should be " guilty 
 in a less degree than charged, guilty of absence from station and 
 duty without leave." 
 
 322. When finding is "Not guilty." In case the finding is "Not 
 guilty " upon any charge, the explicit statement should immediately 
 follow that the court acquits the accused of such charge. 
 
 323. Forms of acquittal. The following forms of acquittal, and no 
 others, are permitted in naval procedure : 
 
 " The court does, therefore, acquit" This form, known as a simple 
 acquittal, should be used in all cases except in the few special cases to 
 be hereinafter mentioned under other forms of acquittal. The use 
 of this form sufficiently records the fact that the court has not sus- 
 tained the charge and has the same legal effect as an acquittal ex- 
 pressed with some embellishment. 
 
 " The court does, therefore, fully acquit" The use of this form of 
 acquittal indicates that a court not only fails to find a charge proved 
 beyond a reasonable doubt, but that it finds no facts whatever, as 
 brought out by the evidence introduced in the case, which reflect ad- 
 versely on the conduct of the accused in connection with matters per- 
 taining to the charge and specification. In other words, a court 
 should not " fully acquit " in cases where the record shows any un- 
 controverted facts whatever reflecting upon the accused. 
 
 " The court does, therefore, honorably acquit" This form is to be 
 employed only in cases where the offense charged is, besides being an 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 205 
 
 offense against military authority, of such a character that a convic- 
 tion thereof would tend to dishonor the accused, such as, for example, 
 a charge of "conduct unbecoming an officer and a gentleman." This 
 acquittal, as in the case of a full acquittal, should never be used if the 
 record shows any adverse reflection whatever upon the accused. 
 
 " The court does ^therefore, most fully and honorably acquit." 
 This form should be used only in extreme cases in which not only 
 have the requirements of a " full " and " honorable " acquittal been 
 fulfilled, but in which the court wishes to place the highest stamp of 
 approval upon the actions of the accused in connection with matters 
 covered by the specifications. The use of this form of acquittal 
 might, for example, be justified in the case of an officer charged with 
 unbecoming conduct in battle if the court wished to make it a matter 
 of record that, far from considering the conduct of such officer cen- 
 surable, it both approved and commended his conduct. For examples 
 of an improper use of this form of acquittal see C. M. O. 5, 1913, 2-3 ; 
 27, 1913, 9; and 41, 1915, 11. 
 
 It will be noted that there is no legal distinction between a simple 
 acquittal and one to which one of the additional expressions above 
 quoted has been added, and it is to be emphasized that only in excep- 
 tional cases is the use of any form of acquittal, other than the simple 
 " acquit," justified. Unless this rule be strictly adhered to and other 
 forms of acquittal reserved for special cases, the distinction draAvn 
 above will soon be lost, and not only would a simple acquittal be 
 robbed of its full absolving significance, but also the proper purposes 
 for which the other forms of acquittal are reserved would be de- 
 feated. 
 
 324. Finding and sentence of persons tried in joinder. When two or 
 more persons are tried in joinder, the finding and sentence (or acquit- 
 tal) in the case of each person arraigned and tried should be sepa- 
 rately recorded. 
 
 325. Findings to be recorded in handwriting of judge advocate. After 
 the court has arrived at its findings the judge advocate is recalled and 
 directed to record the same. They must be entered on the record in 
 the handwriting of the judge advocate and must be free from inter- 
 lineations and erasures. This direction applies to the entire findings. 
 This includes everything which properly forms a part of the find- 
 ings, commencing with the words, "the (first) specification of the 
 (first) charge." 
 
 RECORD OF PREVIOUS CONVICTIONS. 
 
 326. When introduced. The judge advocate shall, immediately after 
 recording the finding, except where such finding has resulted in an 
 acquittal, state whether or not he has any record of previous convic- 
 
206 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 tions. If not, an entry to this effect shall be made in the record, but 
 the court need not be reopened. If there be such record, the court 
 shall be opened and the same shall be submitted to the accused for 
 opportunity to object to its admission. If there be no valid objection, 
 the same shall be read by the judge advocate in the presence of all 
 parties to the trial. 
 
 327. Record of such convictions only as have been approved by proper 
 authority admissible. The record of a previous conviction, to be ad- 
 missible, must show that such conviction was approved by the author- 
 ity whose action was requisite to give effect to the sentence. If the 
 conviction was approved by such authority, it is admissible even 
 though the sentence of the court may have been remitted either in 
 whole or in part. (C. M. O. 29, 1914, 5.) 
 
 328. Must relate to current enlistment exceptions. The general rule 
 is that the record of previous convictions, in order to be admissible, 
 must relate to the current enlistment of the accused, if an enlisted 
 man. But, in the cases of men serving under extended enlistments, 
 convictions occurring prior to the expiration of the four-year term of 
 enlistment, or prior to the current extension of such enlistment, shall 
 not be considered as having occurred during their current enlistment. 
 On the other hand, when the last enlistment was terminated by sen- 
 tence of court-martial or by discharge as undesirable by order of 
 the department, all convictions occurring in the prior enlistment 
 thereby terminated are admissible. (See C. M. O. 29, 1914, 4-5.) 
 
 329. Previous convictions while serving in Army. Record of pre- 
 vious convictions by courts-martial while serving an enlistment in 
 the Army is not admissible as record of previous convictions before 
 naval courts-martial. But, in the cases of enlisted men of the Marine 
 Corps who have been detached for service with the Army by order 
 of the President, it has been held that convictions by Army courts 
 under Army Regulations shall be regarded as previous convictions, 
 subject to the regulations governing record of previous convictions. 
 
 330. What extract of record read shall show. The extract from the 
 current service record of the accused showing record of previous 
 convictions, which should in the absence of objection be read by the 
 judge advocate, should include the offense committed, the fact and 
 nature of the trial, conviction, sentence, and approval by the proper 
 authorities, together with the dates of the offense, trial, and ap- 
 proval. 
 
 331. Court-martial orders. A printed court-martial order is prima 
 facie evidence of its contents, and may, in the absence of objection, 
 be introduced in officers' cases as a record of previous conviction. 
 
 332. How record of previous convictions is introduced when objected 
 to. Record of previous convictions, if objected to by the accused, 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 207 
 
 should be introduced in the same manner as evidence and is sub- 
 ject to the rules of evidence; it is generally documentary in form, 
 and, as a rule, is forwarded by the convening authority to the judge 
 advocate, together with the other papers in the case. The court will 
 rule whether or not the record shall be admitted 
 
 333. Record of previous convictions admissible in revision. In cases in 
 which the accused has first been found not guilty by the court, but 
 in revision the court revokes this finding and substitutes therefor a 
 finding of guilty, the record of previous convictions should be intro- 
 duced during the proceedings in revision; such record of previous 
 convictions not being evidence or testimony in the legal sense, which 
 refers to matter tending to establish the guilt or innocence of the 
 accused upon the charge rather than to matter introduced, after the 
 trial has been finished, for the sole purpose of being considered by 
 the court in arriving at its sentence. In such cases the accused must 
 of course be present when the evidence of previous convictions is 
 introduced. (C. M. O. 29, 1914, 5.) 
 
 334. Copy appended to record. A copy of the record of previous con- 
 victions read to the court shall be appended to the record. 
 
 SENTENCE. 
 
 335. Punishment to be adjudged. It is made by law the duty of 
 courts-martial, in all cases of conviction, to adjudge a punishment 
 adequate to the nature and degree of the offense committed. (A. G. 
 N. 51.) In so doing due regard must be had for the requirements 
 of the Articles for the Government of the Navy and the limitations 
 prescribed by the President for punishments in time of peace. (See 
 sec. 390.) Sentences must be neither cruel nor unusual, and must be 
 in accord with the common law r of the land and the customs of war. 
 In cases where a statute has designated a penalty for a particular 
 offense, none other than that particular penalty may be imposed, and 
 the court must pronounce the sentence which the law requires when- 
 ever the fact is proved. (See, for example, K. S. 3652, quoted in U. S. 
 Navy Regulations, 1913, R-4316.) 
 
 336. Method of arriving at sentence. When the court has been closed 
 for the purpose of determining the sentence, each member shall write 
 down and subscribe the measure of punishment which, subject to the 
 provisions in the preceding section, he may think the accused ought 
 to receive, and hand his vote to the president, who shall, after re- 
 ceiving all the votes, read them aloud. Except in the case of a death 
 sentence, which requires the concurrence of two-thirds of the mem- 
 bers present, all sentences may be determined by a majority of votes. 
 (See A. G. N. 50.) If the requisite number do not agree upon the 
 nature and degree of the punishment to be inflicted, the president 
 
208 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 proceeds in the following manner to obtain a decision : He shall begin 
 with the mildest punishment that has been proposed, and after read- 
 ing it aloud shall ask the members successively, beginning with the 
 junior in rank, " Shall this be the sentence of the court ? " And every 
 member shall vote, and the president shall note the votes. Should 
 there be no decision, the president shall, in the same manner as before, 
 obtain a vote on the next mildest punishment, and shall so continue 
 until a sentence is decided upon. A tie vote on any sentence should 
 be reconsidered, with a view to obtaining a majority either for or 
 against, before passing on to the next sentence. 
 
 337. Death sentence when adjudged. The death sentence may be 
 adjudged only in cases where such punishment is expressly provided 
 in the Articles for the Government of the Navy. (A. G. N. 50.) 
 Such sentence may be carried into execution only upon the confirma- 
 tion of the President. (A. G. N. 53.) 
 
 338. Dismissal. A sentence of dismissal may be adjudged in the 
 case of an officer, but in time of peace such sentence may be adjudged 
 only in such cases as the limitations of punishment prescribed by the 
 President permit. A sentence to dismissal can be carried into execu- 
 tion only upon the confirmation of the President. (A. G. N., 53.) 
 
 339. Dismissal to precede imprisonment of an officer. In all cases 
 where an officer is sentenced to imprisonment the sentence shall pro- 
 vide for his dismissal prior thereto. 
 
 340. Loss of pay. Sentences which include forfeiture of pay shall, 
 in the cases of officers, state the rate of pay to be lost and the time 
 of such forfeiture. 
 
 341. Restriction. A court may sentence an officer or enlisted man 
 to be restricted to the limits of a ship, post, or station for a specified 
 period. This form, of sentence is usually accompanied by a forfeiture 
 of pay. 
 
 342. Loss of numbers, An officer may be sentenced to a loss of num- 
 bers. When an officer's position on the Navy Register will not permit 
 of his losing the adjudged numbers in grade, the court shall place 
 him at the foot of the list, with the proviso that he is to remain in 
 that position until he has lost the required numbers. 
 
 343. loss of seniority, In the cases of warrant officers, where pro- 
 motion is based upon length of service in grade, loss of seniority for 
 a specified period of time should be adjudged in lieu of a loss of 
 numbers. 
 
 344. Public reprimand not favored. The sentence of public repri- 
 mand, while legal, is not regarded with favor by the department in 
 cases where the limitations prescribed by the President permit of 
 other punishment. 
 
 345. Sentence of suspension not favored. The undesirability of ad- 
 judging a sentence of suspension, with full or with reduced pay, has 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 209 
 
 frequently been commented upon by the department. This sentence 
 is objectionable because it is detrimental to the interests of both the 
 officer and the Government. This form of punishment may, however, 
 legally be imposed for any offense committed by an officer where the 
 penalty is discretionary with the court, and the term of suspension 
 may be for any stated period. Also, the President may mitigate a 
 sentence of dismissal to suspension for a limited time. (5 Op. Atty. 
 Gen., 43.) There are properly two kinds of suspension suspension 
 from rank and suspension from duty, and sentences including sus- 
 pension must state whether from rank or from duty only. The 
 former operates to deprive an officer, during the period specified, of 
 the right to promotion and of all the other rights and privileges 
 incident to his rank ; the latter merely deprives him of authority to 
 give orders to or exact obedience from his inferiors. 
 
 346. Reduction in rating should be included in sentences of petty 
 officers involving confinement, In all cases in which the sentence im- 
 posed on a petty officer involves confinement, it should include re- 
 duction to one of the ratings below petty officer in the branch to 
 which he belongs, and in the case of a noncommissioned officer of the 
 Marine Corps to private. (But see sec. 347.) Reduction to seaman 
 gunner is applicable only in cases of men holding a certificate as such. 
 (C.M. 0.30,1912,6.) 
 
 347. Summary court punishments may be adjudged. General courts- 
 martial are empowered by statute to adjudge any of the punish- 
 ments authorized for summary courts martial. (A. G. N. 35.) As it 
 is the practice of the department to cause all summary court-martial 
 sentences adjudged by general court-martial to be carried into execu- 
 tion at the place where the prisoner may be serving, and in the 
 same manner as if the sentence had been adjudged by summary 
 court-martial, the desirability of reduction in rating does not apply 
 as in the case of other prisoners, and may be omitted in the discretion 
 of the court. (See sec. 346.) 
 
 348. Form of sentence including confinement at hard labor. Sentences 
 of general courts-martial in the cases of enlisted men of the Navy and 
 Marine Corps, which include confinement at hard labor, will ordi- 
 narily be in the following form : 
 
 The court, therefore, sentences him, , , United States 
 
 , (to be reduced to the rating (rank) of ), to be confined for a 
 
 period of (then to be dishonorably discharged from the United States 
 
 naval service, or to be discharged from the United States naval service with a 
 bad conduct discharge), and to suffer all the other accessories of said sentence, 
 as prescribed by section 349, Naval Courts and Boards. 
 
 349. Meaning of " Other accessories of said sentence." The words 
 " other accessories of said sentence," when used in the sentence of a 
 general court-martial, shall be understood to include the following: 
 
210 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 The person so sentenced shall perform hard labor while confined 
 pursuant to such sentence, and after his accrued pay (and allowances 
 in the case of an enlisted man of the Marine Corps) shall have dis- 
 charged his indebtedness to the United States at the date of ap- 
 proval of such sentence, shall forfeit all pay (and in the case of an 
 enlisted man of the Marine Corps sentenced to dishonorable (bad 
 conduct) discharge, all allowances) that may become due him during 
 a period equivalent to the term of such confinement (or, if sentenced 
 to dishonorable (bad conduct) discharge, during his current enlist- 
 ment), except the sum of $3 per month during such confinement for 
 necessary prison expenses, and if dishonorably discharged (dis- 
 charged with bad conduct discharge) pursuant to such sentence, a 
 further sum of $20 to be paid him when discharged. 
 
 (In cases of fraudulent enlistment, when a man has been enlisted in both 
 branches of the service, and has not been discharged from either, the sentence 
 shall read as in section 348. Under such a sentence the Department will cause 
 the man to serve sentence under his proper enlistment, and, should this enlist- 
 ment be in the Navy, the loss of allowances will be remitted. ) 
 
 350. Discharge alone may be adjudged. A general court-martial 
 may sentence an enlisted man to a dishonorable (bad conduct) dis- 
 charge alone, without adjudging a period of confinement and "other 
 accessories." 
 
 351. Terms of imprisonment to be defined. A sentence of imprison- 
 ment must express distinctly for what period the same shall continue. 
 
 352. When sentence involves confinement. The term of confinement 
 shall take effect from the date of approval of the sentence. Should 
 an unusual time elapse between the date of confinement of the accused 
 for trial and the date of approval of the sentence, this period may 
 be considered by the convening authority as a ground for mitigation 
 in acting upon the case. Should the sentence be to solitary confine- 
 ment, or to confinement on reduced rations, the time of such condi- 
 tional confinement must be fulfilled unless such provision of the sen- 
 tence be remitted or mitigated by the convening or higher authority. 
 
 353. Confinement on bread and water. Courts-martial shall exercise 
 care and discretion in resorting to the punishment of confinement on 
 bread and water, and shall not adjudge it in any case for a longer 
 period, consecutively, than five days. As a shorter interval on bread 
 and water is less liable to work injury to health, the maximum inter- 
 val allowed should be adjudged only in extreme cases. (See sec. 364.) 
 
 354. Judge advocate to be recalled to record the sentence. When a 
 sentence has been determined upon, the judge advocate shall be called 
 before the court, and, under its direction, shall draw up the sentence, 
 specifying the exact nature and degree of the punishment adjudged, 
 and, after approval by the court, shall enter the same on the record. 
 But it must not appear on the record what number of members voted 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 211 
 
 for the sentence, except that, in the case of a death sentence, the 
 record must explicitly state that such sentence was adjudged with 
 the concurrence of two-thirds of the members present. 
 
 355. Manner of recording sentence. The sentence must be recorded 
 in the judge advocate's own handwriting, and must be free from era- 
 sures and interlineations. Numbers in the sentence shall be expressed 
 both by words and by figures. 
 
 356. Authentication of sentence. After the sentence has been re- 
 corded, the law requires that the proceedings in each separate case 
 tried by the same court be signed by all the members present 
 when judgment is pronounced, and also by the judge advocate. 
 (A. G. N. 52.) In case of a member dying before signing, the signa- 
 tures of the remaining members will be sufficient. (C. M. O. 12, 
 1915, 8.) 
 
 RECOMMENDATION TO CLEMENCY. 
 
 . 
 
 357. Recommendation to clemency. The power to pardon, remit, or 
 mitigate is expressly vested in the President of the United States or 
 the convening authority. But, if mitigating circumstances have ap- 
 peared during a trial, which could not be taken into consideration in 
 determining the degree of guilt found, the members of the court, in- 
 dividually and not as a body, may avail themselves of such circum- 
 stances as grounds for recommending the accused to clemency. In 
 so doing the members signing the recommendation should set forth 
 explicity their reasons for making such recommendation. This 
 recommendation is recorded immediately after the signatures of the 
 members of the court and the judge advocate to the sentence, and is 
 signed by the members concurring in it. 
 
 RECORD OF PROCEEDINGS. 
 (See Chapter VII.) 
 
 358. In general. Every court-martial will keep an accurate record 
 of its proceedings. The record of proceedings in each case tried shall 
 set forth the names of the members of the court who were present 
 during the trial ; that the accused was furnished a copy of the charges 
 and specifications against him; that the precept was read aloud in 
 the presence of the accused ; that he was afforded an opportunity to 
 challenge members; and that the members, judge advocate, clerk 
 (stenographer), and witnesses were duly sworn. It shall further 
 show the arraignment, preliminary motions, pleas, objections and 
 grounds therefor, all testimony taken and documentary evidence 
 received, decisions and orders of the court, adjournments, statement 
 and closing arguments, findings, and sentence or acquittal; in short, 
 
212 INSTRUCTIONS FOB COURTS AND BOARD 
 
 the entire proceedings of the court which are necessary to a complete 
 understanding by the reviewing authority of the whole case and 
 every incident material thereto. In this connection see section 317. 
 
 Each case is thus made complete in itself and the record con- 
 tinuous. When all the cases laid before the court have been finished 
 and severally authenticated, and forwarded, the president shall, 
 unless otherwise directed by the convening authority, inform the said 
 authority by letter that all the business before the court has been 
 completed, and the court shall adjourn to await the action of the 
 convening authority. 
 
 For detailed instructions concerning the manner of making up 
 court-martial records, see Chapter VII. 
 
 359. Questions numbered. The questions asked each witness shall 
 be numbered consecutively throughout the examination. If the ex- 
 amination is interrupted by recess or adjournment and is resumed 
 when the court reassembles or reconvenes, the numbering shall be 
 continued. If, however, the first examination of the witness is com- 
 pleted, and, later in the trial, he is recalled, the numbering of the 
 questions asked on this later examination shall begin anew. 
 
 360. Questions and answers paragraphed. Each question and answer 
 of a witness shall begin a new paragraph. 
 
 361. Recess or adjournment. When the business of the court is sus- 
 pended from one day to the next, or for a longer period, the record 
 shall show that the court adjourned until the time agreed upon ; but 
 when the period of suspension of business is from one part of a day 
 to another part of the same day, the record should show that a recess 
 was taken for the time mentioned. 
 
 362. Beading the record. In reading the record of the previous day 
 upon the opening of the court on each successive day the salient 
 features of the proceedings only need be read ; it is not necessary at 
 this time to read the testimony recorded. The ruling of the court on 
 questions submitted for decision should be read. Before the trial is 
 finished the record up -to that point must have been approved. 
 
 363. Presence of accused during subsequent reading of record, If the 
 court adjourns after arriving at a finding and sentence (or acquittal) 
 to meet the next day for the purpose of verifying the record, the rec- 
 ord of proceedings of the succeeding day should distinctly show that 
 the accused was present during the reading of so much thereof as 
 referred to the proceedings in open court, that he then withdrew, and 
 that the court was cleared, the judge advocate remaining, whereupon 
 that part of the record which pertained to the proceedings in closed 
 court was read. 
 
 364. Medical certificate must be attached in certain cases. Whenever 
 
 any person is sentenced for a period exceeding 10 days to confine- 
 
 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 ment on diminished rations, or on bread and water, there must ap- 
 pear on the record of proceedings the certificate of the senior medical 
 officer under the immediate jurisdiction of the convening authority, 
 to the effect that such sentence will not be seriously injurious to the 
 health of the prisoner. (In this connection, see A. G. N. 33.) 
 
 365. Completion of record. After the proceedings and sentence, 
 with the recommendation to clemency, if any, have been signed, the 
 action of the court, whether an adjournment or the taking up of a 
 new case, shall be recorded ; after this entry has been authenticated by 
 the signatures of the president and the judge advocate, the record 
 is completed. 
 
 366. Copy of record for accused. The accused is entitled to a certi- 
 fied copy of the proceedings of a general court-martial. Such copy 
 should contain a record of all the proceedings except the findings, 
 sentence, recommendation' to clemency, and action of the convening 
 authority. These latter may be obtained by him, however, upon 
 application to the Department after the proceedings have been con- 
 summated by proper authority. 
 
 367. Duty of judge advocate to furnish copy to the accused. The . 
 judge advocate should, at the beginning of a trial, inquire of the 
 accused if he desires a copy of the record of proceedings. If so, the 
 record shall be made in duplicate and a copy furnished the accused 
 at the completion of his trial. If not, the judge advocate shall secure 
 from the accused a waiver of his right to a copy of the proceedings. 
 Should the accused waive his right to a copy of the record at the 
 time of his trial, he can not afterwards demand a copy. 
 
 368. Notation on cover page. The fact that a copy of the record 
 has been furnished the accused, or that he has waived his right there- 
 to, shall be noted on the cover page. of the case. 
 
 369. Waiver or receipt appended. The waiver of the right ro a copy 
 of the proceedings, or when a copy is furnished a receipt therefor, 
 shall in each case be the last document appended to the record. (See 
 p. 382.) 
 
 370. Final disposition of records. The records of proceedings of all 
 courts-martial shall be forwarded direct to the Judge Advocate Gen- 
 eral by the reviewing authority, after acting thereon, or, in the case 
 of general courts-martial convened by the Secretary of the Navy, 
 by the presiding officer of such courts. 
 
 371. Letters of transmittal not required. Letters of transmittal are 
 not required in forwarding to the Department records of proceedings 
 of courts-martial and other courts and boards. 
 
 REVISION. 
 
 ' 
 
 372. Revision must be before dissolution of court. Upon the receipt 
 'of the record of a court-martial, the reviewing authority shall pro- 
 
214 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 ceed at once to examine the same, in order that it may be returned 
 for revision, if such course be necessary, before the dissolution of 
 the court. 
 
 373. Legal quorum required for revision. Should the reviewing 
 authority decide to reconvene the court in order to amend or other- 
 wise remedy a defect or omission in the record, or for a reconsider- 
 ation of its finding or sentence, which may be done when the facts 
 warrant, the record shall show that at least five members of the 
 court which sat upon the trial and a judge advocate are present. A 
 correction can not be made unless there is a legal quorum present. 
 So long as this essential be fulfilled it is not necessary to the legality 
 of the proceedings that all the members present at the original trial 
 be present at the reassembling of the court. 
 
 374. The judge advocate on revision. It is not necessary that the 
 same judge advocate officiate on the revision' of a case as took part 
 in the original proceedings. If a new judge advocate be detailed, 
 however, the orders of the convening authority, modifying the pre- 
 cept in that respect, shall be read and a copy prefixed to the record 
 in revision. Also, the order convening the court in revision should 
 not be read until after the new judge advocate has been sworn. 
 
 375. No new evidence admissible. When a court is ordered to re- 
 vise its proceedings, new evidence shall not be admissible. (But see 
 sec. 333.) 
 
 376. Record in revision. During a revision an entirely separate 
 record shall be kept, to which the order for reassembling must be 
 prefixed, and which shall itself be prefixed to the record of which it 
 is a revision. A full entry shall be made of all the proceedings, 
 verified in the ordinary manner by the signatures of all the members 
 of the court present and the judge advocate, and transmitted, as be- 
 fore, to the reviewing officer for his approval*!* jqiaoa 
 
 377. Clerical errors or omissions, how corrected. Clerical errors or 
 omissions in the original record may be amended by the court in re- 
 vision without the presence of the accused, but they are not to be 
 corrected in an informal manner by erasure or interlineation. The 
 legal procedure is for the proper officer to reconvene the court, call- 
 ing its attention in the order for reassembling to the error requiring 
 correction, and for the court, on reassembling, to decide as to the 
 correction to be made, and to incorporate it as a part of the record 
 of proceedings in revision. 
 
 378. Presence of the accused. It is not in general necessary or de- 
 sirable that the accused be present at a revision. When, however, 
 any possible injustice may result from his absence, he should be re- 
 quired or permitted to be present with counsel, if desired. Thus, 
 where the defect to be corrected consists in an omission properly to 
 
 J 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 215 
 
 set forth a motion made or an objection taken by the accused, it may 
 be desirable that he should be present in order that he may be heard 
 as to the proper form of the proposed correction. But where the error 
 consists in the omission of a formal statement only, or a reconsidera- 
 tion of the findings or sentence on the record as it stands is what is 
 required, the presence of the accused is not in general called for. 
 
 379. Copy of record in revision for accused. The accused is entitled 
 to an exemplified copy of the record in revision to the same extent 
 as he is to a copy of the original proceedings. (See sec. 366.) 
 
 380. Finding and sentence revised in closed court. The court will be 
 closed during a revision of the finding and sentence. 
 
 381. Revision affecting finding and sentence Court's action to be in 
 handwriting of judge advocate. The finding (sentence) in revision 
 must be in the handwriting of the judge advocate. In a revision of 
 a case the statement, "The court does respectfully adhere to its 
 former finding (sentence)," is equivalent to a rewriting of the find- 
 ing (sentence), and shall be in the handwriting of the judge advocate. 
 
 REVIEWING AUTHORITY. 
 
 382. Execution of sentence. No sentence of a general court-martial 
 may be carried into execution until the entire proceedings have been 
 reviewed and the sentence duly approved. The approval of the con- 
 vening authority is sufficient except for certain sentences before the 
 execution of which the approval of higher authority is required by 
 law. (See A. G. N. 53.) When the confirmation of a sentence re- 
 quiring the approval of higher authority is desired, the record should 
 be forwarded to the next higher reviewing authority by the conven- 
 ing authority with his approval indorsed thereon. 
 
 383. " Reviewing authority " defined. Any officer to whom the pro- 
 ceedings of a court-martial are regularly submitted for review in 
 accordance with law is a reviewing authority. When, as is ordinarily 
 the case, such officer is the convening authority, this latter term 
 should, in order to avoid confusion, be used in referring to him even 
 while exercising the functions of a reviewing authority. 
 
 384. Power of reviewing authority. See A. G. N. 54 and act of 
 February 16, 1909, quoted under A. G. N. 33, as to the power of the 
 reviewing authority to remit or mitigate. In connection with the 
 exercise of this power, see General Order No. 110 (revised) and 
 article 4893, Naval Instructions, 1913, and C. M. O. 3, 1917, 4-5, to 
 be considered in connection therewith. When, however, the reviewing 
 authority desires neither to approve the record of a court nor to 
 exercise his power to remit or mitigate, his power is limited to re- 
 turning the record to the court for revision and reconsideration in 
 
216 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 any features which he may deem to merit the same, and, in the 
 event of the court's adherence to its former conclusions, to a dis- 
 approval of the same. It is not in the power of the reviewing 
 authority to compel a court to reverse its decision upon a motion or 
 plea, or to change its findings or sentence, when, upon being re- 
 convened by him, it has declined to modify the same, nor either 
 directly or indirectly to enlarge the measure of punishment imposed 
 by sentence of a court-martial. When the proceedings, findings, or 
 sentence of a court are illegal, the reviewing authority should set 
 aside the same. 
 
 385. Effect of disapproval. The disapproval of the findings or sen- 
 tence of a court-martial by the legal reviewing authority is not a 
 mere expression of disapprobation, but has the legal effect of entirely 
 .nullifying the same. Thus a reviewing authority can not disapprove 
 
 a sentence and then proceed to mitigate the same or carry it into 
 effect in any way, for, after disapproval, there is nothing left to 
 mitigate or carry into effect. 
 
 386. Reviewing power vests in office of authority so acting. The re- 
 viewing power, as well as the convening power, of a general court- 
 martial vests in the office, not in the person, of the authority so acting. 
 Thus, when the reviewing power is vested in the convening authority 
 and the officer Who has ordered the court has been relieved or is 
 absent, it is competent for his successor in office, whether temporary 
 or permanent, to act as reviewing authority. 
 
 387. Publication by court-martial orders. The finding and sentence 
 of every general court-martial approved by an officer having author- 
 ity to order such court shall be communicated by him in a court- 
 martial order to his command. Should the proceedings of such court- 
 martial be disapproved in any particular for any informality or 
 irregularity of the court, the particular informality or irregularity 
 shall be made known in the court-martial order promulgating the 
 result of the trial, so as to prevent, if possible, a recurrence of similar 
 
 errors. 
 
 
 
 388. Designation of prison. Officers authorized by law to convene 
 general courts-martial are empowered to designate prisons for the 
 confinement of men so sentenced. In the absence of instructions 
 directing otherwise, prisons will be designated as follows : 
 
 (a) Those convicted by courts convened by officers in Atlantic 
 waters the naval prison at the navy yard, Portsmouth, N. H. 
 
 (&) Those convicted by courts convened by officers in Pacific 
 
 \ / / / 
 
 waters the naval prison at the navy yard, Mare Island, Cal. 
 
 (c) Those convicted by courts convened by officers in Asiatic 
 waters the naval prison, Cavite, P. I. In cases tried at Guam, the 
 commandant may, in his discretion, designate the naval prison at 
 the navy yard, Mare Island, Cal., in lieu of Cavite. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 217 
 
 But, in all cases where it is more practicable to transfer a prisoner 
 by means of a convenient Government conveyance to a receiving ship 
 or naval station other than those designated above, such prisoner 
 shall.be so transferred for temporary confinement, awaiting an op- 
 portunity for his further transfer to the prison designated. 
 
 The convening authority, after acting upon a case, will order trans- 
 portation and send the prisoner, under proper guard, to the desig- 
 nated prison at the earliest practicable date or, if practicable, by 
 the earliest Government conveyance notifying the commandant at 
 the navy yard or station at which the designated prison is located, by 
 letter, stating the offense, sentence, action of the convening authority, 
 and date of such action. A similar letter shall be sent to the Auditor 
 for the Navy Department, giving the same data, and in cases of 
 desertion and absence without or over leave, additional information 
 showing the dates of beginning and ending of unauthorized absence. 
 The service records and pay accounts, or staff returns, of such prison- 
 ers should accompany them. 
 
 Notation shall be made on the face of the court-martial record 
 (cover sheet) in the office of the convening authority that the above 
 mentioned letters have been sent, with the date, thus : Letters to com- 
 mandant, navy yard, Portsmouth, N. H., and auditor (date). The, 
 action of the convening authority shown on the record of the case 
 as forwarded to the Judge Advocate General, will be sufficient noti- 
 fication to the Department as to the designated place of confinement. 
 
 
 
 DISSOLUTION OF COURT. 
 
 389. Court dissolved. A general court-martial is dissolved by the 
 order of the authority who convened it. When so dissolved, it can 
 not legally be reconvened. (See C. M. O. 4, 1914, 4-5.) 
 
 LIMITATION or PUNISHMENT. 
 
 390. The following limitations to the punishment of officers and 
 enlisted men of the Navy and Marine Corps in time of peace, by 
 naval general courts-martial, for each separate offense, have been 
 prescribed by the President of the United States, and shall not be 
 exceeded. They give the maximum limit of punishment for the 
 offenses named, and that limit is intended for those cases in which 
 the most severe punishment should be adjudged. Members of courts- 
 martial should bear in mind the fact that these limitations are for 
 each separate offense, not for each separate charge, and for several 
 separate and distinct offenses, even though they be under the same 
 charge, the court may, at its discretion, where the circumstances 
 warrant such severity, adjudge in its sentence the limit of punish- 
 ment for each separate and distinct offense. For example, the limita- 
 tion of punishment for drunkenness, in the case of an enlisted man, 
 is confinement for six months. If there happen to be two distinct 
 
218 
 
 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 offenses under the charge of drunkenness, and the court finds both 
 specifications proved, the court may, at its discretion, impose a 
 sentence of confinement for one year. 
 
 Offenses not provided for herein remain punishable as authorized 
 by the Articles for the Government of the Navy and the custom of 
 the service. 
 
 Loss of pay and allowances due, or that may become due during 
 confinement, as the case may be, excepting a sum not to exceed three 
 (3) dollars a month for prison expenses and a further sum not to 
 exceed twenty-five (25) dollars to be paid upon discharge if sentenced 
 to discharge from the service, may be added to any one of the follow- 
 ing limitations: 
 
 If, in the case of a commissioned or warrant officer, the maxi-/ 
 mum sentence, under the following limitations of punishment, ex- 
 tends to dismissal, and if, upon the trial, oral testimony can not be 
 obtained, by reason of which fact the record of proceedings of the 
 court of inquiry, upon whose findings such trial is wholly or partially 
 based, is used in evidence, the maximum punishment which may be 
 imposed shall not extend to dismissal, but shall, instead, be limited 
 not to exceed the loss of 100 numbers in rank. (See, in this connec- 
 tion, C. M. O. 46, 1917.) 
 
 In any case where it is necessary to use depositions at the trial 
 thereof, and depositions are so used, the maximum punishment 
 under such circumstances shall in no case exceed imprisonment or 
 confinement for one year. (See C. M. O. 11, 1916, in which the 
 Department, as a matter of policy, did not approve a sentence of dis- 
 missal in the case of an officer where a deposition had been used in 
 securing conviction.) 
 
 In all cases where the following limitations of punishment provide 
 for confinement, hard labor during such confinement shall be in- 
 cluded. 
 
 DJI6- 
 
 
 
 
 
 Offenses. 
 
 
 Limit of punishment. 
 
 
 Officer: To lose three numbers. 
 
 Enlisted man: Confinement for three months. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for ten years. 
 Enlisted man: Imprisonment at hard labor for ten 
 
 years and dishonorable discharge. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for ten years. 
 Enlisted man: Imprisonment at hard labor for ten 
 
 years and dishonorable discharge. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for ten years. 
 Enlisted man: Imprisonment at hard labor for ten 
 
 years and dishonorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 UNDER ARTICLE 3. 
 
 Irreverent or unbecoming behavior during divine 
 service. 
 
 UNDER ARTICLE -C 
 
 Making or attempting to make, or uniting with, 
 any mutiny or mutinous assembly. 
 
 Being witness to or present at any mutiny, does not 
 do his utmost to suppress it. 
 
 Knowing of any mutinous assembly or of any in- 
 tended mutiny, does not immediately communi- 
 cate his knowledge to his superior or 
 officer. 
 
 Disobeying lawful order of superior officer. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 219 
 
 Offenses. 
 
 Limit of punishment. 
 
 UNDER ARTICLE 4 Continued. 
 
 Striking, assaulting, or attempting or threatening 
 to strike or assault his superior officer while in the 
 execution of duties of office. 
 
 Sleeping on watch or post: 
 
 1. Officer of the watch. 
 
 2. Sentinel. 
 
 3. Lookout. 
 
 4. Petty or noncommissioned officer on watch 
 or guard. 
 
 Leaving station or post before being regularly re- 
 lieved: 
 
 1. Officer. 
 
 2. Petty or noncommissioned officer. 
 
 3. Sentinel. 
 
 4. Lookout. 
 
 Intentionally or willfully suffering a vessel of the 
 Navy to be run upon a rock or shoal, or to be im- 
 properly hazarded. 
 
 Unlawfully setting on fire or destroying public 
 property not in possession of pirate, enemy, or 
 rebel. 
 
 Refusing to obey the lawful order of superior officer. 
 
 Maliciously or willfully injuring any vessel of the 
 Navy or any part of her tackle, armament, or equip- 
 ment, whereby the safety of the vessel is hazarded 
 or lives of crew exposed to danger. 
 
 UNDER ARTICLE 6. 
 
 Murder. 
 
 UNDER ARTICLE 8. 
 Profane swearing. 
 
 Falsehood. 
 Drunkenness on duty. 
 
 Drunkenness. 
 
 Gambling. 
 
 Fraud. 
 
 Theft: 
 
 1. Above one hundred dollars. 
 
 2. Between fifty and one hundred dollars. 
 
 3. Under fifty dollars. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for five years. 
 Enlisted man: Imprisonment at hard labor for five 
 
 years and dishonorable discharge. 
 
 1. Dismissal 
 
 2. Confinement for one year and dishonorable dis- 
 charge. 
 
 3. Confinement for one year and dishonorable dis- 
 charge. 
 
 4. Confinement for one year and Dishonorable dis- 
 charge. 
 
 1. Dismissal. 
 
 2. Confinement for one year and dishonorable dis- 
 charge. 
 
 3. Confinement for one year and dishonorable dis- 
 charge. 
 
 4. Confinement for one year and dishonorable dis- 
 charge. 
 
 Officer: Dismissal and imprisonment at hard labor 
 for twenty years. 
 
 Enlisted man: Imprisonment at hard labor for 
 twenty years and dishonorable discharge. 
 
 Officer: Dismissal and imprisonment at hard labor 
 for twenty years. 
 
 Enlisted man: Imprisonment for twenty years at 
 hard labor and dishonorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for fifteen years. 
 Enlisted man: Imprisonment for fifteen years at 
 
 hard labor and dishonorable discharge. 
 
 Officer: Death. 
 Enlisted man: Death. 
 
 Officer: Public reprimand. 
 
 Enlisted man: Solitary confinement for thirty 
 days. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for one year. 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for six months. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for six months. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for six months and 
 dishonorable discharge. 
 
 1. Officer: Dismissal and imprisonment for four 
 years. 
 
 Enlisted man: Confinement for four years and 
 dishonorable discharge. 
 
 2. Officer: Dismissal and imprisonment for three 
 years. 
 
 Enlisted man: Confinement for three years and 
 dishonoraole discharge. 
 
 3. Officer: Dismissal and imprisonment for two 
 years. 
 
 Enlisted man: Confinement for two years and 
 dishonorable discharge. 
 
 26450 17 
 
 -15 
 
220 
 
 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 Offenses. 
 
 Limit of punishment. 
 
 UNDER ARTICLE 8 Continued. 
 
 Scandalous conduct tending to the destruction of 
 good morals. 
 
 Cruelty toward, or oppression or maltreatment of, 
 any person subject to his orders. 
 
 Quarreling with, striking or assaulting, or using pro- 
 voking or reproachful words, gestures, or menaces 
 toward any person in the Navy. 
 
 Endeayoring to foment quarrels between other per- 
 sons in the Navy. 
 
 Sending or accepting a challenge to fight a duel or 
 acting as second in a duel. 
 
 Treating his superior officer with contempt or being 
 disrespectful to him in language or deportment 
 while in the execution of his office. 
 
 To join in or abet any combination to weaken lawful 
 authority of, or lessen the respect due to, his com- 
 manding officer. 
 
 Uttering seditious or mutinous words. 
 
 Negligent or careless in obeying orders. 
 
 Culpably inefficient in the performance'of duty. 
 
 Not using his best exertions to prevent the unlawful 
 destruction of public property by others. 
 
 Through inattention or negligence suffering a vessel 
 of the Navy to be stranded, or run upon a rock or 
 shoal, or hazarded. 
 
 When attached to any vessel appointed as convoy 
 to any merchant or other vessel, fails diligently to 
 perform his duty, or demands or exacts any com- 
 pensation for his services, or maltreats the officers 
 or crew of such merchant or other vessel. 
 
 Taking, receiving, or permitting to be received on 
 board the vessel to which he is attached any goods, 
 merchandise, for freight, sale, or traffic, except 
 )ld, silver, or jewels for freight or safekeeping, or 
 
 receipt or transportation of any other article than 
 gold, silver, or jewels without authority from the 
 President or the Secretary of the Navy. 
 
 Knowingly making, signing, or aiding, abetting, di- 
 recting, or procuring the making or signing of any 
 false muster. 
 
 Wasting any ammunition, provisions, or other pub- 
 lic property, or, having power to prevent it, know- 
 ingly permits such waste. 
 
 When on shore, plundering, abusing, or maltreat- 
 ing any inhabitant or injuring his property by 
 means of 
 1. Manslaughter. 
 
 2. Assault with intent to kill. 
 
 3. Assault and battery. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for fifteen years. 
 Enlisted man: Confinement for fifteen years and 
 
 dishonorable discharge. 
 Officer: Dismissal. 
 Enlisted man: Confinement for six months and 
 
 dishonorable discharge. 
 
 Officer: To lose five numbers. 
 
 Enlisted man: Confinement for three months. 
 
 Officer: To lose five numbers. 
 
 Enlisted man: Confinement for three months. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 Officer: To lose ten numbers. 
 
 Enlisted man: Confinement for six months. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for six months and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Officer: Dismissal. 
 
 
 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for two years and dis 
 honorable discharge. 
 
 1. Officer: Dismissal and imprisonment at hard 
 labor for ten years. 
 
 Enlisted man: Imprisonment at hard labor for ten 
 years and dishonorable discharge. 
 
 2. Officer: Dismissal and imprisonment at hard 
 labor for five years. 
 
 Enlisted man: imprisonment at hard labor for five 
 years and dishonorable discharge. 
 
 3. Officer: Dismissal. 
 
 Enlisted man: Confinement for six months an dis- 
 honorable discharge. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 221 
 
 Offenses. 
 
 Limit of punishment. 
 
 UNDER ARTICLE 8 Continued. 
 
 When on shore, plundering, abusing, or maltreat- 
 ing any inhabitant or injuring his property by 
 means of 
 4. Rape. 
 
 5. Burglary. 
 
 6. Robbery. 
 
 7. Arson. 
 
 8. Obscene and abusive language. 
 
 9. Wilful destruction of property. 
 
 
 
 Refusing or failing to use his utmost exertions to 
 detect, apprehend, and bring to punishment all 
 offenders, or to aid all persons appointed for that 
 purpose. 
 
 When rated or acting as master-at-arms refuses to 
 receive such prisoners as may be committed to his 
 charge, or having received them, suffers them to 
 escape or dismisses them without orders from the 
 proper authority. 
 
 Absent from station and duty without leave, or after 
 his leave has expired. 
 
 Violating or refusing obedience to any lawful general 
 order or regulation issued by the Secretary of the 
 Navy. 
 
 Desertion (in case of surrender to naval authorities). 
 
 Desertion (in case of apprehension or delivery to 
 naval authorities): 
 
 1. If less than six months in the service. 
 
 2. If more than six months in the service. 
 
 Desertion: 
 
 From a ship about to sail on an extended cruise. 
 
 When joined in by two or more men in the execu- 
 tion of a conspiracy, or for desertion in the 
 presence of any unlawful assemblage-which the 
 naval forces may be opposing. 
 
 Aiding or enticing others to desert. 
 
 Receiving or entertaining any deserter from any 
 other vessel of the Navy, knowing him to be such, 
 and not with all convenient speed giving notice of 
 such deserter to the commander of the vessel to 
 which he belongs or to the commander-in-chief or 
 to the commander of the squadron. 
 
 UNDER ARTICLE 9. 
 Absent from command without leave. 
 
 UNDER ARTICLE 11. 
 
 and 
 
 Procuring stores or other articles or supplies for 
 disposing thereof to officers and enlisted men on 
 vessels of the Navy, or at any yard or navalstation, 
 for his own account or benefit. 
 
 4. Officer: Dismissal and imprisonment at hard 
 labor for twenty years. 
 
 Enlisted man: Imprisonment for twenty years at 
 hard labor and dishonorable discharge. 
 
 5. Officer: Dismissal and imprisonment at hard 
 labor for seven years. 
 
 Enlisted man: Imprisonment at hard labor for 
 
 6. Officer: Dismissal and imprisonment at hard 
 labor for seven years. 
 
 Enlisted man: Imprisonment at hard labor for 
 seven years and dishonorable discharge. 
 
 7. Officer: Dismissal and imprisonment at hard 
 labor for ten years. 
 
 Enlisted man: Imprisonment at hard labor for ten 
 years and dishonorable discharge. 
 
 8. Officer: Public reprimand. 
 
 Enlisted man: Confinement for three months. 
 
 9. Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Enlisted man: Confinement at hard labor for five 
 years and dishonorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for six months and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for eighteen months 
 and dishonorable discharge. 
 
 Officer: Dismissal and imprisonment for four years. 
 
 Enlisted man: 1. Confinement for eighteen months 
 and dishonorable discharge. 
 
 2. Confinement for two and one-half years and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for three 
 
 Enlisted man: Confinement for three years and 
 dishonorable discharge. 
 
 Officer: Dismissal and imprisonment for five years. 
 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for four years. 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for six months and 
 dishonorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
222 
 
 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 Limit of punishment. 
 
 UNDER ARTICLE 14. 
 
 Presenting or causing to be presented to any person 
 in the civil, military, or naval service for approval 
 or payment any claim against the United btates, 
 or any officer thereof, knowing said claim to be 
 false or fraudulent. 
 
 Entering into any agreement or conspiracy to defraud 
 the United States by obtaining or aiding others to 
 obtain the allowance of any false or fraudulent 
 claim. 
 
 Making or using, or procuring or advising the 
 making or using, of any writing or other paper, 
 .knowing the same to contain any false or fraud- 
 ulent statement, for the purpose of obtaining 
 or aiding others to obtain the approval, allow- 
 ance, or payment of any claim against the 
 United States or against any officer thereof. 
 
 Making or procuring or advising the making of 
 any oath to any fact or to any writing or other 
 paper, knowing such oath to be false, for the 
 purpose of obtaining or aiding others to obtain 
 the approval, allowance, or payment of any 
 claim against the United States or any officer 
 thereof. 
 
 Forging or counterfeiting, or procuring or advising 
 the forging or counterfeiting, of any signature upon 
 any writing or other paper, or using or procuring, 
 or advising the using of any such signature, know- 
 ing it to be forged or counterfeited, for the purpose 
 of obtaining or aiding others to obtain the approval , 
 allowance, or payment of any claim against the 
 United States or any officer thereof. 
 
 Knowingly delivering or causing to be delivered to 
 any person having authority to receive the same 
 any amount of money or other public property of 
 the United States furnished or intended for the 
 naval service less than that for which he receives a 
 certificate or receipt. 
 
 Knowingly making or delivering to any person a 
 
 having 
 
 knowledge of the truth of the statement therein 
 contained and with intent to defraud the United 
 States. 
 
 nance, arms, equipments, ammunition, clothing, 
 subsistence stores, money, or other property ol the 
 United States, furnished or intended for the mil- 
 itary or naval service thereof. 
 
 Knowingly purchasing or receiving in pledge, for any 
 obligation or indebtedness from any other person 
 who is a part of or employed in the naval service, 
 any ordnance, arms, equipment, ammunition, 
 clothing, subsistence stores, or other property of 
 the United States, such other person not having 
 lawful right to sell or pledge the same. 
 
 Executing, attempting, or countenancing any fraud 
 against the United States. 
 
 UNDER ARTICLE 19. 
 
 Knowingly enlisting into the naval service any per- 
 son who has deserted in time-of war from the naval 
 or military service of the United States, or any in- 
 sane or intoxicated person, or minor between the 
 ages of 14 and 18 without the consent of his parents 
 or guardian, or any minor under the age of 14. 
 
 UNDEK ARTICLE 22. 
 
 Manslaughter. 
 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 ' 
 
 Officer: Dismissal and imprisonment for two years. 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for two years. 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for ten years. 
 Enlisted man: Imprisonment at hard labor for ten 
 
 years and dishonorable discharge. 
 
 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 223 
 
 Offers 
 
 Limit of punishment. 
 
 UNDER ARTICLE 22 Continued. 
 Assault with deadly weapon and wounding. 
 
 Rape. 
 
 Robbery. 
 
 Sodomy 
 
 Lewd or indecent behavior. 
 
 Smuggling liquor. 
 
 
 Attempting to suborn testimony to be given before 
 court-martial. 
 
 Neglecting to discharge pecuniary obligations 
 (aggravated case). 
 
 False swearing or perjury. 
 
 Disorderly conduct (aggravated case): 
 
 1. Assaulting and striking another person in the 
 
 Navy. 
 
 2. Attempting to strike and assault another per- 
 
 son in the Navy. 
 
 3. Disrespector affront to sentinel. 
 
 4. Interfering with or resisting sentinel in lawful 
 
 execution of his duty. 
 
 Striking or assaulting a sentinel. 
 
 Refusing obedience to lawful orders of sentinel. 
 
 Neglect of duty. 
 
 Resisting arrest. 
 
 Enticing a prisoner to escape. 
 
 Malingering. 
 
 Refusing to give testimony before a court-martial. 
 
 Behaving contumaciously before a board or court. 
 
 Using profane, abusive, and threatening language 
 toward his superior officer. 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Imprisonment at hard labor for five 
 years and dishonorable discharge. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for twenty years. 
 Enlisted man: Imprisonment at hard labor for 
 
 twenty years and dishonorable discharge. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for seven years. 
 Enlisted man: Imprisonment at hard labor for 
 
 seven years and dishonorable discharge. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for fifteen years. 
 Enlisted man: Imprisonment at hard labor for ten 
 
 years and dishonorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Loss of three numbers and public repri- 
 mand. 
 
 Enlisted man: Confinement for six months and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for five years. 
 
 Enlisted man: Confinement for three years arid dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for six months. 
 
 Officer: Dismissal and imprisonment for five years. 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 1. Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 2. Officer: Dismissal. 
 
 Enlisted man: Confinement for six months and dis- 
 honorable discharge. 
 
 3. Officer: To lose five numbers. 
 
 Enlisted man: Confinement for three months. 
 
 4. Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officar: Dismissal and imprisonment for two yaars. 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal and imprisonment for one year. 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. ^ 
 
 Officer: Loss of ten numbers. 
 
 Enlisted man: Confinement for six months. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for two years and dis- 
 honorable discharge. 
 
224 
 
 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 Limit of punishment. 
 
 UNDER ARTICLE 22 -Continued. 
 Mayhem. 
 
 Malicious or willful destruction of pu'olic property. 
 
 Attempting to desert. 
 Answering for another at muster. 
 Breaking arrest. 
 
 Conduct unbecoming an officer and a gentleman. 
 Conduct to the prejudice of good order and discipline. 
 
 Fraudulent enlistment. 
 
 Creating a disturbance after being placed in arrest. 
 
 Liquor unlawfully in possession on board ship, in a 
 navy yard, naval station, or garrison, or upon re- 
 turning to the same (aggravated case). 
 
 Refusing to halt when challenged by noncommis- 
 sioned officer of guard or sentinel. 
 
 Using profane, obscene, or abusive language toward 
 another person in the service. 
 
 Officer: Dismissal and imprisonment for three 
 
 years. 
 Enlisted man: Imprisonment for three years at 
 
 hard labor and dishonorable discharge. 
 
 Officer: Dismissal and imprisonment for two years. 
 Enlisted man: Imprisonment for two years at hard 
 labor and dishonorable discharge. 
 
 Enlisted man: Confinement for six months. 
 Enlisted man: Confinement for six months. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for five years and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Officer: Dismissal and imprisonment at hard labor 
 
 for fifteen years. 
 Enlisted man: Confinement for fifteen years and 
 
 dishonorable discharge. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Enlisted man: Confinement for six months. 
 
 Officer: Loss of three numbers and public repri- 
 mand. 
 
 Enlisted man: Confinement for six months and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 Officer: Dismissal. 
 
 Enlisted man: Confinement for one year and dis- 
 honorable discharge. 
 
 
 
 
 
 

 X. 
 
 NAVAL ACADEMY COURT-MARTIAL, 
 
 (Act of June 23, 1874; 18 Stat., 203.) 
 (Act of March 2, 1895; 28 Stat., 838.) 
 (Act of March 3, 1903; 32 Stat., 1198.) 
 (Act of April 9, 1906; 34 Stat., 104-105.) 
 
 225 
 

 . 
 
 
, 
 
 
 
 -' oil} lo 
 
 
 
 NAVAL ACADEMY COURT-MAKTIAL. 
 
 , 
 
 391. When and how convened. The Superintendent of the Naval 
 Academy may, in his discretion and with the approval of the Secre- 
 tary of the Navy, cause any midshipman in the said academy to be 
 tried by "court-martial" for the offense of hazing. (34 Stat., 104.) 
 
 392. Constitution of. Such "court-martial" shall be composed of 
 "not less than three commissioned officers" (18 Stat., 203) as mem- 
 bers, and a commissioned officer shall be appointed to act as judge 
 
 advocate^ { fildjad 5 s \ surfoooiq sift ewollol 
 
 393. Sentence which may be imposed by such court. Such "court- 
 martial " has discretion as to the sentence to be imposed upon con- 
 viction of hazing. It may, upon such conviction, sentence a midship- 
 man to any punishment authorized for any violation or breach of 
 the rules of the Naval Academy, or to dismissal in any case, and, in 
 addition to dismissal, to imprisonment for a period not exceeding one 
 year in cases of "brutal or cruel" hazing. (34 Stat., 104-105.) 
 
 394. Finding and sentence subject to review. Such " court-martial's " 
 findings and sentence are subject to review by the convening au- 
 thority and the Secretary of the Navy. (34 Stat., 105.) In cases 
 where suspension or dismissal is adjudged it is advisable that the 
 sentence be submitted to the President for confirmation. (See file 
 26283-925.) 
 
 395. Jurisdiction of Naval Academy court-martial restricted to the 
 offense of hazing. The statutes authorizing the convening of Naval 
 Academy courts-martial do not extend the jurisdiction of such 
 " courts-martial " beyond the offense of hazing. 
 
 396. " Hazing " denned by statute. The offense of " hazing " shall 
 consist of " any unauthorized assumption of authority b}^ one mid- 
 shipman over another midshipman whereby the last-mentioned mid- 
 shipman shall or may suffer or be exposed to suffer any cruelty, in- 
 dignity, humiliation, hardship, or oppression, or the deprivation or 
 abridgment of any right, privilege, or advantage to which he shall 
 be legally entitled." (34 Stat., 105.) 
 
 397. Trial by court-martial not mandatory in cases of hazing. The 
 Superintendent of the Naval Academy may, at his discretion, deal 
 with the offense of hazing by usual disciplinary measures without the 
 
 227 
 
228 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 intervention of a " court-martial." But such measures do not permit 
 of the dismissal of any midshipman except upon written charges 
 by the superintendent, an opportunity for written reply by the 
 accused, a finding by a " board of inquiry " as to the issues of fact, 
 and a decision by the Secretary of the Navy to dismiss the accused, 
 which decision must have the " written approval of the President." 
 (34 Stat., 104; a "board of inquiry" as used herein has been held 
 to mean a "court of inquiry." File 26101-2, Sec. Navy, Aug. 14, 
 1909.) 
 
 398. Dismissal for a single act of hazing requires trial by court-mar- 
 tial. Proceedings for dismissal without trial by " court-martial " 
 can not be had for a "single act of hazing." (34 Stat., 104.) The 
 accused in such case must either be tried by "court-martial" or 
 punished otherwise than by dismissal. (For what constitutes a 
 " single act of hazing " see C. M. O. 31, 1915, 11.) 
 
 399. " Court-martial " follows the procedure of a general court-mar- 
 tial. A Naval Academy " court-martial " follows the procedure of 
 a general court-martial. (See Ch. IX.) 
 
 400. Midshipmen may be tried by general court-martial. Midshipmen 
 are triable by general court-martial, convened by proper authority 
 in accordance with the limitations and conditions applying to other 
 trials by general court-martial, and provided that sentences of sus- 
 pension and dismissal must be confirmed by the President before 
 
 being carried into execution. (28 Stat., 838.) 
 
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XL 
 
 SUMMARY COURTS-MARTIAL. 
 
 (A. G. N. 26-34 and subsequent statutory enactments quoted there- 
 under.) 
 
 229 
 

 ' 
 
 SUMMARY COURTS-MARTIAL. 
 
 Page. 
 
 Place and time of meeting. . . 231 
 
 Convening authority 231 
 
 Constitution ; 232 
 
 Precept 232 
 
 Specifications. , 233 
 
 The members 234 
 
 Senior members 234 
 
 The recorder /. . '. 234 
 
 Accused 235 
 
 Counsel for the accused 235 
 
 Clerk, stenographer, and interpreter 235 
 
 Orderly I 235 
 
 Challenger 235 
 
 Oaths 235 
 
 Postponement 236 
 
 Arraignment 236 
 
 Preliminary motions 236 
 
 Pleas ! 237 
 
 Witnesses v 237 
 
 Statement and arguments 237 
 
 Finding 237 
 
 Record of previous convictions 237 
 
 The sentence 237 
 
 Recommendation to clemency 243 
 
 Record of proceedings 243 
 
 Revision 243 
 
 Reviewing authority 243 
 
 Dissolution.. 245 
 
 . 
 
 PLACE AND TIME OF MEETING. 
 
 401. Place and time of meeting. See sections 215-217 under general 
 courts-martial, which in general apply to summary courts-martial. 
 Hours for holding sessions of a summary court-martial, however, 
 shall be selected with a view to as little interference with the per- 
 formance of routine duties as the administration of justice and the 
 interests of the accused and the service permit. 
 
 CONVENING AUTHORITY. 
 
 402. Who may order summary court Upon whom For what of- 
 fenses. See Article 26, A. G. N., and act of August 29, 1916, quoted 
 thereunder. 
 
 231 
 
232 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 403. " Commander of any vessel " construed. The words " commander 
 of any vessel," as used in Article 26, A. G. X., have been construed to 
 include a warrant officer when he is actually commanding a naval 
 vessel, and this notwithstanding the fact that a warrant officer (non- 
 commissioned) is not competent to serve as a member of a court- 
 martial. (C. M. O. 6, 1915, 5.) 
 
 CONSTITUTION. 
 
 
 
 404. Composition of. See Article 27, A. G. N. The provisions of 
 this article admit of a commissioned warrant officer being ordered 
 as a member of a summary court-martial. (See also section 224, and 
 General Order 296.) 
 
 405. For trial of a marine. When a marine is to be tried by sum- 
 mary court-martial, one or more marine officers shall, if practicable. 
 
 be detailed as members of the court. 
 
 
 
 406. Personnel of court. It is desirable that care be exercised in 
 
 selecting the personnel of a court, so that no reasonable objection 
 against a member may be made by either the accused or the recorder 
 when called upon to exercise the right of challenge. 
 
 407. Deficiency of members How supplied. When a trial by sum- 
 mary court-martial is decided upon, and a sufficient number of officers 
 of the proper rank to compose Ijbe court are not under the command 
 of the convening authority, the latter shall request the senior officer 
 present to detail the additional officers necessary. The senior officer 
 present shall, if practicable, comply with such request, in which case 
 he shall, orally or in writing, notify the officers detailed. (In this 
 connection see Navy Regulations, 1913, R-3910 (3).) 
 
 408. Changes in court. The provisions of section 225 in regard to 
 changes in the composition oj a general court-martial apply also to 
 a summary court-martial, but . ordinarily, where changes are neces- 
 sitated in the composition of a summary court-martial, a new precept 
 should be issued. 
 
 J99fli }o 9ffliJ bn& soafS .10 
 
 409. Precept. The precept for a summary court-martial shall 
 specify the personnel of the court and the time and place of meeting. 
 The convening authority shall deliver the precept to the senior mem- 
 ber and, orally or in writing, notify the other members and the 
 recorder of their appointment. The precept, and orders altering 
 the same, if any (see sec. 408), must be read by the recorder in court 
 in the presence of the accused. The original precept shall be pre- 
 fixed to the record of the first case tried thereunder, and, if more 
 than one case be tried thereunder, shall be referred to in the record 
 of each case subsequent to the first. 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 233 
 
 THE SPECIFICATIONS. 
 
 (See Chapter VI.) 
 
 410. Accused to be furnished copy of specification (s) before trial, As 
 soon as practicable after it has been decided to bring him to trial, 
 the accused shall be furnished with a copy of the specification(s) 
 preferred against him. After he has received this copy he shall, 
 before he is brought to trial, be allowed a reasonable time to pre- 
 pare his defense, but he may be tried at any time after he announces 
 in open court that he is ready for trial. The record must show, by 
 admission of the accused or by other proof, that, at a stated time 
 prior to the trial, he received a copy of the specification (s) preferred 
 
 against him. 
 
 & 
 
 411. Form of specification. A separate specification shall be used 
 for each distinct offense, and two or more such specifications may be 
 joined for a single trial. The specimen forms for specifications set 
 forth in Chapter YI shall be followed in the preparation of specifi- 
 cations for summary courts-martial, except that the specification 
 shall not be laid under any particular charge, and the caption shall 
 read : " Specification of an offense preferred against A - B. 
 C , seaman, U. S. Navy," or, if there is more than one specifi- 
 cation, " Specifications of offenses," etc. In the latter case the several 
 specifications shall be paragraphed and consecutively numbered, as 
 in the case of several specifications for trial by general courts- 
 martial. 
 
 412. Offenses triable by summary court-martial. Article 26, A. G. N., 
 makes triable by summary court-martial offenses committed by en- 
 listed men which an officer empowered to order a summary court- 
 martial " may deem deserving of greater punishment " than those 
 prescribed in Article 24, A. G. N., " but not sufficient to require trial 
 by general court-martial." So, when the nature of an offense charged 
 is of such character that the punishment which a summary court- 
 martial is authorized to inflict is not adequate (see art. 30, A. G. N.), 
 the offender should be brought to trial before a general court-martial, 
 unless it is impracticable to do so. In this connection it is to be 
 noted that the offense of " fraudulent enlistment, and the receipt of 
 any pay or allowance thereunder^" was, by statute, declared an of- 
 fense against naval discipline and made punishable by general court- 
 martial (27 Stat, 716). Jurisdiction over this offense, therefore, is 
 expressly limited to a general court-martial. 
 
 413. Specification(s) to be prefixed to record. The original specifi- 
 cation (s) shall be prefixed to the record in each case. 
 
 414. Must be pronounced in due form and technically correct. See 
 section 235 under general courts-martial, which applies equally to 
 summary courts-martial. 
 
234 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 MEMBERS. 
 
 415. In general. Except where conflicting with the following sec- 
 tion and where peculiar to a general court-martial, the provisions in 
 regard to "Members" as laid down under general courts-martial, 
 sections 236-247, apply equally to summary courts-martial. 
 
 416. Not exempt from other duties. Summary court-martial duty 
 shall be performed in addition to other duties, unless the convening 
 
 ^ 1 
 
 authority directs otherwise. 
 
 C1 
 
 SENIOR MEMBER. 
 
 417. Duties in general. The senior member of a summary court- 
 martial corresponds to the president of a general court-martial, and 
 the general duties of the latter, as laid down in sections 248-249, 
 under general courts-martial, apply to the senior member of a sum- 
 mary court-martial. 
 
 When a summary court-martial meets and when it adjourns, the 
 senior member shall cause the same to be reported, through routine 
 channels, to the convening authority. 
 
 RECORDER. 
 
 . 
 
 418. Who may act as such. The convening authority "may order 
 any officer under his command to act as recorder of a summary court- 
 martial." (27 A. G. N.) 
 
 419. Responsible to convening authority. An officer so detailed shall 
 be responsible to the convening authority for the proper performance 
 of his duties in the same manner as he is responsible for the perform- 
 ance of other military duties. 
 
 420. Not subject to challenge. The recorder is not subject to chal- 
 lenge on any grounds. 
 
 421. General duties. The recorder corresponds to the judge advo- 
 cate of a general court-martial, and the general duties of the latter, 
 as laid down in sections 253-258, apply to the recorder of a summary 
 court-martial. 
 
 422. Summoning witnesses. The recorder shall summon all wit- 
 nesses both for the prosecution and the defense. The provisions of 
 sections 122 to 132 are applicable to the recorder of a summary court- 
 martial, as well as to the judge advocate of a general court-martial, 
 except that the statutory authority to compel the attendance of 
 civilian witnesses within the jurisdiction therein specified is not con- 
 strued as extending to summary courts-martial. The attendance 
 of a civilian witness before a summary court-martial is, therefore, 
 optional, and the subpoena for same should not include mention of a 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 235 
 
 penalty for failure. (See p. 374.) Such witness can be subpoenaed 
 by the recorder at Government expense only with the approval of the 
 convening authority, and the approval of the Secretary of the Navy 
 is necessary to subpcena such witness from a distance which would 
 require such authority if the attendance of the witness were desired 
 before a general court-martial. 
 
 ACCUSED. 
 
 423. To be present in open court. See sections 263-264 under general 
 courts-martial, which are applicable to the accused in a trial by 
 summary court-martial. 
 
 COUNSEL FOR THE ACCUSED. 
 
 424. As a rule, the accused should secure counsel of choice. But 
 when an accused desiring counsel is not otherwise provided, applica- 
 tion should be made to the convening authority who should detail a 
 suitable officer to act as such counsel. The general provisions in re- 
 gard to counsel for the accused laid down under general courts- 
 martial, sections 265-268, apply also to summary courts-martial. 
 
 CLERK, STENOGRAPHER, AND INTERPRETER. 
 
 425. While the services of a clerk, stenographer, or interpreter are 
 not ordinarily required before a summary court-martial, in cases 
 where such services may be utilized the provisions of sections 269- 
 273, under general court-martial, apply. 
 
 ORDERLY. 
 
 426. At the request of the senior member of the court, the conven- 
 ing authority shall direct an orderly to be detailed to attend the meet- 
 ings of the court and execute its orders. 
 
 CHALLENGE. 
 
 427. The provisions of sections 277-282, under general courts- 
 martial, apply equally to the right of challenge in summary court- 
 martial cases. 
 
 OATHS. 
 
 428. After the accused has announced that he does not object to 
 any member of the court each member and the recorder shall be 
 
 26450 17 16 
 
236 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 sworn. The recorder shall first administer the following oath to the 
 members : 
 
 Oath for members. " You, A. B., C. D., E. F., do swear (or affirm) 
 that you will well and truly try, without prejudice or partiality, the 
 case now depending, according to the evidence which shall be ad- 
 duced, the laws for the government of the Navy, and your own con- 
 science." (A. G. N. 28.) 
 
 429. The senior member shall then administer the following oath 
 to the recorder : 
 
 Oath for recorder. " You, A. B., do swear (or affirm) that you will 
 keep a true record of the evidence which shall be given before this 
 court and of the proceedings thereof." (A. G. N. 28.) 
 
 430. Each witness before a summary court-martial must, prior to 
 giving his testimony, be sworn, or affirmed, by the senior member, 
 as follows: 
 
 Oath for witnesses. " You do solemnly swear (or affirm) that the 
 evidence you shall give in the case now before this court shall be 
 the truth, the whole truth, and nothing but the truth, and that you 
 will state everything within your knowledge in relation to the 
 charges. So help you God (or, this you do under the pains and 
 penalties of perjury)." (A. G. N. 41.) 
 
 431. In General. For oath for clerk, stenographer, interpreter, 
 when their services are required before a summary court-martial, 
 oath on a voir dire, and general remarks which are applicable here, 
 see sections 287-290. 
 
 POSTPONEMENT. 
 
 432. Proceedings in a case may be suspended for cause, in which 
 event a new case or other business before the court may be taken up. 
 After its first meeting, a summary court-martial shall meet at the 
 time specified at adjournment, or, if no time was specified, at the call 
 of the senior member, unless, in either case, the convening authority 
 directs otherwise. 
 
 ARRAIGNMENT. 
 
 433. After the court has been organized (sworn), and both parties 
 are ready to proceed, the recorder- will read each specification sepa- 
 rately, and in order, to the accused and ask him how he pleads to 
 each, " guilty " or " not guilty." 
 
 434. Trials in joinder. See section 293, which applies to trials by 
 summary as well as general court-martial. 
 
 PRELIMINARY MOTIONS. 
 
 435. See remarks under general courts-martial, sees. 294 to 300, 
 which apply to summary courts-martial. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 237 
 
 PLEAS. 
 
 436. See remarks under general courts-martial, sees. 301 to 310, 
 which apply to summary courts-martial. 
 
 WITNESSES. 
 
 437. See sections 122-177 ; see also, in connection therewith, section 
 422, and note, as to case of contempt, on p. 394. 
 
 STATEMENT AND ARGUMENTS. 
 
 438. See remarks under general courts-martial, sees. 311 to 317, 
 which apply to summary courts-martial. 
 
 FlNDIN 
 
 
 439. Inasmuch as the specification for a trial by summary court- 
 martial is not laid under any charge, so much of the provisions of 
 sections 318-325, under general courts-martial, as refer to findings 
 upon the charge are not applicable to summary court-martial trials ; 
 but when such court finds a specification not proved, it should acquit 
 the accused of the offense specified. With this exception the provi- 
 sions of the above sections apply to the findings of a summary court- 
 martial. See also in this connection section 452. 
 
 RECORD OF PREVIOUS CONVICTIONS. 
 
 440. Sections 326 to 334, setting forth when and how the record of 
 previous convictions is to be introduced before a general court- 
 martial, apply also to a summary court-martial. 
 
 
 
 THE SENTENCE. 
 
 441. Authorized punishments. Summary courts-martial are restricted 
 in their sentences to the punishments specifically authorized in article 
 30, A. G. N., as affected by the act of February 16, 1909, section 8, 
 quoted thereunder. The effect of the provision of said act authoriz- 
 ing a court to " adjudge either a part or the whole, as may be appro- 
 priate, of any one of the punishments" enumerated in article 30, is 
 construed as permitting of the imposition of a sentence, under article 
 30, involving either extra police duties or loss of pay alone. But 
 care must be taken not to include parts of two or more punishments 
 in a sentence. Thus, sentences involving confinement on bread and 
 water or on diminished rations are illegal unless it is expressly pro- 
 vided that such confinement is to be " solitary," although solitary 
 confinement may be adjudged by itself without diminished rations. 
 Also, sentences must be expressed in the terms used in article 30. 
 Thus, a sentence to " extra duties " instead of " extra police duties " 
 
238 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 is illegal. In adjudging adequate punishment within the limits of 
 their statutory authority, courts should be guided by the schedule of 
 punishments published by the department for the purpose of secur- 
 ing uniformity in punishment. (See General Order No. 110 (re- 
 vised).) 
 
 442. Loss of pay. Loss of pay should be expressed in dollars and 
 cents not days' pay and should be based upon the actual pay, not 
 including extras for mess cook, gun pointer, acting coxswain, etc. 
 When a sentence of loss of pay is coupled with that of reduction in 
 rating, care shall be taken to insure the fact that the loss of pay 
 adjudged is based on the pay of the rating to which the accused has 
 been reduced and not on his original rating. 
 
 443. Extra police duties. Except where the offender is serving on 
 a receiving ship or at a shore station, sentences involving extra police 
 duties are, as a general rule, undesirable, but this will not be con- 
 strued as prohibiting the imposition of this sentence on board ships 
 on which circumstances render it desirable. 
 
 444. Phraseology to be employed in sentences involving confinement. 
 Where the legal term of confinement is limited to " 30 days," the exact 
 phraseology should be employed in adjudging a sentence involving 
 confinement for such maximum period. A sentence of " solitary con- 
 finement for one month," for example, would be irregular and im- 
 proper, as the article quoted above prescribes 30 days as the maxi- 
 mum, whereas one month might be in excess of the limit so fixed. 
 
 445. Meaning of " confinement." The word " confinement," within 
 the meaning of Article 30, A. G. N., imports more than restriction to 
 a ship or station. The punishment of "confinement not exceeding 
 two months," authorized by said article, is intended to be a dif- 
 ferent punishment from mere deprivation of liberty which a com- 
 manding officer is authorized to inflict. (C. M. O. 2, 1912, 11.) An 
 enlisted man in confinement should therefore be kept separate from 
 the remainder of the crew, but the convening authority may, at his 
 discretion, extend the limits of confinement during working hours 
 or at other times that he may deem expedient. 
 
 446. Bread and water. See section 353, under general courts-mar- 
 tial, which applies to summary courts-martial. 
 
 447. Deprivation of liberty. A sentence of " deprivation of liberty " 
 is illegal, unless the words " on shore on foreign station " are added, 
 and the court, in adjudging such sentence, shall not exceed the limit 
 of three months. 
 
 448. Disrating for incompetency. Article 31, A. G. N., gives a sum- 
 mary court-martial authority to disrate for incompetency. (See, in 
 this connection, sec. 81.) In the case of a person found guilty of 
 incompetency, the sentence of disrating is mandatory, and it is the 
 
 only authorized punishment therefor. 
 
 
 
INSTRUCTIONS FOB COURTS AND BOARDS. 239 
 
 449. Classification for disrating. In order to insure uniformity in 
 the reduction in rating of enlisted men by sentence of summary 
 courts-martial, the following classification of the petty officers and 
 other enlisted men in the Navy, and of the noncommissioned officers, 
 musicians, and privates in the Marine Corps, arranged in each case 
 to show their "next inferior rating" shall be followed, unless the 
 man's current enlistment record shows that he was promoted to his 
 present rate from some inferior rating other than the one indicated 
 by the table, in which case his reduction shall be to the inferior rat- 
 ing from which he was last advanced, and it shall be so stated in the 
 record of the court. 
 
 
240 
 
 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 
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 INSTRUCTIONS FOR COURTS AND BOARDS. 
 MESSMEN BRANCH. 
 
 RATING. 
 
 Steward or cook. 
 Mess attendant, first class. 
 Mess attendant, second class. 
 Mess attendant, third class. 
 
 MARINES. 
 
 CLASS. 
 
 RANK. 
 
 
 
 Quar- 
 termas- 
 
 Leader 
 
 
 
 
 
 
 
 ter ser- 
 geant; 
 
 of 
 band. 
 
 First 
 ser- 
 
 
 
 
 Chief petty officers. 
 
 Ser- 
 geant 
 major. 
 
 quar- 
 termas- 
 ter ser- 
 
 
 geant; 
 gun- 
 nery 
 
 Drum 
 major. 
 
 
 
 
 
 
 geant 
 
 Second 
 
 ser- 
 
 
 
 
 
 
 (Pay 
 
 leader 
 
 geant. 
 
 
 
 
 
 
 Depart- 
 
 of 
 
 
 
 
 
 
 
 ment). 
 
 band. 
 
 
 
 
 
 Petty officers, second class. 
 
 Sergeant. 
 
 
 Principal 
 musician. 
 
 Petty officers, third class. 
 
 Corporal. 
 
 
 
 
 
 Drum- 
 
 
 Seamen, first class. 
 
 Private. 
 
 mer; 
 trump- 
 
 Musician, 
 first class. 
 
 
 
 eter. 
 
 
 
 
 Musician, 
 
 Seamen, second class. 
 
 
 second 
 
 
 
 class. 
 
 Seamen, third class. 
 
 
 Musician, 
 third class. 
 
 450. Method of arriving at sentence. See section 336, under general 
 courts-martial, which applies to a summary court-martial. 
 
 451. Eecordation and authentication of sentence. See sections 354- 
 356, under general courts-martial, which apply to a summary court- 
 martial. 
 
 452. Vote or opinion of individual members of court not to be dis- 
 closed. In the matter of secrecy, members of summary courts- 
 martial are governed by the same principle which applies to members 
 of general courts-martial. The latter are sworn not to " divulge 
 or by any means disclose the sentence of the court until it shall have 
 been approved by the proper authority," and not at any time to 
 " divulge or disclose the vote or opinion of any particular member 
 of the court, unless required so to do before a court of justice in due 
 course of law." (A. G. N. 40.) While the oath administered to 
 members of a summary court-martial contains no such provision, 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 243 
 
 yet the same reason exists for requiring the members of a summary 
 court-martial to maintain silence as to the sentence of the court prior 
 to its approval and the vote or opinion of any particular member 
 of the court, as exists for such requirement on the part of members of 
 a general court-martial. Therefore, subject to the exception in re- 
 gard to judicial proceedings noted in the statute prescribing the 
 oath for members of general courts-martial, the vote or opinion of 
 each member of a summary court-martial, either as to the sentence of 
 the court or as to any other matter, should not be disclosed. 
 
 RECOMMENDATION TO CLEMENCY. 
 
 453. See section 357, under general courts-martial, which applies 
 to a summary court-martial. 
 
 RECORD OF PROCEEDINGS. 
 
 454. See chapter VII and sections 358-365, which, except where 
 peculiar to general courts-martial, apply to the record of a summary 
 court-martial ; see also sections 463-464. 
 
 455. Conduct of proceedings and final disposition of record. See article 
 34, A. G. N. 
 
 REVISION. 
 
 456. In general. The remarks under general courts-martial, sec- 
 tions 372 to 381, except where peculiar to general courts-martial, 
 apply equally to summary courts-martial. 
 
 457. Revision by a different court. The only case in which a revision 
 may be had by a summary court-martial other than the one which 
 sat originally is where the medical officer certifies that the execution 
 of the original sentence would be seriously injurious to the health 
 of the accused. (See A. G. N., 33.) In such a case the new court is 
 restricted in its action to the review of the record of the former trial, 
 and a redetermination of the sentence. No further testimony shall be 
 admitted. 
 
 REVIEWING AUTHORITY. 
 
 458. In general. See sections 383 to 386 under general courts- 
 martial, which apply also to summary courts-martial. 
 
 459. Execution of sentence. Article 32, A. G. N., as affected by the 
 act of February 16, 1909, section 17, and the act of August 29, 1916, 
 quoted thereunder, provides for the execution of a summary court 
 martial sentence upon the approval of the " immediate superior in 
 command" of the convening authority, except that where the con- 
 vening authority is senior officer present his own approval is suffi- 
 
 UIO1I 
 
244 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 cient. (For construction of "immediate superior in command " see 
 C. M. O. 30, 1916, 7-8.) Upon the approval, therefore, of the con- 
 vening authority, and, except where the convening authority is senior 
 officer present, upon the further approval of the " immediate superior 
 in command," any authorized sentence of a summary court martial, 
 except a bad conduct discharge in certain cases as noted hereinafter, 
 may be carried into execution immediately. But enlisted men of 
 both the Navy and Marine Corps, who are not in their first enlist- 
 ments, shall not be discharged from the service with a bad conduct 
 discharge, in accordance with the sentence of a summary court mar- 
 tial, until an order for discharge is received from the Bureau of Navi- 
 gation or the Commandant of the Marine Corps. Enlisted men of 
 both the Navy and Marine Corps, however, who are in their first 
 enlistments, may be so discharged without the above-mentioned 
 order, within the continental limits of the United States, and men 
 in the insular force sentenced by summary court martial to dis- 
 charge with a bad-conduct discharge may be so discharged in the 
 Philippine Islands, Samoa, or Guam, according to the place of en- 
 listment. Men under sentence of discharge with bad-conduct dis- 
 charge, and on board of a vessel about to proceed to a port outside 
 of the United States, may, upon order of a senior officer present, be 
 transferred to the nearest receiving ship or marine barracks, accord- 
 ing to the circumstances, or to a ship remaining in port; provided 
 that no expense for travel be incurred by such transfer, and that the 
 Bureau of Navigation or the Commandant of the Marine Corps, as 
 the case may require, be informed thereof. 
 
 460. In case of acquittal or disapproval of the sentence. In cases 
 where the accused has been acquitted by the court, or where the 
 sentence has been disapproved by the convening authority, the record 
 of proceedings shall be submitted to the immediate superior in com- 
 mand in the same manner as though a sentence requiring action still 
 remained. 
 
 461. Power to remit. See article 30, A. G. N., and act of February 
 16, 1909, section 9, quoted thereunder. All powers of mitigation 
 vested in the convening authority may be exercised by other review- 
 ing authority. 
 
 462. Exercise of mitigating power. In connection with the exercise 
 of the power to mitigate it is to be noted that so much of a sentence 
 as requires confinement to be solitary or on diminished rations may 
 be remitted; or, in sentences involving bread and water, the fre- 
 quency of full rations may be increased. In sentences involving a bad 
 conduct discharge together with a loss of pay, the latter should, 
 whenever necessary, be remitted to such an extent as to leave the 
 discharged man sufficient money for his immediate needs after his 
 separation from the service. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 245 
 
 463. Synopsis of conduct spread upon record when bad conduct dis- 
 charge is adjudged. In every case where a sentence involving a bad 
 conduct discharge has been imposed, it shall be the duty of the officer 
 ordering the court, before acting upon the proceedings, to spread 
 upon the record a brief synopsis of the service of the person tried 
 and the offenses committed by him during his current enlistment. 
 
 464. Order to the pay officer. Records of the proceedings of sum- 
 mary courts-martial and deck courts shall show, over the signature 
 of the pay officer having the accounts of the accused, that the loss 
 of pay, if there be any adjudged and approved, has been checked. 
 In order to enable the pay officer to make the necessary certificate, 
 the commanding officer shall forward with the record the requisite 
 order for the checkage; such order shall be in duplicate; one copy 
 shall be sent immediately by the commanding officer direct to the 
 Auditor for the Navy Department. The order shall contain the 
 following information: Name, rate (rank), date of trial, offense 
 (briefly stated), and sentence as finally approved. If the offense 
 is absence over leave or absence without leave, the dates of the 
 beginning and ending of the unauthorized absence should be stated. 
 In the case of a marine, certificate shall be made by the commanding 
 officer of the marine that the checkage has been entered in the service 
 record book, or on the pay roll, as the case may be. 
 
 465. Transcript from record. Before a summary court-martial rec- 
 ord is transmitted to the Judge Advocate General (A. G. N. 34), a 
 brief transcript shall be taken therefrom (except in case of acquittal) 
 and furnished to the officer of the deck and the executive officer for 
 entry, respectively, in the ship's log and upon the service record of 
 the man concerned. In the case of a marine the transcript shall be 
 furnished to the marine's commanding officer. This transcript shall 
 comprise 
 
 (1) The date of offense. 
 
 (2) The nature of the offense. 
 
 (3) Punishment adjudged as approved by the convening and the 
 reviewing authority. 
 
 (4) Date of such approval. 
 
 If the said punishment be disapproved or. mitigated subsequently 
 by the department, an entry to that effect shall be made as soon as 
 notice thereof is received. If bad conduct discharge (of a man not 
 in first enlistment) be included in the sentence, the final action in 
 each case shall be similarly entered. The transcript and entries shall 
 be authenticated by the signature of the commanding officer. 
 
 DISSOLUTION. 
 
 466. The court is dissolved by order of the convening authority. 
 This order may be oral. 
 

 
 . 
 . 
 
 
 
XII. 
 
 DECK COURTS. 
 
 (Act of February 16, 190.9; 35 Stat., 621, 
 quoted on pp. 45-46.) 
 
 247 
 
. 
 
 . 
 

 DECK COURTS. 
 
 Page. 
 
 Convening authority 249 
 
 Constitution 249 
 
 Specifications 250 
 
 Deck court officer 250 
 
 The recorder 250 
 
 Accused 251 
 
 Oaths 251 
 
 Postponement 251 
 
 Procedure 251 
 
 Finding 252 
 
 Previous convictions 252 
 
 Sentence 252 
 
 Reviewing authority 252 
 
 Record of proceedings ....-: 253 
 
 CONVENING AUTHORITY. 
 
 467. Who may order deck court Upon whom And for what offenses. 
 See act of February 16, 1909, section 1, as affected by that part of 
 the act of August 29, 1916, which is quoted thereunder on page 45. 
 
 CONSTITUTION. 
 
 468. Constitution of court. See act of February 16, 1909, section 2, 
 quoted on page 45. See also General Order 296. The order consti- 
 tuting the court shall be in writing, except as noted in the following 
 section. 
 
 469. Who may act as deck court officer. Officers shall not be ordered 
 as deck court officers who are below the rank of lieutenant in the 
 Navy or captain in the Marine Corps, except that, in cases where 
 there is no officer of such rank, or of higher rank, attached to the 
 vessel, navy yard, station, or command, the commanding officer (if a 
 commissioned officer) may act as deck court officer. An officer em- 
 powered to order deck courts shall not designate himself for this 
 duty unless he is the only commissioned officer attached to the 
 vessel, navy yard or statron, or command, or unless the subordinate 
 officers are below the specified rank, in which cases he shall con- 
 stitute the deck court and finally determine the cases tried by him, 
 
 249 
 
250 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 and no order appointing the court need be issued, but the officer 
 in question shall enter on the record that he is "the only officer (of 
 the required rank) attached to the vessel (navy yard) (naval 
 station) (present with the command)." When the commanding 
 officer is not of or above the rank of lieutenant, and when there are 
 other officers attached to the command who are not of or above the 
 rank of lieutenant, the proper entry for the commanding officer who 
 acts as deck court officer to enter on the record is the following : " The 
 only officer attached to the vessel (or command) authorized to act as 
 deck court officer." 
 
 SPECIFICATIONS. 
 
 470.' What specification must state. The specification for a deck 
 court should be brief, but in each specification it is necessary to set 
 forth: (a) The name and rate of the accused; (b) the offense and 
 date of commission thereof; (c) all material facts connected with the 
 offense. While the specification for a deck court may be less formal 
 than that for a summary or general court-martial, yet the general 
 principles set forth in Chapter VI, except such as refer to the charge, 
 apply. In every case the convening authority should take care to 
 see that the statement of facts of the alleged offense, as set forth 
 therein, actually constitutes a legal offense, and that the offense is 
 set forth clearly and explicitly, and is not left to be implied. 
 
 471. Offenses triable by deck court. The jurisdiction of a . deck 
 court is expressly limited to "minor offenses." (Act of Feb. 16, 
 1909, sec. 1, quoted on p. 45.) 
 
 DECK COURT OFFICER. 
 
 472. Not sworn. The officer constituting a deck court is not sworn, 
 as he performs his duty under the sanction of his oath of office. 
 
 473. Duties of. The deck court officer conducts the trial. He sum- 
 mons witnesses, if any. (See sec. 422.) He administers the oath to 
 the recorder and witnesses and conducts the examination of the latter. 
 (See sec. 437.) He records the finding and sentence and signs the 
 record. (See sec. 469.) The deck court officer shall not be a witness 
 either for the prosecution or for the defense. 
 
 THE RECORDER. 
 
 474. Personnel of. See act of February 16, 1909, section 3, quoted 
 on page 45. 
 
 475. Sworn to keep true record. The recorder shall be sworn to 
 keep a true record of the proceedings of a deck court. He is not 
 empowered to conduct any examination, of witnesses. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 251 
 
 ACCUSED. 
 
 476. Consent of accused necessary. When an enlisted man is brought 
 before the deck court for trial he shall signify his willingness to be so 
 tried by affixing his signature to a statement to that effect in the 
 record. If he objects to being so tried, "trial shall be ordered by 
 summary or general court-martial as may be appropriate." (Act of 
 Feb. 16, 1909, sec. 7.) But refusal of trial* by deck court shall not be 
 mentioned in the record of such latter court. (C. M. O. 24, 1909,3.) 
 
 477. Eight to appeal. See section 492. 
 
 OATHS. .umifeinirS .*8* 
 
 478. The deck court officer shall administer to the recorder the same 
 oath as prescribed for the recorder of a summary court-martial : 
 
 Oath for recorder. " Yon, A. B., do swear (or affirm) that you will 
 keep a true record of the evidence which shall be given before this 
 court and of the proceedings thereof." (A. G. N. 28.) 
 
 479. Each witness before a deck court must, prior to giving his 
 testimony, be sworn by the deck court officer as follows : 
 
 Oath for witnesses. " You do solemnly swear (or affirm) that the 
 evidence you shall give in the case now before this court shall be 
 the truth, the whole truth, and nothing but the truth, and that you 
 will state everything within your knowledge in relation to the 
 charges. So help you God (or, this you do under the pains and 
 penalties of perjury)." (A. G. N,41.) 
 
 .donsixi98 lo noft 1/09x3 .88 
 
 POSTPONEMENT. 
 
 . 480. The officer ordering the court shall determine when cases will 
 be brought to trial; but, whenever practicable, the trial shall take 
 place within 48 hours after the offense is committed. 
 
 . 
 
 PROCEDURE. 
 
 481. The general provisions laid down in Chapter XI and the 
 procedure as to the arraignment, pleading, and conduct of a trial by 
 summary court-martial therein prescribed, shall, in general and 
 where not inconsistent with the present chapter, apply to deck 
 courts. In taking down testimony adduced before a deck court, 
 however, the facts established by the testimony only need be re- 
 corded, and the same shall be submitted to the convening authority 
 on a separate sheet. 
 
 FINDING. 
 
 482. To be in handwriting of deck court officer. The finding should 
 never be typewritten, but shall be in the handwriting of the deck' 
 court officer. See section 439 under summary courts-martial, which 
 applies to deck courts. 
 
 26450 17 17 
 
252 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 PKEVIOUS CONVICTIONS. 
 
 483. Cases submitted for trial by deck court shall be accompanied 
 by record of previous convictions, or by a statement to the effect that 
 none such exists. When previous convictions are considered in deter- 
 mining the sentence, a note to that effect shall be entered upon the 
 record. (For convictions which may be considered in this connec- 
 tion, see sees. 327-329. ) 
 
 
 
 THE SENTENCE. 
 
 484. Punishments which may be imposed. See act of February 16, 
 1909, section 2, quoted on page 45. In computing 20 days' loss of pay, 
 fractions of a cent; as shown by the Navy pay tables, will be disre- 
 garded, and the lower whole number chosen as 20 days' pay. See 
 sections 441 to 449, under summary courts-martial, which, in gen- 
 eral and where consistent with the statutory restrictions on the pun- 
 ishments which a deck court may impose, apply to the sentences of 
 deck courts. Delay in the trial of an accused may be considered by 
 a deck court in adjudging sentence. 
 
 485. The sentence to be in the handwriting of the deck court officer. 
 The sentence shall never be typewritten, but shall be in the hand- 
 writing of the deck court officer. 
 
 REVIEWING AUTHORITY. 
 
 486. Execution of sentence. Upon the approval of the officer con- 
 vening a deck court, or his successor in office, the sentence may be 
 carried into effect. (Act of Feb. 16, 1909, sec. 4, quoted on p. 45.) , 
 When, in accordance with the provisions of section 469, the officer 
 empowered to order deck courts himself acts as deck court, the sig- 
 nature of such officer upon the record is sufficient without special 
 notation of approval. 
 
 487. Power to rtmit. See act of February 16, 1909, section 4, quoted 
 on page 45. 
 
 488. Order to pay officer. See section 464, under summary courts- 
 martial, which applies also to cases in which a deck court adjudges 
 a loss of pay. 
 
 489. Transcript for log and record. A transcript of a trial by deck 
 court shall be made and furnished for the log and record of the man 
 tried as in the case of a trial by summary court-martial. (See sec. 
 465.) 
 
 RECORD or PROCEEDINGS. 
 
 490. Certificate of medical officer. See section 364, which applies 
 also to cases in which a deck court sentences a man to solitary con- 
 finement on diminished rations for a period exceeding 10 days. 
 491. Certificate of pay officer. See section 464. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 253 
 
 492. Disposition of record. The record of a deck court shall, when 
 completed, be at once forwarded by the convening authority to the 
 Judge Advocate General. Should the accused desire to make an 
 appeal to the Secretary of the Navy within the period of 30 days, 
 as prescribed by law (act of Feb. 16, 1909, sec. 6, quoted on p. 46), 
 such statement as he may wish to make shall be submitted in writing 
 and appended to the record of testimony, separately therefrom, and 
 shall be forwarded therewith to the Navy Department (office of the 
 Judge Advocate General). As the Secretary of the Navy reviews 
 such, appeal, no action by any intermediate authority is required. 
 
 493. Testimony to. be forwarded only in cases of appeal. Except in 
 cases of appeal separate sheets containing the testimony of witnesses 
 called in a deck court should not be forwarded to the department as 
 a part of such records, as the testimony thus recorded is intended 
 only for the guidance of the convening authority in his approval or 
 disapproval of the finding and sentence. (C. M. O. 29, 1914, 3.) 
 

 
 lo 
 
 . 
 
 
 
 
 
XIII. 
 
 COURTS OF INQUIRY. 
 
 (A. G. N., 55 to 60, and 
 
 subsequent statutory enactments 
 
 cited thereunder.) 
 
 255 
 
.nrz 
 
 A) 
 
 . 
 
COURTS OF INQUIRY. 
 
 Page. 
 
 When convened 257 
 
 Convening authority. . 258 
 
 Constitution _ 238 
 
 Precept 259 
 
 The president 251J 
 
 The judge advocate 260 
 
 Parties to the inquiry : 200 
 
 Clerk, stenographer, interpreter Orderly 261 
 
 Procedure 261 
 
 Oaths 263 
 
 Findings and opinion il 263 
 
 Record of proceedings 264 
 
 Revision 265 
 
 Reviewing authority 265 
 
 Dissolution.. 265 
 
 . 
 
 Inquiry into the loss or grounding of a ship 265 
 
 H J 
 
 WHEN CONVENED. 
 
 494. Purpose. In important cases, where the facts are various 
 and complicated, where there appears to be ground for suspecting 
 criminality, or where crime has been committed, or much blame 
 incurred without any certainty on whom it ought chiefly to fall, 
 a court of inquiry affords the best means of collecting, sifting, 
 and methodizing information for the purpose of enabling the con- 
 vening authority to decide upon the necessity and expediency of 
 further judicial proceedings. But the proceedings of a court of 
 inquiry are in no sense a trial of an issue or of an accused person. 
 The court performs no real judicial function; it is convened only 
 for the purpose of informing the convening authority in a pre- 
 liminary way as to the facts involved in the inquiry. (C. M. O. 7, 
 1914 6 ) 
 
 495. When to be convened. Officers so empowered are expected, 
 on the occurrence of any matter serious enough in their judgment 
 to require thorough investigation, to order a court of inquiry as 
 soon as practicable. Among such occurrences are included the fol- 
 lowing : 
 
 496. Accident involving loss of life. Whenever an accident involv- 
 ing loss of life of any person or persons occurs on board a vessel of 
 the Navy, at a navy yard or naval station, or elsewhere within the 
 jurisdiction of the Navy Department, or whenever such accident 
 
 257 
 
258 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 occurs elsewhere and it is possible that any person in the naval 
 service is in any degree responsible therefor, a court of inquiry shall 
 be ordered to investigate fully and report upon the circumstances 
 connected therewith and to give an opinion in regard thereto. This 
 court of inquiry shall be in addition to the board of inquest pre- 
 scribed in section 596. The court of inquiry shall in every such case 
 ascertain whether the loss of life was due in any manner to the fault, 
 negligence, or inefficiency of any person or persons in the naval 
 service or connected therewith ; and, if so, the names of such person 
 or persons, and to what extent the fault, negligence, or inefficiency 
 thereof contributed to the accident or to the results thereof. In 
 every case where the deceased was in the naval service or connected 
 therewith, the court shall carefully investigate and state in the record 
 whether, in its opinion, his death was due to disease contracted, or 
 casualties or injuries received while in the line of his duty and not 
 the result of his own misconduct ; and the court shall set forth fully 
 the reasons for its conclusion. (See sees. 609-613 defining "line of 
 duty" and "misconduct.") The flag officer, commandant, or senior 
 officer present shall at once order the board of inquest when such an 
 accident occurs, and, if authorized by law to do so, the court of 
 inquiry prescribed by this section. If he is not empowered to order 
 a court of inquiry, he shall immediately forward the report of the 
 board of inquest to the next superior in command who is so empow- 
 ered, who will convene the requisite court of inquiry as soon there- 
 after as practicable. 
 
 497. Cases involving serious damages. Officers so empowered shall 
 cause investigation to be made by a court of inquiry of all serious 
 cases of collision, grounding, fire, accidents to hull, spars, machinery, 
 and boilers, or other important casualties which they deem necessary 
 to be investigated. (See sees. 546-554 for cases involving the loss 
 or grounding of a ship.) And they shall also cause investigation 
 to be made by a court of inquiry of any marked deficiency affecting 
 the battle efficiency of a vessel under their command or its readiness 
 for service. When, under the circumstances set forth herein, a court 
 of inquiry can not be convened, a board of investigation must be 
 ordered. (See Chap. XVI.) ^nO.^nsvnoo so* ot narfW 
 
 CONVENING AUTHORITY. 
 
 ai }o j" 
 
 498. Who may order. See article 55, A. G. N., as affected by the 
 
 act of August 29, 1916, quoted thereunder. 
 
 OoN^TTTTTTTrVfr "%K-ivlQViii tnsbiooA 
 
 ^}i[ lo 
 
 499. Constitution. See article 56, A. G. N. 
 
 500. Rank and corps of members. The composition of the court, 
 both in regard to the rank of its members and the corps to which they 
 
INSTRUCTIONS -FOR COURTS AND BOARDS. 259 
 
 belong, shall be regulated by the circumstances to be inquired into. 
 In case the conduct or character of an officer may be implicated in 
 the investigation, no member of the court shall, if practicable, be his 
 junior in rank. And should such officer not be of the line, it is 
 proper, if the exigencies of the service permit, that one or more offi- 
 cers of the corps to which he belongs be detailed for duty on the court. 
 
 501. Less than three members may legally constitute a court of in- 
 quiry. The provision of article 56, A. G. N., that " a court of inquiry 
 shall consist of not more than three commissioned officers as members " 
 is not construed as requiring three members to constitute such court. 
 Courts of inquiry consisting of but one member have been held to be 
 legally constituted. (See Ct. Inq. Rec. No. 5864; 6333.) But, should 
 the number of members named in the order convening the court be 
 reduced, the court can not proceed without authority from the officer 
 who convened it. 
 
 502. Challenge of a member. A member of a court of inquiry may 
 be challenged for cause by any party to the inquiry. (See sec. 523.) 
 
 PRECEPT. 
 
 503. The precept of a court of inquiry shall, in addition to naming 
 the membership of the court and setting the time and place of meet- 
 ing, state clearly and concisely the matter that is to be inquired 
 into and shall contain explicit instructions as to what the report of 
 the court thereon shall include and as to any other matters relative 
 to the procedure of the court regarding which instructions are deemed 
 necessary. Neither the record of a board, previously held in refer- 
 ence to the same subject matter, nor papers of any kind shall be at- 
 tached to or made a part of the precept of a court of inquiry. Such 
 records or papers may, however, as a separate matter, be sent to the 
 judge advocate for the purpose of assisting him to bring out all the 
 facts in regard to the matter under inquiry. The precept of such 
 court shall also specifically name, as defendants and interested par- 
 ties, all persons who appear to be such from the outset. (See sec. 
 539.) 
 
 THE PRESIDENT. 
 
 504. Duties of. It is the duty of the president of a court of inquiry 
 to administer the oath to the judge advocate and to the witnesses, to 
 preserve order, to decide upon matters relating to the routine of busi- 
 ness, and to adjourn the court as, in his judgment, will be most con- 
 venient and proper for the transaction of the business before it ; but 
 should objection be made by any member of the court to an adjourn- 
 ment announced by the president, the question shall be submitted to 
 and decided by the court. 
 
260 INSTRUCTIONS FOB COUNTS AND BOARDS. 
 
 THE JUDGE ADVOCATE. 
 
 505. Duties of. It is the duty of the judge advocate of a court of 
 inquiry 
 
 (a) To summon all the witnesses required for the investigation 
 and to lay before the court a list of them. (See sees. 122-132.) 
 
 (b) To administer the oath or affirmation to the members of the 
 court. 
 
 (c) To record the proceedings of the court under its direction and 
 control, and to make up the record. (See Chap. VII.) 
 
 (d) To conduct the examination of witnesses. (See sees. 133-177.) 
 
 (e) To assist the court in systematizing the information it may 
 receive, to minute in the proceedings the opinion of the court, if 
 called fo#, and to render to the court such assistance as will enable 
 it to lay all the circumstances of the case before the convening 
 authority in a clear and explicit manner. 
 
 (/) In conjunction with the president of the court, to authenticate 
 the proceedings by his signature. 
 
 (g) In general he is the prosecutor of the case and is responsible 
 for bringing out all the facts. 
 
 PARTIES TO THE INQUIRY. 
 
 506. Complainant. When a court of inquiry is ordered to inquire 
 
 , into the facts in connection with the accusations or complaint made by 
 any person to the convening authority, such person is known as the 
 complainant and may be allowed to remain in court during the in- 
 quiry and make suggestions to the judge advocate. 
 
 507. Defendant and interested party. A person whose conduct is 
 the subject of investigation before a court of inquiry is a defendant 
 to the proceedings of such court ; a person against whom there stands 
 no accusation but who may become involved or may be otherwise 
 interested in the outcome of such investigation is an interested party 
 thereto. Should it at any time during the course of the inquiry ap- 
 pear that an interested party becomes involved in such a way that 
 an accusation against him may be implied, it is the duty of the court 
 to inform such party that his status has changed to that of defend- 
 ant. It is the right of both a defendant and an interested party to 
 be present at the inquiry. 
 
 508. Counsel or friends to parties allowed to be present. The com- 
 plainant and all defendants or interested parties before a court of 
 inquiry may be allowed to have friends or counsel present during 
 open court. 
 
 509. Officer or enlisted man under investigation may be excused from 
 duty. An officer or enlisted man whose conduct is to be investigated 
 by a court of inquiry need not necessarily be held in detention for 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 261 
 
 that purpose. He may, however, if necessary, at his own request, be 
 excused by his superior or commanding officer from other duty 
 during such an investigation. 
 
 510. Duty of convening authority to parties to inquiry. The conven- 
 ing authority should cause to be notified the. complainant (if any) 
 and any persons who appear from the outset to be defendants or 
 interested parties to the inquiry of their right to be present during 
 the investigation. 
 
 511. When proceedings indicate interested parties. If it should ap- 
 pear at any stage of the proceedings of a court of inquiry that any 
 person or persons, not named as interested parties or defendants from 
 the outset, are implicated in the matter under investigation in such a 
 way as to make them interested parties or defendants thereto, they 
 should be called before the court, informed of all the evidence that 
 tends to implicate them, and instructed as to their right to be present 
 and be represented by counsel. (See, in this connection, sec. 507.) 
 
 512. Rights of defendant and interested party. A defendant shall, 
 at his own request but not otherwise, be a competent witness. (20 
 Stat., 30.) An interested party may be required to testify, but in 
 every case a witness may decline to answer any question which tends 
 to incriminate himself. See article 59 A. G. N. as to the rights of 
 parties in connection with the examination of witnesses. It is also 
 the right of a defendant or interested party, if he so desires, to make 
 a statement to the court in regard to his connection with the subject 
 matter of the inquiry. As to further rights of such party see sees. 
 507, 508, and 513. ' 
 
 513. Parties may introduce evidence. When the judge advocate has 
 introduced all the evidence on the part of the Government, the com- 
 plainant, defendant, and interested parties, if any, may introduce 
 evidence in the same manner as the accused in a court-martial. 
 
 CLERK STENOGRAPHER INTERPRETER ORDERLY. 
 
 514. Employment of clerk, stenographer, or interpreter. With the 
 sanction of the convening authority, a court of inquiry may avail 
 
 itself of the services of a clerk, stenographer, or interpreter, but such 
 person or persons shall be sworn, and shall not be allowed to be 
 present in closed court. 
 
 515. Detail of orderly. At the request of the judge advocate of the 
 court, the commanding officer of the immediate command within 
 which the court is to sit shall direct an orderly to attend upon its 
 meetings and execute its orders. 
 
 PROCEDURE. 
 
 516. Rule of assembling. Courts of inquiry shall assemble at the 
 place and, as nearly as practicable, at the time named in the order 
 
262 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 convening them, but may adjourn, when desirable, to such place as 
 may be convenient to the inquiry. 
 
 517. Need not meet daily. Courts of inquiry, unlike general courts- 
 martial, need not meet from day to day, but have power to adjourn 
 for such period as may be necessary, without requesting permission 
 of the convening authority. 
 
 518. Court closed for consideration of preliminary matters. The court 
 on first assembling is usually closed until the order constituting it, 
 and the instructions contained therein (see sec. 503), are read and the 
 mode of procedure has been decided upon. 
 
 519. Open or closed court. Whether the investigation shall be held 
 in opefi court or closed court must depend upon the nature of the mat- 
 ter to be investigated, and, if not specified by the convening authority 
 shall be decided by the court. 
 
 520. Judge advocate does not withdraw when court is closed. The 
 judge advocate of a court of inquiry does not withdraw when the 
 court is cleared. 
 
 521. Parties introduced. After the mode of procedure has been 
 decided upon by the court, the complainant, defendants, and inter- 
 ested parties, if any, should be called before the court and the pre- 
 cept should be read by the judge advocate. 
 
 522. When there is no defendant or interested party. When the 
 court is convened to inquire into certain facts, and no person is 
 placed in the position of defendant or interested party, all that re- 
 lates to such party in the procedure will necessarily be omitted. 
 
 523. Challenge of member. In the case of challenge of a member 
 the procedure is the same as laid down for general courts-martial. 
 (See sees. 277-282.) 
 
 524. Witnesses. When the court is ready to proceed with the in- 
 vestigation, the witnesses shall be called before it separately, sworn 
 by the president, and examined. (See A. G. N. 57.) For rules gov- 
 erning the attendance and examination of witnesses and the introduc- 
 tion of evidence see Chapter VIII. 
 
 525. Parties to inquiry may introduce evidence. See section 513. 
 
 526. Statements and arguments. Arguments may be made or state- 
 ments submitted by the parties to the inquiry in accordance with 
 the procedure laid down .under general courts-martial. (See sees. 
 311-317.) 
 
 527. Proceedings and instructions to be examined. After all the evi- 
 dence is in and statements and arguments, if any, have been received, 
 the court should be cleared, the proceedings read over, and the 
 instructions contained in the order by which the court is constituted 
 should be carefully examined and scrupulously followed. 
 
 ; 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 263 
 
 OATHS. 
 
 528. To members. The judge advocate, or person officiating as 
 such, shall administer to the members the following oath or affirma- 
 tion : 
 
 " You, A. B., C. D., E. F., do swear (or affirm) well and truly to 
 examine and inquire, according to the evidence, into the matter now 
 before you, without partiality." (A. G. N. 58.) 
 
 529. To the judge advocate. When the oath has been administered 
 to the members of a court of inquiry, the president of the court shall 
 administer to the judge advocate, or person officiating as such, the 
 following oath or affirmation : 
 
 " You, A. B., do swear (or affirm) truly to record the proceedings 
 of this court and the evidence to be given in the case in hearing." 
 (A. G. N. 58.) 
 
 530. To witnesses. When the court is ready to proceed with the 
 investigation, the witnesses shall be called before it separately, and 
 the president of the court shall administer to each the following 
 oath (or affirmation) : 
 
 " You, A. B., do solemnly swear (or affirm) that the evidence you 
 shall give in the case now before this court shall be the truth, the 
 whole truth, and nothing but the truth, and that you will state every- 
 thing within your knowledge in relation to the matter under inquiry, 
 so help you God (or this you do under the pains and penalties of 
 perjury)." (A. G. N. 41.) 
 
 531. To stenographer. Administered by the judge advocate: 
 "You, A. B., swear (or affirm) faithfully to perform the duty of 
 
 stenographer (clerk) in aiding the judge advocate to take and record 
 the proceedings of the court, either in shorthand or in ordinary 
 manuscript." 
 
 532. To interpreter. Administered by the judge advocate : 
 
 " You, A. B., swear faithfully and truly to interpret or translate 
 in all cases in which you shall be required so to do between the United 
 States and the party whose conduct is the subject of this inquiry or 
 in the matter under inquiry." 
 
 FINDINGS AND OPINION. 
 
 533. Findings and opinion, if required. After mature deliberation on 
 the testimony recorded during the inquiry, the court shall proceed to 
 report the facts, and, if so directed, an opinion on the merits of the 
 case and the propriety or expediency, or otherwise, of further action. 
 (See A. G. N. 57.) If the court should be of the opinion that further 
 proceedings should be had in the matter, it should state what pro- 
 ceedings and include in its report the name of the person or the 
 persons against whom such proceedings should be had. and the 
 
264 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 specific matter upon which such proceedings should be had. (See 
 sec. 496 in connection with the findings and opinion of a court of 
 inquiry on an accident involving loss of life.) 
 
 534. Facts defined. When a court is required to report facts, it is 
 not to be understood that the bare record of the testimony is meant, 
 but also the result and conclusion of the court from hearing the 
 evidence. 
 
 535. Opinion of court not to be disclosed. It is held to be a breach 
 of discipline on the part of any member of a court of inquiry to 
 disclose or publish the opinion either of the court or of the indi- 
 vidual members thereof without the sanction of the officer to whom 
 the proceedings have been submitted. 
 
 536. Finding and opinion may be typewritten. The finding and 
 opinion of a court of inquiry need not be in the handwriting of the 
 judge advocate, but may be typewritten. 
 
 537. Minority report. If a member does not concur with the find- 
 ings or opinion of the court, he shall append his reasons for dissent 
 and subscribe his name thereto. The report of the court shall be 
 based upon the opinion of the majority. 
 
 EECOKD OF PROCEEDINGS. 
 
 
 538. Making up the record. See instructions laid down in Chap- 
 ter VII. 
 
 539. Precept to be prefixed to original copy of the proceedings. The 
 original of the order constituting a court of inquiry shall be prefixed 
 to the original copy of the proceedings. 
 
 540. Authentication of proceedings. The proceedings of a court of 
 inquiry must be authenticated by the signatures of the president and 
 the judge advocate of the court (A. G. N., 60) ; they are then to be 
 submitted to the convening authority for his consideration, after 
 which the court may adjourn temporarily to await his further in- 
 structions. 
 
 541. Record Number of copies Disposition after convening authority 
 has acted thereon. In cases in which no material is involved the 
 original copy of the proceedings of a court of inquiry is all that is re- 
 quired. After action thereon by the convening authority it shall be 
 forwarded direct to the office of the Judge Advocate General. But in 
 cases in which the alteration, repair, or loss of material is involved, 
 there shall be made, in addition to the original, a partial copy cover- 
 ing material. The original shall be complete in every particular and 
 shall be plainly marked " Original " at the top of the title page. 
 The copy shall include all evidence in regard to the material con- 
 cerned and so much of findings and opinion as relates to material 
 alone such parts as relate to disciplinary action being omitted from 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 265 
 
 this copy. Such partial copy shall be plainly marked at the top 
 of the title page " Partial copy covering material." Both, the 
 original and the partial copy are forwarded by the convening author- 
 ity to the office of the Judge Advocate General, from which office 
 the original copy dealing with disciplinary features is referred to 
 the Bureau of Navigation and the partial copy covering material 
 is referred to the Chief of Naval Operations (Material). In c^ses 
 in which copies other than those mentioned herein are desired, the 
 convening authority shall so direct in the letter ordering the court. 
 When the Secretary of the Navy is the convening authority the copies 
 required herein shall be sent by the court direct to the office of the 
 Judge Advocate General. 
 
 542. Parties to the inquiry not entitled to copies of the proceedings. 
 No party to the inquiry can demand a copy of the proceedings. The 
 evidence, findings, and opinion, of whatever nature, are intended 
 
 only for the officer ordering the court. 
 
 -jjs^ddf f TdiftsrfW .158 
 
 REVISION. 
 
 . 
 
 543. New evidence admissible in revision. The proceedings of a court 
 of inquiry may be revised as often as the convening authority may 
 deem necessary. New evidence may be received and recorded on 
 every such revision, and any of the previous witnesses may be re- 
 called and reexamined with a view to eliciting further information, 
 provided, in either case, that all parties to the inquiry are present, 
 if they so desire. 
 
 REVIEWING AUTHORITY. 
 
 
 
 544. Courts of inquiry records are reviewed by the convening 
 authority, who shall take such further action upon the matters dis- 
 closed by the inquiry as he may deem appropriate or shall submit the 
 proceedings to the Secretary of the Navy at the earliest opportunity 
 in order that the latter may take such action thereon as may be ad- 
 visable. (See sec. 541.) 
 
 -r^ 
 
 DISSOLUTION. 
 
 545. The court is dissolved by order of the convening authority. 
 
 .baiii/psi ad oJ idolSo ^nibn-Bfliinoo aiw 10 tioqai 
 
 INQUIRY INTO THE Loss OR GROUNDING OF A SHIP OF THE 
 
 N AVY . 
 
 546. Whenever a court is appointed to inquire into the cause of the 
 loss of a ship, or of her having touched the ground, the following 
 points, as far as pertinent, are invariably to be included in the 
 investigation : 
 
266 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 547. Documentary evidence to be required. The rough log book, 
 commanding officer's night order book, and the chart by which the 
 ship was navigated, or one of the same, must, if practicable, be pro- 
 duced in court. 
 
 548. Latest determination of ship's position. The court shall in- 
 vestigate whether the proper chart, provided by the Navy Depart- 
 ment, was used ; whether the position of the ship at the last favorable 
 opportunity was accurately determined, by observation or otherwise ; 
 and, if not, when it was last accurately ascertained. 
 
 549. Log book to be examined. The court shall also determine 
 whether the courses steered and the distances run on the day before 
 
 -the ship grounded were correctly inserted in the log book ; also, when 
 the error for local deviation was last obtained. 
 
 550. When land was made. If land was made, and the distance 
 estimated before the ship struck, it is to be ascertained what steps 
 were taken during the time it was in sight to correct the ship's run. 
 
 551. Whether instructions have been obeyed. The court shall rigidly 
 investigate the manner in which the instructions contained in the 
 regulations, to officers commanding ships on approaching land, were 
 observed. 
 
 552. Examination of the ship's position. Some competent officer not 
 attached to the ship, the loss or grounding of which may be the sub- 
 ject of inquiry, shall be directed to work up the reckoning of that 
 ship from the data obtained from her navigating officer, to enable the 
 court to fix the true position of the ship at the time of her taking the 
 ground. The officer appointed to perform this duty shall submit 
 to the court in writing, attested by his signature, the result of his 
 work, to the accuracy of which he shall be sworn. The position 
 of the ship so determined shall be laid off on the chart by which 
 she was navigated, as also her position when ashore, as determined 
 by cross bearings taken from the log book. The rate and direction 
 of the tide stream and the time of tide shall be stated, if possible. 
 
 553. Documents to accompany the record. Any of the documents 
 referred to in sections 547 and 552 which were used in the inquiry, 
 with an attested extract from the log, commencing at least 48 hours 
 before the ship touched the ground, if pertinent, are to accompany 
 the record of the court. 
 
 554. Official report of the commanding officer to be required. When- 
 ever inquiry is made into the loss of a ship, the court shall call for 
 the official report of the commanding officer of such ship, containing 
 the narrative of the disaster, and this report shall be read in court in 
 the presence of the commanding officer and of such of the surviving 
 officers and crew as can be assembled, and shall be appended to the 
 record. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 267 
 
 555. Questions to be asked by the court. After these survivors have 
 been sworn as witnesses, the following questions shall be put to them 
 by the court: (1) (To the commanding officer) "Is the narrative 
 just read to the court a true statement of the loss of the United 
 
 States ship ? " (2) (To the commanding officer) " Have you 
 
 any complaint to make against any of the surviving officers and crew 
 of the said ship on that occasion? " (3) (To the surviving officers 
 and crew) "Have you any objections to make in regard to the nar- 
 rative just read to the court, or anything to lay to the charge of 
 any officer or man with regard to the loss of the United States 
 ship- _? 
 
 26450 17 18 
 

 
XIV. 
 
 GENERAL INSTRUCTIONS GOVERNING THE 
 PROCEDURE OF BOARDS. 
 
 269 
 

 
 fioiTouaiOT 
 
 MHAOS 'W MlKK'IQOH'l 
 
btsod lo ^loqaH isbiobaJBL .895 
 
 GENEKAL INSTRUCTIONS GOVEENING THE PRO- 
 CEDURE OF ALL BOARDS. 
 
 556. Precedence of members. Officers on boards shall take their seats 
 in the same order of rank or seniority as on courts-martial. (See 
 sec. 236.) 
 
 557. Duties of senior member. The senior member or president of a 
 board shall preserve order, decide upon matters relating to the rou- 
 tine of business, such as recess, and may adjourn the board from day 
 to day, at and to such hours as in his judgment will be most con- 
 venient and proper for the transaction of the business before it ; but 
 should an objection be made by any other member of the board to a 
 recess or adjournment announced by the senior member, a vote shall 
 be taken with regard to it, and the decision of the majority shall 
 govern. 
 
 558. Quorum necessary. No board shall transact any business other 
 than an adjournment unless a majority of the members be present, 
 except when the officer ordering the board so authorizes. 
 
 559. Unauthorized absence forbidden. No member of a board shall 
 fail in his attendance at the^ appointed times, unless prevented by 
 illness or by some insuperable difficulty, ordered away by competent 
 authority, or excused by the officer ordering the board, except that a 
 short temporary absence may be allowed by the senior member of the 
 board ; nor shall a member leave the vicinity of the place at which a 
 board is assembled, unless authorized to do so by the officer who 
 convened it, or by his superior. 
 
 560. Absence reported. In case of absence of a member the senior 
 officer present of the board shall inform the officer ordering the board 
 of the fact, and also of the reasons for the absence, if known to him, 
 in order that the vacancy may be filled, if such officer deems necessary. 
 
 561. Members voting after absence. A member absent during the 
 investigation of any matter or case shall not vote upon a decision 
 with regard to it, unless, if necessary to arrive at a conclusion, a rein- 
 vestigation take place in the presence of that member and of the 
 interested parties. 
 
 562. Interpreter. A competent officer of any branch of the service 
 will be added, if necessary, to any board by which candidates are to 
 
 271 
 
272 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 be examined in a foreign language, or before which an investigation 
 may take place wherein the services of an interpreter may be required. 
 
 563. Recorder Report of board. A competent person may be ap- 
 pointed by the officer who orders the board to record its transactions 
 and, under its direction, to draw up the report of the board, which 
 shall be based upon the opinion of the majority. This report shall 
 be signed by all the members who concur. (See sec. 565.) 
 
 564. Junior member to act as recorder when none is appointed. In 
 case a recorder has not been designated in the convening order, the 
 junior member shall act as recorder; but, in that event, the report, 
 based upon the opinion of the majority, shall be drawn up by the 
 senior member and shall be signed as provided for above. 
 
 565. Nonconcurring members. Those members who do not concur 
 with the report of the board shall append their reasons for dissent 
 and subscribe their names thereto. 
 
 566. Findings and opinion not to be disclosed. Neither the findings 
 nor opinion of a board or investigation shall be disclosed without 
 proper authority. (See sec. 535.) 
 
 567. Findings and opinion may be typewritten. The findings and 
 opinion of a board or investigation may be typewritten. 
 
 NOTE. The instructions contained in the following chapters govern the pro- 
 cedure of all boards in the Navy, except those that are administrative rather 
 than judicial in character, such as boards of survey, boards of medical survey, 
 boards of selection for promotion, and certain boards organized for the pur- 
 pose of inquiry and report in regard to administrative features. Types of the 
 special boards last alluded to are such boards as the tire-control board and the 
 personnel board convened at times at the Navy Department; the procedure of 
 such boards will be governed largely by the character of the matter to be 
 inquired into and such special instruction as they may receive in each case. 
 
 
 ' 
 
 .fcataoqet aonsatfA .Odd 
 
 "aoxisacte isttJ? -guttov rwdmaM .185 
 
 
 . 
 
 JSTd'KriSjfll .AC 
 
XV. 
 INVESTIGATION. 
 
 273 
 
 
w : 
 

 
 . 
 
 rroob flaqo 10 JteaoID bsJoiKbttoo woH- it; :*! .TS 
 
 INVESTIGATION. 
 
 568. By whom ordered and how constituted. A senior officer present, 
 who is not empowered to order courts of inquiry, or one who is so 
 empowered and considers that the interests of the service will be bet- 
 ter served by an investigation as set forth herein, may order one 
 officer to conduct an investigation for the purpose of inquiring into 
 any matter in regard to which the Navy Department should be 
 mformed. 
 
 569. Authority for such investigation. The authority for such in- 
 vestigation is based upon section 183, Revised Statutes, as amended 
 by the act of February 13, 1911 (36 Stat., 898), which reads as 
 follows : 
 
 Any officer or clerk of any of the departments lawfully detailed to investigate 
 frauds on, or attempts to defraud, the Government, or any irregularity or mis- 
 conduct of any officer or agent of the United States, and any officer of the Army, 
 Navy, Marine Corps, or Revenue-Cutter Service, detailed to conduct an investi- 
 gation, and the recorder, and if there be none, the presiding officer of any 
 military, naval, or Revenue-Cutter Service board appointed for such purpose, 
 shall have authority to administer an oath to any witness attending to testify 
 or depose in the course of such investigations. 
 
 570. Precept. The precept, or letter to the investigating officer, 
 shall refer to the above statutory authority and shall supply such 
 officer with the instructions and information necessary to the con- 
 duct of the investigation, for which latter purpose reference may 
 be made to attached papers. It shall also name the parties to the in- 
 vestigation. 
 
 571. Power to administer oaths. The above act (see sec. 569) ex- 
 pressly gives an investigating officer, detailed in accordance with 
 its terms, authority to administer oaths. 
 
 572. Oath to stenographer. The following oath shall be adminis- 
 tered by the investigating officer to the stenographer (clerk) if any 
 be detailed: 
 
 " You, A. B., swear (or affirm) faithfully to perform the duty 
 of stenographer (clerk) in taking and recording the proceedings of 
 the investigation, either in shorthand or in ordinary manuscript." 
 
 573. Oath to witness. The following oath shall be administered 
 by the investigating authority to witnesses: 
 
 " You, A. B., do solemnly swear (or affirm) that the testimony you 
 
 shall give in the matter of now in hearing shall be the truth, 
 
 275 
 
276 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 the whole truth, and nothing but the truth, so help you God (or, this 
 you do under the pains and penalties of perjury)." 
 
 574. Investigation How conducted Closed or open doors. Whether 
 the investigation shall be conducted with closed or open doors must 
 depend on the nature of the matter to be examined, and, if not 
 specified by the officer ordering the investigation, shall be decided 
 by the investigating officer. 
 
 575. Rights of parties to the investigation. The parties to the in- 
 vestigation have the same rights as the parties to a court of inquiry. 
 (See sees. 506-513.) 
 
 576. Summoning witnesses. Sections 11 and 12 of the act of Feb- 
 ruary 16, 1909, quoted under article 42, A. G. N., do not give an 
 investigating officer the power accorded to general courts-martial 
 and courts of inquiry to compel the attendance of civilian witnesses. 
 The attendance of a civilian witness before an investigation is, there- 
 fore, not compellable, and the provisions of section 422 in regard 
 thereto apply. (For general instructions governing the summoning 
 of witnesses see sees. 122-132. ) 
 
 577. Procedure. In general the procedure laid down for courts of 
 
 .,, !, I /C-l V-t/ K^AT \ 
 
 inquiry will be followed. (See sees. 516-527.) 
 
 578. Findings. After mature deliberation on the evidence intro- 
 duced during the investigation, the investigating officer shall report 
 the facts found to be established. He shall not, unless so directed by 
 the officer who ordered the investigation, give an opinion on the 
 merits of the case. Ordinarily such opinion should not be requested 
 in view of the fact that but one officer constitutes such investigation. 
 
 579. Record of proceedings. See sections 538-542 under courts of 
 inquiry, which in general apply to the record of an investigation. 
 The provisions of section 541 in regard to the disposition of the 
 records of courts of inquiry apply to the records of investigations, 
 except that in the case of an investigation conducted by an officer 
 or by a civilian official or clerk, in regard to a subject not pertain- 
 ing to the naval service, the report shall be in duplicate and shall 
 be forwarded direct to the Secretary of the Navy (Office of the 
 Solicitor). 
 
 580. Revision. See section 543 under courts of inquiry, which ap- 
 plies to an investigation. 
 
 581. Reviewing authority. See section 544 under courts of in- 
 quiry, which applies to an investigation. (See sec. 579 as to disposi- 
 tion of record.) 
 
 
 
 - 
 
XVI. 
 BOARDS OF INVESTIGATION. 
 
 277 
 
BOARDS OF INVESTIGATION. 
 
 582. By whom ordered. A senior officer present, who is not em- 
 powered to order courts of inquiry, may order a board of investi- 
 gation. Also an officer who is empowered to order a court of inquiry 
 may, under the circumstances hereinafter mentioned, order a board 
 of investigation. 
 
 583. When ordered. A board of investigation should be ordered 
 to investigate any casualty, occurrence, or transaction in regard to 
 which the department should be informed and under the circum- 
 stances set forth in section 497, when the senior officer present 
 is not empowered to order courts of inquiry, or when the senior 
 officer present, if so empowered, deems it advisable to order such 
 board in lieu of a court of inquiry. 
 
 In case of collision with merchant vessels. In the event of a colli- 
 sion between a ship of the Navy and a merchant vessel so serious or 
 under such circumstances as not to admit of immediate repair with 
 the resources at hand, and therefore likely to involve damages, a 
 board of investigation shall be ordered by the senior officer present 
 to ascertain all the attendant circumstances, injuries received by the 
 merchant vessel, probable amount of damages, and which of the 
 ships is responsible for the accident ; and the master of the merchant 
 vessel concerned shall be notified of the time and place of meeting 
 of the board and informed that the officers and men of his vessel will 
 be given a hearing by the board, if such hearing is desired. For 
 instructions concerning the preparation and forwarding of the re- 
 port of such board see section 593. (For additional steps to be 
 taken in such cases see Naval Instructions, 1913, 1-941.) 
 
 584. Constitution. A board of investigation shall consist of three 
 officers as members. A separate recorder may be detailed at the dis- 
 cretion of the officer ordering the board. (See sees. 563 and 564.) 
 
 585. Precept. The precept or convening order, in addition to 
 naming the membership of the board and setting the time and place 
 of meeting, shall state clearly and concisely the matter that is to be 
 investigated and what the report of the board thereon shall include. 
 See section 503, which in general applies to the precept for a board 
 of investigation. 
 
 279 
 
280 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 586. Powers of a board of investigation. Boards of investigation, 
 although they shall collect material information from apparent or 
 known facts, or from written evidence which they may possess, and 
 shall record the declarations of persons examined before them, will 
 not take testimony under oath except in important cases in which the 
 order convening the board expressly states that such board is author- 
 ized to administer oaths to witnesses in accordance with section 183 
 of the Revised Statutes, as amended by the act of February 13, 1911 
 (36 Stat., 898), quoted in section 569. 
 
 587. Oaths. When a board of investigation is expressly empowered 
 to administer oaths, the oaths given in sections 572 and 573 shall be 
 administered by the recorder. 
 
 588. Investigation How conducted Closed or open doors. See sec- 
 tion 574, which applies to a board of investigation. 
 
 589. Rights of parties to the investigation. The parties to an in- 
 vestigation conducted by a board of investigation have the same 
 rights as the parties to a court of inquiry. (See sees. 506-513.) 
 
 590. Summoning witnesses. See section 576, which applies to boards 
 of investigation. 
 
 591. Procedure. In general the procedure laid down for courts of 
 inquiry will be followed. (See sees. 516-527.) Boards of investiga- 
 tion, however, do not ordinarily, except as noted in section 586, 
 take testimony under oath, and the statements of unsworn witnesses 
 before such board shall be recorded as declarations. 
 
 592. Findings and opinion. The board, after mature deliberation, 
 shall make a report of its findings, stating fully, clearly, and as con- 
 cisely as possible all tne facts of the case. When required by the 
 order convening it, the board will give its opinion as to the merits of 
 the case. Such opinion should be recorded immediately after the 
 facts which have been established. (See sees. 563-567.) 
 
 593. Record of proceedings. See sections 538-542 under courts of 
 inquiry, which in general apply to the record of a board of inves- 
 tigation.' The provisions of section 541 in regard to the disposition 
 of the records of courts of inquiry in general apply to the records of 
 boards of investigation, but when a board is ordered to investigate a 
 collision with a merchant vessel (see sec. 583) the report of such 
 board should be prepared in quadruplicate one copy to be for- 
 warded without delay to the Navy Department, one retained by the 
 senior officer present, one furnished to the commanding officer of 
 the naval vessel concerned, and the remaining copy given to the 
 master of the merchant vessel, provided that the officers and crew 
 thereof who were witnesses to the collision shall have testified be- 
 fore the board. When repairs have been effected on the spot, a 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 281 
 
 certificate of the fact shall be taken from the master and forwarded, 
 through the commander in chief, to the Secretary of the Navy. 
 
 594. Revision. See section 543 under courts of inquiry, which 
 applies to a board of investigation. 
 
 595. Reviewing authority. See section 544 under courts of inquiry, 
 which applies to a board of investigation. (See sec. 593 as to the 
 disposition of record.) 
 

XVII. 
 
 . BOARDS OF INQUEST 
 
 AND 
 
 LINE OF DUTY" AND "MISCONDUCT 
 CONSTRUED. 
 
 26450 17 19 283 
 
.II 
 
 . 
 
 
 
 raooaiM" a rua 10 mi 
 
BOARDS OF INQUEST. 
 
 596. By whom and when ordered. In all cases of death occurring 
 in the Navy as the result of an accident, or attended with unnatural 
 or suspicious circumstances, the senior officer present shall order a 
 board of inquest to assemble and investigate the matter. (See sec. 
 
 496. y 
 
 597. Constitution. Such boards shall be composed of not less than 
 three commissioned officers, of whom one at least shall be of the 
 Medical Corps. A separate recorder may be detailed at the dis- 
 cretion of the officer ordering the board. (See sees. 563 and 561.) 
 
 598. Precept. The precept or convening order names the member- 
 ship of the board and states the matter to be investigated. 
 
 599. Oaths not authorized. Neither the members of the board nor 
 any person that may be examined shall be sworn. 
 
 600. First duty of the board. The board shall, after convening, 
 first proceed to the spot where the body has been found, or where it 
 may be, identify it, examine into its condition, and note its surround- 
 ings, for the purpose of discovering if possible some evidence that 
 may tend to throw light on the matter. If the body of the deceased 
 shows wounds or bruises such as to indicate or create suspicion that 
 he came to his death by violent means, it shall be the duty of the 
 board to ascertain, with as much exactness as possible, the precise 
 nature of the wounds or blows and of the instrument by which they 
 were inflicted. The medical member of the board shall be required, 
 after a careful examination of the body, to give his opinion as to the 
 cause of death, and such opinion shall be entered separately in the 
 record. 
 
 601. Assembling of board to receive evidence. The board shall then 
 return to the place of convening and receive and record all the evi- 
 dence procurable relative to the manner in which the deceased came 
 to his death. If there is reason to suspect a homicide, the board shall 
 endeavor to ascertain the person or persons, if any, directly respon- 
 sible for the homicide, if there were any aiders or abettors, and such 
 other particulars as may afford the means of drawing up, with the 
 precision required by the law, the necessary charges and specifica- 
 tions against the person or persons accused of the homicide. 
 
 602. Summoning witnesses. See section 576, which applies to 
 boards of inquest. Every witness who may be able to throw any 
 
 285 
 
286 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 additional light on the manner or cause of death should be called 
 before the board. 
 
 603. Declarations of witnesses. Boards of inquest, not being em- 
 powered to administer oaths, can not take sworn testimony. The 
 statements of witnesses before such boards are known as declarations. 
 
 604. Procedure. The proceedings of a board of inquest are in no 
 sense a trial but are a preliminary inquiry into the facts involved 
 for the information of the convening authority j and it is necessary 
 that this officer, in reviewing the proceedings, should have before 
 him all the facts and circumstances that influenced the opinion of 
 the board. To this end the declarations of witnesses shall be re- 
 corded in detail and all the facts should be set forth in the record 
 and nothing left to inference. Material witnesses as to facts should 
 be examined first in order that their declarations may be received 
 while the facts are still fresh in their minds and before they are 
 afforded opportunity to absent themselves. In case of homicide, the 
 person suspected of the crime may be called as a witness and ex- 
 amined, after he has been duly warned by the senior member that 
 anything he may say before the board may afterwards be used 
 against him. After the material witnesses have been heard, the 
 opinion of the medical member of the board as to the cause of death 
 shall be received (see sec. 600). In addition thereto, in order that 
 the board may the better arrive at its opinion, medical officers other 
 than those on the board may be called, when desirable, and asked for 
 an opinion as to the cause of death or other attendant circumstances. 
 
 605. Opinion. In every case the board shall, after careful in- 
 vestigation, state in the record their identification of the body, and 
 whether and to w 7 hat extent, in their opinion, the death of the indi- 
 vidual was due to disease contracted or casualties or injuries received 
 while in the line of his duty. In all cases where the board expresses 
 the opinion that death was not in the line of duty, the board will, 
 in addition to such opinion, state whether or not, in its opinion, 
 the deceased met his death as the result of his own misconduct. 
 
 606. Record of proceedings. See sections 538 and 539 under courts 
 of inquiry, which apply to the record of a board of inquest. The 
 record shall be transmitted by the board to the convening authority, 
 who, under the circumstances set forth in section 496, shall order 'a 
 court of inquiry; or, if not so empowered, shall immediately for- 
 ward the record to his next superior in command who is so em- 
 powered. When a court of inquiry is ordered the record of the 
 board of inquest may be transmitted to the judge advocate in order 
 to assist him in conducting the inquiry (see sec. 503). When not 
 so transmitted it shall be forwarded directly to the office of the Judge 
 Advocate General. When transmitted to the judge advocate of a 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 287 
 
 court of inquiry, it shall be forwarded together with the record of 
 the latter. 
 
 607. Revision. See section 543, which applies to a board of inquest. 
 
 608. Reviewing authority. The record of a board of inquest is 
 reviewed by the convening authority, who takes such action thereon 
 as is appropriate to the case. (See sec. 606 as to the disposition of 
 the record.) 
 
 "LINE OF DUTY-" AND " MISCONDUCT'' CONSTRUED. 
 
 "LINE OF DUTY." 
 
 609. What constitutes "line of duty." It does not necessarily fol- 
 low that in all cases where the death of a person in the service was 
 not the result of his own misconduct it must be held to have occurred 
 in the line of duty. Thus, in a case where it appeared that the de- 
 ceased, while on leave of absence, had gone to a hotel, engaged a 
 room, and was later found asphyxiated as the result of a gas jet in the 
 room having been left turned on and unlighted when he retired, there 
 was no ground for finding that the death occurred in line of duty. 
 Granting, in such cases, that death was accidental and was not caused 
 by any fault of the deceased, it is nevertheless patent that his death 
 was not due to an act of duty. Also in a case in which the deceased, 
 while on leave of absence and not performing any act even remotely 
 connected with the service, was run over by a train, it likewise could 
 not properly be said that his death was due to an act of duty. 
 Similarly, when the deceased, while on liberty, was murdered by a 
 shipmate in consequence of some difficulty between the two men of a 
 wholly personal nature, a holding that death was due to an act of 
 duty could not be supported. Many other cases of like character 
 might be cited to show that there is a distinction between holding 
 that death was not due to " misconduct " and that it occurred in " line 
 of duty." 
 
 As remarked by the Attorney General in an opinion rendered May 
 17, 1855 (7 Op. Atty. Gen., 150), the law "does not say 'any disease 
 [or injury] not the consequence of misconduct,' and if that had been 
 the category contemplated by the legislator he would have pro- 
 pounded it in simple and apt phraseology." It follows, therefore, 
 that the words " line of duty " can not properly be held to embrace 
 every cause of death not due to the misconduct of the deceased, but 
 are used by Congress in a more limited sense in its various enact- 
 ments relating to the disability or death of persons in the Army or 
 Navy. This conclusion is further supported by the fact that the law 
 
288 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 providing for the allowance of six months' pay to the widow or 
 designated beneficiary of deceased officers or enlisted men of the Navy 
 originally applied by its terms to cases where the death was due to 
 "wounds or disease contracted in the line of duty"; but by act of 
 August 22, 1912, Congress substituted the words " not the result of 
 his own misconduct " for the words " contracted in the line of duty," 
 this amendment being made for the express purpose of giving the 
 law a broader application. 
 
 610. Distinction important between acts of duty and those of personal 
 nature. An important fact which should not be overlooked by offi- 
 cers serving on boards of inquest or courts of inquiry in cases of this 
 character is that, while " every person who enters the military serv- 
 ice of the country officer, soldier, sailor, or marine takes upon 
 himself certain moral and legal engagements of duty, which con- 
 stitute his official or professional obligations," nevertheless, " though 
 a soldier or sailor, he is not the less a man and a citizen, with private 
 rights to exercise and duties to perform; and while attending to these 
 things he is not in the line of his public duty." (7 Op. Atty. Gen., 
 150.) In the same opinion the Attorney General further stated on this 
 point : " It is impossible to say that the phrase casualties or injuries 
 received ' in the line of duty ' comprehends all the possible misadven- 
 tures of mere private life, which may happen to an officer in his per- 
 sonal affairs, and wholly disconnected from his public duty, though 
 he be not on furlough." In other words, as was held by the United 
 States Circuit Court of Appeals (Ehodes v. U. S., 79 Fed., 740), in 
 order to support a finding of line of duty " the service must have 
 been the cause of the disease \or injury} and not merely coincident 
 with it in time" 
 
 611. Question not one of status. The status of an officer or enlisted 
 man at the time of his death or at the time of contracting the disease, 
 or receiving the injury occasioning same, is not controlling upon the 
 question of whether his death occurred in the line of duty. As 
 pointed out by the Attorney General, a person in the Navy, " whilst 
 off duty, or on furlough, or under censure * * * may do or suf- 
 fer things which are in the line of duty," the same as, on the other 
 hand, " while on active duty, he may do or suffer things not in the 
 line of his duty," and " any rule based on the assumption of its being 
 impossible for an officer or soldier on furlough, on leave of absence, 
 in arrest, under sentence, to perform acts, suffer casualties, receive 
 wounds, or incur causes of disease in the line of his duty is not a 
 truth, and, like all things not true, can not be conformable to justice 
 or wisdom." And, again : " A soldier or sailor, while ' under arrest,' 
 or ' in confinement,' is not discharged from the obligation of duty, 
 and is occasionally called upon to perform duty in which he may dis- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 289 
 
 tinguish himself and die honorably, and leave, it seems to me, a right 
 of pension to his widow or children; as, for example, in the con- 
 tingency of a post or a camp attacked by the enemy, or a ship in 
 peril at sea. So, still more, of an officer on furlough. So it may be 
 in the case of a soldier temporarily ' absent on leave,' nay, even of one 
 compromised in some grave military offense." 
 
 It has accordingly been held by the department in the case of a 
 man who was stabbed while on liberty that his injuries were incurred 
 in line of duty, it appearing that he was "stabbed by a drunken 
 cabman while endeavoring to get an injured shipmate back to his 
 vessel, an act in the line of his duty performed while on liberty." 
 
 Ordinarily, however, the injury or death of a person in the Navy 
 while on leave or liberty is not the result of an act of duty. In such 
 cases he is usually in the exercise of his private rights or the per- 
 formance of private duties, and his injury or death, while coinci- 
 dent with the service in point of time, can not be held to have been 
 caused by the service. "All the consequences of the absence of an 
 officer or a soldier from his post of duty on his own motion for his 
 own purposes of business or pleasure must be regarded as outside 
 the line of duty. While traveling from and returning to the post 
 of duty on an ordinary furlough, given for such purposes, he is at 
 his own risk as to causes of disability to which he may be subjected." 
 (4 P. D., 54; 7 id., 102; 16 id., 21; House Doc. No. 5, 54th Cong., 2d 
 sess., p. 74.) Surrounding circumstances, however, may work a 
 modification of this rule, as in the example cited above. So also 
 when a person returning from leave or liberty, and prior to expira- 
 tion thereof, enters a boat provided by the Government for lifs 
 tansportation back to his vessel, he is once more within the control 
 of the naval authorities, and if killed or injured without the inter- 
 vention of any act the result of his own misconduct, a finding of line 
 of duty would be proper. But if he is returning to his vessel in a 
 private conveyance of his own selection, he would not be in a line 
 of duty status, unless actually engaged in the performance of an act 
 of duty. 
 
 If a man is given permission to go on shore for the express purpose 
 of engaging in athletic sports or exercises encouraged by the Navy 
 Regulations, or permission to go swimming or boating, and is 
 injured or killed without negligence or other act the result of his 
 own misconduct, the finding should be line of duty. Where, how- 
 ever, a man is granted liberty for his own purposes, and while on 
 liberty goes in swimming and is drowned, the mere fact that swim- 
 ming is encouraged by the regulations is not sufficient ground for 
 holding that his death occurred in line of duty. In such a case the 
 general rule applies, and it must be held that his death resulted 
 
290 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 from the exercise of his private rights and was not caused by " an 
 act of duty performed." 
 
 While a prisoner may be injured or killed in line of duty, as 
 shown by the examples given by the Attorney General in his opinion 
 (7 Op., 150), such cases must be exceptional ones rather than the 
 rule. Thus, where an enlisted man is performing hard labor under 
 sentence of general court-martial, and an injury received by him 
 is wholly due to execution of such sentence, it can not be held line 
 of duty. (15 P. D., 54; 5 id., 151.) If an enlisted man is arrested or 
 imprisoned, but on trial is adjudged not guilty, a disease incurred 
 during his arrest and imprisonment is within the line of duty. 
 (4 P. D., 103.) If the man died while awaiting trial, a disease so 
 contracted is held to have been incurred in line of duty. (14 P. D., 
 213.) But in a case where a private in the Marine Corps was 
 burned to death while in confinement by the civil authorities, before 
 trial, and the evidence showed that his imprisonment was the result 
 of misconduct (drunkenness) while on liberty, his death was held 
 not to have occurred in the line of duty. 
 
 So, also, many cases arise where the injury causing death was 
 received while the deceased was in a duty status, so far as being 
 present on board a vessel or at a station to which he was attached 
 is concerned, and yet the circumstances are such that it can not be 
 held to have been caused by an act of duty. For example, in a 
 case where the death of a man resulted from injuries received by 
 him while "entering a bunker and striking a match there," which 
 acts " were both against orders," the department held that his death 
 was the result of " misconduct or violation of duty " on his part, and 
 was not, therefore, the result of an injury received in the line of 
 duty. Again, it has uniformly been held that an enlisted man is 
 not in line of duty while engaged in scuffling or squabbling with 
 his companions, or voluntarily engaged in what is commonly known 
 as "horseplay," although at the time on board the ship to which 
 he was attached. (5 P. D., 47; 6 id., 22; 14 id., 81; id., 506; 
 Rhodes v. U. S., 79 Fed., 740.) And "it has repeatedly been held 
 that where the death of the soldier * * * was caused by an 
 overdose of a narcotic or other poison, which had been either pre- 
 scribed originally by a physician in the U. S. service or taken upon 
 the soldier's own responsibility through mistake and with no suicidal 
 intent, such death cause can not be accepted as a competent basis for 
 claim." (1 P. D., Ill, case of Travers, hospital steward.) 
 
 Death or injury while on duty, resulting from disability existing 
 prior to enlistment, does not come within the " line of duty " category. 
 (16 P. D., 172.) However, when a disability which originated prior 
 to enlistment, but was apparently cured prior to and at the date of 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 291 
 
 enlistment, is revived and aggravated as the immediate result of an 
 accident or of an incident in the line of duty, the injurious conse- 
 quences of such aggravation may amount to line of duty. (3 P. D., 
 41.) In such a case it is necessary to establish some cause or injury 
 resulting from or incurred in service in line of duty sufficient to pro- 
 duce a recurrence of said disability some cause without which the 
 recurrence would not have happened and not merely natural aggra- 
 vation of an already existing disability. (3 P. D., 187.) 
 
 Predisposition to disease is no bar to pension if the disease did not 
 develop until after claimant's admission to the service. (3 P. D., 228 ; 
 16 id., 413.) 
 
 612. No general rule; each, case must be determined upon its own 
 facts. As was stated by the Attorney General in an opinion ren- 
 dered July 22, 1881, with respect to the question of what constitutes 
 disability incurred in line of duty, "it is impossible to lay down a 
 general rule which will be applicable to cases of this kind, or to the 
 different aspects which the * * * claim might present, as the 
 facts shall be developed by the evidence." Thus, not even in the case 
 of death by suicide can it be stated as an unalterable rule that it was 
 not due to an act of duty. Suicide is, however, so unlikely a result 
 of an act of duty that the presumption in such cases must be against 
 line of duty in the absence of evidence affirmatively showing that it 
 was caused by the service. This is in accordance with the Attorney 
 General's opinion of May IT, 1855, in which it is stated that " if the 
 suicide is alleged to have been produced by insanity, and thus in- 
 sanity be put forward as the causa camans, then it must be shown that 
 the insanity was the result of, or incidental to, acts of duty." So, 
 also, in the case of Ehodes v. United States, it will be noted that the 
 court refers to " a wound or injury inflicted upon himself by a 
 soldier " as one of the cases where the injury does not result from the 
 service, although coincident with it in time. Nevertheless, in a 
 proper case, death by suicide may be held to have occurred in the 
 line of duty, but the facts supporting "such a conclusion must be 
 definitely ascertained and established. (1 P. D., Ill ; 1 id., 108 ; 5 id., 
 32; IT id., 50.) 
 
 While, as already stated, no general rule can be formulated ap- 
 plicable to all cases, it will be seen from the foregoing that the ques- 
 tion to be determined in each case is not what was the status of the 
 deceased when the disease was contracted or the injury received, nor 
 whether such disease or injury was the result of his own mis- 
 conduct, but " was the cause of disability or death a cause within the 
 line of duty or outside of it? Was that cause appertaining to, de- 
 pendent upon, or otherwise necessarily and essentially connected with 
 duty within the line or was it unappurtenant, independent, and not 
 
292 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 of necessary and essential connection " ? In other words, to constitute 
 " line of duty " an act of duty performed must have relation of 
 causation, mediate or immediate, to the wound, the casualty, the in- 
 jury, or the disease producing disability or death." 
 
 613. In a case where it appeared that the death of the deceased was 
 due to his carelessness or negligence in stumbling over the stringpiece 
 at the head of a dock in the navy yard while returning to his ship from 
 liberty and falling upon a float eighteen or twenty feet below, it was 
 held by the department that the death of the deceased was not due to his 
 own misconduct. In accordance with precedent it must be held in such 
 cases that, as the deceased was absent from his station and duty on 
 liberty at the time of his death and was not actually engaged in the 
 performance of duty, his death did not occur in the line of duty, 
 and, under the circumstances above related, was not due to his own 
 misconduct. Thus, negligence is not necessarily misconduct. " The 
 term ' misconduct ' implies a wrongful intention and not a mere error 
 of judgment." (Smith v. Cutler (N. Y.), 10 Wend., 590, 25 Am. 
 Dec., 580; United States v. Warner, 28 Fed. Cas., 404.) "In usual 
 parlance misconduct means a transgression of some established and 
 definite rule of action, where no discretion is left, except what neces- 
 sity may demand; and carelessness, negligence, and unskillfulness 
 are transgressions of some established but indefinite rule of action, 
 where some discretion is necessarily left to the actor. Misconduct is 
 a violation of definite law ; carelessness, an abuse of discretion under 
 an indefinite law. Misconduct is a forbidden act; carelessness, a 
 forbidden quality of an act, and is necessarily indefinite." (Citizens 
 Ins. Co. v. Marsh, 41 Pa. (5 Wright), 386, 394; 5 Wds. & Ph., 4531.) 
 
 
XVIII. 
 
 NAVAL EXAMINING BOARDS. 
 
 (R. S. 1493 to 1510.) 
 
 293 
 
i/iY 
 
f>f ftftp 
 
 NAVAL EXAMINING BOAEDS. 
 
 Page. 
 
 Where convened 295 
 
 Convening authority 295 
 
 Constitution 295 
 
 Precept 296 
 
 Candidate 296 
 
 Candidates for appointment 297 
 
 Procedure 297 
 
 Oaths % . 298 
 
 Witnesses 299 
 
 Finding and recommendation 299 
 
 The-record 300 
 
 Revision 301 
 
 Final action"...'; ' .!?J 
 
 Supervisory boards 302 
 
 WHEN CONVENED. 
 
 614. When convened. At stated or convenient periods, boards will 
 be convened for the examination of candidates for appointment or 
 promotion, and such candidates shall be duly informed of the time 
 and place of meeting. 
 
 CONVENING AUTHORITY. 
 
 615. The act of March 4, 1917, provides: 
 
 ' That hereafter the Secretary of the Navy may authorize the 
 senior officer present, or other commanding officer, on a foreign 
 station to order boards of medical examiners, examining boards, 
 and retiring boards for the examination of such candidates for ap- 
 pointment, promotion, and- retirement in the Navy and Marine 
 Corps as may be serving in such officer's command and may be 
 directed to appear before any such board." 
 
 CONSTITUTION. 
 
 616. Composition of board. Boards for the mental, moral, and pro- 
 fessional examination of officers of the Navy for promotion "shall 
 consist of not less than three officers, senior in rank to the officer to be 
 examined." (Sec. 1498, R. S.) Such boards shall, when practicable, 
 be selected from the same corps as that to which the candidate belongs. 
 
 295 
 
296 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 617. Board for examination of candidates to fill vacancies in lower 
 grades of staff corps. The mental, moral, and professional examina- 
 tion of candidates to fill vacancies in the lower grades of the 
 medical, pay, and other staff corps shall be conducted by boards 
 constituted similarly to the above (sec. 616). 
 
 Board for examination of candidates for appointment as assistant 
 paymaster. Section 1379, Revised Statutes, requires that no candi- 
 date shall be appointed as assistant paymaster " until his physical, 
 mental, and moral qualifications have been examined and approved 
 by a board of pay officers appointed by the Secretary of the Navy, 
 and according to such regulations as he may prescribe." Although 
 by statute the determination of the physical, as well as the mental 
 and moral, qualifications of the candidate is left to the board of 
 pay officers, the physical examination of such candidate will be con- 
 ducted by a board of medical examiners who shall report the result 
 thereof to the examining board of pay officers, certifying as to4he 
 physical qualifications of the candidate, and such report shall form 
 par.t of the record of the latter board. 
 
 618. Recorder. See sections 563 and 564. 
 
 PKECEPT. 
 
 619. The precept shall set the time and place of meeting and name 
 the membership of the board. The necessary instructions relative to 
 the conduct of the examinations need not be contained in the precept 
 but may accompany same or be otherwise issued. (See note, p. 443, 
 in regard to the issuance of a precept in blank.) 
 
 CANDIDATE. 
 
 620. The responsibility of the officer under examination. The onus of 
 establishing professional fitness shall be held to rest entirely upon 
 the officer under examination. The mental and moral fitness of 
 the candidate shall be assumed unless a doubt shall be raised on 
 either head, in the mind of any member of the board, from the 
 answers contained in any of the interrogatories or reports on fitness, 
 from the general reputation of the candidate, or from other sources 
 of evidence of record. 
 
 621. No officer to be rejected without examination. " No officer shall 
 be rejected until after such public examination of himself and of the 
 records of the Navy Department in his case unless he fails, after due 
 notification, to appear before the said board." (R. S., 1503.) 
 
 622. Right of candidate to be present Orders to candidate. "Any 
 officer whose case is to be acted upon by an examining board shall 
 have the right to be present, if he so desires, and to submit a state- 
 ment of his case on oath." (R. S., 1500.) The candidate shall pre- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 297 
 
 sent his orders as his authority for appearing before the board. The 
 orders to a candidate shall state the grade or rank, or, if to more 
 than one, the grades or ranks, for promotion to which the candidate 
 is to be examined. See form, p. 443. 
 
 623. Candidate as a witness. By the above statute (sec. 622) the 
 candidate is authorized, if he so desires, to submit a statement to the 
 board. Inasmuch, however, as mere ex parte statements of persons 
 not subjected to cross-examination are of little weight as evidence, the 
 proper procedure is to permit the candidate, if he so desires, to take 
 the stand as a witness. Under such circumstances he is, of course, 
 subject to cross-examination. Likewise, the board may call the can- 
 didate as a witness. (See C. M. O., 29, 1915, 6.) 
 
 624. Candidate not to be discharged before completion of case. Care 
 shall be taken not to discharge a candidate until his case is fully 
 completed. This applies particularly to cases where there are un- 
 favorable reports or other evidence. 
 
 625. In case the candidate is not ordered to appear before the board. 
 In cases where, owing to the exigencies of the service, it is not 
 desirable to order a candidate to appear before an examining board, 
 such candidate may be examined on his record only. But, if the 
 board deem it necessary, in order to establish the fitness of the can- 
 didate, that he appear personally before it, the department shall be 
 so informed, with the reasons therefor. 
 
 CANDIDATE FOR APPOINTMENT. 
 
 626. General requirements. No person shall be appointed to any 
 office in the Navy unless he is a citizen of the United States (sec. 
 1428, E. S.)? nor until he shall have passed a physical, mental, and 
 professional examination. (But see sec. 617 as to qualifications of 
 candidates for assistant paymaster.) 
 
 627. Candidates failing to present themselves for examination. Any 
 person who fails to present himself for examination after having 
 obtained permission shall be considered as having forfeited his right 
 to appear. 
 
 628. Penalty for false certificate. Any candidate who gives a false 
 certificate of age, time of service, or character, or makes a false state- 
 ment to a board of examiners, shall be regarded as disqualified. 
 
 PKOCEDUKE. 
 
 629. Physical examination precedes professional. The physical ex- 
 amination of a candidate for appointment or promotion shall pre- 
 cede the mental and professional, and if he be found physically 
 unfit, he shall not be examined otherwise; and before proceeding 
 with the examination, the president of the naval examining board 
 shall ascertain that the candidate has been found qualified by a 
 
298 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 board of medical examiners. When the contrary is found to be 
 the case all papers in the case will be returned to the office of the 
 Judge Advocate General. 
 
 630. Professional examination. The professional examination will 
 be conducted in accordance with the instructions which may be con- 
 tained in or accompany the precept convening the board or which 
 may be otherwise issued. (See sec. 619.) 
 
 631. Procedure. The board of examiners shall be duly organized 
 and sworn in each case, subject to challenge, in the same manner as 
 provided for naval courts-martial. It shall have power to take testi- 
 mony and to examine all matter on the files and records of the de- 
 partment in relation to any officer whose case is to be considered 
 by it. (E. S.,1499.) 
 
 632. Consideration of matter relative to candidate. There shall be 
 submitted to the board for its consideration all matters on the files 
 and records of the department which relate in any way to the mental, 
 moral, or professional fitness of the officer whose case is being in- 
 quired into, with the exception of such matter as falls within the 
 provisions of the following statute : 
 
 " That hereafter in the examination of officers in the Navy for pro- 
 motion no fact which occurred prior to the last examination of the 
 candidate whereby he was promoted, which has been enquired into 
 and decided upon, shall be again enquired into, but such previous 
 examination, if approved, shall be conclusive, unless such fact con- 
 tinuing shows the unfitness of the officer to perform all his duties 
 at sea." (20 Stat., 165.) 
 
 633. All matters to be investigated. Entries in the medical history 
 of the candidate or other accompanying papers, not within the pro- 
 hibition of the statute quoted in the preceding section, indicating 
 moral or other unfitness, shall be investigated by a naval examining 
 board. 
 
 634. Questions of law. Any question of law arising before the 
 board, and any communications relating to its proceedings, shall be 
 submitted to the Judge Advocate General. 
 
 635. Incidents out of ordinary routine. Any incidents out of the 
 ordinary routine of the examination shall be appropriately and in 
 proper chronological order entered in the record. 
 
 OATHS. 
 
 636. Oath administered by president to recorder. " You, A B , do 
 solemnly swear (or affirm) that you will keep a true record of the 
 
 proceedings of this board in the case of , now before the 
 
 board and about to be examined." 
 
 637. Oath administered by recorder to members. "You, A B , 
 C D , E F , and each of you solemnly swear (or affirm) that 
 
INSTRUCTIONS FOE COURTS AND BOARDS. 299 
 
 you will honestly and impartially examine and report upon the case 
 of ,' now before the board and about to be examined." 
 
 638. Oath, administered by president to witnesses. " You, A B , 
 do solemnly swear (or affirm) that you will make true answer to such 
 
 questions as may be put to you in the case of , now 
 
 under examination by the board." 
 
 WITNESSES. 
 
 639. Witness before the board. Any officer may be called before the 
 board to give evidence if deemed necessary. Witnesses, before testi- 
 fying, shall be sworn. 
 
 640. Summoning witnesses. All witnesses before naval examining 
 boards shall be summoned via the convening authority. But, as a 
 general rule, it may be assumed that, had the candidate's professional 
 examination and record been satisfactory to the board, it would have 
 been unnecessary for him to summon witnesses in his behalf. There- 
 fore, except under unusual circumstances, the convening authority 
 can do no more than grant permission to an officer under his com- 
 mand, who is summoned as a witness, to be absent from his station 
 and duty; and all the expenses of the aforesaid witness must be 
 borne by the officer who desires to have him summoned. 
 
 641. In case the witness is to be examined upon written interroga- 
 tories. Such questions as the candidate may reasonably request to 
 have asked by means of written interrogatories regarding any par- 
 ticular matter or incident touching his fitness for promotion may be 
 addressed by the Bureau of Navigation to any officer having knowl- 
 edge of the facts, or by the convening authprity if such officer be 
 under his command. Whenever such a request is deemed unreason- 
 able by the board, it should be at once referred to the convening 
 authority for decision. 
 
 642. Officers junior in rank to candidate shall not be questioned as to 
 matters of opinion. No inquiry as to matter of opinion shall be put 
 to any officer who is junior in rank to the candidate for promotion. 
 
 THE FINDING AND RECOMMENDATION OF THE BOARD. 
 
 643. Rule governing board's recommendation. It shall be held oblig- 
 atory upon any member of the board to decline to recommend the 
 promotion of any officer until he is satisfied of the officer's entire 
 mental, moral, and professional fitness for promotion. (See sec. 620.) 
 The board, while careful not to do injustice to .any officer regarding 
 whom there is any doubt, shall take equal care to safeguard the 
 honor and dignity of the service, recommending no officer for pro- 
 motion as to whose fitness a doubt exists. (See C. M. O. 13, 1916, 
 
 26450 17 20 
 
300 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 6-7.) In case of dissent the majority report becomes the report of 
 the board. (See sec. 650.) 
 
 644. Form of recommendation prescribed by law. A naval examining 
 board, when it decides to so recommend, " shall report their recom- 
 mendation of any officer for promotion in the following form: 
 
 4 We hereby certify that has the mental, moral, and 
 
 professional qualifications to perform efficiently all the duties, both 
 at sea or on shore, of the grade to which he is to be promoted 
 
 [, to wit ,] and recommend him for promotion.'" (R. S., 
 
 1504.) In the case of a candidate for appointment the board must 
 certify that he has the required qualifications for admission and 
 recommend him for appointment. 
 
 645. Board must state the cause of a candidate's failure. Whenever 
 the board fails to recommend a candidate for admission or promo- 
 tion, it must state on the record whether such failure is owing to 
 his -mental, moral, or professional unfitness, or, in the case of candi- 
 dates for the Pay Corps, his mental, moral, or physical unfitness. 
 (See sec. 617.) When the unfitness of a candidate for promotion 
 is "by reason of drunkenness, or from other cause arising from his 
 own misconduct," the record must so state and must also show that 
 the candidate was " informed of and heard upon the charges against 
 him." (See sec. 656.) 
 
 THE RECORD. 
 
 646. Date of the proceedings. The date of the record is that of the 
 day when the board reaches its finding and makes its recommenda- 
 tion. The date of me'eting and subsequent intermediate dates are 
 appropriately referred to in the proceedings. The date on cover 
 sheet is in accordance with section 85. 
 
 647. Entry in record of statement of candidate and testimony of wit- 
 nesses. The statement of the officer undergoing examination, if any 
 such statement be made, all questions propounded to him and his 
 answers thereto, with the testimony of all witnesses, shall be entered 
 in the record of proceedings. 
 
 648. In the case of a line officer above the grade of lieutenant, The 
 examining board will ascertain and state in the record whether or not 
 the candidate has taken any course of instruction at the Naval War 
 College, and, if so, for what period of time and to what extent he 
 took advantage of his opportunities. 
 
 649. Record must show specifically that unfavorable evidence was con- 
 sidered, When there is evidence of an unfavorable nature, the record 
 must show affirmatively that the board fully considered this unfavor- 
 able evidence. It is not sufficient to set forth in general terms that 
 unfavorable matter was considered, but the specific unfavorable 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 301 
 
 report or other matter must be set forth in full, together with the 
 reasons that guided the board in its recommendation. 
 
 650. Authentication and transmission of the record. The record of 
 proceedings shall be signed by all the members and the recorder and 
 be transmitted, together with all reports of qualifications and other 
 documentary evidence which has been before the board, to the con- 
 vening authority, who, after acting upon same, shall transmit it to 
 the Judge Advocate General. If the board has been convened by 
 the department the record shall be forwarded direct to the Judge 
 Advocate General. In case of dissent the record must show those 
 of the members who concurred in, and those who dissented from, 
 the opinion of the board, with the reasons for dissent. 
 
 651. Copies of orders, etc., certified. A copy of the precept and of 
 every order or notice addressed to the board or to the candidate, 
 certified by the recorder, must be prefixed to the record of proceed- 
 ings in the case, and each exhibit, of whatever nature, must be 
 separately designated as prescribed in section 84. 
 
 652. Making up the record. Reports of fitness, answers to interroga- 
 tories, commendatory letters, letters relating to indebtedness, etc., 
 shall be appended to the record, all papers of each class together 
 and arranged in chronological order. For general instructions in 
 regard to making up the record see Chapter VII. 
 
 REVISION. 
 
 653. The record of an examining board may be returned to the 
 board for revision in any particular which the convening authority 
 may deem necessary. 
 
 FINAL ACTION. 
 
 654. "Any matter on the files and records of the Navy Department, 
 touching each case, which may, in the opinion of the board, be neces- 
 sary to assist them in making up their judgment, shall, together with 
 the whole record and finding, be presented to the President for his 
 approval or disapproval of the finding." (E. S., 1502.) 
 
 But the act of May 22, 1917, provides : 
 
 " That the President be, and he is hereby, authorized to direct the 
 Secretary of the Navy to take such action on the records of pro- 
 ceedings of naval examining boards and boards of naval surgeons for 
 the promotion of officers of the Navy as is now required by law to be 
 taken by the President." 
 
 655. In case of professional failure. "Any officer of the Navy on 
 the active list below the rank of commander who, upon examination 
 for promotion, is found not professionally qualified, shall be sus- 
 pended from promotion for a period of six months from the date of 
 approval of said examination, and shall suffer a loss of numbers 
 
302 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 equal to the average six months' rate of promotion to the grade for 
 which said officer is undergoing examination for the five fiscal years 
 next preceding the date of approval of said examination, and upon 
 the termination of said suspension from promotion he shall be re- 
 examined, and in the case of his failure upon such reexamination he 
 shall be dropped from the service with not more than one year's 
 pay." (E. S., 1505, as amended by act of Mar. 11, 1912, 37 Stat., 
 73.) 
 
 656. When found disqualified by reason of drunkenness or misconduct. 
 " Whenever on an inquiry had pursuant to law, concerning the fit- 
 ness of an officer of the Navy for promotion, it shall appear that^ 
 such officer is unfit to perform at sea the duties of the place to which 
 it is proposed to promote him, by reason of drunkenness, or from 
 any cause arising from his own misconduct, and having been in- 
 formed of and heard upon the charges against him, he shall not be 
 placed on the retired list of the Navy, and if the finding of the board 
 be approved by the President, he shall be discharged with not more 
 than one year's pay." (22 Stat., 286.) (See sec. 645.) 
 
 SUPERVISORY BOARDS. 
 
 657. When ordered. In certain cases, where deemed desirable, a 
 supervisory board may be appointed to supervise the written pro- 
 fessional examination, preliminary to promotion, of such officers as 
 may be ordered to report for such examination and as may waive 
 their rights to appear in person before a statutory board, provided 
 such officer has been notified of the time and place of meeting of 
 the latter board. 
 
 658. Constitution. Such board shall consist of three officers. Offi- 
 cers junior to the officer to be examined may be designated as mem- 
 bers of a supervisory board when the exigencies of the service so 
 require. A separate recorder may or may not be detailed. (See sees. 
 563 and 564.) 
 
 659. How convened. The Secretary of the Navy, or other duly 
 authorized convening authority of naval examining boards, may di- 
 rect any commanding officer under his command to appoint such 
 supervisory board. 
 
 660. Oaths Not administered. Neither the members nor the re- 
 corder of a supervisory board are sworn, but the waiver must be 
 sworn to before the president of such board. 
 
 661. Procedure. A supervisory board need not keep a record of its 
 daily proceedings; but such proceedings shall be conducted in ac- 
 cordance with the procedure laid down for naval examining boards 
 in so far as applicable. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 303 
 
 The board will ask each candidate if he has any objection to the 
 statutory naval examining board, which will be ordered to conduct 
 his examination and to make final recommendation upon his case. 
 If the candidate has no such objection, he will be permitted to waive 
 his right to appear in person before the statutory board, as conferred 
 by section 1500 of the Revised Statutes (see sec. 622), and, after the 
 candidate has signed such waiver and sworn to same (see sec. 660), 
 the supervisory board will proceed with the prescribed examina- 
 tion. (For form of waiver see p. 447.) 
 
 662. Report of the board. Upon the completion of the examination, 
 a certificate signed by each member of the board will be attached to 
 the papers in each case, stating whether or not the candidate has any 
 objection to his examination for promotion being conducted by the 
 statutory naval examining board, and that he has received no outside 
 assistance during its progress. (For form of certificate see p. 447.) 
 
 The waiver of the candidate of his right to appear in person, to- 
 gether with the examination papers of the candidate and the fore- 
 going certificate of the board, will be forwarded by the supervisory 
 board to the president of the statutory board which will finally pass 
 upon the case. 
 

 
XIX. 
 
 BOARDS OF MEDICAL EXAMINERS. 
 
 (E. S., 1493-1494.) 
 
 305 
 
' 
 
BOARDS OF MEDICAL EXAMINERS. 
 
 663. Physical examination before promotion. "No officer shall be 
 promoted to a higher grade on the active list of the Navy, except in 
 the case provided in the next section, until he has been examined by a 
 board of naval surgeons and pronounced physically qualified to 
 perform all his duties at sea." (R. S., 1493.) 
 
 664. Physical disability due to wounds. " The provisions of the pre- 
 ceding section shall not exclude from the promotion to which he 
 would otherwise be regularly entitled any officer in whose case such 
 medical board may report that his physical disqualification was oc- 
 casioned by wounds received in the line of his duty, and that such 
 wounds do not incapacitate him for other duties in the grade to which 
 he shall be promoted." (R. S., 1494.) 
 
 665. Composition of board for examination for promotion. In inter- 
 preting the above-quoted statute (sec. 663), it is held that the 
 wording " a board of naval surgeons " means that a board of two 
 medical officers or more of the Navy is empowered to act, in the 
 case of examination of officers for promotion. (File 26521-30.) (See 
 sees. 563, 564 as to recorder.) 
 
 666. Convening authority, See section 615. The Secretary of the 
 Navy, or other duly authorized convening authority of a board of 
 medical examiners, may forward to any commanding officer under 
 his command a preoept signed in blank and direct such commanding 
 officer to fill in the names of medical officers available to serve on such 
 board and the date and place of meeting, and after countersigning 
 to forward same to such officer as he may name as president. 
 
 667. Physical examination of candidates for appointment. This ex- 
 amination, like the examination (physical) for promotion, shall 
 precede the mental and the professional; and if the candidate be 
 found physically unfit, he shall not be examined otherwise. (See 
 sec. 629.) 
 
 Under special circumstances, in the case of candidates for appoint- 
 ment, it is proper for the board of medical examiners to certify 
 that a slight physical defect is not? sufficient to disqualify, and to 
 recommend a candidate for appointment provided the department 
 should see fit to waive certain minor disqualifications (such as 
 slightly under standard weight or standard height). In making 
 such recommendations, boards of medical examiners shall take every 
 precaution to safeguard the best interests of the service. It is in- 
 
 307 
 
308 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 tended that use shall be made of such recommendations only when a 
 candidate has a very slight physical defect or varies slightly from 
 the physical standard, and possesses mental or professional qualifica- 
 tions for such appointment that are notably higher than the average. 
 
 668. Composition of board for examination for appointment. When 
 the candidate is one for appointment as an acting assistant surgeon, 
 or as assistant surgeon in the Medical Reserve Corps or in the Dental 
 Reserve Corps, in cases of necessity ', the physical examination may 
 be conducted by a single medical officer known as a medical ex- 
 aminer. In other cases the physical examination of candidates for 
 appointment shall be conducted by a board constituted similarly to 
 the board for the physical examination of candidates for promotion. 
 
 /a GPK \ 
 
 (See sec. 665.) 
 
 669. Procedure and oaths. As to the organization of the board and 
 oaths to members and recorder, see procedure and oaths under naval 
 examining boards. (Sees. 631, 636, and 637.) 
 
 670. Record must show what examination was made. Each record 
 must state fully what physical examination of the candidate was 
 made, and by whom. 
 
 671. In case of candidate for promotion what considered. The physi- 
 cal examination of a candidate for promotion shall relate only to his 
 qualifications to perform the duties of the grade to which he seeks 
 promotion, and not to those of any other grade. The medical history 
 of such candidate since the date of his last examination for promo- 
 tion shall be considered in connection with his physical examination. 
 
 672. Certificate of candidate as to his physical qualifications. There 
 must, in every case, be appended to the record a certificate, signed 
 by the candidate, stating his physical qualifications. This certificate 
 must be sworn to by a candidate for admission but not by a candi- 
 date for promotion. In the case of a candidate for admission this 
 certificate must state also the time and place of birth and legal resi- 
 dence, and whether a native-born or naturalized citizen. If the latter, 
 proof of citizenship must be established. (For form see p. 454.) 
 
 The above certificate is not a mere matter of form, and, regardless 
 of whether an officer has been doing duty or not, it is intended to be 
 the candidate's statement of his belief that he has no physical ailment 
 whatever of any kind, or only such as set forth in his statement. The 
 onus of establishing physical fitness for promotion is on the candi- 
 date, and it is in view of this principle that the certificate is required. 
 
 673. Finding and recommendation of the board. The record must in 
 each case show the finding of the board as to the physical qualifica- 
 tions of the candidate, and whether it recommends him for admis- 
 sion or promotion, as the case may be, or such other recommendation 
 as the board may deem proper. As to recommending the waiver of 
 slight defects in the cases of candidates for admission, see section 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 309 
 
 667. As to cases of candidates for promotion found physically dis- 
 qualified, see section 674. 
 
 674. In case of physical failure of a candidate for promotion. " If any 
 officer of the Navy shall fail in his physical examination for pro- 
 motion and be found incapacitated for service by reason of physical 
 disability contracted in the line of duty, he shall be retired with the 
 rank to which his seniority entitled him to be promoted." (36 Stat, 
 1267.) If, in accordance with the above provision, a candidate for 
 promotion is found " incapacitated for service by reason of physical 
 disability contracted in the line of duty" the board of medidal ex- 
 aminers shall so state in their findings. Attention is called to the 
 fact that an officer so incapacitated for service can not, when ordered 
 before a retiring board, benefit by the provisions of the above-men- 
 tioned act, unless the board of medical examiners has specifically 
 stated in its finding that the physical disability was contracted in the 
 line of duty; care should therefore be taken that these words are 
 included in the finding in all cases where applicable. ( See sec. 694. ) 
 
 675. In case of physical disability not in the line of duty. In case 
 the board finds that the disability of an officer appearing before it 
 was not received in the line of duty, it shall be the duty of the presi- 
 dent of the board to so inform such officer. 
 
 676. The record. The record is made up, authenticated, and trans- 
 mitted in accordance with the instructions laid down for naval 
 examining boards. (See sees. 646, 650-652.) But in the case of 
 candidates for appointment to the Pay Corps, the board of medical 
 officers shall transmit their report to the examining board of pay 
 officers. (See sec. 617.) 
 
 677. Revision. See section 653, under naval examining boards, 
 which applies to boards of medical examiners. 
 
 678. Final action, See sections 654 and 674. 
 

 
 . 
 
 1 79 
 
 - 
 
XX. 
 
 NAVAL RETIRING BOARDS. 
 
 (R. S. 1443 to 1465.) 
 
 311 
 
I'JMJ 
 

 NAVAL EETIEING BOARDS. 
 
 Page. 
 
 When ordered 313 
 
 Convening authority 314 
 
 Constitution. 314 
 
 The rights of the officer before the board 314 
 
 Oaths.. > 314 
 
 Powers of the board ; the procedure 315 
 
 The finding 316 
 
 Record 317 
 
 Revision 317 
 
 Final action.. 317 
 
 WHEN ORDERED. 
 
 679. When ordered, "Whenever any officer, on being ordered to 
 perform the duties appropriate to his commission, reports himself 
 unable to comply with such order, or whenever, in the judgment of 
 the President, an officer is incapacitated to perform the duties of his 
 office, the President, at his discretion, may direct the Secretary of the 
 Navy to refer the case of such officer to a board of not more than 
 nine nor less than five commissioned officers, two-fifths of whom 
 shall be members of the Medical Corps of the Navy. Said board, 
 except the officers taken from the Medical Corps, shall be composed, 
 as far as may be, of seniors in rank to the officer whose disability is 
 inquired of." (E. S., 1448.) 
 
 When any officer on the active list becomes physically incapaci- 
 tated to perform the duties of his office, and the probable future 
 duration of such incapacity is permanent or indefinite, he will im- 
 mediately be ordered before a retiring board, and, pending final 
 action upon the question of his retirement, will not be examined 
 for promotion. The foregoing shall not apply to the case of an 
 officer whose physical incapacity develops after he has become due 
 for promotion, and who may, under such circumstances, be examined 
 physically by a board of medical examiners before being ordered 
 before a retiring board. 
 
 313 
 
314 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 CONVENING AUTHORITY. 
 
 680. Convening authority. See section 615. 
 
 CONSTITUTION. 
 
 681. See section 679. The provision of the statute as to the rank 
 of the members is directory only, and the decision of the convening 
 authority, as evidenced by the selection of the members of the board, 
 is conclusive. 
 
 682. The recorder. See sections 563 and 564. 
 
 THE EIGHTS OF THE OFFICER BEFORE THE BOARD. 
 
 683. His right to a hearing.^-" No officer of the Navy shall be retired 
 from active service, or wholly retired from the service, without a full 
 and fair hearing before such Navy retiring board, if he shall demand 
 it, except in cases where he may be retired by the President at his 
 own request, or on account of age or length of service, or on account 
 of failure to be recommended by an examining board for promo- 
 tion." (E. S., 1455.) 
 
 684. Interpretation of the above statute. This entitles an officer sub- 
 ject to retirement, and not within the exceptions stated, to appear 
 before the board, with counsel, if desired, to introduce testimony of 
 his own, to cross-examine the witnesses examined by the board, 
 including the medical members of the board x who may have taken 
 part in the medical examination, and have stated or reported to the 
 board the result of the same. He may also submit a statement to 
 the board if he so desires, or take the stand as a witness (see sec. 
 623) , or such officer may be called as a witness by the board. (C. M. 
 O. 29, 1915, 6.) If such officer fails to appear before the board when 
 ordered, he waives the right to a hearing, and can not properly take 
 exception to a conclusion arrived at in his. absence. 
 
 685. Challenge. The statutory right to a " fair hearing " includes 
 
 the right to a hearing by an impartial board, and therefore the right 
 
 i 11 / 
 
 to challenge for cause. 
 
 
 OATHS. 
 
 < 
 
 686. It is provided by statute that members of a naval retiring 
 board " shall be sworn in each case to discharge their duties honestly 
 and impartially." (K. S., 1450.) 
 
 687. To members. The recorder administers the following oath to 
 each of the members : 
 
 " You, A B , C D , etc., and each of you solemnly swear (or 
 affirm) that you will honestly and impartially examine and report 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 315 
 
 upon the case of - , IT. S. Navy, now before the board 
 
 and about to be examined.'" 
 
 688. To recorder. The president administers the following oath to 
 the recorder. 
 
 " You, A B , do solemnly sAvear (or affirm) that you will keep 
 a true record of the proceedings of this board in the case of - 
 , noAV before the board and about to be examined." 
 
 689. To witnesses. The following oath shall be administered to 
 witnesses by the president of the board : 
 
 " You, A B . do solemnly swear (or affirm) that you Avill make 
 true ansAvers to such questions as may be put to you in the case of 
 , now under examination by this board." 
 
 S .89 
 POWERS OF THE BOARD; THE PROCEDURE. 
 
 690. Authority of retiring board. " Said retiring board shall be 
 authorized to inquire into and determine the facts touching the 
 nature and occasion of the disability of any such officer, and shall 
 haA r e such powers of a court-martial and of a court of inquiry as may 
 be necessary." (R. S., 1449.) 
 
 691. Powers of board. In the execution of the duty thus imposed by 
 law, the board is required to ascertain the nature and occasion of the 
 disability and its character and effect, as temporary or permanent. 
 The investigation of a retiring board is not restricted by any statute 
 of limitation. It may inquire into the matter of a disability, howeA r er 
 long since it may have originated. In accordance Avith the above- 
 quoted statute, the board shall have and .exercise such powers of a 
 court-martial and of a court of inquiry as may be necessary to deter- 
 mine the facts and reach a conclusion in the matter before it. 
 
 \ f M; i -> (U)'li' I; 
 
 692. Procedure. In general, the procedure, after the board and the 
 recorder hw been svor* is *s follow: 
 
 All papers haA T ing any bearing on the physical or mental condition 
 of the officer are read. The president of the board then directs the 
 medical members to examine into the past and present physical and 
 mental condition of the officer under examination. After such ex- 
 amination, the medical members shall report Avhether, in their opin- 
 ion, the officer is or is not incapacitated for actiA*e service in the 
 NaA^y. and Avhether his incapacity is or is not the result of an inci- 
 dent of the service. This preliminarv report shall be made orallv to 
 , u u -, L L 
 
 the board. 
 
 rru ^r J*> JLflQ* 
 
 I hereupon the officer is asked Avhether he desires to question the 
 medical members, to rebut their evidence, or to make a statement, 
 
 After the officer before the board has submitted his evidence, or 
 declared that he has nothing to offer, he shall be discharged from 
 further attendance before the board. But care shall be taken not to 
 26450 17 21 
 
316 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 discharge an officer under examination until his case is fully com- 
 pleted. 
 
 The medical members shall then submit a written report to the 
 board, under oath, certifying as to the past and present physical and 
 mental condition of the officer, stating the reasons that led them to 
 their conclusion. 
 
 THE FINDING. 
 
 T .689 
 
 693. "When said retiring board finds an officer incapacitated for 
 active service, it shall also find and report the cause which, in its 
 judgment, produced his incapacity, and whether such cause is an 
 incident of the service." (R. S., 1451.) 
 
 694. Retirement of officer failing physically for promotion, The act 
 of March 4, 1911 (36 Stat., 1267), provides as follows: " Hereafter, if 
 any officer of the United States Navy shall fail in his physical exami- 
 nation for promotion and be found incapacitated for service by rea- 
 son of physical disability contracted in the line of duty, he shall be 
 retired with the rank to which his seniority entitled him to be pro- 
 moted." Accordingly, when an officer has been found by a board 
 of medical examiners to be not physically qualified for promotion, 
 ~by reason of physical disability contracted in the line of duty (see 
 sec. 674) , and such finding has been approved, and the said officer is 
 then ordered before a retiring board, the latter board, in its finding, 
 shall specifically state whether or not the physical disability was con- 
 tracted in the line of duty; and the words line of duty, in all such 
 cases, must be set forth in the finding in order that the officer may 
 fall under the provisions of' the above-quoted act. 
 
 695. "Line of duty" and "Incident of the service." The phrase 
 " line of duty," as used in the act of March 4, 1911 (sec. 694) , should 
 be construed as having the same meaning with " incident of the serv- 
 ice," as used in section 1451 of the Revised Statutes (sec. 693). As 
 to what constitutes same see sections 609-612. 
 
 696. How determined. Courts of law are guided by the axiom that 
 an accused is innocent until he is 'proved guilty. It does not, how- 
 ever, follow that, in the case of a retiring board, a physical defect 
 is assumed to have resulted in line of duty until the Government 
 has proved the contrary. By statute, the retiring board is sworn 
 to discharge its duties honestly and impartially; it is authorized to 
 inquire into and determine facts touching the nature and occasion 
 of disability ; and upon it are conferred the powers of a court-martial 
 and court of inquiry. When it finds incapacity, it shall also find 
 and report the cause which, in its judgment, produced incapacity, 
 and whether such cause is an incident of the service. (R. S., 1449- 
 1451.) All questions relating to the physical condition of an officer 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 317 
 
 shall be determined by the full board on all the facts. In case of 
 dissent the majority report becomes the report of the board; 
 
 697. In case of physical disability not in the line of duty. In case the 
 board finds that the disability of an officer appearing before it was 
 not received in the line of duty, it shall be the duty of the president 
 to so inform such officer. 
 
 After a retiring board has decided that prima fade the incapacity 
 of an officer is the result of his own misconduct and has afforded such 
 officer an opportunity to be heard, it may thereupon, according to 
 the evidence, either adhere to or change its prima facie finding. 
 
 RECORD. 
 
 698. The record is made up, authenticated, and transmitted in ac- 
 cordance with the instructions laid down for naval examining boards. 
 (See sees. 646, 650-652.) 
 
 REVISION. 
 
 699. In any case in which the convening authority deems necessary 
 he may return the record to the board for a correction of its pro- 
 ceedings, or for a further inquiry or hearing and reconsideration 
 of its conclusions, as in the case of a court-martial. As the pro- 
 ceedings of a retiring board are not a trial, the board upon revision 
 may receive new evidence. 
 
 FINAL ACTION. 
 
 700. "A record of the proceedings and decision of the board in each 
 case shall be transmitted to the Secretary of the Navy, and shall be 
 laid by him before the President for his approval, disapproval, or 
 orders in the case." (R. S., 1452.) 
 

 - 
 
 
 ,OOT 
 
XXI. 
 
 MARINE EXAMINING BOARDS. 
 
 (R. S. 1493 and 1494.) 
 (26 Stat., 562.) 
 (27 Stat., 321.) 
 (30 Stat., 1009.) 
 (39 Stat., 183.) 
 (39 Stat., 611.) 
 
 319 
 
. 
 HAOII O/JtfltfAZa a/IHAM 
 
 
,i9b 
 
 MARINE EXAMINING BOARDS. 
 
 Page. 
 
 Convening authority 321 
 
 Constitution 321 
 
 Precept -. 322 
 
 Candidate 322 
 
 Procedure , 322 
 
 Oaths 322 
 
 Witnesses 322 
 
 Form of examination 322 
 
 Physical and mental fitness 323 
 
 Moral fitness 324 
 
 Professional examination 324 
 
 Finding and recommendation i_. 327 
 
 Record 327 
 
 Revision 328 
 
 Final action 328 
 
 Board of medical examiners ftttriflri-rf**eaC 328 
 
 
 
 CONVENING AUTHORITY. 
 
 rib* ifteO .60? 
 701. Convening authority. See section 615. 
 
 ^ 
 
 CONSTITUTION. 
 
 702. Constitution. "Hereafter promotions to every grade of com- 
 missioned officers in the Marine Corps below trie grade of com- 
 mandant shall be made in the same manner and under the same 
 conditions as now are or may hereafter be prescribed, in pursuance 
 of law, for commissioned officers of the Army: Provided, That ex- 
 amining boards which may be organized under the provisions of this 
 act to determine the fitness of officers of the Marine Corps for pro- 
 motion shall in all cases consist of not less than five officers, three of 
 whom shall, if practicable, be officers of the Marine Corps, senior to 
 the officer to be examined, and two of whom shall be medical officers 
 of the Navy : Provided further. That when not practicable to detail 
 officers of the Marine Corps as members of such examining boards, 
 officers of the line in the Navy shall be so detailed." (27 Stat, 321.) 
 
 703. Medical members. The medical officers shall take part only in 
 the mental and physical examination of the candidate for promotion. 
 (See sec. 716.) 
 
 321 
 
322 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 704. Recorder. A separate recorder shall be detailed who shall take 
 no part in examining the candidate, but, under the direction of the 
 board, shall record its proceedings and prepare the record. 
 
 IffLQtl 
 
 705. The precept shall state the time and place of meeting and 
 name the membership of the board. It may contain, be accompanied 
 by, or refer to special instructions relative to the conduct of the 
 examinations. In the absence of such the instructions hereinafter 
 set forth control. 
 
 CANDIDATE. 
 
 706. See sections 620-628, under naval examining boards, which 
 apply. . 
 
 PROCEDURE. 
 
 _______ ' >1/I 
 
 707. See sections 631-635, under naval examining boards, which 
 apply to marine examining boards. 
 
 ff J C> 
 
 ^1 
 
 UATHS. 
 
 708. Oath administered by president to recorder." You, A B , do 
 solemnly swear (or affirm) that you will keep a true record of the 
 proceedings of this board in the case of -- , now before 
 the board and about to be examined." 
 
 709. Oath administered by recorder to members. " You, A B , 
 C D , E F , and each of you solemnly swear (or affirm) that 
 you will honestly and impartially examine and report upon the case 
 of -- , now before the board and "about to be examined." 
 
 710. Oath administered by president to witnesses. Witnesses before 
 testifying shall be sworn by the president of the board, as follows: 
 ' : You, A B , do solemnly swear (or affirm) that you will make 
 true answer to such questions as may be put to you in the case 
 
 -ffl 1ST -- ' now under examination by the board." 
 
 )bllii ,_ .(II fl 
 
 -o-iq HlhfiM -Jilt } ITNESSES. )jft ^ Q ^ v 
 
 711. See sections 639-642, under naval examining boards, which 
 apply except that inquiries to officers regarding a candidate's fitness 
 for promotion are addressed by the Commandant of the Marine 
 Corps instead of the Bureau of Navigation. 
 
 .ab'inod ^nhi; u ') SflhfiM sifo 1- 
 
 FORM OF EXAMINATION. 
 
 .aiddnidni IfidihsM .807 
 
 712. Of what examination shall consist. When the candidate holds 
 the rank of lieutenant colonel or below, the board shall examine and 
 report upon (1) his mental and physical, (2) his moral, and (3) his 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 323 
 
 professional fitness for promotion, provided that " examinations of 
 officers in the grades of major and lieutenant colonel shall be confined 
 to problems involving the higher functions of staff duties and com- 
 mand." (39 Stat, 183.) When the candidate holds the rank of 
 colonel, he shall be subject only to "physical, mental, and moral 
 examination." (Act of Mar. 3, 1899 (30 Stat., 1009), as affected by 
 act of June 3, 1916 (39 Stat., 183).) 
 
 PHYSICAL AND MENTAL FITNESS. 
 
 713. Medical report. The medical members shall meet as a board of 
 medical examiners (see sees. 744 and 745) and shall thoroughly ex- 
 amine the candidate as to his physical qualifications for promotion. 
 They shall report in writing to the full board their opinion as to 
 the candidate's physical fitness for promotion, and, in case they find 
 him unfit, they shall state the particular causes therefor, and whether 
 or not, in their opinion, the disability was contracted in line of 
 duty. This report shall be signed by the medical members and 
 appended to the record. 
 
 714. Mental fitness. The mental fitness shall be assumed unless a 
 doubt thereof shall be raised in the mind of any member of the 
 board. 
 
 715. Medical record to be read aloud. The medical record of the 
 candidate since his last examination upon which he was promoted, 
 as furnished by the Navy Department, and other documents per- 
 taining to his physical fitness, including any pertinent extracts from 
 the military history, reports on fitness, interrogatories, etc., shall be 
 read aloud and appended to the record. In case of entries indicat- 
 ing unfitness, the matter shall be investigated by the board. 
 
 716. The mental and physical fitness to be decided by the entire 
 board. The mental and physical fitness of the candidate and all 
 questions which arise in connection therewith shall be voted upon by 
 each member of the entire board, and the votes of a majority shall 
 decide, except that the candidate may not be promoted unless found 
 physically qualified by the board of medical examiners. (See sec. 
 744.) When the board finds the candidate mentally and physically 
 qualified for promotion, the medical officers shall be excused from 
 further attendance with the board and the remaining parts of the 
 examination shall be conducted by the other members of the board. 
 
 717. Defects of vision. Defects of vision that may be entirely cor- 
 rected by glasses do not disqualify for promotion, unless they are due 
 to organic disease. 
 
 718. Procedure on physical disqualification. When the board decides 
 that the candidate is physically disqualified for promotion, the 
 examination as to his other qualifications shall not be held, but the 
 
324 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 board shall examine and report in full, according to the procedure 
 of a marine retiring board, upon the cause which, in its judgment, 
 produced the disability, and whether or not such disability was con- 
 tracted in the line of duty. (See Chap. XXII.) If the complete 
 medical record of the candidate is desired by the board to assist it in 
 arriving at its finding, this fact will be communicated by telegraph or 
 otherwise to the Commandant of the Marine Corps, and the board 
 will adjourn to await its receipt. 
 
 MORAL FITNESS. 
 
 10391 IfloibdM .81 Y 
 
 719. Moral fitness. The moral fitness of the candidate shall be 
 assumed, unless a doubt shall be raised by evidence of record or from 
 the general reputation of the candidate. In case such a doubt should 
 arise, it is not incumbent upon the Government to prove culpability, 
 but the onus of dispelling such a doubt is upon the candidate. 
 
 720. In case the moral fitness of the candidate is not assumed. If the 
 moral fitness of the candidate is not assumed, he shall be furnished 
 full information as to any allegations concerning his moral conduct, 
 names of accusers and witnesses, and documentary evidence against 
 him. He shall be allowed to examine such witnesses and evidence 
 and to testify and introduce evidence in its own behalf. (See sec. 
 711 and sees. 639-642 as to summoning witnesses in this connection.) 
 The candidate shall be given an opportunity to make a statement 
 Avith reference to his moral fitness. This statement, if made, shall 
 be appended to the record. (But see sec. 623.) 
 
 721. The board is not to consider any fact which occurred prior to the 
 last examination of the candidate whereby he was promoted. See sec- 
 tion 632. 
 
 THE PROFESSIONAL EXAMINATION. 
 
 //sod 
 
 722. The professional examination to be oral and practical. Exami- 
 nations in professional subjects shall be oral and practical. When 
 a candidate has been found unsatisfactory in any subject on oral 
 examination, written examination in such subject shall be proceeded 
 with immediately following the oral examination. In case of failure 
 upon practical examination in any subject, the board shall conduct a 
 second practical test of sufficient scope to determine beyond doubt 
 the actual degree of efficiency of the candidate in that subject. 
 
 723. Presence of members during examination. During the oral and 
 practical examinations all the members, except the medical mem- 
 bers, shall be present. Written examinations, when necessary,- may 
 be conducted in the presence of one member of the board, for which 
 purpose the board may be divided into committees before whom the 
 examinations will be continued from day to day until completed, 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 325 
 
 after which the board shall reassemble to determine its findings. In 
 case of the absence of a member or of the recorder, at a time when 
 the full board is in session, the record shall show the reason therefor, 
 and, if the absence is to be more than temporary, the board shall 
 adjourn and the president shall inform the convening authority of 
 the facts. 
 
 724. General character of the professional examination. The exami- 
 nation as to the candidate's professional fitness shall be such as will 
 fully test his knowledge of the general profession of arms, of all the 
 details of the part or parts of his profession in which by reason of 
 his opportunities he should have perfected himself, and of the gen- 
 eral principles of all the duties that may devolve upon him by reason 
 of his promotion to the next higher grade. In all examinations the 
 board shall form their opinion of an officer's professional qualifica- 
 tions by comparison of his knowledge with his age, service, and 
 opportunities for acquiring such knowledge. The examination shall 
 be sufficiently comprehensive and exhaustive to determine the degree 
 of proficiency of the candidate in each subject. The use of diagrams 
 and sketches to expedite and elucidate the answers to questions is 
 authorized. 
 
 725. Scope of examination. The board will confine its questions on 
 the oral, written and practical examinations to the latest editions of 
 various professional publications as set forth from time to time in 
 Marine Corps Orders, except when, in the opinion of the board, the 
 candidate for promotion has not had sufficient time properly to pre- 
 pare himself in the latest edition of any specified publication. In 
 this event, the questions may be based on the preceding edition of 
 the work. Marine Corps orders will, from time to time, prescribe 
 the scope and the various subjects for the examination of officers of 
 the staff departments and of the line, who are candidates for pro- 
 motion. Officers of the line detailed in the staff departments will 
 be examined in the same subjects as officers of the line not so detailed. 
 Boards will strictly adhere to these prescribed subjects. 
 
 726. Troops and material to be furnished. Commanding officers of 
 posts at or in the vicinity of which boards may be appointed to 
 meet shall furnish, upon request, such available troops and material 
 as may be required by boards for holding practical examinations. In 
 case of unpropitious weather, practical exercises may be postponed 
 from day to day, but shall never be omitted or curtailed. 
 
 727. Preparation of questions and marking. Before beginning the 
 examination in a subject, the board shall prepare such questions, not 
 more than ten, and such practical exercises as it may deem appro- 
 priate for testing the candidate's knowledge and ability. As each 
 question is answered, or each exercise completed, each member of 
 the board shall note his estimate of the value of the answer given or 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 of the exercise conducted. These estimates shall be made on a scale 
 of 4 to 0, 4 representing perfect, and the average of a member's 
 estimates shall be his mark for the subject. The average of the 
 members' marks shall be the mark of the board in that subject. In 
 case the mark of the board in any subject is less than 3.0, the can- 
 didate shall be considered as unsatisfactory in that subject, and the 
 board will proceed with the written examination, or the second prac- 
 tical exercise, as directed in section 722, and the mark attained therein 
 will be the candidate's mark in that subject. No officer will be 
 recommended for promotion who fails to attain a mark of 3.0 in 
 each subject, including general efficiency. 
 
 728. Examinations to continue from day to day. The candidate shall 
 be furnished only such number of questions or be required to conduct 
 such practical exercises as he may be able to answer or complete be- 
 fore a recess or adjournment is taken. Examinations shall continue 
 from day to day, Sundays and holidays excepted, until completed. 
 
 729. Officers holding certificates from service schools. Except that 
 there are no exemptions from examination as to mental, physical, 
 and moral fitness, as to general efficiency, and as to practical drills 
 and exercises involving actual command of troops, where such are 
 prescribed, officers holding certificates from the service schools enu- 
 merated below are exempt from examination in the subjects men- 
 tioned therein, and officers holding certificates from the Naval War 
 College and Army War College are exempt from all examination, 
 with the exceptions noted above, when the vacancy accrues or the 
 examination is held within the periods subsequent to date of certifi- 
 cate hereinafter prescribed : 
 
 (a) Marine Officers' School: Passed with distinction, 5 years; 
 passed with credit, 4 years ; passed, 3 years. 
 
 (b) Army School of the Line: Honor graduate, 5 years; distin- 
 guished graduate, 4 years ; graduate, 3 years. 
 
 (c) Naval War College: 6 years. 
 
 ( d) Army War College : 6 years. 
 
 730. Mark in general efficiency; how determined. The mark in gen- 
 eral efficiency shall be based upon reports of fitness, answers to inter- 
 rogatories; documentary evidence submitted to the board by the 
 Navy Department, the Commandant of the Marine Corps, or the 
 candidate ; and such other relevant evidence as may be submitted by 
 the candidate or obtained b}^ the board on its own initiative. When 
 unsatisfactory, the candidate must be afforded opportunity to be 
 heard thereon. 
 
 731. Marks reported. Marks in each subject shall be reported. In 
 case of an unsatisfactory mark in any subject, oral or practical, it 
 shall be entered in red ink, and the mark in the written examination 
 or second practical examination (see sec. 722) shall be entered imme- 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 3 '2 7 
 
 diately thereafter. This second mark, if unsatisfactory, shall also be 
 in red ink. 
 
 THE FINDING AND RECOMMENDATION. 
 
 732. Rule governing. See section 643. 
 
 733. How expressed. The finding and recommendation of the board 
 shall state whether or not the candidate is found qualified to per- 
 form the duties of the next grade to which he will be eligible under 
 each of the heads enumerated in section 712, and whether or not the 
 board recommends his promotion thereto. It shall also specifically 
 name the grade or, if more than one, grades for promotion to which 
 the candidate has been examined. 
 
 734. How signed. Except as provided in the following section, the 
 finding and recommendation of the board shall be signed by all con- 
 curring members, exclusive of medical members. Any member, ex- 
 cept a medical member, who dissents therefrom shall state his 
 reasons therefor, which reasons shall be entered in the record after 
 the finding of the other members and signed by the dissenting 
 member. 
 
 735. In case of physical disqualification. In case of physical dis- 
 qualification the procedure outlined in section 718 is followed. 
 
 736. Findings and recommendations to be regarded as confidential. 
 The findings and recommendations of the board shall be regarded 
 by the members and the recorder as confidential until they shall 
 
 have been made public by the department. 
 
 " 
 
 THE RECOED 
 
 -lo f i 
 
 737. See sections 646-647 and 649-652, under naval examining 
 boards, which apply to the record of a marine examining board. 
 
 738. Candidate's certificates. The candidate's certificate as to his 
 physical qualifications (see sec. 672, which applies) shall be signed 
 by himself, as of the date of examination. At the conclusion of the 
 examination the candidate shall be called upon to sign and submit a 
 certificate to the effect that he has not received assistance from any 
 unauthorized source. Both of the above certificates shall be ap- 
 pended to the record. (For form see pp. 473-474.) 
 
 739. Copies of questions, answers, marks, etc., appended. There shall 
 be appended to the record in each case a copy of all questions asked 
 and a description of all practical exercises, which will show, in the 
 case of the oral and practical examinations, the marks assigned by 
 the individual members of the board and the marks assigned by the 
 board as a whole to each. In the case of a written examination, each 
 
 question shall be attached to the record together with the answers 
 
 ... , t , ,. -. , 
 
 thereto written by the candidate. 
 
 J *'. oiJ!>93 nr batou 
 
328 INSTRUCTIONS FOB COURTS AND BOARDS. 
 
 EEVISION. 
 
 740. See section 053, under naval examining boards, which applies. 
 
 FINAL ACTION. 
 
 t 
 
 741. Marine examining boards, being governed by the laws relating 
 to promotion in the Army (see sec. 702), do not require the action 
 of the President, but may be finally acted upon by the Secretary of 
 the Navy. 
 
 742. In case of .an officer found " unfit for promotion." i; * * * if 
 any officer fails to pass a satisfactory examination and is reported 
 unfit for promotion, the officer next below him in rank, having 
 passed said examination, shall receive the promotion. And pro- 
 vided, That should the officer fail in his physical examination and 
 be found incapacitated for service by reason of physical disability 
 contracted in the line of duty he shall be retired with the rank to 
 which his seniority entitled him to be promoted ; but if he should 
 fail for any other reason he shall be suspended from promotion for 
 one year, when he shall be reexamined, and in case of failure on such 
 reexamination he shall be honorably discharged with one year's pay 
 from the Army * * * " (26 Stat., 562, act regulating promotions 
 in the Army, applicable to the Marine Corps). 
 
 743. In case of professional failure. "In lieu of suspension from 
 promotion of any officer of the Marine Corps who hereafter fails to 
 pass a satisfactory professional examination for promotion, or who 
 is now under suspension from promotion by reason of such failure, 
 such officer shall suffer loss of numbers, upon approval of the recom- 
 mendation of the examining board, in the respective ranks, as fol- 
 lows: Lieutenant colonel, one; major, two; captain, three: first lieu- 
 tenant, five ; second lieutenant, eight : Provided, That any such officer 
 shall be reexamined as soon as may be expedient after the expiration 
 of six months if he in the meantime again becomes due for promo- 
 tion, and if he does not in the meantime again become due for 
 promotion he shall be reexamined at such time anterior to again be- 
 coming due for promotion as may be for the best interest of the 
 service: Provided further, That if any such officer fails to pass a 
 satisfactory professional reexamination he shall be honorably dis- 
 charged with one year's pay from the Marine Corps." (39 Stat., 
 611.) 
 
 BOAKD OF MEDICAL EXAMINERS. 
 
 744. R. S. 1493 and 1494 apply to Marine Corps." The provisions of 
 sections fourteen hundred and ninety-three and fourteen hundred 
 and ninety-four of the Eevised Statutes of the United States shall 
 apply to the Marine Corps." (39 Stat., 611.) E. S. 1493 and 1494 
 are quoted in sections 663 and 664. 
 
INSTRUCTIONS FOR COURTS AND BOARDS. 329 
 
 745. Board of medical examiners necessary, The above statute makes 
 necessary, in the case of candidates for promotion in the Marine 
 Corps, an examination by a board of medical examiners as well as 
 by a marine examining board. For procedure of a board of medical 
 examiners see Chapter XIX. The board of medical examiners may 
 consist of the medical members of the marine examining board but 
 must meet as a separate board and make a separate report, which 
 will be appended to the report of the marine examining board. 
 
' 
 
 Bxa iBoitera lo btsoS. 
 
 . 
 
 . 
 
 tHfl I 
 
XXII. 
 
 MARINE RETIRING BOARDS. 
 
 (R. S. 1622-1623; 1245-1253.) 
 
 26450 17 22 331 
 
.11. 
 
 -r/iifln 
 
MARINE RETIRING BOARDS. 
 
 Page. 
 
 When ordered 333 
 
 Convening authority 333 
 
 Constitution 333 
 
 The rights of the officer before the board 334 
 
 Oaths 334 
 
 Powers of the board procedure 335 
 
 The finding 1 ^ ' 335 
 
 Record 335 
 
 Revision 336 
 
 Final action__ 336 
 
 WHEN ORDERED. 
 
 746. "When any officer has become incapable of performing the 
 duties of his office, he shall be either retired from active service, or 
 wholly retired from the service, by the President, as hereinafter 
 provided." (R. S., 1245.) 
 
 When any officer on the active list becomes physically incapaci- 
 tated to perform the duties of his office, and the probable duration 
 of such incapacity is permanent or indefinite, he will immediately 
 be ordered before a retiring board, and, pending final action upon 
 the question of his retirement, will not be examined for promotion. 
 But when an officer's physical incapacity develops after he has be- 
 come due for promotion, the provisions of section 718 apply. 
 
 CONVENING AUTHORITY. 
 
 747. See section 615. 
 
 CONSTITUTION. 
 
 748. " The commissioned officers of the Marine Corps shall be re- 
 tired in like cases, in the same manner, and with the same relative 
 conditions, in all respects, as are provided for officers of the Army, 
 except as is provided in the next section." (R. S., 1622.) 
 
 749. Composition of board. " In the case of an officer of the Marine 
 Corps, the retiring board shall be selected by the Secretary of the 
 Navy, under the direction of the President. Two-fifths of the board 
 
 333 
 
334 INSTRUCTIONS FOE COURTS AND BOARDS. 
 
 shall be selected from the Medical Corps of the Navy, and the re- 
 mainder shall be selected from officers of the Marine Corps, senior in 
 rank, so far as may be, to the officer whose disability is to be inquired 
 of." (R. S., 1623.) 
 
 750. Number on board. A retiring board shall consist "of not more 
 than nine nor less than five officers." (R. S., 1246.) 
 
 751. Hank of members. The provision of the statute as to the rank 
 of the members is directory only, and the decision of the convening 
 authority, as evidenced by the selection of the members of the 
 board, is conclusive. 
 
 752. The recorder. See sections 563 and 564, 
 . 
 
 THE RIGHTS OF THE OFFICERS BEFORE THE BOARD. 
 
 753. Officers entitled to a hearing. "Except in cases where an offi- 
 cer may be retired by the President upon his own application, or by 
 reason of his having served forty-five years, or of his being sixty- 
 two years old, no officer shall be retired from active service, nor shall 
 an officer, in any case, be wholly retired from the service, without 
 a full and fair hearing before an Army retiring board, if, upon due 
 summons, he demands it " (E.S., 1253.) _ ', i}ofa - 
 
 754. Interpretation of the above statute.-See section 684. 
 
 755. Challenge. See section 685. 
 
 Q 
 
 ' 
 
 756. It is provided by statute that the members of a retiring 
 board " shall be sworn in every case to discharge their duties honestly 
 and impartially." (R. S, 1247.) 
 
 757. To the members.-The recorder of the board administers the 
 following oath to each of the members: 
 
 "You, A B -, C D -, etc., and each of you, sol- 
 emnly swear (or affirm) that you will honestly and impartially 
 examine and report upon the case of - , U. S. Marine 
 
 Corps, now before the board and about to be examined." 
 
 758. To the recorder. The president of the board then administers 
 the following oath to the recorder : 
 
 " You, A B , do solemnly swear (or affirm) that you will 
 
 keep a true record of the proceedings of this board in the * case 
 of , now before the board and about to be examined." 
 
 759. To witnesses. The president of the board shall administer 
 the following oath to witnesses : 
 
 " You, A B -, do solemnly swear (or affirm) that you will 
 
 make true answers to such questions as may be put to you in the 
 case of , now under examination by this board." 
 
INBTEUCTIONS FOR COURTS AND BOARDS. 335 
 
 POWERS OF THE BOARD THE PROCEDURE. 
 
 760. Authority of retiring board. "A retiring board may inquire 
 into and determine the facts touching the nature and occasion of the 
 disability of any officer who appears to be incapable of performing 
 the duties of his office;, and shall have such powers of a court-martial 
 and of a court of inquiry as may be necessary for that purpose." 
 (R.S.,1248.) 
 
 761. Powers. See section 691, . Y tf OBITJKM ,i juft jwifW 077 
 
 762. Papers bearing on physical condition read. After the board and 
 the recorder have been sworn, all papers having any bearing on the 
 physical condition of the officer under examination shall be read. 
 The medical officers are then directed to examine into the past and 
 present physical condition of the officer before the board. 
 
 763. Inquiry to be made as to whether the officer does or does not de- 
 sire retirement. The officer before the board is then asked whether 
 he desires to be retired. If he replies in the affirmative, he shall be 
 sworn as a witness and state under oath the nature and cause of his 
 disability. The recorder or the board will ask such questions as will 
 help to bring out the facts. He may also be interrogated as to his 
 military history, if it be deemed desirable to do so. If the officer 
 does not desire to be retired, his examination, and that of any wit- 
 nesses he may wish to call, shall be postponed until after the medical 
 members have been examined. (See C. M. O. 29, 1915, 6.) 
 
 764. Eeport of medical officers. The senior medical officer of the 
 board is the next witness. He is called on to submit the result (re- 
 duced to writing and signed by the medical officers) of the medical 
 examination of the officer before the board, And he is interrogated as 
 to the cause and permanency of the disability and the degree of in- 
 capacity for active service. The other medical officer (s) is (are) 
 (similarly examined. 
 
 765. Extent of the inquiry, See section 684, 
 
 THE FINDING. 
 
 766. Hetiring board must state whether incapacity is incident of serv- 
 ice. " When the board finds an officer incapacitated for active serv- 
 ice, it shall also find and report the cause which, in its judgment, has 
 produced his incapacity, and whether such cause is an incident of 
 service." (E. S., 1249.) See, in this connection, sections 695, 696, 
 and 742. 
 
 RECORD. 
 
 767. As to making up, authenticating, and transmitting the record, 
 see sections 646 and 650-652. 
 
336 INSTRUCTIONS FOR COURTS AND BOARDS. 
 
 REVISION. 
 
 768. See section 099. 
 
 FINAL ACTION. 
 
 769. The proceedings and decision of the board shall be laid before 
 the President for his approval or disapproval and orders in the case. 
 (E, S., 1250.) 
 
 770. When the incapacity is a result of an incident of service. 
 " When a retiring board finds that an officer is incapacitated for active 
 service, and that his incapacity is the result of an incident of service, 
 and such decision is approved by the President, said officer shall be 
 retired from active service and placed on the list of retired officers." 
 (R, S., 1251.) See, in this connection, section 742. 
 
 771. When the incapacity is not the result of an incident of service. 
 " When the board finds that an officer is incapacitated for active serv- 
 ice, and that his incapacity is not the result of any incident of service, 
 and its decision is approved by the President, the officer shall be 
 retired from active service, or wholly retired from the service, as 
 the President may determine." (R. S., 1252.) 
 
 isoffio IsoiJbeflr to taoqaH .87 
 
 
PART II. 
 
 PROCEDURE FOR COURTS 
 AND BOARDS IN THE NAVY. 
 
 
(I THA'I 
 
 o flcr* a/iLj 
 
 !IT ra gQflAOa f I 
 
I. 
 
 GENERAL COURTS MARTIAL. 
 
 (Chapter IX. Part I.I 
 
 339 
 
.JAlTfl JAflH 
 
INCIDENTS OF A TKIAL BY GENERAL COUKT-MAETIAL. 
 
 1. Court meets. 
 
 2. Provost marshal reports. 
 
 3. Stenographer (clerk) introduced. 
 
 4. Accused introduced. 
 
 5. Accused signifies wishes as to counsel. 
 
 6. Counsel, if any, introduced. 
 
 7. Precept and other documents relating to organization read by judge advocate. 
 
 8. Challenge of members. 
 
 9. Judge advocate sworn by president. 
 
 10. Members sworn by judge advocate. 
 
 11. Stenographer (clerk) sworn by judge advocate. 
 
 12. Has accused received copy of charges and specifications? If so, when? 
 
 33. Form of charges and specifications considered and pronounced correct (or 
 as the case may be). 
 
 14. Accused asked if he is ready for trial. 
 
 15. All witnesses not otherwise connected with the trial directed to withdraw. 
 
 16. Letter containing charges and specifications read. 
 
 17. Arraignment. 
 
 18. Preliminary motion (if any). 
 
 19. Plea to issue. 
 
 20. Prosecution begins. 
 
 21. Prosecution rests. 
 
 22. Defense begins. 
 
 23. Defense rests. 
 
 24. Rebuttal. 
 
 25. Surrebuttal. 
 
 26. Statements or arguments. 
 
 27. Trial finished. 
 
 28. Court cleared for deliberation on finding. 
 
 29. Judge advocate recalled to record finding. 
 
 30. Judge advocate informs court as to previous convictions. 
 
 81. Court opened to receive any record of previous convictions. 
 
 82. Court cleared for deliberation on sentence. 
 
 83. Judge advocate recalled to record sentence. 
 
 84. Adjournment (or court opened to take up next case). 
 
 341 
 
JAITSA1&TS1 
 
 CASE or 
 LIEUTENANT X - Y. Z , 
 
 IT. S. NAVY, 
 JULY 16 19 . 
 
 85 
 
 . 
 
 RECORD OF PROCEEDINGS 
 
 i .7 
 OF A 
 
 GENERAL COURT MARTIAL 
 
 CONVENED AT 
 
 THE NAVY YARD, PHILADELPHIA, PA., 
 
 BY ORDER OF 
 
 THE SECRETARY OF THE NAVY. 
 82 to 92. 
 
 Var. . convened on board the U. S. S. Pennsylvania by order of the 
 
 commander in chief, U. S. Atlantic Fleet. 
 
 218 
 
 Var, , 
 
 Letter to commandant, Portsmouth, July * , 19. 
 
 Letter to auditor, July -, 10. 
 
 388 
 
 . 
 Copy furnished. 
 
 To** Oot>y waived 
 
 ftttlbaft bioodi ot hL 
 
 368 to 369 atn&ovb/: 
 
 
 91 
 
 ^^ iri, .8?. 
 
 .(eaut> Jxsa qu s/taJ ctf beuecjo liuos uuj jnecaanjotby 
 
 : : 
 
PROCEDURE FOR COURTS AND BOARDS. 343 
 
 PKECEPT FOR GENERAL COURT MARTIAL. 
 
 NAVY DEPARTMENT, 
 Washington, July , 19 . 
 
 y 5 y ? 
 
 To : Captain A B, G , U. S. Navy, navy yard, Philadelphia, Pa., 
 
 via commandant. 
 Subject : Precept for a general court-martial. 
 
 1. A general court-martial is hereby ordered to convene at the navy yard, 
 Philadelphia, Pa., at 10 o'clock :i. in., on Monday, July ,19 , or as soon there- 
 after as practicable, -for the trial of such persons as may be legally brought 
 before it. 
 
 2. The court is composed of the following members, any live of whom aiv 
 empowered to act, viz : 
 
 Captain A - - B, C - , U. S. Navy. 
 
 Commander D E, F - , U. S. Navy. 
 
 Captain G - - H, I - , U. S. Marine Corps. 
 
 Lieutenant J - - K, L - , U. S. Navy. 
 
 Lieutenant M - - N, O - , U. S. Navy. 
 
 First Lieutenant P - - Q, R - , U. S. Marine Corps. 
 
 Lieutenant (j. g.) S - - T, U ,.U. S. Navy. 
 
 219 to 227 
 
 and of First Lieutenant V - - V, W - , U. S. Marine Corps, as judge 
 advocate. 
 
 251 
 
 3. No other officers can be detailed without injury to the service. 
 
 4. Detachment of an officer from his ship or station does not of itself relieve 
 him from duty as a member or judge advocate of a court. Specific orders for 
 such relief are necessary. 
 
 5. (This employment on shore duty is required by the public interests.) The 
 court is authorized to adjourn over any holiday prescribed by article R-1289. 
 U. S. Navy Regulations, 1913. 
 
 In case a new precept is issued to a court already in session, add: You will 
 inform the members and the judge advocate that they will continue on court- 
 martial duty under their previous orders. 
 
 Secretary of the Navy. 
 228 to 231 
 
 In case the convening authority derives such authority from the 
 Secretary of the Navy, see p. 367. 
 
 
 
 FIRST DAY. 
 
 NAVY YARD, PHILADELPHIA, PA., 
 Var. U. S. S. "PENNSYLVANIA," off , 
 
 Thursday, July 16, 19. 
 
 215 to 217 
 The court met at 10a.m. 
 
344 PROCEDURE FOR COURTS AND BOARDS. 
 
 Present : 
 
 Captain A - B. C , U. S. Navy ; 
 Commander D - E. F , U. S. Navy; 
 Captain G - H. I , U. S. Marine Corps ; 
 Lieutenant J - K. L , U. S. Navy ; 
 
 Lieutenant M - N. O , U. S. Navy; 
 
 First Lieutenant P Q, R , U. S. Marine Corps ; and 
 
 Lieutenant (j. g.) S - T. U , U. S. Navy, members, and 
 
 First Lieutenant V- - V. W- , U. S. Marine Corps, Judge 
 
 Advocate. 
 
 358 
 
 First Lieutenant C B. A , U. S. Marine Corps, re- 
 ported as provost marshal. 
 
 274 to 275 
 
 The Judge Advocate introduced F E. D : as stenog- 
 rapher (clerk) (interpreter), stating the authority whereby he was 
 appointed as such. 
 
 269 to 273 
 
 The accused entered and stated that he did not wish counsel. 
 
 263 to 264 
 
 Var. 1. . entered and requested that Ensign L N , U. S. 
 
 Navy, act as his counsel. (Ensign N entered.) 
 
 Var. 2. The accused was informed that his request to have Ensign L 
 
 N act as his counsel was not approved for the reason that (give reason) ; 
 
 he then requested that Lieutenant O P , U. S. Navy, act as his 
 
 counsel. Or, He thereupon requested that counsel be detailed for him, and 
 the commandant (senior officer present) was requested by the court to detail 
 an officer to act as such. 
 
 265 to 268 
 
 (Should the judge advocate require counsel). 
 
 The judge advocate read an order from the convening authority, 
 
 copy (original) appended, marked " ," detailing Lieutenant 
 
 B B. B , U. S. Navy, to act as counsel to assist the judge 
 
 advocate. Lieutenant B entered. 
 
 Var. . , authorizing Mr. A A. A , of the Department of 
 
 Justice, to act as counsel to assist the judge advocate. Mr. A entered. 
 
 260 to 262 
 
 The judge advocate read the precept (and modifications thereof), 
 
 copy prefixed, marked " ." 
 
 w r 5 
 
 229 to 230 
 
I'ROOKDUKE FOE COURTS AND BOARDS. 345 
 
 Var. In case any member or members are absent add, and the medical cer- 
 tificate (orders detaching, etc.}, in the case of , copy prefixed, marked, 
 
 ," (or, and the letter from explaining his absence, copy prefixed, 
 
 marked " "). 
 
 242 to 247 
 
 The accused stated that he did not object to any member. 
 
 Var. 1. The accused objected to Lieutenant J K. I; , U. S. Navy, 
 
 because (here state reason). 
 
 The court was cleared, the challenged member did not wish to make any 
 reply (or replied as follows ) and withdrew. 
 
 (Should the accused wish to examine the challenged member.) 
 
 Upon request of the accused, the challenged member took the stand and was 
 examined on his voir dire as follows : 
 
 (Examination as hereinafter given for the defense.) 
 
 (Should the accused wish to support his challenge by the evidence of wit- 
 nesses. ) 
 
 ' a witness for the accused, was called and examined on his voir dire 
 as follows : 
 
 The court was cleared. 
 
 The court was opened. All parties to the trial entered; the president an- 
 nounced that the objection of the accused was sustained, and Lieutenant J 
 
 K. L - was excused from serving as a member in this case (or, the presi- 
 dent announced that the objection of the accused was not sustained). 
 
 The accused did not object to any other member. (Or, - - next objected 
 to - .) 
 
 (Same procedure as above.) 
 
 Var. 2. The judge advocate objected to . (Same procedure as in the 
 case of a challenge by the accused, except that examinations are made as here- 
 inafter given for the prosecution.) 
 
 The judge advocate did not object to any other member. (Or, next 
 
 objected to .) 
 
 Var. 3. The court, being reduced below the legal quorum, informed the 
 convening authority to that effect, copy of letter appended, marked " ," 
 and then took a recess until 2.30 p. m., the same date, when it reconvened. 
 
 Present : All the members except Lieutenant J K. L , U. S. Navy, 
 
 the judge advocate, the accused (counsel), and Lieutenant R - V. S , 
 U. S. Navy, appointed a member by the convening authority, vice Lieutenant 
 
 J - K. L , U. S. Navy, relieved. The order so modifying the precept 
 
 is prefixed, marked " ." 
 
 277 to 282 
 
 The judge advocate, each (remaining) member, and the stenog- 
 rapher (clerk) (interpreter) were duly sworn. 
 
 283 to 290 
 
 The accused stated that he had received a copy of the charges and 
 specifications preferred against him on July , 19 . 
 
 232 to 233 
 
346 PROCEDURE FOR COURTS AND BOARDS. 
 
 ' Var. 1. The judge advocate read a letter from the convening author ity, ap- 
 pended, marked " ," authorizing and directing him to make a change 
 
 (changes) in the specifications, and stated that the same had been made both 
 in the original and in the copy in the possession of the accused. 
 
 57 
 
 Var. 2. The judge advocate read a letter from the convening authority, 
 
 appended, marked " ," directing him to enter a nolle prosequi as to the 
 
 specification of the charge, and a nolle prosequi was so entered. 
 
 60 
 
 The judge advocate asked the accused if he had any objection to 
 make to the charge (s.) and specification (s). 
 
 235 
 
 
 
 The accused replied in the negative. 
 
 Var. 1. The accused replied in the affirmative, stating that in the specifica- 
 tion (s) he is charged by the name of Henry Johnson, whereas he is now and 
 from earliest childhood has been known by the name of Henry Johnstone, and 
 this he is ready to verify. ( Or as the case may be. ) 
 
 Var. 2. The judge advocate called attention to the fact that (here state the 
 defect). 
 
 The court was cleared. 
 
 258 
 
 The court was opened. All parties to the trial entered, and the 
 president announced that the court found the charge (s) and specifi- 
 cation (s) in due form and technically correct. 
 
 235 
 
 Var. 1. the president announced that the court, having found the 
 
 specifications (or as the case may be) not in due form, had sent a communica- 
 tion to the convening authority, copy appended, marked " ," and would 
 await a reply. The court then, at a. m., took a recess (adjourned) until 
 p. m., the same date (until a. m., to-morrow, - ), when it recon- 
 vened. Present: The members and all parties to the trial. 
 
 361 
 
 The charges and specifications having been returned to the court, the judge 
 advocate was directed to correct the copy in the hands of the accused to cor- 
 respond with the charges and specifications just received from the convening 
 authority (with the charges and specifications corrected by direction of the 
 convening authority, copy of letter appended, marked " " ) . 
 
 The judge advocate asked the accused if he had any objection to make to the 
 charges and specifications, as amended (corrected). 
 
 The accused replied in the negative. (Or as the case may be.) 
 
PROCEDURE FOR COURTS AND BOARDS. 347 
 
 The court was cleared. 
 
 The court was opened. All parties to the trial entered, and the president 
 announced that the court found the charges and specifications in due form and 
 technically correct. 
 
 Var. 2. The court was opened. All parties to the trial entered, and the presi- 
 dent announced that the court would proceed with the trial on the charges and 
 specifications as originally received, copy of letter from the convening author- 
 ity appended, marked " ." 
 
 Var. 3. The court was opened. All parties to the trial entered, and the presi- 
 dent announced that the objection of the accused was overruled, and that the 
 court found the charges and specifications In due form and technically correct. 
 
 56 
 
 The accused stated that he was ready for trial. 
 
 Var. The judge advocate (accused) requested a postponement of the trial. 
 (State reason.) 
 
 The court was cleared. The court was opened, and all parties to the trial 
 entered. 
 
 The court then, at a. m., adjourned until a. m., to-morrow, 
 
 Friday. (Or, The court was opened. All parties to the trial entered, and the 
 president announced that the court had decided to proceed with the trial.) 
 
 291 
 
 ' 
 
 No witnesses not otherwise connected with the trial were present. 
 
 140 
 
 Var. 1. In accordance with the direction of the court, all witnesses not 
 otherwise connected with the trial withdrew. 
 
 Var. 2. The court summoned all the witnesses in the case and instructed 
 them not to converse with any person, other than parties to the trial, con- 
 cerning any feature of the case whatsoever and not to allow any witness who 
 has testified to communicate in any manner anything to them concerning testi- 
 mony given on the stand. 
 
 ><b " Yff 
 
 The judge advocate read the letter containing the charge (s) and 
 
 specification (s), original prefixed, marked " ," and arraigned 
 
 the accused as follows : 
 
 Q. Lieutenant X Y. Z , U. S. Navy, you have heard 
 
 the charge (s) and specification (s) of charge (s) preferred against 
 you; how say you to the specification of the (first) charge, guilty or 
 
 not guilty? 
 
 292 to 293 
 
 A. Not guilty (guilty) (guilty except to words - , to which 
 
 1 * 1 j \ / rr^i -i -i \ 
 
 words not gmlty), (The accused stood mute.) ^ ^ 
 
 26450-17 23 gOE ot 808 
 
348 PROCEDURE FOR COURTS AND BOARDS. 
 
 Q. To the first specification of the second charge, guilty or not 
 
 A. * 
 
 Q. To the second specification of the second charge, guilty or not 
 
 guilty ? !' dtiw 
 
 ^ # * * 
 
 Q. To the second charge, guilty or not guilty ? 
 
 7 * * * 
 
 301 to 310 
 
 Var. Before pleading to the issue the, accused (counsel) made a motion to 
 strike out the (first) specification of the (first) charge on the ground that said 
 .specification alleges an offense committed more than two years before the 
 issuing of the order for trial, and the accused claims the benefit of the provi- 
 sions of article 61, A. G. N. (Or, state the grounds of such motion, as the 
 c.'ise may be, and how much of the charges and specifications it is intended to 
 attack.) In support of his motion the accused desired to call a witness to 
 establish that he did not come within the exceptions stated in article tjl. 
 A. G. N. A witness in behalf of the accused entered and was duly sworn. 
 (Testimony is taken in the manner hereinafter given for the defense; such 1cx- 
 timony may be rebutted by the judge advocate.} (Or, the accused stated that 
 he had no evidence to introduce in support of his motion. ) 
 
 The accused (comnsel) made an argument in support of his motion, a brief 
 of which is appended, marked " ." ., 9I f j o ion a9a g. jn Jiw 
 
 317 
 
 The judge advocate replied (did not desire to reply) ; (or, requested until 
 p. m., in order to prepare his reply ; the court took a recess until p. m., 
 at which time it reconvened. Present: The members and all parties to the 
 trial. The judge advocate read an argument in reply to the motion of the 
 accused, copy appended, marked " .") 
 
 The court was cleared. 
 
 The court was opened, and all parties to the trial entered. The president 
 announced that the court overruled the motion of the accused. The judge 
 advocate asked the accused if he had any further motion to offer. (If so, 
 sa~me as before.) The accused replied in the negative and the judge advocate 
 re-arraigned the accused as follows: (Or, the president announced that the 
 court decided to sustain the motion of the accused. The president thereupon 
 addressed a communication to the convening authority, copy appended, marked 
 
 " ," transmitting ao extract from the proceedings of the court relative to 
 
 the motion. Pending a reply from the convening authority, the court then, at 
 - p. n,, adjourned until 10 a. in. to-morrow.) 
 
 294 to 300 
 
 (When applicable to the plea). The accused was duly warned as 
 to the effect of his plea. 
 
 The accused persisted in his plea (or. withdrew his plea of Guilty 
 and substituted a plea of Not Guilty). 
 
 306 to 308 
 
PROCEDURE FOR COURTS AND BOARDS. 349 
 
 Far. (When applicable to the plea). The court was cleared. The court was 
 opened. All parties to the trial entered and the president announced that the 
 court decided to reject the plea of the accused. The accused, by advice of the 
 judge advocate, withdrew his former plea and substituted a plea of Not 
 Guilty. (Or, the accused declined to plead as advised by the judge advocate, 
 who was thereupon directed by the court to proceed as though a plea of Not 
 Guilty had been entered.) 
 
 310 
 
 The prosecution began. 
 
 Far. The prosecution offered no evidence. 
 
 205 
 
 A witness for the prosecution entered and was duly sworn. 
 
 288 
 
 Far. A member (the judge advocate) was called as a witness for the prose- 
 cution and duly sworn. 
 
 139 
 
 Examined by the judge advocate : 
 
 141; 142 
 
 1. Q. State your name, rank (rate), and present station. 
 A. John W. Smith, coxswain, U. S. Navy, stationed on the U. S. S. 
 Wyoming. 
 Var. (in case of a civilian witness} : 
 
 1. Q. State your name, residence, and occupation. 
 
 2. Q. If you recognize the accused, state as whom. 
 A. * * *. 
 
 143 
 
 - 
 
 3 Q * * * 
 
 Far. This question was objected to by the accused (a member) on the 
 ground (state reason). 
 The judge advocate replied. 
 
 317 
 
 The court was cleared. The court was opened. All parties to the trial 
 entered, and the president announced that the court sustained (did not sus- 
 tain) the objection. 
 
 149; 150 
 
 (// objection is not sustained) : 
 
 3. Q. * * *. 
 
 A. * * *. 
 
 359; 360 
 
350 PROCEDURE FOR COURTS AND BOARDS. 
 
 Cross-examined by the accused (counsel) : 
 
 151 
 
 ^ Q * * * 
 A * * * 
 
 ^* T T 
 
 Reexammed by the judge advocate: 
 
 152 
 
 37. Q. * * * 
 
 A. * 
 
 Recross-examined by the accused (counsel) : 
 
 152 
 
 45. Q. * * * 
 
 A. * * * 
 
 Examined by the court: 
 
 153 
 
 51. Q. * * * 
 
 A. * * * 
 
 Var. 51. Q. By a member: * * * 
 
 This question was objected to by the accused (judge advocate) (member) on 
 the ground (state reason}. 
 
 The court was cleared. The court 1 was opened. All parties to the trial 
 entered, and the president announced that the court sustained (did not sustain) 
 the objection. \ bflB 
 
 (// the. objection is not sustained, the question then becomes a question by 
 the court). 
 
 153 
 
 53. Q. * * * 
 
 ' 
 
 Var. The judge advocate (counsel for the accused) moved to strike out the 
 answer (words) on the ground (state reason). 
 
 The court was cleared. The court was opened. All parties to the trial en- 
 tered, and the president announced that the court sustained (did not sustain) 
 the motion. 
 
 (In case the court sustains the motion:) 
 
 The court directed that the answer (words) be stricken out. 
 
 149 
 
 Neither the judge advocate, the accused, nor the court desired fur- 
 ther to examine this witness. 
 
 154 
 
 The witness verified his testimony (was duly warned), and with- 
 drew. 
 
 175; 177; 140 
 098 ;C 
 
PROCEDURE. FOR COURTS AND BOARDS. 351 
 
 Var. 1, - verified his testimony and resumed his seat as (member) 
 
 (judge advocate) (president). 
 
 139 
 
 Var. 2. corrected his testimony as follows : Page , answer to ques- 
 tion No. , the words " " changed to " ." The 
 testimony, thus amended, was read. The witness pronounced it correct, and 
 withdrew. 
 
 Var. 3. At the request of the judge advocate the witness was directed to 
 report to-morrow at o'clock, . in. (or, later in the trial, when recalled), to 
 
 correct or verify his testimony, and withdrew. 
 
 . 
 
 175; 176 
 
 A witness for the prosecution entered, etc. 
 
 The court then, at -- a. m., took a recess until --p. m., at which 
 time it reconvened. 
 
 361 
 
 Present: All the members, the judge advocate, the stenographer, 
 the accused, and his counsel. 
 
 , the witness under examination when the recess was taken, 
 entered. He was warned that the oath previously taken was still 
 binding, and continued his testimony. 
 
 96 O * * * 
 
 -f . \ej. 
 
 A. * (etc., as before). 
 
 The court then, at --p. m., adjourned until -- a. m. to-morrow, 
 Friday (or, if Saturday, until a. m. Monday). 
 
 Far. The judge advocate stated- that - , a material witness, had 
 
 not appeared and requested the court to adjourn until to-morrow morning. The 
 court then, at p. m., adjourned until, etc. 
 
 291 
 
 
 
 SECOND DAY. : )f , r ? , dT 
 
 :10ll 
 
 NAVY YARD, PHILADELPHIA, PA., 
 
 Friday, July 17, 19. 
 The court met at 10 a, m. 
 
 Present : All the members, the judge advocate, the stenographer, 
 the accused, and his counsel. 
 
 140 
 
 r,/r. ^.-Present: (As before), except Commander D E. F , 
 
 U. S. Navy, a member ; the medical certificate accounting for his absence 
 
 was read, copy appended, marked " ." 
 
 . 
 
 <( no " 
 
 244 i 
 
352 PEOCEDURE FOB COURTS AND BOARDS. 
 
 Var. 2. Present: (As before), except Commander D - E. F - , 
 U. S. Navy, a member. The judge advocate read an order from the con- 
 vening authority, original prefixed, marked " ," relieving Commander 
 D -- E. F , U. S. Navy, and appointing Surgeon M - L. F - , 
 U. S. Navy, as a member of the court. 
 
 229:230 
 
 The accused stated that he did not object to this member. (Should he object, 
 proceed as under challenge.) 
 
 Surgeon M - L. F , U. S. Navy, was duly sworn. 
 
 No witnesses not otherwise connected with the trial were present. 
 
 The record of the proceedings of yesterday was read and approved. 
 
 Each witness who had been examined during the absence of Surgeon - 
 was called before the court, informed that his oath previously taken was- 
 still binding, heard his own testimony read, and Surgeon - not desiring 
 to question him, he pronounuced his testimony correct and withdrew. 
 
 (Should Surgeon - wish to examine the witness, or should any of the 
 parties to the trial wish to question him on any correction he may have made in 
 his testimony, proceed as if he were a new witness about to be examined, and 
 
 begin numbering of questions anew.) 
 
 
 
 247 
 
 . 3. Present: (As before). Lieutenant J - K. L - , U. S. Navy, 
 who was absent yesterday when the court was organized stated (give state- 
 ment). The court accepted the explanation and excused Lieutenant - 
 from further attendance in the case now pending. 
 
 246 
 
 Var. 4. Present : The members and all parties to the trial except the judge 
 advocate ; in his absence, the court adjourned until a. m. to-morrow, Satur- 
 day. 
 
 257 
 
 Var. 5. (In case of promotion of member or judge advocate since precept 
 was issued.) 
 
 The judge advocate read a communication, copy appended, marked " ," 
 from the Bureau of Navigation, Navy Department, addressed to Lieutenant 
 Commander J - K. L - , U. S. Navy, transmitting to him his commis- 
 sion as a lieutenant commander in the Navy. 
 
 No witnesses not otherwise connected with the trial were present. 
 
 The record of proceedings of yesterday (the first day of the trial) 
 (Saturday) was read and approved. 
 
 Var. 1. The record of proceedings of yesterday was read and objected to by 
 the accused (a member) (the court), inasmuch as. (State reason.) The 
 court was cleared. The court was opened. All parties to the trial entered, 
 and the president announced that the court sustained (did not sustain) the 
 objection. 
 
 (// the objection is sustained:) 
 
 The record was corrected so that " - " on page -- shall read " - ." 
 
 With this correction, the record was approved. 
 
PROCEDURE FOR COURTS AND BOARDS. " 353 
 
 Var. 2. The judge advocate stated that the record of proceedings of yes- 
 terday, the - - day of the trial, was not ready. At the request of the 
 judge advocate, the court then, at a. m., took a recess until p. m., at 
 which time it reconvened. (Or, the court decided to postpone the reading of 
 this record until such time as it shall be reported ready, and in the meantime 
 
 to proceed with the trial.) 
 
 ; >fIT 
 
 362 
 
 Var. 3. , who had previously testified, was called before the 
 
 court, informed that his oath previously taken was still binding, and, upon 
 having his testimony read to him, stated that he desired to make the follow- 
 ing correction in his testimony. Page , answer to question No. - , 
 
 line No. , strike out the words " " and insert the words " '.^ 1 >; 
 
 With this correction, he pronounced the testimony correct and withdrew. 
 
 Var. 4. -, who had previously testified, was called before the 
 
 court, informed that his oath previously taken was still binding, and stated 
 that he had read over (Or, had had read over to him) the testimony given 
 by him on , the day of the trial, pronounced it correct, and with- 
 drew. (Or, and stated that he desired to make the following corrections, etc.) 
 
 J7g ;IJ 'to ^) bsaimfj oifi lo 
 
 iioj, [ftoibam srfo 
 
 (When a maternal correction or amendment is made.) >iq 
 
 The witness, at the request of the accused (counsel) (judge advocate), re- 
 sumed the witness stand, and was informed that his oath previously taken was 
 still binding. 
 Examined by the accused (counsel) : 
 
 neb 
 
 175 
 
 8 looiyfl.t 
 
 A witness for the prosecution entered (etc. as before). 'HJr* 
 Examined by the judge advocate : 
 
 ******* 
 5. Q. * * * 
 
 The witness declined to answer on the ground that it might tend 
 . . r , -, x i . +.'& &-* .ttfT 
 
 to incriminate (degrade) him. ^*i ji ; r/r.o I .A 
 
 159 to 160; 163 to 164. 
 
 > .1 
 The judge advocate requested the court to direct the witness to 
 
 answer. ( ^ 
 
 162 
 
 The court was cleared. The court was opened. All parties to 
 the trial entered, and the president announced that the witness 
 need not (must) answer the question. 
 
 165 
 ******* 
 
354 PKOCEDUBE FOR COURTS AND BOARDS. 
 
 A witness for the prosecution entered, and was objected to by the 
 accused. (Here give reason.) 
 
 |rtrt A -inn 
 
 L66 to Idb 
 
 mi > -i i T { n '} 0) 
 
 The witness was examined on his voir dire as follows : 
 Examined by the accused (counsel) : 
 
 137; 289 
 
 . 
 The court sustained the objection and the witness was excused. 
 
 (Or, the court overruled the objection and the witness was duly 
 sworn (etc., as before.) 
 
 133 
 
 3. Q. If you are the legal custodian of the current service record 
 of the accused (or, of the official log book of the U. S. S. - ; or, 
 
 the medical journal of the U. S. Naval Hospital at , etc.). 
 
 produce it. 
 
 The witness produced the current service record of the accused, 
 (or other document, as the case may be), and it was submitted to 
 the accused and the court, and by the judge advocate offered in evi- 
 dence. There being no objection, it was so received. 
 
 4. Q. Refer to that record (document) and read such portions 
 thereof as relate to the offense for which the accused is now on trial. 
 
 The witness read from the said record (or other document) an ex- 
 tract (extracts), copy appended, marked "Exhibit No. ." 
 
 - :. 
 
 186 to 203 
 
 Var. 1.-3. Q. I show you a book; can you identify it? 
 
 A. I can ; it is the official log book of the U. S. S. - , etc. 
 
 Var. 2. 3. Q. I show you a letter; can you identify it? 
 
 A. I can. 
 
 4. Q. In whose handwriting is it? 
 
 A. In that of . 
 
 146 (c) 
 
 Var. 3. The judge advocate produced an attested copy of a document (letter) 
 (order) (or, copy under seal of the Navy Department), the original of which, 
 he informed the Court, could not be produced, as it was lost (part of a perma- 
 nent record) (on official file, etc.), and submitted it to the accused and the 
 court, and offered it in evidence, etc. 
 
 190 
 
PROCEDURE FOR COURTS AND BOARDS. 355 
 
 The prosecution rested (provided the prosecution has offered evi- 
 dence}. 
 
 The defense began. 
 
 205 
 
 Far. The defense offered no evidence. 
 
 The accused was, at his own request, duly sworn as a witness in 
 his own behalf. 
 
 138; 161 
 . 
 Examined by the judge advocate: 
 
 143 
 
 1. Q. Are you the accused in this case? 
 ,A. * * *. 
 Examined by the accused (counsel). 
 
 141 
 
 20* * * 
 
 * * 
 
 A. : ... 
 
 Cross-examined by the judge advocate: 
 
 J .p > 
 151 
 
 10. Q. * * *. 
 
 A. * * *. 
 
 Keexamined by the accused (counsel). 
 
 152 
 
 17. Q. * * *. 
 
 A. * * *. 
 
 Recross-examined by the judge advocate: 
 
 152 
 
 20. Q. * * *. 
 
 A. * * *. 
 
 Examined by the court : 
 
 153 
 
 30. Q. * * *. 
 A. * * *. 
 
 Neither the accused (counsel) nor the judge advocate desired fur- 
 ther to examine this witness. 
 
 154 
 
 The witness verified his testimony, and then resumed his status as 
 accused. 
 
 175 
 
 A witness for the defense entered (etc., as before). 
 Examined by the judge advocate: 
 
 143 
 
 
356 PROCEDURE FOR COURTS AND BOARDS. 
 
 1. Q. State your name, rank (rate), and present station. 
 
 A. * * *. 
 
 2. Q. As whom do you recognize the accused ? 
 ^ * * * 
 
 Examined by the accused (counsel) : 
 
 3. Q. * * * 
 
 The witness requested permission to refresh his memory from a 
 memorandum. 
 
 The request of the witness was granted. Having been allowed to 
 inspect a memorandum, the witness was asked if he could now 
 testify as to his own knowledge. The witness replied in the affirma- 
 tive and was permitted to continue with his testimony. 
 
 Var. . The witness stated that he could not remember the facts, but that 
 he had made a memorandum at the time of the occurrence which correctly 
 set forth the facts. The accused (counsel) requested that the memorandum 
 be received in evidence, and submitted same to the judge advocate and, the 
 court. 
 
 Examined by the judge advocate : 
 
 4. Q. Under what circumstances was this memorandum made? 
 A. * * * 
 
 5. Q. Can you testify that it was correct when made? 
 A. * * * 
 
 There being no objection, the memorandum was received in evidence, copy 
 appended, marked " Exhibit No. ," and the witness read same. 
 
 145 
 
 (In case of improper language or behavior on the part of the wit- 
 ness.) The president cautioned the witness as to his language (be- 
 havior). 
 
 171 
 171 
 
 The witness, having persisted in the use of improper language (or, 
 as the case may be), was charged with contempt and, upon being 
 given opportunity to reply, replied (give reply). 
 
 172 
 
 
 
 The court was cleared. The court was opened. All parties to the 
 trial entered, and the president announced that the court deemed the 
 witness, E - - E. F - , guilty of contempt of court in that 
 he . (Insert the occurrence in full.) 
 
 The court informed the witness that he was at liberty, by such 
 proper statement as he might desire to make, to show cause why he 
 should not be punished for contempt. 
 
 
PROCEDURE FOR COURTS AND BOARDS. 357 
 
 The witness stated: 
 
 The witness was placed in the custody of the provost marshal, 
 and the court was cleared. The court was opened. All parties to 
 the trial entered, and the president announced that the court had 
 adjudged the witness guilty of contempt in its presence, and had 
 sentenced him, E E. F , to . 
 
 Far. announced that the witness had purged himself of contempt. 
 
 The witness continued his testimony: 
 
 170; 172 
 
 ******* 
 
 The witness verified his testimony and was placed in the custody 
 of the provost marshal, who was directed to deliver him to his com- 
 manding officer, , to whom a communication, copy 
 
 appended, marked " ," was addressed, announcing the offense 
 
 and sentence. 
 
 173 
 
 Far. (In the case of a civilian witness:) 
 
 174 
 
 22. Q. * * *. 
 
 The witness refused to answer this question (or, to produce the book, paper, 
 or document referred to, as required by the subpoena duces tecum in his case). 
 
 The witness, having been duly tendered (or, paid) his fee and mileage, was 
 cautioned by the president that his refusal, if persisted in, would make him 
 amenable to punishment under section 12 of the act of February 16, 1909 ; 
 that is, a fine of not more than $500 or imprisonment not to exceed six 
 months, or both. The question was again put to him. 
 
 22. Q. * * *. 
 
 The witness again declined to answer the question (or, to produce the 
 desired book, paper, or document as required by the subpoena duces tecum in 
 
 his case), and gave as the reason for his refusal that . (Give reason 
 
 with precision.) 
 
 The court was cleared. The court was opened. All parties to the trial 
 entered, and the president announced that the facts of the refusal of the wit- 
 ness to testify (or, to produce the book, paper, or document, etc.) would, by 
 order of the court, be certified to the district attorney for the necessary action 
 in the premises, as required by law. A copy of the said certificate is appended, 
 marked " ." 
 
 23. Q. * * *. 
 A. * * *. 
 
 The witness was directed to return the next day to verify his testimony, 
 and was permitted to withdraw. 
 
 174; Act of Feb. 16, 1909, under 42 A. G. N. 
 
 A witness for the defense as to character (or, in extenuation) 
 entered and was duly sworn. 
 
 125; 214 
 
358 PROCEDURE FOR COURTS AND BOARDS. 
 
 (Record testimony as previously indicated.) 
 
 * v.j HA* 
 
 Z B , a witness for the defense, was recalled and 
 
 warned that the oath previously taken by him was still binding. 
 (Record testimony as previously indicated.) 
 
 . 
 ****** Y * 
 
 3. Q. If you are the legal custodian of the current service record 
 of the accused, produce it. 
 
 The witness produced the current service record of the accused, 
 and it was submitted to the judge advocate and the court and by the 
 accused offered in evidence. There being no objection, it was so 
 received. 
 
 4. Q. Eefer to that document and read such portions thereof as 
 relate to the previous record of the accused. 
 
 The witness read from the said record an extract (extracts), copy 
 appended, marked " Exhibit No. ." 
 
 214; 187; 195 
 
 i IT 
 * * * . * * * * 
 
 
 
 The defense rested (provided the defense has offered evidence). 
 
 : (.'OC . 
 
 .miff oj ji/q ^flT .ti: 
 
 The rebuttal began (in case there be a rebuttal). 
 
 . jmf} Jf;*! 
 
 206 
 
 . 
 
 ******* 
 
 The rebuttal ended. 
 
 The surrebuttal began (in case there be a surrebuttal). 
 
 207 
 
 Var The accused did not desire to offer any evidence in surrebuttal. 
 
 ******* 
 . W. ./ .A oJr j^JDiriJ f v>Ut?l .ol .091 TO JOn. ,'y^l 
 
 The surrebuttal ended. 
 
 The court then, at p. m., adjourned until a. HI. to-morrow. 
 Saturday. 
 
PROCEDURE FOR COURTS AND BOARDS. 359 
 
 THIKD DAY. 
 
 NAVY YARD, PHILADELPHIA PA., 
 
 Saturday, July 18, 19 . 
 The court met at a. m. 
 Present: (As before) 
 
 The record of proceedings of yesterday was read and approved. 
 The court desired further testimony, and directed the recall of 
 _ _ (OP} that : be called). 
 
 128 
 
 The accused read his written defense, copy appended, marked 
 " Exhibit No. ." 
 
 Var. 1. The accused requested a delay until to prepare his written 
 
 statement (argument). The request was granted, and the court then, at 
 p. m., adjourned to meet to-morrow, , at a. m. 
 
 Var. 2. The accused did not desire to make a statement, and submitted his 
 case to the court. 
 
 Var. 8. The counsel for the accused made the following argument : 
 
 Var. 4- The court was cleared. The court was opened and the president 
 announced that the court considered the statement of the accused to be incon- 
 sistent with his plea of guilty. The conflicting plea and statement were 
 brought to the attention of the accused. 
 
 The accused adhered to the facts set forth in his statement. 
 
 The court directed the judge advocate to proceed as if the plea of not guilty 
 to the specification of the charge had been entered. 
 
 The court was cleared. The court was opened. All parties to the trial 
 entered, and the president announced that the court had decided to allow the 
 introduction of further evidence. $>, 
 
 311 to 316 
 
 The judge advocate read his reply, appended, marked "Exhibit 
 j^ o 
 
 Var. 1. The judge advocate made th$ following argument : 
 
 Var. 2. The judge advocate requested a delay until to prepare his 
 
 written reply ( argument ) . The request was granted, and the court then, at 
 
 p. m., adjourned to meet to-morrow, , at a. m. 
 
 
 
 313 to 316 
 
 rni i -i /? i i 
 
 The trial was finished. 
 
 (In case the court, for satisfactory cause, decides to allow the 
 prosecution or the defense to introduce further evidence:} 
 
 The court was cleared. The court was opened. All parties to the 
 trial entered, and the president announced that the court had decided 
 to allow the prosecution (defense) to introduce further evidence. 
 
 205 
 
360 PROCEDURE FOR COURTS AND BOARDS. 
 
 T ( 
 
 X N , a witness for the prosecution (defense), was 
 
 recalled and warned that the oath previously^taken by him was 
 still binding. 
 
 {Record testimony as previously indicated.} 
 
 The court was cleared. 
 
 The judge advocate was recalled (informed that the court had met 
 from day to day), and directed to record the following findings: 
 
 " The specification of the first charge, ' proved.' 
 
 "And that the accused, Lieutenant X - Y. Z , U. S. 
 
 Navy, is of the first charge, 4 guilty.' 
 
 "The first specification of the second charge, 'proved in part, 
 
 proved except the words " ," which words are not 
 
 proved.' 
 
 "The second specification of the second charge, 'proved in part, 
 
 proved except the words " ," which words are not 
 
 proved, and for which the court substitutes the words " 
 
 ," which words are proved.' 
 
 "And that the accused, Lieutenant X Y. Z , U. S. 
 
 Navy, is of the second, ' guilty in a less degree than charged, guilty 
 of- .' 
 
 " The specification of the third charge, ' not proved.' 
 
 "And that the accused, Lieutenant X Y. Z -, U. S. 
 
 Navy, is, of the third charge, ' not guilty ' ; and the court does, there- 
 fore, acquit (fully acquit) (honorably acquit) (most fully and 
 honorably acquit) the said Lieutenant X Y. Z , U. S. 
 
 Navy, of the third charge." 
 oJ J)9bto9b hi 
 
 318 to 325 
 
 The judge advocate stated that he had (no) record of previous 
 conviction(s) (that the rate of pay of the accused (if an enlisted 
 man) is $ a month and that he had enlisted on ) . 
 
 326 
 
 . 
 
 (In ease there be record of previous conviction) : 
 
 The court was opened and all parties to the trial entered. The 
 president announced that the court was ready to receive the record of 
 previous conviction. 
 
 There being no objection, the judge advocate read from the (cur- 
 rent) service record of (the accused, while serving under the 
 
 name of ) an extract showing previous conviction (s) copy ap- 
 pended, marked " Exhibit No. ." 
 
 Var. 1. The accused (court) objected to the introduction of the record of his 
 trial by summary court-martial on March 4, 1914, on the ground that the record 
 had not been approved by the convening authority. 
 
PROCEDURE FOR COURTS AND BOARDS. 361 
 
 The court. was cleared. The court was opened. All parties to the trial en- 
 tered, and the president announced that the court sustained (did not sustain) 
 the objection. 
 
 Var. 2. There being no objection, the judge advocate presented to the court 
 
 general court martial order No. , dated , 1914, in the case of the 
 
 accused. 
 
 326 to 334 
 
 The court was cleared (for the purpose of deliberating on the 
 sentence). 
 
 335; 336 
 
 rri i i j. n T -i v . i . 
 
 Ihe judge advocate was recalled, and directed to record the sen- 
 tence of the court as follows : 
 
 354; 355 
 
 "The court, therefore, sentences him, Lieutenant X Y. 
 
 : , U. S. Navy, to be dismissed from the United States naval 
 
 A: B. C -, 
 
 Captain, U.' 8. Navy, President. 
 j) j p 
 
 Commander, U. S. Navy, Member. 
 
 7 J ' 
 
 G -H. I , 
 
 Captain, U. S. Marine Corps, Member. 
 J- -K. L , 
 
 Lieutenant, U. S. Navy, Member. 
 
 -*jr ^-r ft 
 
 1V1 7 IN . U , 
 
 Lieutenant, U. S. Navy, Member. 
 
 First Lieutenant, U . S. Marine Corps, Member. 
 
 S T. U- -, 
 Lieutenant (j. g.) U. S. Navy, Member. 
 
 V V. W , 
 
 First Lieutenant, U. S. Marine Corps, Judge Advocate. 
 
 356 
 
 Var. 1. to be shot to death by musketry (hanged by the 
 
 neck until dead), two-thirds of the members concurring. 
 
 337; 354 
 
 Var. 2. to be dismissed from the United States naval service 
 
 and to be imprisoned in swch prison or penitentiary as the convening authority 
 may designate for a period of two (2) years. 
 
 338; 339 
 
 Var. 3. to lose one (1) year, nine (9) months' seniority in 
 
 the date of his warrant as machinist ; to lose corresponding rank in the list of 
 
362 PROCEDURE FOR COURTS AND BOARDS. 
 
 machinists of the Navy; and to lose during a period of one (1) year the 
 difference between his present rate of pay and the next lower rate of graded 
 pay as machinist. 
 
 340; 343 
 
 Var. 4- to be restricted to his ship or station for a period 
 
 of three (3) months, and to lose fifty dollars ($50) per month. of his pay for 
 a period of ten (10) months. 
 
 341 
 
 . 
 
 Var. 5. - to lose fifty (50) numbers in his grade (to be placed 
 
 at the foot of the 's list of present date and to there remain until he 
 shall have lost fifty (50) numbers in his grade.) 
 
 
 
 342 
 
 Var. 6. to be dismissed from the United States Marine Corps 
 
 and from the United States naval service. 
 
 OOQ 
 
 338 
 
 Var. 7. The court therefore sentences him , United States 
 
 (to be reduced to the rating (rank) of ), to be confined for a 
 
 period of , (then to be dishonorably discharged from the United States 
 
 naval service, or to be discharged from the United States naval service with 
 a bad conduct discharge), and to suffer all the other accessories of said sen- 
 tence, as prescribed by section 349, Naval Courts and Boards. 
 
 346; 348; 349 
 
 Var. 8. The court, therefore, sentences him, , seaman, United 
 
 States Navy (to lose pay amounting to one hundred and forty-five (145) dollars 
 and twenty (20) cents, and) to be dishonorably discharged from the United 
 States naval service. 
 
 350 ' 
 
 Var. 9. For summary court punishments see p. 396. 
 
 347 
 
 . 
 
 In consideration of his previous good record (or, whatever the 
 reason may be upon which the recommendation is based), we recom- 
 mend - , , U. S. Navy, to the clemency of the 
 
 reviewing authority. 
 
 357 
 
 A B. C- , 
 
 Captain, U. S. Navy, President. 
 
 G H. I , 
 
 Captain, U. S. Marine Corps, Member. 
 
 S - T. U- . 
 
 Lieutenant (j. g.) U. S. Navy, Member. 
 
PROCEDURE FOR COURTS AND BOARDS. 363 
 
 The court was opened and proceeded with the trial of 
 
 UQ 
 . o. . 
 
 . 
 
 T P 
 
 
 Captain, U. S. Navy, President, 
 
 V V. W , 
 
 First Lieutenant, U. S. Marine Corps, Judge Advocate. 
 
 Var. 1. The court then, at p. m., adjourned to meet to-morrow, , 
 
 (on Monday next), at o'clock a. m. (Signed as above.) 
 
 Var. 2. The court, having no more cases before it, adjourned to await the 
 action of. the reviewing authority. (Signed as above.) 
 
 Var. 3. The court adjourned to await the call of the president. (Signed as 
 above.) 
 
 365 
 Case of 
 
 LIEUTENANT X Y. Z -, 
 
 U. S. Navy, 
 July 29, 19. 
 
 85 
 
 ' 
 
 RECCED CF PROCEEDINGS IN REVISION 
 
 . 
 
 . 
 
 
 
 GENERAL COURT MARTIAL 
 
 . 
 
 CONVENED AT 
 
 THE NAVY YARD, PHILADELPHIA, PA., 
 
 
 
 BY ORDER OF 
 
 I 
 
 THE SECRETARY OF THE NAVY. 
 
 376 
 
 Copy furnished. 
 Far. Copy waived. 
 
 379 
 
 i ..m . i; 
 FOBMS OF LETTEES RETUBNING RECORD TO COURT FOB REVISION. 
 
 . 
 
 NAVY DEPARTMENT, ,y 
 
 Washington, July , 19. 
 
 From : The Secretary of the Navy. 
 
 To: Captain A B,. C , U. S. Navy, president, general court-mar- 
 tial, navy yard, Philadelphia, PafcTS ; 8' 
 
 Subject : Trial of Lieutenant X - Y. Z , U. S. Nayy. 
 
 Inclosure: 1. 
 
 1. The record of proceedings of the general court-martial of which you are 
 
 president in the case of Lieutenant X Y. Z is returned herewith 
 
 to the court. 
 
 26450 17 24 
 
364 PROCEDURE FOR COJJRTS AND BOARDS. 
 
 2. The department, after careful consideration, is of the opinion that the 
 sentence adjudged by the court is not adequate to the offense found proved. 
 In this connection, the attention of the court is called to C. M. O. , 19 , 
 and , 19 , respectively. 
 
 3. The court will reconvene for the purpose of reconsidering its sentence. 
 
 4. Upon the conclusion of such proceedings, the record will be returned to 
 the Judge Advocate General. 
 
 372; 384 
 
 U. S. S. "TEXAS," 
 Hampton Roads, Va., July , 19 . 
 From: Commander in Chief, U. S. Atlantic Fleet. 
 
 To: Captain A B. C , U. S. Navy, president, general court- 
 martial, U. S. S. Texas. 
 
 Subject : Trial of , seaman, U. S. Navy. 
 
 Inclosure : 1. 
 
 1. The record of proceedings of the general court-martial of which you are 
 president in the case of , seaman, U. S. Navy, is herewith re- 
 turned to the court. 
 
 2. The convening authority, after careful consideration, does not consider that 
 the finding is in accord with the evidence which was brought before the court, 
 in that the accused did, by his plea, admit his absence from the naval service 
 between the dates specified, a period of one year and two months, and failed 
 to bring any evidence to show that it was impossible to return to his duty or 
 that he had endeavored in any way to communicate with the naval authorities. 
 
 3. The prosecution brought evidence to show that the accused was in civilian 
 clothes when he surrendered on board the New York. The accused made no 
 explanation whatever of his prolonged absence from his station and duty, and 
 this fact furnishes a presumption of the intent necessary to prove desertion, as 
 does also the fact that the accused had some time during his long absence, to 
 which he pleaded guilty, disposed of his uniform, and was -obliged to surrender 
 himself, when he did surrender, dressed in civilian clothes. 
 
 4. The court will reconvene for the purpose of reconsidering the finding and 
 sentence. At the conclusion of the proceedings in revision, the record will be 
 returned to the convening authority. 
 
 372; 384 
 
 NAVY YARD, PHILADELPHIA, PA., 
 
 Thursday, July , 19 . 
 
 The court reconvened at 10 a. m., pursuant to an order hereto pre- 
 fixed, marked "A," which was read by the judge advocate. 
 Present: (Here insert the names.) 
 
 Absent: (Here insert the names, with reason for absence in each 
 case. ) a 
 
 373; 374 
 
 (When applicable. The court having decided that the presence of 
 accused was necessary to the ends of justice, the accused (with coun- 
 sel) was called before the court and the convening order was reread). 
 
 378 
 
PROCEDURE FOR COURTS AND BOARDS. 365 
 
 The court was cleared. 
 
 380 
 
 The judge advocate was recalled and directed to record that the 
 court decided to revoke its former finding (sentence) in the case of 
 Lieutenant X Y. Z , U. S. Navy, and to substitute there- 
 for the following finding (sentence) : . 
 
 381 
 
 (Signed by all the members present and the judge advocate.) 
 
 376 
 
 Var. 1. - and to substitute therefor the following finding: "The 
 
 specification proved in part, proved except, etc. The court respectfully ad- 
 heres to its former sentence." 
 
 Var. 2. " decided respectfully to adhere to its former finding (find- 
 ing and sentence) (sentence)." 
 
 381 
 
 Var. 3. " decided to correct the following clerical errors: 
 
 (a) On page , by inserting between lines 10 and 11, the following: 
 
 (6) On page 9, by omitting from lines 16 and 17 the following: " 
 
 (c) On page 20, by omitting the words " - ," lines 5 to 9, inclusive, and 
 substituting therefor the words " - ." 
 
 377 
 
 The court then took up the next case. 
 
 Var. 1. -- adjourned to await the action of the reviewing authority. 
 Var. 2. - then, at - p. m., adjourned to meet tomorrow (on Monday 
 
 next) at o'clock a. m. 
 
 Var. 3. - proceeded with the triai of - . 
 
 (Signed by the president and judge advocate.) 
 
 376 
 
 (Action of convening authority on the record.) 
 
 U. S. S. 
 OFF 
 
 , , 
 
 July - , 19 . 
 
 The proceedings, finding (s), and sentence of the general court- 
 martial in the foregoing case of Lieut. X - Y. Z - , U. S. 
 
366 PROCEDURE FOR COURTS AND BOARDS. 
 
 Navy, are approved. He will be released from arrest and restored 
 to duty. 
 
 M- - L. M , 
 
 Admiral, U. S. Navy, 
 
 Commander in Chief, Z7. S. Atlantic Fleet. 
 Or, Rear Admiral, U. jS. Navy^ 
 
 Commander, Cruiser Force, 
 
 U. S. Atlantic Fleet. 
 Or, Rear Admiral, U. S. Navy, Commandant, 
 
 Commanding U. S. Naval Station, 
 
 Olongapo, P. I. 
 382 
 
 Var. 1. The proceedings of the general court-martial in the foregoing case 
 
 of Lieutenant X Y. Z- , U. S. Navy, are approved ; the findings 
 
 and the sentence are disapproved for the following reasons (state reasons) ; he 
 will be released from arrest and restored to duty. 
 
 384; 385 
 
 Var. 2. The proceedings of the general court-martial in the foregoing case 
 
 of Lieutenant X - Y. Z , U. S. Navy, are approved ; the findings on 
 
 the first and second specifications of the first charge and on the first charge 
 are disapproved; and the findings on the second and third charges and the 
 specifications thereunder and the sentence, are approved. He will be released 
 from arrest and restored to duty. 
 
 Var. 3. The proceedings, findings, and sentence of the general court-mar- 
 tial in the foregoing case of - are approved, and the naval prison 
 
 at the navy yard, , , is designated as the place for the execution 
 
 of so much of the sentence as relates to confinement. 
 
 Var. 4' The proceedings, findings, and sentence of the general court-martial 
 
 in the foregoing case of are approved. The U. S. S. - - is 
 
 designated as the place of confinement until an opportunity offers for trans- 
 fering him to the naval prison, Portsmouth, N. H., or such other prison as 
 may be designated, for the unexpired portion of his sentence. 
 
 *388 
 
 . 
 
 Var. 5. The proceedings, findings, and sentence of the general court-mar- 
 tial in the foregoing case of - are approved. 
 
 In view, however, of the unanimous recommendation to clemency, the 
 
 is reduced to . 
 
 384 
 
 Var. 6. The proceedings, findings, and acquittal of the general court-mar- 
 tial in the foregoing case of - are approved, and he will be released 
 from confinement (arrest) and restored to duty. 
 
 Var. 7. The proceedings, findings, and sentence of the general court-martial 
 in the foregoing case of Lieutenant X- Y. Z , U. S. Navy, are ap- 
 proved, and, in conformity with article 53 of the Articles for the Government 
 of the Navy, the record is respectfully referred to the Secretary of the Navy 
 for transmission to the President. 
 
 383 
 
PROCEDURE FOR COURTS AND BOARDS. 367 
 
 . 8. The proceedings, findings, and sentence of the general court-mar- 
 tial in the foregoing case of are approved; but that portion 
 
 of the sentence which involves confinement is remitted. The dishonorable 
 (bad conduct) discharge is remitted on condition that during a period 
 of conducts himself in such a manner as in the opinion of his com- 
 manding officer warrants his further retention in the service; otherwise he 
 is to be dishonorably discharged at the discretion of his commanding officer at 
 any time during said period; the loss of pay (and allowances) is reduced to 
 
 the loss of less the amount of his indebtedness to the United States on 
 
 the date of the approval of this sentence, and the loss of pay (and allow- 
 ances) as -thus reduced is remitted subject to the conditions specified in article 
 
 1-4893, Naval Instructions, 1913. ( will be required to serve under his 
 
 fraudulent enlistment.) 
 
 384 
 
 LETTER EMPOWERING CERTAIN OFFICERS TO ORDER GENERAL COURTS-MARTIAL. 
 
 (See Act of Aug. 29, 1916, quoted under art. 38, A. G. N. f p. 39.) 
 
 r^M ^T 
 
 File No. . 
 
 NAVY DEPARTMENT, 
 
 Washington, October , 19 . 
 i 
 In accordance with the authority vested in me by law, I hereby empower 
 
 the commander, battleship force, U. S. Atlantic Fleet, to convene general 
 courts-martial (or, the commanding officer, first brigade, U. S. Marine Corps, 
 to convene general courts-martial while such brigade is serving on shore be- 
 yond the continental limits of the United States) (or, the commandant of the 
 navy yard, Norfolk, Virginia, to convene general courts-marital during the 
 continuance of the present war between the United States and .) 
 
 Secretary of the Navy. 
 
 The power thus conferred may be restricted by accompanying instructions 
 limiting the exercise of this power to occasions when such officer is not in 
 company with a superior. Precepts for general courts-martial (and courts of 
 inquiry, see act of August 29, 1916, quoted under article 55, A. G. N.) con- 
 vened in accordance with the above authorisation should contain a reference 
 to same, thus: 
 
 Pursuant to the authority vested in me by the Secretary of the Navy (de- 
 partment's file No. , dated October , 19 ), a general court-martial 
 
 is hereby ordered to convene, etc. 
 
 _ 
 
 LETTER ACCOMPANYING A NEW PERCEPT FOR A PERMANENT COURT. 
 
 NAVY DEPARTMENT, 
 Washington, July , 19 . 
 From : The Secretary of the Navy. 
 To : Captain A B. C , U. S. Navy, navy yard, Philadelphia, Pa., via 
 
 Commandant. 
 Subject : Authorizing general court martial to take up cases pending before 
 
 court convened by precept of January , 19 . 
 
 1. The general court martial of which you are president, appointed by the 
 department's precept of this date, to convene at the navy yard, Philadelphia, 
 Pa., is hereby authorized and directed to take up such cases, if any, as may be 
 
368 
 
 PROCEDURE FOR COURTS AND BOARDS. 
 
 pending on that date before the general court-inartial appointed by the depart- 
 ment's precept of January , 19 , of which you are president, except such 
 cases the trial of which may have been commenced. 
 
 2. A copy of this letter will be attached to all cases referred to the court 
 prior to the date of the precept transmitted herewith. 
 
 (To be read by the judge advocate and prefixed to the record in all cases 
 where applicable.) 
 
 LETTER FROM CONVENING AUTHORITY MAKING CHANGE IN COMPOSITION OF COURT. 
 
 NAVY DEPARTMENT, 
 Washington, July , 19 . 
 
 From : The Secretary of the Navy. 
 
 To : Captain A- 
 
 -, U. S. Navy, president, general court-martial, 
 
 U. S. Navy, as mem- 
 -, U. S. Navy, hereby 
 
 navy yard, Philadelphia, Pa., via Commandant. 
 Subject : Appointment of Lieutenant F S. A 
 
 ber of court in place of Lieutenant M N. O- 
 
 relieved. 
 
 1. Lieutenant F S. A , U. S. Navy, is hereby appointed a member 
 
 (judge advocate) of the general court-martial, of which you are president, at 
 
 the navy yard, Philadelphia, Pa., in place of Lieutenant M N. O , 
 
 U. S. Navy, hereby relieved from that duty. 
 
 225; 230 
 
 LETTER TRANSMITTING COPY OF CHARGE AND SPECIFICATION TO COMMANDING OFFICEB 
 UNDEB WHOM THE ACCUSED IS SERVING. 
 
 DEPARTMENT OF THE NAVY, 
 OFFICE OF THE JUDGE ADVOCATE GENERAL, 
 
 Washington, July , 19 . 
 
 From : Judge Advocate General. 
 
 To : Commanding Officer, U. S. S. Texas, navy yard, Philadelphia, Pa. 
 
 Subject : Trial of C J. S , seaman, U. S. Navy, by the general court- 
 martial of which the president is . 
 
 Inclosure: 1. 
 There is transmitted herewith certified copy of charge , with specification , 
 
 for delivery to the accused in this case, with notice that he will be tried 
 
 before the above-mentioned general court-martial. 
 
 The judge advocate of the court has been directed! to. summon such witnesses 
 
 as may be required for the defense. 
 
 By direction of the Secretary of the Navy. 
 (Not appended to record.) 
 
 232 
 
 
 
PROCEDURE FOR COURTS AND BOARDS. 369 
 
 LETTER TO COMMANDING OFFICER, INCLOSING CHARGES AND SPECIFICATIONS AND 
 PLACING OFFICER UNDER ARREST. 
 
 NAVY DEPARTMENT, 
 Washington, July , 19 . 
 From : The Secretary of the Navy. 
 To : Commanding officer, U. S. S. Texas. 
 
 Subject: Trial by general court-martial of Lieutenant X Y. Z , 
 
 U. S. Navy. 
 Inclosures: 2. 
 1. You will deliver the inclosed copy of charges and specifications to Lieutenant 
 
 X Y. Z , place him under arrest in conformity, with article 44 of 
 
 the Articles for the Government of the Navy, and direct him to report to 
 
 Captain A B. C at the time designated for his trial before the 
 
 general court-martial of which that officer is president. 
 
 41; 42 
 
 LETTER TO COMMANDANT OF NAVY YARD (COMMANDING OFFICER OF VESSEL) 
 DIRECTING HIM TO FUENISH CLERICAL ASSISTANCE. 
 
 NAVY DEPARTMENT, 
 Washington, July , 19 . 
 From : The Secretary of the Navy. 
 To : Commandant, navy yard, Philadelphia, Pa. 
 Subject : General court-martial ; detail of clerical assistance. 
 
 1. A general court-martial, of which Captain A B. C , is presi- 
 dent, has been ordered to convene at the navy yard, Philadelphia, Pa., at 10 
 o'clock a. m., on July , 19 . 
 
 2. You will detail from among the civil employes or enlisted force under 
 your command such clerical assistance as may be required by the judge advo- 
 cate in recording the proceedings of the court. 
 
 (Not appended to record). 
 
 270 
 
 LETTER TO JUDGE ADVOCATE AUTHORIZING THE EMPLOYMENT OF A STENOGRAPHER. 
 
 NAVY DEPARTMENT, 
 Washington, July , 19 . 
 From : The Secretary of the Navy. 
 To : First Lieutenant V V. W , U. S. Marine Corps, judge advocate, 
 
 general court martial, navy yard, Philadelphia, Pa. 
 Subject : Authorizing employment of a stenographer for general court martial. 
 
 1. You are hereby authorized and directed to employ at the best obtainable 
 rates, not to exceed the customary market rates, to be agreed upon in writing 
 before any services are rendered, such stenographic assistance as may in your 
 judgment be requisite and proper, for the purpose of recording the proceedings 
 to be had and the testimony to be taken by the general court-martial of which 
 
370 PROCEDURE FOR COURTS AND BOARDS. 
 
 you are judge advocate, ordered to convene at the navy yard, Philadelphia, 
 Pennsylvania, on Monday, July -r-, 19 . 
 
 2. This agreement will embrace a separate charge for the copying of such 
 matter as may not be taken stenographically. 
 
 3. Should it appear at any time subsequent to the making of the original 
 agreement that service other than that specified therein is necessary a new 
 agreement in writing shall at once be made concerning the additional service. 
 Copies of the agreement will be made in duplicate, one copy to be retained by 
 the stenographer and the other by the judge advocate. When the services have 
 been performed you will require the bills therefor to be submitted in duplicate, 
 and after certifying to their correctness will forward them to the Bureau of 
 Supplies and Accounts, via the Judge Advocate General, with your copy of the 
 agreement. 
 
 4. The commandant, navy yard, Philadelphia, Pa., has been directed to fur- 
 nish you with the necessary clerical assistance. ,.,jf w } Ujinuai-r' 
 
 270; 272 
 (Not appended to record.) 
 
 AGEEEMENT BETWEEN JUDGE ADVOCATE AND STENOGRAPHER. 
 
 , 19. 
 
 I propose to do the necessary stenographic work in the to be 
 
 convened at , on the - - day of - , 19 , for the - 
 
 , and furnish copies of the record for cents per 
 
 folio of words (or, for $ per diem) ; and to copy such matter as 
 
 may not be taken stenographically for cents per folio. 
 
 Should additional service, other than that herein specified, become necessary, 
 a new agreement for such service at not more than market rates therefor will 
 be made. 
 
 _ 
 The above proposition is accepted. 
 
 .jv , 
 
 Judge Advocate. 
 
 This agreement should be made in duplicate, one copy to be retained by the 
 stenographer and the other by the judge advocate. When the services have 
 been performed the judge advocate will require the bills therefor to be submit- 
 ted to him in duplicate, and, after certifying to their correctness, he will for- 
 ward them to the Bureau of Supplies and Accounts, via the Judge Advocate 
 General, with his copy of this agreement. 
 
 270 
 
 LETTER TO JUDGE ADVOCATE AUTHORIZING CORRECTION IN THE SPECIFICATIONS. 
 
 NAVY DEPARTMENT, 
 Washington, July , 19 . 
 From : The Secretary of the Navy. 
 To : First Lieutenant V V. W , U. S. Marine Corps, judge advocate, 
 
 7 r 7 J O 
 
 general court-martial, navy yard, Philadelphia, Pa. 
 Subject : Authorizing correction in specifications. 
 
 1. You are hereby authorized and directed to change the copy of charges and 
 specifications preferred by the department against Lieutenant X Y. 
 
PROCEDURE FOR COURTS AND BOARDS. 371 
 
 , U. S. Navy, in the following particular: On page 3, line 6, the word 
 
 2. You will cause the copy in possession of Lieutenant Z - to be corrected 
 accordingly. 
 
 (Prefixed to record, following charges and specifications.} 
 
 
 
 55 
 
 LETTEB TO JUDGE ADVOCATE AUTHORIZING A NOLLE PROSEQUI. 
 
 NAVY DEPARTMENT, 
 Washington, July , 19 . 
 From : The Secretary of the Navy. 
 To : First Lieutenant V - V. W , U. S. Marine Corps, judge advocate, 
 
 general court martial, navy yard, Philadelphia, Pa. 
 
 Subject: Authorizing the entry of a nolle prosequi in the case of Lieutenant 
 X - Y. Z , U. S. Navy. 
 
 1. You are hereby authorized and directed to enter a nolle prosequi in the 
 case of Lieutenant X - Y. Z , on the charge and specification pre- 
 ferred against him by the department, and forwarded to you on July , 
 19, for trial. 
 
 2. You will return all papers in the foregoing case to the department (Office 
 of the Judge Advocate General). 
 
 (Appended to record.) 
 
 60 
 
 BEQUEST FOB COURT BOOM AND FOR PROVOST MARSHAL, GUARD, AND ORDERLIES. 
 
 U. S. S. "TEXAS,"' 
 Navy Yard, New York, July , 19 . 
 
 From : First Lieutenant V V. W , U. S. Marine Corps, judge advo- 
 cate, general court-martial. 
 
 To : Commandant, via commanding officer. 
 
 Subject : Request for court room and for detail of provost marshal, guard, and 
 orderlies for general court-martial. 
 1. Having been appointed judge advocate of a general court-martial, ordered 
 
 to convene at the navy yard under your command at 10 o'clock a. m., on Monday, 
 
 July , 19 , I respectfully request that a suitable place be assigned for the 
 
 sessions of the court, and that a provost marshal and the necessary guard and 
 
 orderlies be detailed. 
 
 253; 274; 276 
 
 . 
 OBDEB TO PRESIDENT OF COUBT WHEN TBAVEL IS INVOLVED. 
 
 NAVY DEPARTMENT, 
 BUBEAU OF NAVIGATION, 
 Washington, July , 19 . 
 From : Bureau of Navigation. 
 
 To: Captain A B. C , U. S. Navy, commanding U. S. S. Texas, 
 
 navy yard, Boston, Mass. 
 
372 PROCEDURE FOR COURTS AND BOARDS. 
 
 Subject: Orders to proceed to the navy yard, New York, in connection with 
 
 general court-martial. 
 
 l.Haviiig been unpointed president of a general court-martial ordered to 
 convene at the navy yard, New York, at 10 o'clock a. m., on Monday, July , 
 19 , you will proceed to that place and report to the commandant of the said 
 yard on the date specified. 
 
 2. The members of the court and the judge advocate have been directed to 
 report to you. 
 
 3. Upon the completion of this duty return to Boston, Mass., and resume 
 present duties. 
 
 (If court is ordered by a convening authority other than the Secretary of the 
 Navy, this order is issued by such convening authority.) 
 
 (When the president of the court is senior to the commandant of the station 
 he is ordered to confer with instead of reporting to the latter. ) 
 (Not appended to record.) 
 
 228 
 
 
 ORDER TO PRESIDENT OF COURT WHEN NO TRAVEL IS INVOLVED. 
 
 
 
 NAVY DEPARTMENT, 
 BUREAU OF NAVIGATION, 
 
 Washington, July 19. 
 From : Bureau of Navigation. 
 To : Captain A - B. C , U. S. Navy, commanding U. S. S. Texas, navy 
 
 yard, Boston, Mass. 
 
 Subject : Orders to report to commandant, navy yard, Boston, Mass., for duty 
 as president of a general court-martial. 
 
 1. Having been appointed president of a general court-martial ordered to 
 convene at the navy yard, Boston, Mass., you will report to (confer with) the 
 commandant of the said yard on the date specified. 
 
 2. The members of the court and the judge advocate have been directed to 
 report to you. 
 
 3. This is in addition to your present duties. 
 (Not appended to record. See note ante.) 
 
 ORDER TO MEMBER OR JUDGE ADVOCATE WHEN TRAVEL IS INVOLVED. 
 
 NAVY DEPARTMENT, 
 
 BUREAU OF NAVIGATION, 
 
 Washington, July , 19. 
 From: Bureau of Navigation. 
 
 To: Lieutenant M - N. O , U. S. Navy, U. S. S. Texas, Navy Yard, 
 
 New York, via Commanding Officer. 
 Subject : Appointment as member of a general court-martial. 
 
 1. Having been appointed a member (judge advocate) of a general court- 
 martial ordered to convene at the navy yard, Philadelphia, Pennsylvania, at 
 10 o'clock a. m., on Monday, July , 19 , you will proceed to that place and 
 
 report to Captain A B. C , U. S. Navy, president of that court, at 
 
 the time specified. 
 
 2. Upon the completion of this duty return to New York. 
 
 3. This is in addition to your present duties. 
 (Not appended to record. See note ante.) 
 
 1 
 
PROCEDURE FOB COURTS AND BOARDS. 373 
 
 ORDER TO MEMBER OR JUDGE ADVOCATE WHEN NO TRAVEL IS INVOLVED. 
 
 NAVY DEPARTMENT, 
 
 BUREAU OF NAVIGATION, 
 
 Washington, July , 19 . 
 From : Bureau of Navigation. 
 
 To : Lieutenant M - N. O , U. S. Navy, U. S. S. Texas, via Command- 
 ing Officer. 
 Subject : Appointment as member of a general court-martial. 
 
 1. Having been appointed a member (judge advocate) of a general court- 
 martial ordered to convene at the navy yard, Boston, Mass., at 10 o'clock a. m., 
 
 on Monday, July , 19 , you will report to Captain A - B. C , 
 
 U. S. Navy, the president of the court, at the place and time specified. 
 
 2. This is in addition to your present duties. 
 (Not appended to record. See note ante.) 
 
 SUMMONS FOR NAVAL WITNESS. 
 
 COURT MARTIAL ROOM, NAVY YABD, 
 
 Philadelphia, Pa., July , 19 . 
 
 From : First Lieutenant V V. W , U. S. Marine Corps, judge advo- 
 cate, general court-martial. 
 
 To: Lieutenant G - C. C , U. S. Navy, navy yard, Philadelphia, Pa., 
 via Commandant. 
 
 Subject: Summons as a witness before a general court-martial. 
 You are hereby summoned to appear before a general court-martial at the 
 
 navy yard, Philadelphia, Pa., at 10 o'.clock a. m., July , 19 , as a witness 
 
 for the prosecution (defense) in the case of Lieutenant X Y. Z , 
 
 US Navy. 
 
 (Not appended to record.) 
 
 122; 123 
 
 SUBPCENA FOR CIVILIAN WITNESS. 
 
 NAVAL GENERAL COURT-MARTIAL OF THE UNITED STATES, 
 
 Navy Yard, New York. 
 UNITED STATES 1 
 
 v. I Subpoena. 
 
 LIEUTENANT X - Y. Z , U. S. NAVY, j 
 
 The President of the United States to J B. 8 : 
 
 You are hereby commanded to appear as a witness for the , at 10 
 
 o'clock a. m., June 22, 19 , before a naval general court-martial of the United 
 States, convened at the navy yard, New York, by an order of the Secretary of 
 the Navy, dated June 11, 19 . 
 
 And herein fail not under penalty of five hundred dollars fine or imprison- 
 ment for six months, or both. 
 
 Bring with you this precept and depart not the court without leave. 
 
374 PROCEDURE FOR COURTS AND BOARDS. 
 
 Witness : Capt. A B. G , U. S. Navy, president of the said court, 
 
 this 21st day of June, 19 . 
 
 V V. W -, 
 
 First Lieutenant, U. 8, Marine Corps, 
 
 Judge Advocate. 
 
 (In the case of a civilian witness rending outside the State, Territory, or 
 district where the court is held, or whose appearance is desired before a court 
 or board other than a general court-martial or court ol inquiry, the foregoing 
 should read: 
 
 You are hereby requested to appear as a witness for the - , at 10 
 o'clock a. m., June 22, 19 , before a naval general court-martial of the United 
 States convened at the navy yard, New York (or, before a summary court- 
 
 martial, etc., or as the case may be). 
 
 V V. W , 
 
 First Lieutenant, U. S. Marine Corps, 
 
 Judge Advocate. 
 124; 129 
 
 SUBPOENA DUCES TECUM FOR NAVAL WITNESS. 
 
 ' 
 
 COURT MARTIAL ROOM, 
 Navy Yard, New York, July , 19 . 
 
 From : First Lieutenant V V. W , U. S. Marine Corps, judge advo- 
 cate, general court-martial. 
 
 To: Lieutenant H H. J , U. S. Navy, navy yard, New York, via 
 
 Commandant. 
 
 Subject : Summons as witness before a general court-martial, with instructions 
 to bring before the court certain described documents. 
 
 1. You are hereby summoned to appear before a general court-martial at 
 the navy yard, New York, at 10 o'clock a. m., July , 19 , as a witness for the 
 
 prosecution (defense) in the case of Lieutenant X - Y. Z , U. S. 
 
 Navy. 
 
 2. You will also bring with you the following described documents. (De- 
 scribe them.) 
 
 202 
 
 SUBPCENA DUCES TECUM FOR CIVILIAN WITNESS. 
 
 NAVAL GENERAL COURT-MARTIAL OF THE UNITED STATES, 
 
 Navy Yard, New York. 
 UNITED STATES | 
 
 v. 1 Subpoena. 
 
 LIEUTENANT X Y. Z , U. S. NAVY.J 
 
 The President of the United States to J B. S : 
 
 You are hereby commanded to appear as a witness for the prosecution (de- 
 fense), at 10 o'clock a. m., June 22, 19 , before a naval general court-martial 
 of the Unite.d States, convened at the navy yard, New York, by an order of the 
 Secretary of the Navy, dated June 11, 19 , and bring with you the following- 
 described documents: (Here describe them.) 
 
 And herein fail not under penalty of five hundred dollars fine or imprison- 
 ment for six months, or both. 
 
PROCEDURE FOR COURTS AND BOARDS. 375 
 
 Bring with you this precept, and depart not the court without leave. 
 Witness : Capt. A B. C , U. S. Navy, president of the said court, 
 this 21st day of June, 19 . 
 
 V V. W , 
 
 First Lieutenant, U. 8. Marine Corps, Judge Advocate. 
 
 202 
 
 SUBPCENA FOB TAKING DEPOSITION OF A CIVILIAN WITNESS. 
 
 
 
 NAVAL GENERAL COUBT-MAETIAL OF THE UNITED STATES, 
 
 Navy Yard, New York. 
 UNITED STATES 
 
 v. Subpoana. 
 
 LIEUTENANT X Y. Z , U. S. NAVY. 
 
 The President of the United States to J B. S : 
 
 You are hereby commanded to appear as a witness for the prosecution (de- 
 fense) on June , 19 , at o'clock in., before (to be designated by the 
 convening authority), detailed to take your deposition for use before a naval 
 general court-martial of the United States, convened at the navy yard, New 
 York, by an order of the Secretary of the Navy, d&ted June 11, 19 . 
 
 And herein fail not under penalty of five hundred dollars fine or imprison- 
 ment for six months, or both. 
 
 Bring with you this precept, and depart not without leave. 
 
 Witness : Capt. A - B. C , U. S. Navy, president of the said court, 
 
 this 21st day of June, 19 . 
 
 V V. W , 
 
 First Lieutenant, U. S. Marine Corps, Judge Advocate. 
 
 180 
 
 LETTER DIRECTING THE TAKING OF IMPOSITIONS. 
 
 DEPARTMENT OF THE NAVY, 
 
 Washington, November 19, 1915. 
 From : The Secretary of the Navy. (Or, other convening authority, if addressed 
 
 to an officer under his command. ) 
 To : Lieutenant , U. S. Navy, U. S. Navy recruiting station , 
 
 Subject : Designation to take depositions. 
 
 Inclqsures : Subprenas and interrogatories to be used in taking depositions 
 to be used in the case of - , fireman, first class, U. S. Navy. 
 
 1. You are hereby authorized and directed to serve the subpoenas and pro- 
 pound the interrogatories forwarded herewith. 
 
 2. You will take the depositions required at the earliest practicable date 
 and you will notify the judge advocate of the general court-martial at the 
 navy yard, New York, as to the probable date on which he may expect to 
 receive this testimony. 
 
 3. Upon completion of the said depositions, forward the same direct to the 
 judge advocate of the general court-martial at the navy yard, New York, 
 
 180; 181 
 
376 PROCEDURE FOR COURTS AND BOARDS. 
 
 INTERROGATORIES AND DEPOSITION. 
 
 Interrogatories. 
 
 UNITED STATES 
 v. 
 
 LIEUTENANT X - Y. Z 
 
 U. S. Navy. 
 
 The following interrogatories and cross-interrogatories to be propounded un- 
 der section 16 of the act of Congress approved February 16, 1909, to - 
 
 , stationed (or residing) at , a witness for the prosecution 
 
 (defense) in the above-entitled case now pending and to be tried before the 
 general court-martial convened by an order of the Secretary of the Navy, dated 
 June 11, 19 , are accepted by the court in open session, the defense (prosecu- 
 tion) having been given reasonable opportunity to submit cross-interrogatories 
 (or are agreed upon by both parties in advance of the assembling of the court 
 and subject to exceptions when read in court), and are respectfully forwarded 
 
 to with the request that some suitable officer may be designated 
 
 to take, or cause to be taken, the deposition of the said witness thereon : 
 
 First interrogatory : Are you in the United States Navy? If yes, what is your 
 full name, rank, and vessel or station? If no, what is your full name, occupa- 
 tion, and residence? 
 
 Second interrogatory: Do* you know the accused? If yes, how long have you 
 known him? 
 
 Third interrogatory : ? 
 
 Etc. 
 
 First cross-interrogatory : ? 
 
 Etc. 
 
 First interrogatory by the court : - ? 
 
 Etc. 
 
 Dated at the navy yard, New York, June , 19 . 
 
 j^ g Q 
 
 Captain, U. S. Navy, President of the Court. 
 
 V V. W , 
 
 First Lieutenant, U. S. Marine Corps, Judge Advocate. 
 
 (Or, if taken in advance of the assembling of the court, the signatures should 
 be those of the judge advocate and the accused, thus:) 
 
 V V. W , 
 
 First Lieutenant, U. S. Marine Corps, Judge Advocate. 
 
 X , Y. Z , 
 
 Lieutenant, U. S. Navy. 
 
 Deposition. 
 
 J B. S , the witness above named, having been first duly sworn by 
 
 me, Lieutenant , U. S. Navy, in charge of U. S. Navy Recruiting Sta- 
 tion, - , doth depose and say for full answers to the foregoing interroga- 
 tories, as follows: 
 
 To the first interrogatory : . 
 
 Etc. 
 
 J B. S . 
 
 Subscribed and sworn to before me this day of June, 19 . 
 
 Lieutenant, U. S. Navy, in charge of U. 8. Navy Recruiting Station, 
 
 180 to 183 
 
PROCEDURE FOR COURTS AND BOARDS. 377 
 
 RETURN OF SERVICE ON A SUBPOENA. 
 
 UNITED STATES 
 
 v. 
 LIEUTENANT X Y. Z , U. S. NAVY. 
 
 NAVY YARD, NEW YORK, 
 
 June 22, 19 . 
 I certify that I made service of the within subpoena on J B. S 
 
 the witness named therein, by personally delivering to him a duplicate of the 
 same at (address), on the 21st day of June, 19 . 
 
 Lieutenant, U. S. Navy, 
 Provost Marshal, General Court-Martial. 
 (Or other person, as the case may be.) 
 
 >ss. ( State and county, or navy yard, etc., where affidavit is taken. ) 
 
 B - R. G -, being duly sworn, on his oath states that the foregoing 
 
 certificate is true. 
 
 B - R. G . 
 Subscribed and sworn to this 22d day of June, 19 , before me. 
 
 V V. W , 
 
 First Lieutenant, U. S. Marine Corps, Judge Advocate. 
 (Or other officer, giving title, before whom affidavit is made.) 
 
 129 
 
 WARRANT OF ATTACHMENT. 
 NAVAL GENERAL COURT-MARTIAL OF THE UNITED STATES. 
 
 UNITED STATES 
 
 v. 
 LIEUTENANT X - Y. Z , U. S. NAVY 
 
 The President of the United States to Lieut. B R. G , U. S. Navy, 
 
 provost marshal for said court: 
 
 Whereas J B. S , of , was on the day of 
 
 June, 19 , at , duly subpoanaed to appear and attend at the navy yard, 
 
 New York, on the day of June, 19 , at 10 o'clock a. m., before a naval 
 
 general court-martial of the United States, duly convened by an order of the 
 Secretary of the Navy, dated June 11, 19 , to testify on the part of the prose- 
 cution (defense) in the above-entitled case: 
 
 And whereas he has willfully neglected, refused, and failed to appear and 
 attend (or, and to produce documentary evidence which he was legally sub- 
 poenaed to produce) before said general court-martial as by said subprena 
 required : 
 
 And whereas he is a necessary and material witness on behalf of the prosecu- 
 tion (defense) in the above-entitled case: 
 
 Now, therefore, by virtue of the power vested in said naval court-martial by 
 section 11 of an act of Congress entitled "An act to promote the administration 
 of justice in the Navy," approved February 16, 1909, of which court-martial I, 
 
378 
 
 PROCEDURE FOR COURTS AND BOARDS. 
 
 the undersigned, am president, you are hereby commanded and empowered to 
 
 apprehend and attach the said J B. S , wherever he may be found 
 
 within the State (Territory or District) of New York, and forthwith bring him 
 before the said general court-martial assembled at the navy yard, New York, to 
 testify as required by said subpoena. 
 Dated Navy Yard, New York, June , 19 . 
 
 A - B. C , 
 
 Captain, U. 8. Navy, President of said General Court-Martial. 
 
 131 
 
 ACCOUNT OF CIVILIAN WITNESS NOT IN GOVERNMENT EMPLOY. 
 
 , 191... 
 
 THE UNITED STATES, NAVY DEPARTMENT, 
 
 To : , Dr. 
 
 Address 
 
 
 
 Dollars. Cents. 
 
 For allowance while in attendance before a court-martial convened 
 
 at from .,191.., 
 
 to , 191.., as per certificate hereon, 
 
 being days, at $1.50 per day 
 
 For mileage from to 
 
 and return, in accordance with subpoena attached, being 
 
 miles, at 5 cents per mile 
 
 Total 
 
 I solemnly swear that the above account is correct, and that I have not been 
 furnished with Government transportation for any part of the journey for 
 which travel fare is charged, and that I have not heretofore received payment 
 for any part of this account. 
 
 Sworn to and subscribed before me at , on this day of 
 
 191 
 __ , 
 
 ' T 
 (Judge Advocate, or proper officer.) 
 
 I certify that . , a civilian not in Government employ, has been 
 
 in attendance as a witness before the court martial, of which I am 
 
 , in session at . from , 191 , to , 
 
 191 , inclusive* and that was duly summoned thereto from 
 
 and that was not furnished transportation by the Government for 
 
 any portion of this journey. 
 
 , U. S. 
 
 (Judge Advocate, or proper officer.) 
 
PROCEDURE FOR COURTS AND BOARDS. 379 
 
 To , 
 
 Pay _. -, U. S. Navy. 
 
 You are hereby directed to pay mileage and witness fees or cost of travel 
 and expenses for civilian witness, whose account is set forth above in the 
 sum of ($ ) 
 
 U. S. Navy, Commanding. 
 
 Paid by check No. on assistant treasurer at , dated 
 
 , 191__, for $ , in favor of 
 
 , 
 
 Pay , U. S. N. 
 
 (Receipt to be signed only when payment is made in cash.) 
 
 Received , 191__, of , Pay , U. S. Navy, in cash 
 
 ._ dollars, in full of above account. 
 
 (Witness.) 
 
 (Certified copy of order convening the court and the subpoena must be at- 
 tached to this voucher.) 
 
 VOUCHER FOR REIMBURSEMENT OF TRAVELING EXPENSES, CIVILIAN WITNESS IN 
 
 GOVERNMENT EMPLOY. 
 
 The UNITED STATES, NAVY DEPARTMENT, 
 
 To , Dr. 
 
 Address: _. 
 
 
 Dollars. 
 
 Cents. 
 
 For reimbursement of traveling expenses incurred in attendance as a witness be- 
 
 
 
 ,19 , to ,19 , in accordance with 
 
 
 
 the subpoena which is attached hereto and forms a part of this account as per 
 itemized statement herein set forth . 
 
 
 
 
 
 
 
 
 
 
 
 
 I solemnly swear that the above account and schedule annexed are just and 
 true in all respects, as verified by a memorandum kept by me ; that the distances 
 as charged have been actually and necessarily traveled on the dates therein 
 specified ; that the amounts as charged have been actually paid by me for travel- 
 ing expenses ; that I have not and will not receive, directly or indirectly, from 
 any person, agency, or corporation any sums as rebate on account of any ex- 
 penses of transportation included in this account; that none of such distances 
 for which charge is made was traveled under any free pass on any conveyance ; 
 that no part of the account has been paid by the United States, but the full 
 amount is justly due ; that all expenditures included in said account other than 
 my own personal traveling expenses were made under urgent and unforeseen 
 public necessity, and that it was not, for the reasons stated herein, feasible to 
 
 26450^17 25 
 
380 
 
 PROCEDURE FOR COURTS AND BOARDS. 
 
 have payment made for such expenditures by a pay officer of the Navy Depart- 
 ment. So help me God. 
 
 , . , . , 
 Sworn to and subscribed before me at , on this _ day of , 
 
 ft. , u. S. 
 
 (Judge Advocate, or proper officer.) 
 
 I certify that , a civilian in Government employ, has been in attendance 
 
 as a witness before the court martial, of which I am , in session 
 
 at , from , 19__, to , 19__, inclusive, and that he was duly 
 
 summoned thereto from , and that he was ( ) furnished transporta- 
 tion by the Government for ( ) this journey. 
 
 , U. S. 
 
 (Judge Advocate, or proper officer.) 
 
 To , 
 
 Pay , U. S. Navy: 
 
 You are hereby directed to pay the cost of travel and expenses, for civilian 
 witness whose account is set forth above, in the sum of ($ ). 
 
 , U. S. Navy, Commanding. 
 
 Paid by check No. , on assistant treasurer at , dated , 
 
 19 , for $ , in favor of 
 
 Pay , U. S. N. 
 
 (Receipt to be signed only when payment is made in cash.) 
 
 Received , 19__, of , Pay , U. S. N., in cash, 
 
 dollars, in full of above account. 
 
 "witness 
 
 (Certified copy of order convening the court and the subpoena must be at- 
 tached to this voucher.) 
 
 Itemized statement of traveling expenses, and other expenses incurred under 
 stress of urgent or unforeseen public necessity. 
 
 (Fill in form on this voucher showing how transportation requests were used.) 
 
 . I -, M- . 
 
 Date. 
 
 
 
 
 Character of expenditures. 
 
 - 
 
 
 
 
 Sub- 
 voucher 
 No. 
 
 Amount. 
 
 Dollars. Cents 
 
 19... 
 
 ::::::::: 
 
 
 
 I:::::::::::::::::::::::::::::::::::::::::::::::: 
 
 
 Total account claimed. . . 
 
 
PROCEDURE FOR COURTS AND BOARDS. 381 
 
 Memorandum of travel performed upon transportation requests. 
 
 No. of trans- 
 portation 
 request. 
 
 Date of travel. 
 
 From 
 
 To- 
 
 Via R. R. 
 
 Dollars. 
 
 Cents. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 132 
 
 
 CERTIFICATE OF COURT TO DISTRICT ATTORNEY IN CASE OF A CONTUMACIOUS CIVILIAN 
 
 WITNESS. 
 
 COURT-MARTIAL ROOM, 
 
 Navy Yard, New York, N. Y., June , 19 . 
 The United States District Attorney for the Southern District of New York. 
 
 SIR : A naval general coiart-martial was convened at the navy yard, New York, 
 situated in Brooklyn, State of New York, by an order of the Secretary of the 
 Navy (or as the case may be). A certified copy of said order is hereto appended, 
 marked " " ; also certified copies of subsequent modifications thereof are 
 hereto appended, marked " " and " ." 
 
 In the case of the United States against , U. S. Navy, trans- 
 mitted to the court by a letter, certified copy hereto appended, marked " : ," 
 
 a material witness for the prosecution (defense), L J. B , residing 
 
 at , within this State (Territory or District), was duly subpoenaed to 
 
 appear as such witness before said court martial; certified copy of subpoena 
 (duces tecum) and of the return of service thereon hereto appended, marked 
 
 Upon being duly sworn as a witness in the aforesaid case, and in the course 
 
 of his testimony therein, the said L J. B was asked the following 
 
 question by counsel for the defense (judge advocate) : Q. * * *? 
 
 The witness declined to answer the question, and, having been paid (ten- 
 dered ) his lawful fee and mileage ; was then cautioned and informed as to the 
 penalty for persisting in his refusal to answer the said question, which was 
 again put to him. The witness again declined to answer, and gave the fol- 
 lowing reason for his refusal: " ." (Enter reason of witness in full, 
 
 and verbatim if possible.) 
 
 The foregoing facts are certified to you as correct for your action thereon, in 
 accordance with the provisions of section 12 of the act of February 16, 1909 
 (35 Stat, 621). 
 
 By order of the court: 
 
 A B. C , 
 
 
 Captain, U. S. Navy, President. 
 
 Attest : 
 
 V. W- 
 
 First Lieutenant, U. S. Marine Corps, Judge Advocate. 
 
 Object of certificate. The certification of facts is for the information of the 
 district attorney and to enable him to prepare the proper information charging 
 the ivitness with the offense, and, except in two cases mentioned below, the 
 accuracy and precision required in an indictment is not essential. 
 
 Precise question set out. The first exception referred to above is where the 
 witness refuses to answer a question. In such a case the precise question pro- 
 
382 PROCEDURE FOR COURTS AND BOARDS. 
 
 pounded to him should be set out, likcivise the reason, if any, which the wit- 
 ness gives for not answering. 
 
 Refusal to obey subpcena duces tecum. In case the contumacy is in the 
 refusal of the witness to produce a book, paper, or document the second excep- 
 tion referred to above occurs. In such a case the witness, having been sub- 
 pwnaed to produce such book, etc., the book, paper, or document should be par- 
 ticularly and certainly described and identified, which description should also 
 correspond with that given in the subpcena duces tecum. The reason for the 
 refusal of the witness should also be accurately set forth. 
 
 Substance of certificate. The certificate should contain the following infor- 
 mation: Copy of order convening court, with copies of any subsequent modifica- 
 tions. Copy of subpoena served on the ivitness, showing the place from which 
 summoned and that such place was within the State, Territory, or District 
 within which the court is held. Facts as to (1) neglect to appear, (2) refusal to 
 appear, (3) refusal to qualify as a witness, (4) refusal to testify, or (5) refusal 
 to produce documentary evidence, all to be definitely but succinctly stated. 
 Also a statement that the witness was paid or tendered his lawful fee and 
 mileage. 
 
 Further information. With a proper observance of the particularity, accu- 
 racy, and precision in the two cases above referred to, the matter indicated in 
 the foregoing paragraph is sufficient to meet the requirements of the law. Any 
 further information can readily be furnished if needed by the district attorney. 
 
 Record and signature. The record of the proceedings shall state the facts 
 relative to any case of contumacy, and that the court has ordered the facts to 
 be certified to the district attorney. The formal certificate of facts, stating 
 that it is made " by order of the court," will be sufficiently signed if done offi- 
 cially by the president of the court and attested by the judge advocate. 
 
 (Copy appended to record.) 
 
 130; 174; Act of Feb. 16, 1909, under 42 A. G. N. 
 
 RECEIPT OF ACCUSED FOR COPY OF RECORD. , )f jrp 
 
 GENERAL COURT MARTIAL ROOM, 
 Navy Yard, Philadelphia, Pa., July , 19 . 
 
 I hereby acknowledge the receipt of a copy of the record of proceedings of 
 my trial by general court-martial held this date (or, as the case may be.) 
 
 Seaman, U. S. Navy. 
 (Appended to record.) 
 
 366 to 368 
 
 WAIVER OF THE ACCUSED OF THE RIGHT TO COPY OF RECORD. 
 
 GENERAL COURT MARTIAL ROOM,. 
 Navy Yard, Philadelphia, Pa., July , 19 . 
 
 Without any coercion whatever, I hereby waive my right to a copy of the 
 record of the proceedings of my trial by general court-martial held this date 
 (or, as the case may be). 
 
 A D. B , 
 
 Private, U. S. Marine Corps. 
 (Appended to record.) 
 
 368 to 369 
 
PROCEDURE FOR COURTS AND BOARDS. 383 
 
 LETTER INFORMING CONVENING AUTHORITY THAT COURT HAS FINISHED ALL BUSINESS 
 
 BEFORE IT. 
 
 COURT MARTIAL ROOM, 
 Navy Yard, New York, July , 19. 
 
 From: Captain A - B. C , U. S. Navy, president general court-mar- 
 tial, navy yard, New York. 
 To : The Secretary of the Navy. 
 Subject : Adjournment of court after the completion of all business before it. 
 
 1. The general court-martial of which I am president, having finished all the 
 business before it, has adjourned to await your further instructions. 
 
 241 
 
 ORDER DISSOLVING COURT. 
 
 NAVY DEPARTMENT, 
 Washington,^ July , 19 . 
 From : The Secretary of the Navy. 
 To : Captain A - B. C , U. S. Navy, president general court-martial, 
 
 navy yard, New York. 
 Subject : Dissolving general court-martial. 
 
 1. The general court-martial of which you are president is hereby dissolved. 
 
 2. You will notify the other members of the court and the judge advocate 
 accordingly. 
 
 389 
 

II. 
 
 SUMMARY COURTS-MARTIAL. 
 
 (Chapter XI Part I.) 
 
 385 
 
 
.II 
 iTHUOO THAW 
 
 (.1 hT!*! ] iK>) 
 
INCIDENTS OF A TEIAL BY SUMMARY COURT- 
 MARTIAL. 
 
 1. Court meets. 
 
 2. Accused introduced. 
 
 3. Accused signifies wishes as to counsel. 
 
 4. Counsel, if any, introduced. 
 
 5. Precept and other documents relating to organization read. 
 
 6. Challenge of members. 
 
 7. Members sworn by recorder. 
 
 8. Recorder sworn by senior member. 
 
 9. Has accused received copy of specification (s) ? If so, when? 
 
 10. Specification (s) pronounced in due form and technically correct. 
 
 11. Accused asked if he is ready for trial. 
 
 12. All witnesses not otherwise connected with the trial directed to withdraw. 
 
 13. Specification (s) read by recorder. 
 
 14. Arraignment. 
 
 15. Preliminary motion, if any. 
 
 16. Plea to issue. /(/ 
 
 17. Prosecution begins. }'1<G 
 
 18. Prosecution rests. 
 
 19. Defense begins. 
 
 20. Defense rests. 
 
 21. Rebuttal. 
 
 22. Surrebuttal. 
 
 23. Statements. 
 
 24. Trial finished. 
 
 25. Court cleared for deliberation on finding. 
 
 26. Recorder recalled to record finding. 
 
 27. Recorder informs court as to previous convictions. 
 
 28. Court opened to receive any record of previous convictions. 
 
 29. Court cleared for deliberation on sentence. 
 
 30. Recorder recalled to record sentence. 
 
 31. Recommendation for clemency, if any. 
 
 32. Court opened. 
 
 33. Adjournment. 
 
 387 
 
-THTJOO YffAMl/ JAIJIT A ]( >m 
 
 .JAITfl 
 
 
 
 J8HOJ- 
 
 . 
 
 
SEAMAN, U. S. NAVY, 
 17, 19. 
 85 
 
 RECORD OF PROCEEDINGS 
 
 OF A 
 
 SUMMARY COURT-MARTIAL 
 
 CONVENED ON BOARD 
 
 THE U. S. S. WYOMING. 
 82 to 92; 454 
 
 ORDER CONVENING A SUMMARY COTTRT-MARTTAL. 
 
 402 to 403 
 
 U. S. S. WYOMING, 
 Hampton Roads, Va., July , 19 . 
 From: Commanding Officer. 
 
 To : Lieutenant A R. K , U. S. Navy. 
 
 Subject: Convening summary court-martial. 
 
 1. A summary court-martial is hereby ordered to convene on board this ves- 
 sel on Friday, July , 19 , or as soon thereafter as practicable, for the trial 
 of such persons as may be legally brought before it. 
 
 2. The court will be constituted as follows: 
 
 Lieutenant A - R. K , U. S. Navy ; Lieutenant J - M. D , 
 U. S. Navy; and First Lieutenant J - H. R. , U. S. Marine Corps, 
 members, and Ensign J H. R , U. S. Navy, recorder. 
 
 404 to 409 
 
 FIRST DAY. 
 
 (// case covers more than one day.) 
 
 U. S. S. WYOMING, 
 Hampton Roads, Va., Friday, July 17, 19 . 
 
 The court met at 10 a. m. 
 
 401 
 
 Present : 
 
 Lieutenant A - R. K- , U. S. Navy; 
 
 Lieutenant J M. D , U. S. Navy; and 
 
 First Lieutenant G : B. W , U. S. Marine Corps, mem- 
 bers; and 
 
 Ensign J H. R , U. S. Navy, recorder. 
 
 358 
 
390 PROCEDURE FOR COURTS AND BOARDS. 
 
 Var. 1. Lieutenant J M. D , U. S. Navy, a member, was absent 
 on account of illness (or other cause), and, as the court was reduced below the 
 number authorized by law, it adjourned until 10 a. m. to-morrow, Saturday. 
 
 Var. 2. The court, being reduced below the number authorized by law, in- 
 formed the convening authority to that effect, and then took a recess until 
 11.30 a. m. the same date, when it reconvened. Present : Lieutenant A B. 
 K , U. .S. Navy ; First Lieutenant G - B. W , U. S. Marine 
 Corps, members, the recorder ; and Ensign T - S r U. S. Navy, ap- 
 pointed a member by the convening authority, vice Lieutenant J M. 
 D , U. S. Navy, relieved. 
 
 The accused entered and stated that he did not wish counsel. 
 
 ft* -Wot S8 
 
 Var. 1. entered and requested that Ensign L - N , U. S. 
 
 Navy, act as his counsel. (Ensign N entered.) 
 
 Var. 2. The accused was informed that his request to have Ensign L 
 
 N act as his counsel was not approved for the reason that (give reason) 
 
 he then requested that Lieutenant O P , U. S. Navy, act as his coun- 
 sel. Lieutenant P entered. Or, He thereupon requested that counsel 
 
 be detailed for him, and the court so notified the convening authority and took 
 a recess until 1 p. m. the same date, when it reconvened. Present: Ail the 
 
 members,, the recorder, and the accused. Ensign , having been detailed 
 
 as counsel for accused, reported as such. 
 
 44 
 
 rrvi T i ,, , / ^ -i-n A' n i>\ i 
 
 The recorder read the precept (and modifications thereof), original 
 hereto prefixed, marked ."A." 
 
 Var. 1. original prefixed to the record in the case of M 
 
 R. S , private, U. S. Marine Corps. 
 
 Var. 2. and an order relating thereto, prefixed hereto, marked 
 
 <( 5> 
 
 409 
 
 The accused stated that he did not object to any member. 
 
 Var. See variations under general court-martial, p. 345. , V\ 
 
 427; 277 to 282 
 
 Each member and the recorder were duly sworn. 
 
 428 to 431 
 
 The accused stated that he had received a copy of the specifica- 
 tion^) preferred against him on July , 19. 
 
 For See variations under general court-martial, p. 346. 
 j // 
 
 410 
 
 O T T J 
 
 The recorder asked the accused if he had any objection to make 
 to the specification (s). 
 
PROCEDURE FOR COURTS AND BOARDS. 391 
 
 The accused replied in the negative. 
 
 Var. See variations under general court-martial, p. 346. 
 
 414; 235 
 
 The court was cleared. 
 
 258 
 
 The court was opened. All parties to the trial entered, and the 
 senior member announced that the court found the specification (s) 
 in due form and technically correct. 
 
 Var. See variations under general court-martial, pp. 346-347. 
 
 414; 235 
 The accused stated that he was ready for trial. 
 
 410 
 Var. See variation under general court-martial, p. 347. 
 
 432 
 No witnesses not otherwise connected with the trial were present. 
 
 140 
 
 Var. See variations under general court-martial, p. 347. 
 The recorder read the specification (s), original prefixed, marked 
 " ," and arraigned the accused as follows: 
 
 .-q f 404 
 
 Q. J Z. S , seaman, U. S. Navy, you have heard the 
 
 specification preferred against you ; how say you to the specification, 
 guilty or not quilty? 
 
 A. Not guilty (guilty) (guilty except as to the words " 
 
 ," to which words, not guilty) (the accused 
 stood mute). 
 
 Var. 1. Q. , you have heard the specifications preferred against you; 
 
 how say you to the first specification, guilty or not guilty? 
 A. * * * 
 
 Q. To the second specification, guilty or not guilty? 
 A. * * * 
 
 436; 301 to 310 
 
 Var. 2. When accused makes a preliminary motion before pleading to the 
 issue. See variation under general court-martial, p. 348. 
 
 435; 294 to 300 
 
392 PROCEDURE FOR COURTS AND BOARDS. 
 
 When applicable to the plea. The accused was duly warned as to 
 the effect of his plea and persisted therein (or, withdrew his plea of 
 guilty and substituted therefor a plea of not guilty). 
 
 306 to 308 
 
 Var. When applicable to the plea. The court was cleared. The court was 
 opened. All parties to the trial entered, and the senior member announced 
 that the court decided to reject the plea of the accused, who was advised by 
 the recorder to withdraw his former plea and substitute therefor a plea of 
 not guilty. The accused declined to change his plea and the recorder was 
 directed by the court to proceed as though a plea of not guilty had been entered. 
 
 310 
 
 The prosecution began. 
 
 205 
 
 Var. The prosecution offered no evidence. 
 
 A witness for the prosecution entered and was duly sworn. 
 
 430 
 
 Var. A member (recorder) was called as a witness for the prosecution and 
 was duly sworn. 
 
 . 
 
 139 
 
 Examined by the recorder : 
 
 1. Q. State your name, rate (rank), and present station. 
 A. John W. /Smith, boatswain's mate, second class, U. S. Navy, 
 stationed on the U. S. S. Wyoming. 
 
 Var. (In case of a civilian witness): 
 
 1. Q. State your name, residence, and occupation. 
 
 2. Q. If you recognize the accused, state as whom. 
 
 A. I recognize him as J - Z. S , seaman, U. S. Navy, 
 stationed on the U. S. S. Wyoming. 
 
 143 
 
 . 
 o n * * * 
 
 6. ^J. 
 
 A. * * *. 
 
 142 
 
 Cross-examined by the accused (counsel) : 
 
 
 151 
 
PROCEDURE FOR COURTS AND BOARDS. 393 
 
 7. Q. * * *. 
 ^ * * * 
 
 (See further steps in examination of witness under general court- 
 martial, p. 350.) 
 
 141 
 
 Neither the recorder, the accused, nor the court desired further to 
 examine this witness. 
 
 154 
 
 The witness verified his testimony (was duly warned) and with- 
 drew. 
 
 175 to 177; 140 
 
 Var. See variations under general court-martial, p. 351. 
 
 A witness for the prosecution entered and was duly sworn. 
 
 Examined by the recorder: 
 
 1. Q. State your name, rank, and present station. 
 
 A. J - A. R , lieutenant, U. S. Navy, stationed on the 
 U. S. S. Wyoming. 
 
 2. Q. As whom do you recognize the accused ? 
 A. As J Z. S , seaman, U. S. Navy. 
 
 3. Q. * * * 
 A * * * 
 
 Neither the accused nor the court desired to question this witness. 
 
 154 
 
 The witness verified his testimony (was duly warned) and with- 
 drew. 
 
 * * * 
 
 The prosecution rested. (Provided' the prosecution has offered 
 evidence. ) 
 
 The defense began. 
 
 205 
 
 Var. The accused did not desire to offer any evidence in his defense or to 
 make a statement (see variations, p. 395). 
 
 A witness for the defense entered and was duly sworn. 
 Examined by the recorder : 
 
 143 
 
 1. Q. State your name and rank. 
 
 A. M- - G. R- -, lieutenant, U. S. Navy. 
 
 2. Q. As whom do you recognize the accused? 
 
 A. As J - Z. S , seaman, U. S. Navy. 
 
 Examined by the accused (counsel) : 
 
 142 
 
394 PROCEDURE FOR COURTS AXD BOARDS. 
 
 3. Q. * * * 
 A. * * * 
 
 (See further steps in examination of witness for defence under gen- 
 eral court-martial, p. 355.) 
 
 141 
 
 Var. In case of contempt. The law is not construed as extending the au- 
 thority to punish for contempt to a summary court-martial or deck court (see 
 art. 42, A. G. N., and act of Feb. -16, 1909, quoted thereunder). In case of con- 
 tempt, therefore, the court shall report the facts to the convening authority for 
 such further action as the latter may deem appropriate. 
 
 170 to 172 
 
 * * * 
 
 The accused was, at his own request, duly sworn as a witness in 
 his own behalf. 
 
 138 
 
 Examined by the recorder:. 
 
 1. Q. Are you the accused in this case? 
 A. * * * 
 
 Examined by the accused (counsel) : 
 
 2. Q. State the facts concerning the offense with which you are 
 charged. 
 
 A-* * * 
 
 3. Q. * * * 
 
 A * * * 
 
 161 
 
 The defense rested. (Provided the defense has offered evidence.) 
 
 205 
 The rebuttal oegan. (In case there is a rebuttal.) 
 
 206 
 
 A witness for the prosecution in rebuttal entered and was duly 
 sworn. 
 
 Examined by the recorder: 
 
 1. Q. State your name, rate, and present station. 
 A. J R. G , seaman, U. S. Navy. 
 
 2. Q. As whom do you recognize the accused? 
 
 A. * * * 
 
 * * * 
 
 The rebuttal ended. 
 
PROCEDURE FOR COURTS AND BOARDS. 
 
 The surrebuttal began. (In case there is a surrebuttal.) 
 
 207 
 
 Lieutenant M - G. K , U. S. Navy, a witness for the 
 
 defense, was recalled as a witness for the defense in surrebuttal, and 
 warned that the oath previously taken by him was still binding. 
 
 Examined by the accused (counsel) : 
 
 1 O * * * 
 
 A * * * 
 
 
 The surebuttal ended. 
 
 The accused did not desire to make a statement. 
 
 438; 311 
 
 Var. 1. The accused (counsel) made an oral statement (argument) as 
 follows : 
 
 313 to 315 
 
 Var. 2. The accused made an oral statement, the substance of which is 
 
 ^iliJiuj* 
 
 appended, marked " Exhibit No. ." 
 
 316 
 
 Var. S. . The court was cleared. The court was opened, and the 
 
 senior member announced that the court considered the statement of the 
 accused to be inconsistent with his plea of " Guilty." The conflicting plea 
 and statement were brought to the attention of the accused. 
 
 The accused adhered to the facts set forth in his statement. 
 
 The court directed the recorder to proceed with the trial as if the plea of 
 not guilty had been entered. 
 
 310; 312 
 
 The trial was finished. gg ; a ( j& 
 
 The court was cleared. 
 
 The recorder was recalled and directed to record the following 
 finding (s) : 
 
 "The specification proved." 
 
 Var. 1. " The first specification proved." 
 
 Var. 2. " proved by plea." 
 
 Var. 3. " - not proved, and the court does, therefore, acquit him, the 
 said J Z. S , seaman, United States Navy, of the offense specified." 
 
 Var. J h " - proved in part; proved except the words ,' which 
 
 words are not proved (and for the excepted words the court substitutes the 
 words ' .' which words are proved)." 
 
 439; 318 to 325 
 
 The recorder stated that he had (no) record of previous convic- 
 tions, and that the pay of the accused is $ a month. . 
 
 440; 326 
 
 26450 17 26 
 
396 PROCEDURE FOR COURT* A$ffi "HOARDS. 
 
 (In case there is any record of previous convictions) : 
 
 The court was opened, and alj,-.garties to the trial entered. The 
 
 senior member announced that the court was ready to receive any 
 
 record of previous conviction^. - 
 
 Such record having been submitted to the accused and there being 
 
 no objection, the recorder read from the current service record of the 
 
 accused an extract showing previous conviction(s), copy appended, 
 
 marked " Exhibit No. ." 
 
 Far. See variation under general court-martial, p. 360. 
 
 326 to 334 
 .tf!9m'*j. nil 
 
 The court was cleared. 
 
 The recorder was recalled and directed to record the sentence of 
 the court as follows: 
 
 "The court, therefore, sentences him, J Z. S , sea- 
 man, U. S. Navy, to solitary confinement on bread and water for 
 eight (8) days, with full ration every third (3d) day, and to lose 
 pay amounting to thirty (30) dollars." 
 
 A- - R. K- , 
 
 -:?f nr/oo ^ieutenant^ U. 8. %<&& Senior Member. 
 
 J M. D , 
 
 ".vjfh.ro M Lieutenant, U. S. Navy, Member. 
 G B. W -, 
 
 lo jwlq erf* li BB'^M&M^&^I ILS ' M wine Corps, Member. 
 
 J H. ix , 
 
 Qfp .c\$nsign, U. S. Navy. Recorder. 
 
 \x I O , UJLO Y ' "' 
 
 441 to 452; 336; 354 to 
 
 In consideration of his previous good record (or whatever the 
 reason may be upon which the recommendation is based) , we recom- 
 mend , , U. S. Navy, to the clemency of the re- 
 viewing authority. 
 
 T -\r Y) 
 
 Lieutenant, U. ^y, Member. 
 
 First Lieutenant, U. S. Marine Corps, Member. 
 453;, 
 
 The court was opened and proceeded with the trial of' -3iU 
 
 r U* S. - . 
 
 8S8 ; 
 
PROCEDURE FOR COURTS AND BOARDS. 
 
 Var. 1. The court then adjourned to await orders from the convening au- 
 thority. 
 
 Var. 2. adjourned to meet . 
 
 -p -rr- 
 
 Xi. IV , 
 
 Lieutenant, U. S. Navy, Senior Member. 
 j jj^ j^ 
 
 Ensign, U. 8. Navy, Recorder. 
 
 454; 365 
 
 
 
 From an examination of J- 
 
 U. S. S. WYOMING, 
 Hampton Roads, Va., July , 19 . 
 Z. S. , seaman, U. S. Navy, 
 
 and of the place where he is to be confined, I am of the opinion that 
 the execution of the above sentence would (not) produce serious in- 
 jury to his health. 
 
 Surgeon, U. S. Navy, Senior Medical Officer on Board. 
 454; 364 
 
 
 
 ACTION OF CONVENING AUTHORITY ON THE RECORD. 
 
 U. S. S. WYOMING, 
 Hampton Roads, Va., July , 19 . 
 The proceedings, finding (s), and sentence in the foregoing case 
 
 of J Z. S , seaman, U.- S. Navy, are approved. 
 
 D B. W , 
 
 Captain, U. S. Navy, Commanding U. S. S. Wyoming 
 
 (and Senior Officer Present). 
 
 Commanding 
 
 
 Colonel, U. S. Marine Corps, 
 - Regiment, U. S. Marine Corps 
 (and Senior Officer Present). 
 
 458; 459 
 
 seaman, U. S. Navy, 
 months. During 
 
 Var. 1. The service record of J Z. S 
 
 shows that he has served in the Navy years and 
 
 his current enlistment, beginning March , 19 , he has committed the fol- 
 lowing offenses : March , 19 , forty-eight hours over liberty ; May , 19 , 
 clothes in lucky bag ; June 18, 19 , absent from quarters ; July , 19 , shirk- 
 ing. (During his current enlistment, beginning - , he has committed no 
 offense prior to the one for which he has been tried in this case. ) 
 
 The proceedings, finding (s), and in view of the above, the sentence in the 
 foregoing case are approved (or as the case may be). 
 
398 PROCEDURE FOR COURTS AND BOARDS. 
 
 Var. 2. The proceedings, finding (s), and sentence in the foregoing case 
 of - - are approved. That part of the sentence which involves a 
 
 bad conduct discharge is remitted on condition that during a 
 
 period of six months (if three months' loss of pay has been adjudged) conducts 
 himself in such a manner as in the opinion of his commanding officer warrants 
 his further retention in the service; otherwise he is to be discharged with a 
 bad-conduct discharge at the discretion of his commanding officer at any time 
 during said period. The loss of pay adjudged is remitted subject to the con- 
 ditions specified in article 1-4893, Naval Instructions, 1913. 
 
 Var. 3. The proceedings, finding (s), and sentence in the foregoing case 
 
 of J - Z. S , seaman, U. S. Navy, are approved, but the period of 
 
 confinement is reduced to days. ( but in view of the recom- 
 mendation to clemency, the loss of pay is reduced to dollars.) ( 
 but in view of the opinion of the medical officer, recorded above, the solitary 
 confinement is remitted and the accused will be released from confinement and 
 restored to duty.) ( - but the loss of pay is remitted.) 
 
 Var. 4. The proceedings and finding (s) in the foregoing case of J Z. 
 
 S , seaman, U. S. Navy, are approved. The sentence is disapproved (state 
 
 reason). The accused will be released from confinement and restored to duty. 
 
 Var. 5. The proceedings, finding (s), and sentence in the foregoing case 
 of , , U. S. Navy, are disapproved (state reasons). 
 
 Var. 6. The proceedings, finding (s), and acquittal in the foregoing case 
 
 of , , TJ. S. Navy, are approved. He will be released from 
 
 confinement and restored to duty. 
 
 Var. 7. The proceedings in the foregoing case of , , 
 
 U. S. Navy, are approved. The finding (s) and acquittal are disapproved. He 
 will be released from confinement and restored to duty. 
 
 ro.guiu* t0462 
 
 Revision of Record. //, in the opinion of the convening authority, it is neces- 
 sary to return the record to the court for revision, he shall take such action 
 prior to his final action thereon. See form under general courts-martial, 
 pp. 363-365. 
 
 456 to 457 
 
 ACTION OF THE REVIEWING AUTHORITY". 
 
 (When convening authority is not senior officer present.) 
 
 459 
 
 U. S. S. WYOMING, 
 Hampton Roads, Va., July , 19 . 
 The proceedings, finding (s), and sentence in the foregoing case 
 of , seaman, U. S. Navy, are approved. 
 
 Var. 1. The proceedings, finding (s), and sentence, as mitigated, in the fore- 
 going case of , , , are approved. 
 
 Var. 2. The proceedings and finding (s) in the foregoing case of , 
 
 , , are approved. The sentence is disapproved (for the reason 
 
 that ). (The sentence is approved, but the loss of pay is remitted.) 
 
PROCEDURE FOR COURTS AND BOARDS. 399 
 
 (The sentence is approved, but the period of confinement is reduced to - 
 days) (or as the case may be.) 
 
 Captain, U. S. Navy, Commanding U. S. S. , 
 
 Immediate Superior in Command. 
 
 3 
 
 Rear Admiral, U. 8. Navy, 
 Commander Battleship Division , Z7. S. Atlantic Fleet, 
 
 Immediate Superior in Command. 
 
 Brigadier General, U. S. Marine Corps, 
 Commanding Brigade, U. S. Marine Corps, 
 
 Immediate Superior in Command. 
 
 459 to 462 
 
 Published. 
 
 Commander, U. S. Navy, .Executive Officer. 
 Loss of pay, $ - checked. 
 
 Paymaster, U. S. Navy. 
 
 Var. Loss of pay, $- , will be deducted in accordance with article 4893, 
 
 U. S. Naval Instructions, 1913. 
 
 464 
 

 
III. 
 DECK COURTS. 
 
 (Chapter XII Part I.) 
 
 401 
 
.Ill 
 
 .1 j-i<; : 
 
DECK COTJETS. 
 
 EECOKD OF DECK COUET NO. -- . 
 
 (New series each calendar year.) 
 C - , A - B, seaman, U. S. Navy. 
 
 (Name of accused, surname first.) 
 
 Lieutenant D - E. F - , U. S. Navy, is hereby ordered as 
 a deck court to try the above-named man for the following offense : 
 
 Var. In case the commanding officer is the deck court: Trial of the above- 
 named man for the following offense: 
 
 468 to 469 
 
 Specification: In that A - B. C - , seaman, U. S. Navy, 
 having been granted liberty on March 25, 1917, until 10 a. m., March 
 26, 1917, did, upon the expiration of said liberty, fail to return to 
 his ship and did remain absent from his station and duty without 
 leave until 10 p. m., March 26, 1917. 
 
 
 
 470 to 471 
 
 fr 
 
 R - A. V - , yeoman second class, U. S. Navy, will act as 
 recorder. 
 
 474 
 
 ~ 
 
 Commander, U. S, Navy, Comdg, 
 467 
 
 I consent to trial by deck court as above. 
 
 'Seaman, U. S. Navy. 
 476 
 
 Date of present enlistment, - . Pay per month, $ -- . 
 Record of previous convictions : Oct. 16, 1916, disorderly conduct, 
 S. c. m., sentence: S. c., b. w., 5 d.; 1. p. $12. App'd. by con. auth. 
 
 403 
 
404 PROCEDURE FOR COURTS AND BOARDS. 
 
 Oct. 18, 1916; by Im. sup. in com. Oct. 19, 1916. (Or, app'd. by con. 
 auth. and S. O. P. Oct. 18, 1916.) 
 
 Var. None. 
 
 483; 327 to 330 
 Witnesses: (When record of previous convictions is objected to.) 
 
 332 
 
 U. S. S. - , March 28, 19l7 Mr> /n , h , - TO (TJ] 
 ( 472; 473; 475; 478 
 
 The accused was arraigned and pleaded as follows: Not guilty 
 \ guilty ) . 
 
 481 
 
 The following witnesses appeared for the prosecution : 
 The following witnesses appeared for the defense: 
 
 479; 481 
 
 In case of contempt. See variation under summary court-martial, p. 394. 
 Finding: "The specification proved (proved by plea)." 
 
 Far. "The specification not proved and the court acquits the said - 
 
 of the offense specified." 
 
 toil&te am * flo , OQ DID bfLfi qina 
 
 Sentence: To lose pay amounting to sixteen dollars and thirty 
 cents ($16.30). 
 
 Previous convictions considered (if any have leen considered in 
 adjudging sentence.) 
 
 483 to 485 
 
 m 
 
 '* .^ ,t&\ fsfartf"^ ^ & ^^ ^^ ^o^- 
 
 (TFA^re convening authority does not act at deck court.) 
 
 469 
 
 - Iri .9Tod ft .1 ^b vd Ii< : )Bnoo I 
 
 >r A^TI sentence wvolves solitary confinement on dwiinished rations, 
 
 or on bread and water, for more than 10 days. Having examined 
 accused and place of his confinement, I am of opinion that execu- 
 tion of sentence would (not) produce serious injury to his health. 
 
 ! . J r >( ) : ' 
 
 .dim Surffeon, U.S. Navy. 
 
 490; 364 
 
PROCEDURE FOR COURTS AND BOARDS. 405 
 
 The sentence is approved and the accused informed this day (date 
 inserted here unless same as previously recorded). (That portion 
 of the sentence involving loss of pay is remitted subject to the con- 
 ditions specified in art. 4893, Naval Instructions.) 
 
 J J. K , 
 
 Commander, U. S. Navy, Comdg. 
 
 486 to 487 
 
 Var. Where convening authority acts as deck court. The accused informed 
 this day (date inserted here unless same as previously recorded). (That por- 
 tion of the sentence involving loss of pay is remitted subject to the conditions 
 specified in art. 4893, Naval Instructions.) 
 
 Lieutenant, U. S. Navy, Comdg., 
 
 The only officer of the required rank attached to the vessel 
 (command). 
 
 ? 
 
 Ensign, U. S. Navy, Comdg., 
 The only officer attached to- the vessel (command). 
 
 Lieutenant (j. g.), U. S. Navy, Comdg., 
 
 The only officer attached to the vessel (command) authorized to 
 act as deck court officer. 
 
 469; 486 to 487 
 
 Loss of pay, $ checked. 
 
 Var. Loss of pay, $ , will be deducted In article 4898, Naval Instruc- 
 tions. 
 
 491; 464 
 

 
 Ij \ 
 
 . 
 
 
 
 - 
 
 KK| 
 
 in.i 
 
 
 
 
 
 
 
 , 
 
 
 ; 
 
IV. 
 COURTS OF INQUIRY. 
 
 (Chapter XIII Part I.) 
 
 407 
 

 ^I 10 8THUOO 
 
 .1 tofi'I Illy 
 

 COURTS OF INQUIRY. 
 
 RECORD OF PROCEEDINGS 
 
 OF A 
 
 COURT OF INQUIRY 
 
 CONVENED AT 
 I 
 
 THE NAVY YARD, NEW YORK, 
 
 . 
 
 BY ORDER OF 
 
 THE SECRETARY OF THE NAVY. 
 
 ' 
 Var. Convened on board the U. S. S. - , by order of the commander in 
 
 chief, U. S. Atlantic Fleet (commander, cruiser force, U. S. Atlantic Fleet). 
 
 498 
 
 ' 
 
 TO INQUIRE INTO - . 
 
 494 to 497 
 AUGUST 15, 19 . 
 
 82 to 92; 541 to 542 
 
 Precept : See forms, pp. 417-420. 
 
 80c 539 
 
 FIRST DAY. 
 
 NAVY YARD, NEW YORK, 
 
 Var.U. S. S. , OFF , 
 
 Friday, August 15, 19. 
 The court met at 10 a. m. 
 
 516 
 
 Present : 
 
 Captain A- - B. C - , U. S. Navy, 
 
 Commander D - E. F , U. S. Navy, and 
 
 409 
 
410 PROCEDURE FOR COURTS AND BOARDS. 
 
 Commander G H. K , U. S. Navy, members ; and 
 Lieutenant L - N , U. S. Navy, judge advocate. 
 
 499 to 501 
 
 Var. Absent: Commander G H. K , U. S. Navy, member. The 
 
 judge advocate read a medical certificate, appended, marked " ," account- 
 ing for the absence of Commander K (was unable to account for his 
 
 absence, or as the case may be). 
 
 The court addressed a letter to the convening authority, copy appended, 
 
 marked " ," and then, at a. m., took a recess until p. m. (or, the 
 
 court then, at a. m., adjourned until a. m., to-morrow, Saturday, to await 
 the arrival of the absent member). 
 
 501 
 
 The judge advocate introduced F E. D as stenog- 
 rapher (clerk), stating the authority whereby he was appointed as 
 such. 
 
 514 
 
 The court was closed and the judge advocate read the precept 
 
 (and modifications thereof) original (s) prefixed, marked " " 
 
 ( an d ). 
 
 518; 520 
 
 All matters preliminary to the inquiry having been determined, and 
 the court having decided to sit with open doors, the court was opened. 
 
 Var. the court announced that, in obedience to orders of the con- 
 vening authority, it would sit with closed doors. (The court decided to sit 
 with closed doors.) 
 
 519 
 
 Commander C P. Q , U. S. Navy, commanding the 
 
 U. S. S. , a defendant, entered, and, with the permission of 
 
 the court, introduced Lieutenant R S. T , U. S. Navy, 
 
 as his counsel. 
 
 507 to 508 
 
 Var. 1. Commander L^ M , U. S. Navy, Lieutenant N 
 
 O , U. S. Navy, and Ensign P - Q , U. S. Navy, entered as 
 interested parties. 
 
 Var. 2. The court received from , an interested party, a 
 
 communication, which was read and appended, marked " ," stating that 
 
 he was unable to be present, owing to . (Give reason; if illness, a 
 
 medical certificate must be presented, read, and appended. This communication 
 may be made personally by any competent person.) 
 
 The court then, at p. m., adjourned until a. m. to-morrow, Saturday. 
 
PROCEDURE FOR COUNTS AND BOARDS. 411 
 
 Var. 8. , an interested party, entered and stated that lie did 
 
 not wish counsel (that he waived his right to be present at the inquiry, and 
 thereupon withdrew). 
 
 Var. 4. , an interested party, entered and asked permission to 
 
 introduce Lieutenant U V. W , U. S. Navy, as counsel. At the 
 
 request of a member (the judge advocate), the court was cleared. The court 
 
 was opened. entered and was informed that, while he was at 
 
 liberty to designate some other person, his request to have Lieutenant U 
 
 V. W , U. S. Navy, act as his counsel was not approved for the reason 
 that ((/ive reason). 
 
 Var. 5. The complainant, Captain X - Y. Z , U. S. Navy, entered. 
 
 With the permission of the court, the complainant introduced Major B C. 
 
 D , U. S. Marine Corps, as his counsel. 
 
 506 to 510 
 The judge advocate read the precept. 
 
 521 
 
 The defendant (interested party) (and the complainant ) stated 
 that he (they) did not object to any member. 
 
 1)1 case of challenge. See procedure under general court-martial, p. 345. 
 
 502; 523 
 
 Each member, the judge advocate, and the stenographer (clerk) 
 (interpreter) were duly sworn. 
 
 528 to 532 
 
 // postponement be requested. The defendant (interested party) (com- 
 plainant) (judge advocate) applied for a postponement of the inquiry on the 
 ground (give reasons). The court was cleared. The court was opened, and the 
 president announced that the inquiry would be postponed until - - (that the 
 inquiry would proceed) ( - that it would await the action of the conven- 
 ing authority, who was informed, that the defendant (or as the case may be) 
 desired a postponement of the inquiry 'until for the reason (give reason). 
 
 517 
 
 No witnesses not otherwise connected with the inquiry were 
 present. 
 
 Var. 1. In accordance with the direction of the court, all witnesses not 
 otherwise connected with the inquiry withdrew. 
 
 Var. 2. The court then, at - - a. m., took a recess until p. m., when it 
 
 reconvened on board the U. S. S. . Present : All the members and. the 
 
 parties to the inquiry. 
 
 All the (surviving) officers and men of the U. S. S. - were mustered on 
 the quarter deck of that vessel. The president explained the purpose of the 
 court and the rights of all persons concerned, and duly administered to them 
 
 the oath of witnesses (except to - - and , who were absent from the 
 
 vessel. ((Jive reason.)) 
 
 26450 17 27 
 
412 PROCEDURE FOR COURTS AND BOARDS. 
 
 The official report of Commander L M , U. S. Navy, containing 
 
 the narrative of the grounding (loss) of the U. S. S. on August , 
 
 19 , was then read by the judge advocate, original hereto appended, marked 
 
 The following questions were then put to the commanding officer by the 
 court : 
 
 Q. Is the narrative just read to the court a true statement of the grounding 
 (loss) of the U. S. S. , on August , 19? 
 
 A. * * * 
 
 Q. Have you any complaint to make against any of the officers or men of 
 that vessel on that occasion? 
 
 A. * * * 
 
 The following questions were then put by the court to the (surviving) officers 
 
 and crew of the U. S. S. , and they were instructed by the president that 
 
 if they had anything to say in answer to the questions propounded, they should 
 step to the front. 
 
 Q. Have you any objection to make to the narrative just read, or anything 
 to lay to the charge of any officer or man concerning the grounding (loss) of 
 the U. S. S. , on August , 19 ? 
 
 A. The officers and men answered "No," and no one stepped to the front 
 (or as the case may be). 
 
 All the officers and such of the crew as filled positions of special responsi- 
 bility on the occasion referred to were informed by the president of their 
 status as interested parties and of their right to be present during the sessions 
 of the court, to offer evidence, and to cross-examine witnesses, should they 
 so desire. 
 
 The court then, at a. m., took a recess until p. in., at which time it 
 reconvened at the navy yard, New York (or, as the case may be). 
 
 Present : All the members and the parties to the inquiry. 
 
 554 to 555 
 
 Lieutenant C B. A , U. S. Navy, a witness called by 
 
 the judge advocate, entered and was duly sworn. 
 
 530 
 
 Examined bv the judge advocate : 
 
 1. Q. * * r * 
 ^ * * * 
 
 Examined by the complainant (if there be one) : 
 
 20. Q. * * * 
 
 A. * * * 
 
 Cross-examined by , defendant (interested party) (counsel) : 
 
 506 to 508 
 
 25. Q. * * * 
 A. * * * 
 
PROCEDURE FOR COURTS AND BOARDS. 413 
 
 Reexamined by the judge advocate: 
 40. Q. * * * 
 A. * * * 
 
 Examined by the court : 
 52. Q. * * * 
 A. * * * 
 
 None of the parties to the inquiry desired further to examine this 
 witness; he verified his testimony (was duly warned) and withdrew. 
 
 
 154; 175 to 177 
 
 The court then, at -- p. m., adjourned until --a. m., to-morrow 
 (Saturday). 
 
 SECOND DAY. 
 
 NAVY YARD, NEW YORK, 
 Saturday, August 16, 19 . 
 
 The court met at 10 a. m. 
 
 Present: All the members and the parties to the inquiry (ex- 
 cept- -). 
 
 The record of proceedings of yesterday (the first day of the in- 
 quiry) was read and approved. 
 
 Lieutenant F - E. B -- , IT. S. Navy, a witness called by 
 the judge advocate, entered and was duly sworn. 
 
 Examined by the judge advocate : 
 
 1. Q. * * * 
 
 None of the parties to the inquiry desired further to examine this 
 witness; he verified his testimony and withdrew. 
 
 Far. 1. The (surviving) officers and men of the U. S. S. - , who were 
 absent yesterday, were called before the court. The purpose of the court and 
 their rights were explained to them and they were duly sworn. The same 
 questions were asked them as had been propounded to the other members of 
 the crew and the same instructions were given ; no one had anything to urge 
 (or, as the case may be). 
 
 All the officers and such of the crew as filled positions of special responsi- 
 bility were informed of their status as interested parties and of their right 
 to be present during the sessions of the court, to offer evidence, and to cross- 
 examine witnesses if they so desire. 
 
 Far. 2. Lieutenant G -- H. R , U. S. Navy, who hud been directed 
 to work up the dead reckoning of the U. S. S. - , was called as a witness 
 and duly sworn. 
 
 552 
 
 
 Far. 3. The court was cleared. The court was opened. All parties to the 
 inquiry entered, and the president announced that the court would adjourn to 
 the scene of the accident (explosion) (fire) (or as the case may be). 
 
 All the members and the parties to the inquiry assembled (at such place as 
 the casualty occurred), and made an inspection of - . 
 
414 PEOCEDUBE FOR COURTS AND BOAEDS. 
 
 P ,1. W , chief turret captain, U. S. Navy, was called as a witness 
 
 by the judge advocate, and duly sworn. 
 Examined by the judge advocate : etc. 
 
 All the members and the parties to the inquiry returned to - , where 
 the court was reassembled. 
 
 516 
 
 The judge advocate stated that he had no more witnesses to call. 
 
 Ensign G F. E , U. S. Navy, a witness called by 
 
 , defendant (interested party), entered and was duly sworn. 
 
 513 
 
 Examined by - , defendant (interested party). 
 1. Q. * * '* 
 A. * * * 
 
 Cross-examined by the judge advocate: 
 
 8c\ * * * 
 . i^. 
 
 A. * * * 
 
 Cross-examined by the complainant : 
 
 12. Q. * * * 
 
 j^_ * * * 
 
 Examined by the court : 
 
 16. Q. * * * 
 ^ * * * 
 
 None of the parties to the inquiry desired further to examine this 
 witness ; he verified his testimony and withdrew. 
 
 * * * 
 
 Var. 1. At this stage of the proceedings it appeared to the court that Lieu- 
 tenant R S , U. S. Navy, was an interested party. He was, accord- 
 ingly, called before the court and advised to that effect, and of the testimony 
 that seemed to implicate him. He stated that he did not object to any member 
 of the court and was informed of his right to be present, to have counsel, to offer 
 evidence, and to cross-examine witnesses if he so desired. 
 
 511 ,(r FIA 
 
 Var. 2. At this stage of the proceedings it appeared to the court that , 
 
 an interested party, became a defendant, and he was accordingly informed of 
 this change in status, 
 
 507 
 
 The court then, at a. m., took a recess until p. m., at which 
 time it reassembled. 
 
 361 
 
 
 
 . 
 . 
 
PROCEDURE FOR COURTS AND BOARDS. 415 
 
 Present: All the members and parties to the inquiry. 
 
 Commander . I". S. Navy, a defendant, requested that he be 
 
 sworn as a witness. His request was granted and he was duly sworn, 
 having been informed by the president that his examination would 
 be governed by the same rules as govern the examination of an 
 accused who takes the stand at his own request in a trial by court- 
 martial. 
 
 Examined by defendant (counsel). 
 
 - 
 
 # * * * * * * 
 
 Cross-examined by the judge advocate : 
 
 Cross-examined by the complainant (counsel) : 
 
 * ****** 
 
 Examined by the court: 
 
 Var. Commander , an interested party, requested (was called upon) 
 
 to take the stand. He was duly sworn, and informed by the president of his 
 right to decline to answer any questions which may tend to incriminate him- 
 self. 
 
 Examined by , interested party (or by judge advocate or court, de- 
 pending upon whose instance witness was called) : 
 
 ******* 
 
 
 
 512 
 
 None of the parties to the inquiry desired further to examine this 
 witness; he verified his testimony and resumed his seat as defendant 
 (interested party). 
 
 Neither the court, the judge advocate, nor any party to the inquiry 
 desired to call any more witnesses. 
 
 Commander L - M - and Lieutenant R S , 
 
 U. S. Navy, each submitted a written statement, which statements 
 were read and are appended, marked " - " and " - ." 
 
 512 
 
 Var. Counsel for , an interested party, made the following oral 
 
 argument: . 
 
 The judge advocate then read a written argument, hereto ap- 
 pended, marked " ." 
 
 . 
 Var. The judge advocate made the following oral argument : 
 
 526 
 
 The inquiry was finished, all parties thereto withdrawing. 
 The court, having thoroughly inquired into all the facts and cir- 
 cumstances connected with the allegations contained in the precept 
 
 
416 PROCEDURE FOR COURTS AND BOARDS. 
 
 (loss or grounding of the IT. S. 8. ) (death of ) (colli- 
 sion between the II. S. S. and the Old Dominion Line S. S. 
 
 ) (fire or accident or explosion on board the IT. S. S. ), 
 
 and having considered the evidence adduced, finds as follows : 
 
 527 
 
 FACTS. 
 
 (Here state the facts found established, and, where applicable, 
 which allegations of a complaint are sustained and which are not 
 sustained.) 
 
 534; 536 
 
 OPINION. 
 
 (Here state opinion as required. If further proceedings are recom- 
 mended against any person, state what proceedings and grounds 
 therefor.) 
 
 533; 535; 536 
 
 
 MINORITY REPORT. 
 
 (Here insert minority report if there be one.) * 
 
 537 
 
 The record of proceedings of this second day of the inquiry was 
 read and approved, the court being closed during the reading of so 
 much thereof as pertains to the proceedings in closed court, and the 
 court having finished the inquiry, then at , adjourned to await the 
 action of the convening authority. 
 
 5 
 
 Captain, U. ,S. Navy, President. 
 
 Lieutenant, U. S. Navy, Judge Advocate. 
 
 540 
 
 In case of revision: 543. 
 
 NAVY DEPARTMENT, 
 Washington, August , 19 . 
 
 The findings, opinion, and recommendation of the court of inquiry 
 in the foregoing case are approved (disapproved). 
 
 Secretary of the Navy, 
 j i y 
 
 Tar. The findings and recommendation of the court of inquiry in the fore- 
 going case are approved. The department does not, however, deem it advisable 
 to bring to trial by general court-martial, as recommended by the 
 
PROCEDURE FOR COURTS AND BOARDS. 417 
 
 court, but will address a letter to him admonishing him as to his conduct in the 
 matter (or as the case may be). 
 
 544 
 
 PRECEPT FOR COURT OF INQUIRY. 
 ( To inquire into a report of misconduct. ) 
 
 494. 
 
 NAVY DEPARTMENT, 
 Washington, August , 19 . 
 
 To: Captain A B , U. S. Navy, navy yard, , - , via 
 
 commandant. 
 
 Subject: Court of inquiry to inquire into alleged misconduct by Lieutenant 
 X Y. Z , U. S. Navy. 
 
 1. A court of inquiry, consisting of yourself as president, and of Commander 
 
 D - E. F , U. S. Navy, and Lieutenant Commander G H. 
 
 I , U. S. Navy, as additional members, and of Lieutenant J K. 
 
 L , U. S. Navy, as judge advocate, is hereby ordered to convene at the 
 
 navy yard, , , at 10 o'clock a. m. on Monday, August , 19 , or 
 
 as soon thereafter as practicable, for the purpose of inquiring into certain com- 
 plaints made by Commander R - S , U. S. Navy, alleging misconduct 
 on the part of Lieutenant X Y. Z , U. S. Navy, in the following- 
 particulars: (Here state clearly and concisely the allegations to be inquired 
 into.) 
 
 2. It is directed that the court notify Commander R S of the 
 
 time and place of meeting of the court and that he will be a party to the inquiry 
 in the status of complainant and will be afforded the rights of such party in 
 accordance with the provisions of Naval Courts and Boards. 
 
 3. It is directed that the court notify Lieutenant X Y. Z of the 
 
 time and place of meeting and that he will be a party to the inquiry in the 
 status of defendant and will be afforded the rights of such party in accordance 
 with the provisions of Naval Courts and Boards. 
 
 4. The court will thoroughly inquire into the matter hereby submitted to it 
 and will include in its findings a full statement of the facts it may deem to be 
 established, together with its opinion as to whether further proceedings should 
 be had in the matter. If further proceedings are recommended the court will 
 comply with the provisions of section 533, Naval Courts and Boards. 
 
 5. The commandant of the navy yard, - , - , is hereby directed to 
 furnish the necessary clerical assistance for the purpose of assisting the judge 
 advocate in recording the proceedings of this court of inquiry. 
 
 Secretary of the Navy. 
 503. 
 
 PRECEPT FOR A COURT OF INQUIRY. 
 
 (To inquire into the circumstances attending a death.) 
 496. 
 
418 PROCEDURE FOR COURTS AND BOARDS. 
 
 N.\VY I M.l'AKTMKXT, 
 
 Aiif/uxt , 19 . 
 
 To: Captain A - B - , U. S. Navy, mivy yard, - , - , via com- 
 
 mandant. 
 Subject: Court of inquiry to inquire into the circumstances attending the Death 
 
 of , late fireman first class, U. S. Navy. 
 
 1. A court of inquiry, consisting of yourself as president, and of Commander 
 1) - E. F , U. S. Navy, and Lieutenant Commander G - H. 
 I - , U. S. Navy, as additional members, and of Lieutenant J - K. 
 L - , U. S. Navy, as judge advocate, is hereby ordered to convene at the 
 navy yard, , , at 10 o'clock a. m. on Monday, August , 19 , or 
 as soon thereafter as practicable, for the purpose of inquiring into the circum- 
 stances attending the death of Mr - - N. O - - , late fireman first class, 
 U. S. Navy, attached to the U. S. S. - . 
 
 2. The court will make a thorough investigation into all the circumstances 
 connected with the death of the above-named man ; and, in the conduct of same 
 nnd report thereon, will be governed by the instructions contained in section 
 496 Naval Courts and Boards. 
 
 3. The court will include in its findings a full statement of the facts it may 
 deem to be established, together with its opinion as to whether further pro- 
 ceedings should be had in the matter. If further proceedings are recommended, 
 the court will comply willi the provisions of section 533 Naval Courts and 
 Boards. 
 
 4. The attention of the court is particularly invited to section 511 Naval 
 Courts and Boards. 
 
 5. The commandant of the navy yard, - , -- , is hereby directed to 
 furnish the necessary clerical assistance for the purpose of assisting the judge 
 advocate in recording the proceedings of this court of inquiry. 
 
 Secretary of the Navy. 
 
 503. 
 
 PRECEPT FOR COURT OF INQUIRY. 
 
 (To inquire into the condition of a vessel.) 
 
 497. 
 
 ~ ^ ~ ^ 
 
 m r, -I i~* -n __ ._,. _ 
 
 To: Commander C R , U. S. Navy, navy yard, , , via 
 
 commandant. 
 Subject : Court of inquiry to inquire into the condition of the U. S. S. . 
 
 1. A court of inquiry, consisting of yourself as president, of Naval Con- 
 structor , U. S. Navy, and Lieutenant , U. S. Navy, as additional 
 
 members, and of Lieutenant , U. S. Navy, as judge advocate, is hereby 
 
 ordered to convene at the navy yard, , , at 10 o'clock a. m. on 
 
 Monday, August , 19 , or as soon thereafter as practicable, for the purpose 
 of inquiring into unsatisfactory conditions reported to exist on board the 
 
 U. S. S. in the following respects: (Here state clearly and concisely the 
 
 respects in which conditions are alleged to be unsatisfactory and are to be 
 investigated.) 
 
 2. The court will make a thorough inquiry into the conditions as set forth 
 above and the responsibility therefor. 
 
PROCEDURE FOR COURTS AND BOARDS. 419 
 
 3. It is directed that the court notify Commander . r. S. Navy, and 
 
 Lieutenant , U. S. Navy, of the time and place of meeting of the court 
 
 and that they will be parties to the inquiry in the status of interested parties 
 at the outset, and will be afforded the rights of such parties in accordance 
 with the provisions of Naval Courts and Boards. 
 
 4. The attention of the court is particularly invited to section 511, Naval 
 Courts and Boards. 
 
 5. The court will include in its findings a full statement of the facts it may 
 deem to be established, together with its opinion as to whether further pro- 
 ceedings should be had in the matter. If further proceedings are recommended 
 the court will comply with the provisions of section 533, Naval Courts and 
 Boards. 
 
 6. The commandant of the navy yard, , , is hereby directed to 
 
 furnish the necessary clerical assistance for the purpose of assisting the judge 
 advocate in recording the proceedings of this court of inquiry. 
 
 7. In addition to the original record of proceedings there shall be forwarded 
 a partial copy covering material in accordance with section 541, Naval Courts 
 and Boards. 
 
 Secretary of the Navy. 
 
 PRECEPT FOR COURT OF INQUIRY. 
 (To inquire into the grounding (loss) of a vessel.) 
 
 546 to 555. 
 
 To : Captain , U. S. Navy, U. S. S. - , via commander - - Force, 
 
 U. S. Fleet. 
 
 Subject: Court of inquiry to inquire into the grounding (loss) of the U. S. S. 
 
 1. A court of inquiry consisting of yourself as president, of Captain - , 
 
 U. S. Navy, and Commander , U. S. Navy,- as additional members, and of 
 
 Lieutenant Commander , as judge advocate, is hereby ordered to convene 
 
 on board the U. S. S. , at 10 o'clock a. m. on September , 19 , or as 
 
 soon thereafter as practicable, for the purpose of inquiring into all the circum- 
 stances connected with the grounding (loss) of the U. S. S. near 
 
 on September , 19 . 
 
 2. The court will make a thorough investigation into all the circumstances 
 connected with the aforesaid grounding (loss), the causes thereof, damages to 
 property resulting therefrom, injuries to personnel incidental thereto, and the 
 responsibility therefor. In connection with this inquiry the attention of the 
 court is invited to sections 546 to 555, Naval Courts and Boards. 
 
 3. It is directed that the court notify Commander - , U. S. Navy, and 
 Lieutenant - , U. S. Navy, of the time and place of the meeting of the court 
 and that they will be parties to the inquiry in the status of interested parties 
 at the outset, and will be afforded the rights of such parties in accordance with 
 the provisions of Naval Courts and Boards. 
 
 4. The attention of the court is particularly invited to section 511, Naval 
 Courts and Boards. 
 
 5. The court will include in its findings a full statement of the facts it may 
 deem to be established, together with its opinion as to whether further proceed- 
 ings should be had in the matter. If further proceedings are recommended the 
 court will comply with the provisions of section 533, Naval Courts and Boards. 
 
420 PROCEDURE FOR COL'RTS AND BOARDS. 
 
 6. The commander Force, U. S. Fleet, is hereby directed to 
 
 furnish the necessary clerical assistance to aid the judge advocate in recording 
 the proceedings of this court of inquiry. 
 
 7. In addition to the original record of proceedings there shall be forwarded a 
 partial copy covering material in accordance with section 541, Naval Courts 
 and Boards. 
 
 Secretary of the Navy. 
 503. 
 
V. 
 
 INVESTIGATIONS. BOARDS OF INVESTIGATION. 
 
 (Chapters XIV, XV, XVI Part I.) 
 
 421 
 
 
,oiTAoiT837/n w gajuoa M 
 
 (.1 fiitt IV7. )) 
 
INVESTIGATIONS BOARDS OF INVESTIGATION. 
 
 EECOED OF PEOCEEDINGS 
 
 OF AN 
 
 INVESTIGATION 
 
 CONDUCTED AT 
 
 THE NAVY YAKD, NEW YORK, 
 
 BY ORDER OF 
 
 THE SECRETARY OF THE NAVY 
 568 
 
 TO INQUIRE INTO . 
 
 569 
 
 AUGUST-, 19-. 
 82 to 92; 579 
 
 Precept : See forms, pp. 424-426. 
 
 579; 539 
 
 _ 
 
 FIRST DAY 
 
 (// case covers more than one day.) 
 
 NAVY YARD, NEW YORK, 
 10 a. m., Thursday, August , 19 . 
 
 The investigating officer, Mr. A B (Commander 
 
 G - B. W , U. S. Navy), administered the prescribed oath 
 
 to Mr. C D , the stenographer, who then took his seat as 
 
 such. 
 
 572 
 
 The investigating officer called before him Foreman 
 
 the complainant, and Quarterman - , the defendant, 
 
 and announced that the investigation would be conducted with open 
 doors. 
 
 574 
 
 423 
 
424 PROCEDURE FOR COURTS AND BOARDS. 
 
 The investigating officer then read the order directing him to 
 make the investigation (and the other papers transmitted to him by 
 the department), which is (are) hereto prefixed, marked " 
 (and "- -") 
 
 577; 521 
 
 Foreman and Quarterman - were then 
 
 informed of their rights to be present during the investigation and 
 be represented by counsel. 
 
 575 
 
 i&orry. 
 
 Quarterman desired to be represented by counsel and, with 
 
 the permission of the investigating officer, Mr. O - N. R 
 
 entered as such. 
 
 W B. C was called as a witness and duly sworn. 
 
 573 
 
 (Investigation conducted in the same manner as in a court of 
 inquiry. See form, pp. 412-415.) 
 
 577 
 * * * 
 
 The investigating officer and the parties to the investigation had 
 no further witnesses to call and nothing further to offer. The in- 
 vestigating officer announced that the investigation was closed. 
 
 After full and mature deliberation, the investigating officer finds 
 as follows. (Insert finding.} 
 
 578; 566 to 567 
 
 A T} 
 
 **> ~ ** 
 
 Investigating Officer, 
 , Navy Department. 
 
 y ar Q B. W , 
 
 Commander, V. S. Navy. 
 
 LETTEB TO INVESTIGATING OFFICER. 
 
 NAVY DEPARTMENT, 
 Washington, August , 19 . 
 From : The Secretary of the Navy. 
 
 To : Mr. A - B , Navy Department, Washington. 
 
 Subject : Investigation of charges preferred against A - W. L ^quar- 
 terman in charge of mechanics, navy yard, New York. 
 
 Reference: (a) Letter from W M , foreman of construction and 
 
 repair, navy yard, New York, of 7-12-15. 
 
PROCEDURE FOR COURTS AND BOARDS. 425 
 
 Inclosures: 2. 
 
 1. Under the authority of section 183 of the Revised Statutes, as amended by 
 the act of February 13, 1911, you are hereby detailed to investigate certain 
 charges preferred against A - W. L , quarterman in charge of me- 
 chanics, department of construction and repair, navy yard, New York, which 
 charges are contained in reference (a), and inclosures. 
 
 2. In accordance with the provisions of the statute above-mentioned, you 
 are given authority to administer an oath to any witness attending to testify 
 or depose during the course of the investigation. 
 
 3. You will notify Quarterman L of the nature of the charges against 
 Mm, notify him that he may be present during the examination of witnesses, 
 and give him an opportunity to introduce such witnesses and to make such 
 statement as he may desire. 
 
 4. You will also notify Foreman of these instructions and inform him 
 that if he wishes to be present during the investigation or to suggest the calling 
 of witnesses you will afford him an opportunity to do so. 
 
 5. You will make a careful and thorough examination into all the matters 
 set forth in the papers above mentioned, and upon completion of the in- 
 vestigation you will report to the department the testimony taken and the 
 facts established thereby. 
 
 6. The Commandant of the navy yard, 'New York, is hereby directed to afford 
 you such facilities as may be necessary to the proper conduct of the investiga- 
 tion, and to furnish the necessary clerical assistance. 
 
 570 
 
 "1 SJMY.j 'i.T 
 
 NAVY DEPARTMENT, 
 Washington, August , 19 . 
 From : The Secretary of the Navy. 
 
 To: Commander G - B. W , U. S. Navy, navy yard, New York, via 
 Commandant. 
 
 Subject : Investigation of alleged misconduct of Lieutenant X Y. Z , 
 
 U. S. Navy. 
 Inclosures: 2. 
 
 1. Under the authority of section 183 of the Revised Statutes, as amended by 
 the act of February 13, 1911, you are hereby detailed to investigate the alleged 
 
 misconduct of Lieutenant X Y. Z , U. S. Navy, as set forth in the 
 
 papers inclosed. 
 
 2. In accordance with the provisions of the statute above mentioned, you are 
 given authority to administer an oath to any witness attending to testify or 
 depose during the course of the investigation. 
 
 3. You will notify Lieutenant Z of the nature of the charges against 
 
 him and of his right to be present during the investigation, and you will give 
 him an opportunity to introduce such witnesses and to make such statement 
 as he may desire. 
 
 4. You will make a thorough investigation of the matters set forth in the 
 papers above mentioned, and upon the completion of the investigation you will 
 make a complete report to the department of the facts which you deem to be 
 established, together with specific data as to the times and places of the 
 misconduct, if any. 
 
426 PROCEDURE FOR COURTS AND BOARDS. 
 
 5. The commandant of the navy yard, New York, is hereby directed to afford 
 you such facilities as may be necessary to the proper conduct of the investiga- 
 tion and to furnish the necessary clerical assistance. 
 
 570 
 
 (When circumstances require, an investigating officer may be authorized to 
 employ outside stenographic assistance at the usual market rate, to be agreed 
 upon in writing before any services are rendered. For form of agreement, see 
 p. 370.) 
 
 RECORD OF PROCEEDINGS 
 
 OF A 
 
 BOARD OF INVESTIGATION 
 
 . 
 
 CONVENED AT 
 
 THE NAVY YARD, NEW YORK. 
 Var. On board the U. S. S. , 
 
 BY ORDER OF 
 
 THE COMMANDANT, NAVY YARD AND STATION, 
 NEW YORK. 
 
 Var. 1. The commander in chief, U. S. Atlantic Fleet. 
 
 Var. 2. The commanding officer, U. S. S. - , senior officer present, 
 
 . 
 
 582 
 
 TO INQUIRE INTO 
 
 583 
 
 A -1C* -K\ 
 
 AUGUST 12, 19 . 
 
 
 
 82 to 92; 593 
 Precept : See form, p. 428. 
 
 593; 539 
 
 FIRST DAY. 
 
 (// case covers more than one day.) 
 
 
PROCEDURE FOR COURTS AND BOARDS. 427 
 
 NAVY YARD, NEW YORK, 
 
 Thursday, August 12, 19 . -, 
 
 The board met tit 10 a. m. 
 Present: 
 
 Commander G H , U. S. Navy, senior member; 
 
 Lieutenant I K , U. S. Navy, member ; and 
 
 Lieutenant L M , U. S. Navy, member and recorder. 
 
 
 
 584 
 
 The convening order, hereto prefixed, marked " ," was read, 
 
 and the board determined upon its procedure and decided to sit 
 with open doors. 
 
 588; 574 
 
 Ensign P Q. R was called as a witness : 
 
 586; 587 
 
 (Investigation conducted same as in court of inquiry. See forms, 
 pp. 412-415.) 
 
 K Q1 
 0*71 
 
 * * * 
 
 ' 
 
 There were no further declarations to be introduced nor anything 
 further to be offered by the recorder or any of the parties to the 
 investigation, and the senior member announced that the investiga- 
 tion was closed. 
 
 The board, after maturely deliberating upon the declarations 
 recorded above, finds as follows: (Insert -finding and opinion, if 
 required. See form, p. 416.) 
 
 , wvv to , 
 
 Commander, U. S. Navy, Senior Member. 
 
 I K , 
 
 Lieutenant, U. S. Navy, Member. 
 
 L_ _ M , 
 
 Lieutenant, U. S. Navy, Member and Recorder. 
 
 563 to 565 
 
 26450 17 28 
 
428 PROCEDURE FOR COURTS AND BOARDS. 
 
 ACTION OF CONVENING AUTHORITY. 
 
 U. S. S. WYOMING, 
 
 Navy Yard, New York, August , 19 . 
 
 The proceedings and findings (the proceedings, finding's, and 
 opinion) of the board (investigation) in the foregoing case are 
 approved and respectfully referred to the Secretary of the Navy. 
 
 5 
 
 Captain, U. S. Navy, Commanding, and 
 
 Senior Officer Present Afloat. 
 
 Var. The proceedings and findings (the proceedings, findings, and opinion) 
 of the board (investigation) in the foregoing case are disapproved for the 
 following reasons (give fully), and the papers in the case are respectfully 
 referred to the Secretary of the Navy. 
 
 581; 595; 544 
 
 ORDER CONVENING A BOARD OF INVESTIGATION. 
 
 U. S. S. WYOMING, 
 
 Navy Yard, New York, August , 19 . 
 From : Commanding Officer, senior officer present afloat. 
 
 To: Commander G H , U. S. Navy, U. S. S. Texas, via Command- 
 ing Officer. 
 Subject: Board of investigation in the case of the collision between the 
 
 steamers of the U. S. S. and the U. S. S. that occurred in the 
 
 North River July , 19 . 
 
 1. A board of investigation, consisting of yourself as senior member and of 
 
 Lieutenants I K. L and L M. W , U. S. Navy, as 
 
 additional members, will convene on board the Texas at 10 o'clock a. m., 
 Thursday, August , 19 , for the purpose of inquiring into and reporting 
 
 upon the collision between the first steamer of the U. S. S. and the 
 
 second steamer of the U. S. S. that occurred in the North River, New 
 
 York, July , 19. 
 
 2. The board will make a thorough investigation of all the circumstances 
 attendant to the above-mentioned collision and upon the conclusion of its 
 Investigation will report the facts established thereby, the amount of damage 
 to each steamer, and the board's conclusion as to the responsibility for the 
 collision, and will forward, in addition to the original record of proceedings, a 
 partial copy covering material in accordance with section 593, Naval Courts 
 and Boards. 
 
 3. The attention of the board is particularly invited to sections 589 and 511, 
 Naval Courts and Boards. 
 
 585 
 
VI. 
 
 BOARDS OF INQUEST. 
 
 (Chapter XVII Part I.) 
 
 429 
 

 

 BOAKDS OF INQUEST. 
 
 RECORD OF PROCEEDINGS 
 
 OF A 
 
 
 
 BOARD OF INQUEST 
 
 CONVENED AT 
 
 THE NAVY YARD, NEW YORK, 
 
 ' 
 
 BY ORDER OF 
 
 THE COMMANDANT 
 
 IN THE CASE OF 
 
 A B , LATE SEAMAN, U. S. NAVY. 
 
 AUGUST , 19. 
 82 to 92 
 
 FanConvened on board the U, S. 8, by order of Captain T 
 
 B. S , U. S, Navy, Senior Officer Present, 
 
 596 
 
 . 
 
 Precept : See form, p. 433. 
 
 606; 539 
 
 ; 
 
 NAVY YARD, NEW YORK, July , 19 . 
 
 At a board of inquest assembled by the order hereto prefixed, 
 
 marked " ," on the body of A B , late seaman, 
 
 U. S. Navy, found dead. 
 
 Present 
 
 Lieutenant Commander E F , U. S. Navy, president; 
 
 Surgeon G - H , U. S. Navy ; and 
 
 Lieutenant I K , U. S. Navy, members; and 
 
 Ensign L M , U. S. Navy, recorder. 
 
 431 
 
 
432 PROCEDURE FOR COURTS AND BOARDS. 
 
 The recorder read the order convening the board. 
 
 The board proceeded to the place where the body was found. 
 
 Var. The board proceeded to for the purpose of viewing the body. 
 
 600 
 
 Surgeon G H , U. S. Navy, examined the body and 
 
 reported to the board that the cause of the death was too apparent 
 to necessitate the performance of an autopsy. 
 
 Var. reported to the board that the circumstances attending the 
 
 death of A - B - were of such a nature as to require that an autopsy 
 be performed, which was done. 
 
 600 
 
 The board then returned to the place where it had first convened 
 and took the following evidence : 
 
 601 
 
 was called as a witness. 
 
 602; 603 
 
 1. Q. State all you know about the death of A B- 
 
 seaman, U. S. Navy. 
 A * * * 
 
 9 f) * * * 
 Z. l^. 
 
 A * * * 
 A. 
 
 604 
 
 The witness withdrew. 
 
 Var. Passed Assistant Surgeon A H. K , U. S. Navy, was called 
 
 as a witness, 
 
 1. Q. State your opinion in regard to the cause of the death of the deceased, 
 A, * * *. 
 
 604 
 
 Surgeon G H , U. S. Navy, (who had performed an 
 
 autopsy on the body), stated that, in his opinion, the deceased met 
 
 his death on (date), while on board the U. S. S. , then at 
 
 (or, at Brooklyn, New York), by reason of (state cause). 
 
 600 
 
 The inquest was finished. 
 
 The board, from a view of the body, and from the evidence before 
 
 it, identified the body as that of A B , late seaman, 
 
 U. S. Navy, and is of the opinion that A B , late seaman, 
 
PROCEDURE FOR COURTS AND BOARDS. 433 
 
 IT. S. Navy, died on (date) while on board the U. S. S. , 
 
 then at - - (while on authorized liberty at Brooklyn, New York) 
 (while absent without authority at Brooklyn, New York) , by reason 
 of (state cause), and that his death was (not) occasioned by an act 
 of duty in which he was engaged when it occurred (and was [not] 
 the result of his own misconduct). 
 
 605; 566; 567 
 
 Hi r , 
 
 Lieutenant Commander, U. S. Navy, President. 
 
 G H- -, 
 
 Surgeon, U. 8. Navy, Member. 
 T_ ir 
 
 - iV , 
 
 Lieutenant, U. S. Navy, Member. 
 Ensign, U. S. Navy, Recorder. 
 
 563; 565 
 
 NAVY YARD, NEW YORK, 
 
 August , 19 . 
 
 The proceedings of the board of inquest in the foregoing case are 
 approved and forwarded. 
 
 Captain, U. S. Navy, Commandant. 
 
 608 
 
 From: Commandant. 
 
 To : Lieutenant Commander E F , U. S. Navy. 
 
 Subject : Convening board of Inquest. 
 
 1. A board, consisting of yourself as president, and of Surgeon G 
 
 H and Lieutenant I K , U. S. Navy, as additional members, 
 
 and Ensign -L M , U. S. Navy, as recorder, will immediately 
 
 assemble for the purpose of investigating and reporting upon the circumstances 
 
 attending the death of A B , late seaman, U. S. Navy, attached to 
 
 the seamen's quarters, this navy yard, on (or about) at (or near) .. . 
 
 2. The proceedings of the board will be conducted in accordance with the 
 provisions of Naval Courts and Boards, sections 596 to 608. 
 
I 
 
 [ion] Hfr// hi; 
 
 796 ;8 
 
 
 
 
 .- 
 
 808 
 
 i 
 
 . H (7, 
 
VII. 
 
 NAVAL EXAMINING BOARDS. 
 
 (Chapter XVIII Part I.) 
 
 435 
 
JIV 
 ZraMAXa JAYAft 
 
 /: 
 
 
. 
 
 NAVAL EXAMINING BOAKDS. 
 
 RECORD OF PROCEEDINGS 
 
 OF A 
 
 NAVAL EXAMINING BOARD 
 
 CONVENED AT 
 
 THE NAVY YARD, MARE ISLAND, CAL., 
 Far. On board the U. S. S. New York, 
 
 IN THE CASE OF 
 
 LIEUTENANT H -- C. E - , U. S. NAVY, 
 APRIL 25, 19 . 
 
 82 to 92 
 
 Precept : See form, p. 443. 
 651 
 
 NAVAL EXAMINING BOARD, 
 Navy Yard, Mare Island, Col,, May JT, 19 . 
 
 646 
 
 The board met at 10 a. m., April 25, 19, pursuant to an order, 
 copy prefixed, marked "A." 
 
 pursuant to orders, copies prefixed, marked "A(l)" to "A (3)." 
 (This variation is used when original members are detached; when the date 
 or place of meeting is changed, etc.) 
 
 651 
 
 Present : 
 
 Rear Admiral A - B. C - , U. S. Navy ; 
 
 Captain D - E. F - , U. S. Navy, and 
 
 Captain G- - H. K- , U. S. Navy, members, and 
 
 Lieutenant L - M. N , U. S. Navy, recorder. 
 
 616 to 618 
 
 437 
 
438 PROCEDURE FOR COURTS AND BOARDS. 
 
 Lieutenant H - C. E , U. S. Navy, reported for exami- 
 nation in obedience to an order, copy prefixed, marked " B." 
 
 Var. Mr. L - E. H - appeared for examination under authority 
 contained in a letter, copy prefixed, marked " B." 
 
 622 
 
 The precept (and orders altering the same) was (were) read by 
 the recorder, and there was no objection to any member. 
 
 Var. The candidate objected to Captain D - E. F , U. S. Navy, as 
 n, member, on account of -- ( state reasons ) . Procedure the same as for 
 challenge under general court-martial, p. 345. 
 
 /a ; 
 
 The board and the recorder were duly sworn. 
 '' 636 to 637 
 
 The candidate stated that he was ready for examination. 
 
 Var. -- that he was not ready for examination, and the facts of the 
 case were reported to the Bureau of Navigation, copy of letter appended, 
 marked " -- ." 
 
 The board then, at a. m., adjourned until a. m., to-morrow, Friday. 
 
 The board then conducted the examination of the candidate as 
 follows : 
 
 Began. Ended. 
 
 April 25. Subject: Steam engineering; electricity; ord- 
 
 nance and gunnery; seamanship; 
 
 navigation and piloting. (Oral) 10.00 a.m. 4,20 p, m, 
 April 26. Subject: Practical navigation/ (Written) ---- 9.30 a.m. 4.30 p.m. 
 
 April 27. Subject: Strategy and tactics. (Written) ---- 9,40a.m. 4.30 p.m. 
 
 April 28. Subject: Law. (Written) ________ ___________ 9.30a.m. 12.30p.m. 
 
 Practical examination _______________ 1.30p.m. 3.30p.m. 
 
 or, as required by instructions accompanying the precept or otherwise issued 
 for the purpose of governing the scope and character of examinations, 
 
 630 
 
 The written examination is appended, marked - . 
 
 When applicable. Owing to a lack of facilities for conducting a practical 
 examination at , as shown by the correspondence, copy appended marked 
 , that part of the examination was not held. 
 
 A copy of the questions asked by the board, the mark for each 
 question asked and the average mark for each subject, together with 
 the board's individual opinion of the candidate's service record in 
 grade, is appended, marked - . \ ] _ 
 
 ******* 
 A communication, appended marked " - ," was received from the 
 
 Navy Department transmitting the papers named therein, which 
 

 PROCEDURE FOR COURTS AND BOARDS. 439 
 
 were duly considered by the board and which, with the exception of 
 those intended for the Medical Board, are appended, marked 
 
 f n " 
 
 IU 
 
 632; 633 
 
 The candidate did not desire to call any witnesses or to take the 
 s^and as a witness in his own behalf (or as the case may be). 
 
 623; 638 to 642 
 
 
 
 (// the candidate be a line officer above the grade of lieutenant:) 
 From the evidence before the board, it appears that the candidate 
 has taken a course of instruction at the Naval War College ; that the 
 duration of the course was from April , 19 , to August , 19 . 
 During his attendance at the War College it appears that the candi- 
 date took advantage of his opportunities to an excellent degree 
 (or as the case may be). 
 
 Var. It does not appear from the evidence before the board that the candi- 
 date has taken any course of instruction at the Naval War College. 
 
 648 
 
 The examination of the candidate having been concluded, he was 
 
 discharged from further attendance. 
 
 ' 
 
 624 
 
 The board, having deliberated on the evidence before it, decided 
 that the mental, moral, and professional fitness of the candidate to 
 perform all his duties at sea has been established to its satisfaction. 
 
 We hereby certify that Lieutenant H - C. E , U. S. 
 Navy, has the mental, moral, and professional qualifications to per- 
 form efficiently all the duties, both at sea and on shore, of the grade 
 
 (grades) to which he is to be promoted, to wit : (and ), 
 
 and recommend him for promotion. 
 
 643 to 644 
 
 . 
 
 A J3 Q 
 
 Rear Admiral, U. 8. Navy, President. 
 
 D- -E. F- -, 
 Captain, U. S. Navy, Member. 
 
 G- - H. K- , 
 Captain, U. S. Navy, Member. 
 
 L M. N- , 
 
 Lieutenant, U. S. Navy, Recorder. 
 
 650 
 
440 PROCEDURE FOR COURTS AND BOARDS. 
 
 Var. 1. has been established to its satisfaction. In arriving at its 
 
 conclusion as to the professional (moral) fitness of the candidate, the board 
 fully considered the record of proceedings of the general court-martial before 
 which the candidate was tried October 19, 19 (the unfavorable reports on fit- 
 ness from October 1, 19 , to March 81, 19 , and from April 1, 19 , to Septem- 
 ber 30, 19 , as follows:) (the letter of reprimand addressed to the candidate 
 by the department under date of March -4, 19 , as follows : ) , but in view of 
 the candidate's otherwise excellent record as indicated by his reports on fitness 
 (or state other reasons), the board came to a favorable conclusion as to his 
 professional (moral) fitness notwithstanding such evidence. 
 
 We hereby certify, etc. 
 
 649 
 
 Var. 2. The board, haying deliberated on the evidence before it, decided 
 that the mental and the moral fitness of the candidate to perform all his duties 
 at sea has been established to its satisfaction ; but that owing to deficiency 
 
 in the subject of , as shown by his written examination papers hereto 
 
 appended (or as the case may be), his professional fitness has not been so 
 established. 
 
 We hereby certify that Lieutenant H C. E , U. S. Navy, has the 
 
 mental and the moral, but not the professional, qualifications to perform effi- 
 ciently all the duties, both at sea and on shore, of the grade to which he is to 
 be promoted, to wit , and do not recommend him for promotion. 
 
 645 
 
 Var. 3. (Majority and minority opinion). We hereby certify that Lieutenant 
 H C. E , U. S. Navy, has the mental, moral, and professional quali- 
 fications to perform efficiently all the duties, both at sea and on shore, of the 
 
 grade to which he is to be promoted, to wit , and recommend him for 
 
 promotion. 
 
 A B. C , 
 
 Read Admiral, U. S. Navy, President. 
 
 G H. K , 
 
 Captain, U. S. Navy, Member. 
 
 From an inspection of the written examination of the candidate, and from 
 the answers to interrogatories sent to officers under whom the candidate has 
 served, I am constrained to differ with the majority of the board as to the pro- 
 fessional fitness of the candidate to perform all his duties at sea. 
 
 I hereby certify that Lieutenant H - C. E , U. S. Navy, has the 
 mental and moral, but not the professional qualifications to perform efficiently 
 all the duties both at sea and on shore, of the grade to which he is to be pro- 
 moted, to wit , and do not recommend him for promotion. 
 
 Captain, V. S. Navy, Member. 
 
 L M. N , 
 
 Lieutenant, U. S. Navy Recorder. 
 
 650 
 
 Var. 4- The board having deliberated on the evidence before it, and having 
 determined that from such evidence it appears prima facie that Lieutenant 
 
 H C. E , U. S. Navy, is not morally qualified for promotion by 
 
 reason of his own misconduct (drunkenness) (overindulgence in intoxicants) 
 
PROCEDURE FOR COURTS AND BOARDS. 441 
 
 (or, as tlie case may be), he was called before the board and informed of and 
 given an opportunity to be heard upon the charges against him, as follows : 
 
 On October 19, 19 , he was under the influence of intoxicating liquor on 
 board of the U. S. S. while executive officer of that vessel. 
 
 That in the report of fitness from April , 19 , to September , 19 , his 
 commanding officer reported that he would object to having him under his 
 immediate command unless he received satisfactory assurance that this officer 
 would entirely abstain from the use of intoxicating liquor. 
 
 The claim of - & Co., New York, dated September , 19 , as follows : 
 
 The claim of H & B , Brooklyn, N. Y., dated November , 19 , 
 
 as follows : 
 
 An extract from the medical record of the candidate, dated July , 19 , 
 and reading as follows : 
 
 Lieutenant E asked permission to introduce A R as a wit- 
 ness. The request was granted, and the witness entered and was duly sworn. 
 
 (Testimony recorded as for defense in general court martial.) 
 
 Lieutenant E , the candidate, was, at his own request, called as a 
 witness and duly sw r orn, etc. 
 
 After the consideration of his case, during which the board was cleared, the 
 board was opened, and the candidate was discharged from further attendance. 
 
 The board was then cleared for deliberation and decided that the mental 
 and professional fitness of the candidate to perform all his duties at sea has 
 been established to its satisfaction; but that, by reason of drunkenness (or, 
 by reason of - ) which is the result of his o\vn misconduct, his moral 
 fitness has not been so established. 
 
 We hereby certify that Lieutenant H C. E , U. S. Navy, has the 
 
 mental and professional, but not the moral, qualifications to perform all the 
 duties, both at sea and on shore, of the grade to which he is to be promoted, 
 to wit , and do not recommend him for promotion. 
 
 645 656 
 
 Var. 5. (In case of a candidate for admission to any staff corps of the Navy, 
 except the pay corps). 
 
 The board, having deliberated on the evidence before it, found that the candi- 
 date has obtained a general average of per cent and decided that his mental, 
 moral, and professional qualifications have been established to its satisfaction. 
 
 We hereby certify that - - is mentally, morally, and. professionally 
 
 qualified for admission to the United States Navy as an assistant surgeon 
 (assistant civil engineer, or, as the case may be), and recommend him for 
 appointment. 
 
 644 to 645 
 
 Var. 6. (In case of a candidate for admission to the Pay Corps:) 
 
 The board, having deliberated on the evidence before it, found that the candi- 
 date has obtained a general average of -- per cent, and decided that his 
 physical, mental, and moral qualifications have been established to its satis- 
 faction. 
 
 We hereby certify that - - is physically, mentally, and 
 
 morally qualified for admission to the U. S. Navy as an assistant paymaster, 
 and recommend him for appointment. 
 
 644; 645; 617 
 
442 PROCEDURE FOR COURTS AND BOARDS. 
 
 PROCEDURE IN CASE AN OFFICER IS TO BE EXAMINED ON HIS RECORD ONLY. 
 
 625 
 
 NAVAL, EXAMINING BOARD, 
 
 Navy Yard, Washington, D. C., August 1, 19 . 
 The board met at 10 a. m., July 31, 19 (or, this date), pursuant 
 to an order, copy prefixed marked "A." 
 Present: 
 
 Eear Admiral A - B. C , U. S. Navy ; 
 
 Bear Admiral D E. F , U. S. Navy; and 
 
 Captain G H. K , IT. S. Navy, members; and 
 
 Lieutenant L M. N , U. S. Navy, recorder. 
 
 The board convened for consideration of the case of Commander 
 O - P. Q , U. S. Navy, preliminary to his promotion. 
 
 The precept was read by the recorder. The recorder and the board 
 were duly sworn. 
 
 A letter from the Navy Department, directing the examination of 
 
 Commander Q on his record only, is appended marked "B." 
 
 A communication, appended, marked " C," was received from the 
 Navy Department, transmitting the papers named therein, which 
 
 are appended, marked " " to " ." 
 
 The board, having deliberated on the evidence before it, and hav- 
 ing taken into consideration their association with the candidate in 
 the Navy and his reputation as an officer, decided that his mental, 
 moral, and professional fitness to perform all his duties at sea has 
 been established to its satisfaction. 
 
 We hereby certify that Commander O P. Q , U. S. 
 
 Navy, has the mental, moral, and professional qualifications to per- 
 form efficiently all the duties, both at sea and on shore, of the grade 
 to which he is to be promoted, to wit - , and recommend him 
 for promotion. 
 
 A B. C , 
 
 Rear Admiral , U. S. Navy, President. 
 
 D - E. F , 
 Rear Admiral, U. S. Navy, Member. 
 
 G H. K , 
 
 Captain, U. S. Navy, Member. 
 
 L - M. N- -, 
 Lieutenant, U. S. Navy, Recorder. 
 
 Var. The board, having deliberated on the evidence before it, deems it 
 necessary that the candidate appear personally before it in order to establish 
 his iitness for promotion for the reason that the board desires to inquire fur- 
 ther into the matter of the entry in his report of fitness, dated , to the 
 
 effect that . 
 
 625; 621 
 
PROCEDURE FOR COURTS AND BOARDS. 443 
 
 PRECEPT. 
 
 NAVY DEPARTMENT. 
 Washington-, April , 10 . 
 
 To: Rear Admiral A B. C , U. S. Navy, navy yard, Mare Island, 
 
 California, via Commandant. 
 
 1. A naval examining board, for the examination of such candidates for 
 admission or promotion as may be directed to appear before it, is hereby ordered 
 to convene at the navy yard, Mare Island, California, as soon as may be 
 practicable. 
 
 2. The board will consist of yourself as president, and of Captains D 
 
 E. F and G H. K -, U. S. Navy, as members. 
 
 3. Lieutenant L M. N , U. S. Navy, will act as recorder. 
 
 4. The proceedings of the board will be conducted and the record forwarded 
 in accordance with the instructions contained in " Naval Courts and Boards." 
 (Add or refer to such instructions as may apply relative to the conduct of the 
 examination. ) 
 
 Secretory of the Nncy. 
 619 
 
 PRECEPT IX 15LAXK. 
 
 In cases where desirable a precept may ~be signed in blank "by a 
 duly authorized convening authority. In such cases the form given 
 above is to be followed except that the time and 'place of meeting 
 and the composition of the board is left blank. Such precept in 
 blank will be forwarded to a designated officer together with instruc- 
 tions requiring him to insert the time and place of meeting and name 
 the composition of the board from such eligible officers as he may 
 deem proper. The designated officer, having complied with the above, 
 countersigns the precept and forwards same to the officer named by 
 him as president. 
 
 PRECEPT ISSUED BY OFFICER AUTHORIZED TO CONVENE EXAMINING BOARDS 
 BY THE SECRETARY OF THE NAVY. 
 
 In cases where the Secretary of the Navy has authorized " the 
 senior officer present, or other commanding officer, on a foreign 
 station" to order boards in accordance with the act quoted in sec- 
 tion 615, the precept issued by an officer so authorized shall refer- 
 to his authorization. 
 
 LETTER TO CANDIDATE FOR PROMOTION. 
 
 NAVY DEPARTMENT, BUREAU or NAVIGATION, 
 
 Washington, April , 19 . 
 To: Lieutenant (junior grade) F - A. R , U. S. Navy, navy yard, 
 
 Washington, D. C., via Commandant. 
 Subject : Examination for promotion. 
 
 1. Report to the president of the board of medical examiners, navy yard, 
 Washington, D. C., at 10 a. rn., April , 19 , for examination, preliminary to 
 
 promotion to the grade (grades) of (and ), in accordance with 
 
 section 1493 of the Revised Statues. 
 
 2. Upon the completion of this examination, or when otherwise directed by 
 proper authority, you will report to the president of the naval examining board 
 for the examination required by section 1496 of the Revised Statutes. 
 
 3. This is in addition to your present duties. 
 
 622 
 
 26450 17 29 
 
444 PROCEDURE FOR COURTS AND BOARDS. 
 
 LETTER TRANSMITTING MATTER ON FILES RELATIVE TO CANDIDATE. 
 
 NAVY DEPARTMENT, BUREAU OF NAVIGATION, 
 
 Washington, D. C., July , 19 . 
 
 To : President, Naval Examining Board, navy yard, Washington, D. C. 
 Subject : Transmitting papers for consideration in connection with examination 
 
 for promotion. 
 Inclosures: 23. 
 
 Lieutenant S - P. L , U. S. Navy, having been ordered to report 
 to you on July , 19 , for examination preliminary to promotion, the bureau, 
 in accordance with the requirements of section 632, Naval Courts and Boards, 
 transmits herewith all matter on the files and records of the Navy Department 
 which relate in any way to his fitness for promotion, viz : 
 One record of service. 
 Twenty-two reports on fitness of officers. 
 
 RECORD OF SERVICE OF LIEUTENANT S - P. L , U. S. NAVY. 
 
 (Since last examination.) 
 
 19 . To examination for promotion, Washington, May , and return. (On 
 the Tennessee.) 
 
 19 , May . Promoted to lieutenant. 
 
 19 , January . Detached and to the Washinyton. Etc. 
 
 SUPERVISORY BOARD. 
 
 657 to 662 
 
 Procedure: No record need be kept of proceedings. See p. 447 for form 
 of candidate's waiver and board's certificate to be forwarded with examination 
 papers. 
 
 660 to 662 
 
 FORM TO BE USED BY THE STATUTORY BOARD THAT DETERMINES WHETHER 
 OR NOT AN OFFICER EXAMINED BEFORE A SUPERVISORY BOARD IS QUALI- 
 FIED FOR PROMOTION. 
 
 NAVAL EXAMINING BOARD, 
 Navy Yard, Washington, D. C., July 21, 19. . 
 
 The board met at 1.0 a. m., July 12, 19 , pursuant to an order, 
 copy prefixed marked "A." 
 
 Present : 
 
 Eear Admiral A B. C , U. S. Navy ; 
 
 Captain D E. F , U. S. Navy; and 
 
 Captain G H. K , U. S. Navy, members; and 
 
 Lieutenant L M. N , U. S. Navy, recorder. 
 
 The board convened for consideration of the case of Ensign 
 P Q. R , whose written professional examination pre- 
 liminary to his promotion had been conducted by a supervisory 
 board on the U. S. S. Texas, at . 
 
 The recorder read the precept. 
 
 The board and the recorder were duly sworn. 
 
PROCEDURE FOR COURTS AND BOARDS. 445 
 
 Certain papers received from the supervisory board, which show 
 that the candidate had no objection to having his examination con- 
 ducted by the Naval Examining Board at Washington, D. C., and that 
 he waived his right to appear in person before said board, are ap- 
 pended, marked "- " to "- 
 
 The written examination of the candidate is appended, pages 
 
 A communication, appended, marked " ," was received from 
 
 the Navy Department transmitting the papers named therein, which 
 were duly considered by the board and which, with the exception 
 of those intended for the Medical Board, are appended, marked 
 _ _"to"- ." 
 
 The board, having deliberated on the evidence before it, decided 
 that the mental, moral, and professional fitness of the candidate to 
 perform all his duties at sea has been established to its satisfaction. 
 We hereby certify that Ensign P - Q. R , U. S. Navy, 
 has the mental, moral, and professional qualifications to perform 
 efficiently all the duties, both at sea and on shore, of the grade to 
 
 which he is to be promoted, to wit , and recommend him for 
 
 promotion. 
 
 A - B. C , 
 Rear Admiral, U. S. Navy, President. 
 
 D - E. F , 
 Captain, U. S. Navy, Member. 
 
 G- H. K- , 
 
 Captain, U. S. Navy, Member. 
 
 L M. N- , 
 
 Lieutenant, U. S. Navy, Recorder. 
 
 ' 
 
 LETTER DIRECTING AN OFFICER TO APPOINT A SUPERVISORY BOARD. 
 
 From : Secretary of the Navy. 
 
 To: Commander in Chief, United States Asiatic Fleet. 
 
 Subject: Supervisory board for the examination, preliminary to promotion, of 
 such officers as may be ordered to report for such examination. 
 
 1. You are directed to appoint a board, consisting of three officers, to super- 
 vise the written professional examination, preliminary to promotion, of such 
 officers as may be ordered to report for such examination. The board will 
 ask the candidates if they have any objection to the Naval Examining 
 Board at the navy yard, AVashington, D. C., which will be ordered to conduct 
 their professional examination and to make a final recommendation in their 
 cases to the department ; and if they have no objection, they will be permitted 
 to waive their right to appear in person before said board, as conferred by sec- 
 tion 1500 of the Revised Statutes, said waivers to be sworn to and to be at- 
 tached to the examination papers of the candidate, and to be in accordance 
 with the form prescribed by Naval Courts and Boards, p. 447. 
 
 2. Upon the completion of the examination, a certificate signed by each mem- 
 ber of the board will be attached to the papers in each case, stating whether 
 
446 PROCEDURE FOR COURTS AND BOARDS. 
 
 or not the candidate has any objection to his examination for promotion being 
 conducted by the Naval Examining Board, navy yard, Washington, D. C., and 
 that he received no outside assistance during its progress. The board will 
 forward the papers by registered mail in a sealed envelope, marked " Confi- 
 dential," to the " President Naval Examining Board, navy yard, Washington, 
 D. C." 
 
 3. You will direct these officers, if they waive their right to appear in person 
 before the Naval Examining Board as outlined above, to report to the super- 
 visory board for professional examination, preliminary to promotion, and in 
 any event you will direct them to report to the Board of Medical Examiners 
 for physical examination, preliminary to promotion. 
 
 4. The supervisory board will remain in force until further orders, and if 
 any member of that board is relieved or detached, you are hereby authorized 
 to appoint new members to take the places left vacant. 
 
 PRECEPT CONVENING SUPERVISORY EXAMINING BOARD. 
 
 UNITED STATES ASIATIC FLEET, 
 
 U. S. S. , FLAGSHIP, 
 
 , July 2, 10. 
 
 From : Commander in Chief. 
 
 To: Lieutenant Commander E - C. K , U. S. Navy, U. S. S. Texas t 
 
 via commanding officer. 
 Subject : Convening supervisory examining board. 
 
 1. A supervisory board for the examination, preliminary to promotion, of 
 such officers as may be ordered before it is hereby ordered to convene on board 
 
 the U. S. .S. - at - , at 10.00 o'clock a. m., Tuesday, July , 
 
 19 , or as soon thereafter as may be practicable. 
 
 2. The board will consist of yourself as president and of Lieutenant (junior 
 grade) F R. K , U. S. Navy, and Lieutenant (junior grade) H 
 
 P. L as members. Lieutenant (junior grade) H - P. L , U. S. 
 
 Navy, will act as recorder. 
 
 3. The board will ask the candidates if they have any objection to the naval 
 examining board at the navy yard, Washington, D. C., which will be ordered 
 to conduct' their professional examination and to make a final recommendation 
 in their cases to the department ; and if they have no objection they will be 
 permitted to waive their right to appear in person before the board, as con- 
 ferred by section 1500 of the Revised Statutes, said waiver to be sworn to, to 
 be attached to the examination papers, and to be in accordance with the form 
 prescribed in Naval Courts and Boards, p. 447. 
 
 4. Upon the completion of the examination a certificate signed by each mem- 
 ber of the board will be attached to the papers stating whether or not each can- 
 didate has any objection to his examination being conducted by the naval ex- 
 amining board, navy yard, Washington, D. C., and that he has received no 
 unauthorized assistance during its progress. The board will forward the papers 
 by registered mail in a sealed envelope marked "Confidential" to "President 
 naval examining board, navy yard, Washington, D. C." 
 
 5. The procedure of the board shall be in accordance with section 661, Naval 
 Courts and Boards. 
 
 657 to 659 
 
 LETTER TO CANDIDATE FOR PROMOTION ORDERED BEFORE A SUPERVISORY 
 
 BOARD. 
 
 From : Bureau of Navigation. 
 
 To : Ensign P - Q. R , U. S. Navy, U. S. S. , via Commanding 
 
 Officer. 
 
 

 PROCEDURE FOR COURTS AND BOARDS. 447 
 
 Subject : Examination for promotion. 
 
 1. As soon as practicable after the receipt of the necessary questions and 
 papers, and when directed by your commanding officer, you will report to the 
 president of a board of medical examiners for examination, preliminary to pro- 
 motion to the grade of , in accordance with section 1493 of the Revised 
 
 Statutes. 
 
 2. Upon the completion of this examination, or when otherwise directed by 
 proper authority, you will report to your commanding officer for a supervisory 
 examination in accordance with section 1496 of the Revised Statutes. 
 
 3. The statutory board which will finally determine your fitness for promo- 
 tion will meet upon your case at , - , on , or as soon thereafter 
 
 as may be practicable. 
 
 4. This is in addition to your present duties. 
 
 657 
 
 FORM FOR WAIVER TO BE EXECUTED BY CANDIDATE BEFORE SUPERVISORY 
 
 BOARD. 
 
 U. S. S. TEXAS, 
 
 Navy Yard, New York, July , 19 . 
 
 Having been notified of the time and place of meeting of the examining boards 
 which are to conduct my examination for promotion, I hereby waive all right 
 to be present in person before, or to be heard by, the Naval Examining Board 
 which is finally to pass on my case, and I further hereby waive all right to be 
 given opportunity, in any manner whatsoever, to personally appear before that 
 board. In taking this action I am fully cognizant of my rights in the premises, 
 under section 1500 of the Revised Statutes, including the right to appear in 
 person before that board, and the penalties to be suffered by me in case the 
 said Naval Examining Board finds me not qualified for promotion. 
 
 P - Q. R 
 
 Ensign, U. S. Navy. 
 Subscribed and sworn to before me this day of July, 19 . 
 
 T^ f\ T' 
 
 Lieutenant Commander, U. S. Navy, 
 President, Supervisory Examining Board. 
 
 661 
 
 CERTIFICATE OF SUPERVISORY BOARD TO THE EFFECT THAT THE CANDIDATE 
 RECEIVED NO UNAUTHORIZED ASSISTANCE DURING THE EXAMINATION. 
 
 U. S. S. TEXAS, 
 
 Navy Yard, New York, July , 19 . 
 
 The candidate stated that he had no objection to his examination being con- 
 ducted by the Naval Examining Board, navy yard, Washington, D. C., and it 
 is hereby certified that he received no unauthorized assistance during the prog- 
 ress of the examination. 
 
 Lieutenant Commander, U. S. Navy, President. 
 
 F - R. K , 
 Lieutenant (j.g.) U. S. Navy, Member. 
 
 P T 
 
 JL . -LJ , 
 
 Lieutenant (j.g.) U. 8. Navy, Member and Recorder. 
 662 
 

 
 
 
 
 
 
 ' 
 
 
VIII. 
 BOARDS OF MEDICAL EXAMINERS. 
 
 (Chapter XIX Part I.) 
 
 449 
 
.IIIY 
 
 jd 
 
 

 BOAKDS OF MEDICAL EXAMINERS. 
 
 RECORD OF PROCEEDINGS 
 
 OF A 
 
 BOARD OF MEDICAL EXAMINERS 
 
 CONVENED AT 
 
 THE NAVY YARD, MAEE ISLAND, CAL, 
 
 Var. On board the U. S. S. New York, 
 IN THE CASE OF 
 
 LIEUTENANT II C. E^ , U. S. NAVT. 
 
 JULY 31, 19. 
 
 82 to 92 
 
 - 
 Precept : See form, p. 453. 
 
 
 
 676; 651 
 
 9 
 
 BOARD OF MEDICAL EXAMINERS, 
 Navy Yard, Mare Island, Col., August 1, 19 . 
 
 fi7fi fi4-fi 
 ' 
 
 The board met at 10 a. m., July 31, 19 (this day), pursuant to an 
 order, copy prefixed, marked "A." 
 
 (See Variation, page 437.) 
 
 Present : 
 
 Medical Inspector C - B. A , U. S. Navy ; 
 
 Surgeon F - E. D , U. S. Navy ; and 
 
 Passed Assistant Surgeon K - H. G , U. S. Navy, mem- 
 bers; and 
 
 Assistant Surgeon N M. L , U. S. Navy, recorder. 
 
 DCK 
 
 bbO 
 
 451 
 
452 PROCEDURE FOR COURTS AND BOARDS. 
 
 Lieut. H C. E , IT. S.' Navy, reported for examination 
 
 in obedience to an order, copy prefixed, marked " B." 
 
 The precept was read by the recorder an$ there was no objection to 
 any member. 
 
 (See Variation, page 1^38.) 
 
 The board and the recorder were duly sworn. 
 
 669; 636 to 637 
 
 The candidate's statement as to his physical qualifications is ap- 
 pended, marked " C." 
 
 672 
 
 The medical history of the candidate is appended, marked " D." 
 
 671 
 
 Each member of the board then made a careful physical examina- 
 tion of the candidate and found no trace of any ailment or dis- 
 ability now existing. 
 
 670 
 
 Var. 1. examination of the candidate, giving special attention to 
 
 the following entries contained in his medical history, viz, febris continua 
 simplex, vulnus punctum, etc., and found no trace of any ailment or disability 
 now existing. 
 
 Var. 2. and found that he is suffering from contracted (not) 
 
 in line of duty. 
 
 Var. 8. Each member of the board then made a careful physical examina- 
 tion of the candidate and found that he has recovered from the ailment noted in 
 his medical record for the period since January , 19 ; that he has lost his 
 left leg at the knee; that such disability was occasioned by a wound received 
 in the line of his duty; and that it does not incapacitate him for other than 
 sea duties in the grade to which he is to be promoted ; that there is no other, 
 disability now existing. 
 
 Var. 4. Each member of the board then made a careful physical examination 
 of the candidate and found that he is deficient in weight and mean chest 
 measurement, according to the prescribed naval standard height 67 inches, 
 weight 130 pounds (2 pounds underweight), mean chest circumference 33 inches 
 (1 inch under standard). 
 
 We hereby certify that Lieutenant H C. E , U. S. 
 
 Navy, is physically qualified to perform all his duties at sea, and 
 recommend him for promotion. 
 
 673 
 
 y p ry Vv TT _ 
 
 Var. .*. We hereby certify that Lieutenant H C. E , U. S. Navy, 
 
 is incapacitated for service by reason of (state the physical disability) con- 
 tracted (not) in the line of duty, and he is therefore not qualified to perform 
 all his duties at sea, and we do not recommend him for promotion. 
 
 674; 675 
 
 
PROCEDURE FOR COURTS AND BOARDS. 453 
 
 Var. 2. We hereby certify that Lieutenant H - C. E , U. S. Navy, 
 is not physically qualified to perform all his duties at sea owing to - , and 
 we recommend that he be further examined physically in - - months in 
 order to ascertain the extent of his incapacity. 
 
 673 
 
 Var. 8. We hereby certify that is physically qualified to perform all 
 
 his duties except those at sea, and recommend him for promotion jn accordance 
 with the provisions of section 1494 of the Revised Statutes. 
 
 664 
 
 In the case of a candidate for appointment : 
 
 Var. 4. We hereby certify that Mr. is (not) physically quali- 
 fied for admission to the United States Navy as an assistant paymaster (as- 
 sistant surgeon), (or, as the case may be) and do (not) recommend him for 
 appointment. 
 
 673 
 
 Var. 5. We hereby certify that should the Secretary of the Navy waive the 
 above 2 pounds under standard weight and 1 inch under standard chest cir- 
 cumference, - , M. D., is physically qualified for admission to the 
 United States Navy as an assistant surgeon in the Medical Reserve Corps, and 
 recommend him for appointment. 
 
 667 
 
 B. A- 
 
 Medical Inspector, U. S. Navy, President. 
 
 F - E. D , 
 Surgeon, U. S. Navy, Member. 
 
 K - H. G , 
 Passed Assistant Surgeon, U. S. Navy, Member. 
 
 N - M. L , 
 Assistant Surgeon, U. S. Navy, Recorder. 
 
 676; 650 
 
 PRECEPT FOR BOARD OF MEDICAL, EXAMINERS. 
 
 NAVY DEPARTMENT, 
 Washington, July , 19 . 
 
 To : Medical Inspector C B. A , U. S. Navy, Navy Yard, Mare Island, 
 
 California, via commandant. 
 
 1. A board of medical examiners, to examine and report upon the physical 
 qualifications of such candidates for admission or promotion as may be ordered 
 to appear before it, is hereby ordered to convene at the navy yard, Mare Island, 
 California, on Monday, August 1, 19 , at 10 o'clock a. m., or as soon thereafter 
 as practicable. 
 
 2. The board will consist of yourself, as president, and of Surgeon F - E. 
 
 D , and Passed Assistant Surgeon K H. G , U. S. Navy, as 
 
 members. Assistant Surgeon N M. L , U. S. Navy, will act as 
 
 recorder. 
 
454 PROCEDURE FOR COURTS AND BOARDS. 
 
 3. The proceedings of the board will be conducted and the record forwarded 
 in accordance with the provisions of Naval Courts and Boards. 
 
 Secretary of the Navy. 
 
 PRECEPT TS BLANK. 
 
 See note under this heading on page 443. 
 
 ' 
 
 PRECEPT FOR MEDICAL EXAMINER. 
 
 NAVY DEPARTMENT, 
 Washington, July , 7.9 . 
 
 To : Passed Assistant Surgeon C : B. A , U. S. Navy, Medical Exam- 
 iner, Navy Recruiting Station, Cleveland, Ohio. 
 
 1. You are hereby appointed a medical examiner to examine and report upon 
 the physical qualifications of such candidates for admission to the Re- 
 serve Corps (such candidates for admission to the Navy as acting assistant 
 surgeons) as assistant (dental) surgeons as may be authorized to appear before 
 you. You will hold the examinations at the Recruiting Station, Cleveland, Ohio, 
 on Monday, August 1, 19 , at 10 o'clock a. m., or as soon thereafter as prac- 
 ticable. 
 
 2. The proceedings will be conducted and the record forwarded in accordance 
 with the provisions of Naval Courts and Boards. 
 
 3. Should it be impracticable for the medical examiner to be sworn by an 
 officer of the Navy or Marine Corps authorized to administer oaths, the medical 
 examiner will insert the following certificate in the record of the proceedings 
 in each case : 
 
 " I hereby certify that I have honestly and impartially examined and reported 
 upon the case of ." 
 
 ri.ifeftittttlfclvt&3roft * * T J tiw>\>- ' 
 
 Secretary of the Navy. 
 
 668 
 
 CERTIFICATE OF CANDIDATE. 
 
 BOARD OF MEDICAL EXAMINERS, 
 
 Navy Yard, Mare Island, California, August , 19 . 
 
 I hereby certify that I am, to the best of my knowledge and belief, physically 
 qualified to perform all the duties at sea in the grade for which I am a candi- 
 date for promotion (appointment), and that I am at present free from all 
 
 bodily ailments (except ). 
 
 In the case of a candidate for admission, add the following: 
 I am a native-born (naturalized) citizen of the United States. (If natural- 
 ized, state when and where.) 
 
 I was born at , County, in the State of , on the day 
 
 of , in the year , and am at this time a legal resident of the State 
 
 of . 
 
 My home address is , , . 
 
 My local address is , - , - . 
 
 
 
 Subscribed and sworn to before me this day of , A. D. 19 . 
 
 C B. A , 
 
 Medical Inspector, U. S. Navy, 
 President Board of Medical Examiners. 
 
 672 
 
PROCEDURE FOR COURTS AND BOARDS. 455 
 
 MEDICAL HISTORY OF CANDIDATE. 
 
 NAVY DEPARTMENT, 
 BUREAU OF MEDICINE AND SURGEBY, 
 
 Washington, July , 19 . 
 
 Medical record of Lieutenant H C. E , U. S. Navy, since Sep- 
 tember 8, 19 . 
 
 L. R- 
 
 Surgeon General, U. S. Navy. 
 671 
 

 
 
 I 
 
 
 
 
 
IX. 
 
 NAVAL RETIRING BOARDS. 
 
 (Chapter XX Part I.) 
 
 457 
 
.71 
 
 i 
 
 MA* T3HV 
 
 
. 
 
 889 ; 679 
 
 ' 
 
 XT T -i-^ 
 
 NAVAL RETIKING BOARDS. 
 
 
 RECORD. OF PROCEEDINGS 
 
 OF A 
 
 NAVAL RETIRING BOARD 
 
 CONVENED AT 
 D9H'J ofl'Hjqn 
 
 THE NAVY YARD, WASHINGTON, D. C., 
 
 IN THE CASE OF 
 f^ r\ -r. o -r4 )0 J, {l1 
 
 CAPTAIN Q R. S , U. S. NAVY. 
 
 MARCH 9, 19. 
 
 o c l 
 82 to 92 
 
 Precept : Sec form, p. 462. 
 
 AH 
 
 698; 651 
 
 NAVAL RETIRING BOARD, 
 Navy Yard, Washington, D. C., March 10, 19. 
 
 j-)j; 'fol 
 
 J 
 
 The board met at 10 a. m. March 9, 19 (this day), pursuant to 
 an order, copy prefixed, marked "A ? *"' : 
 
 ') . 8 .T 
 
 (See variations, page 437.) 
 
 Present: 
 
 Rear Admiral A- _ B. B- -U.S. Navy; 
 
 Captain D- - E. F , U. S. Navy : 
 
 Medical Director R T. S - , U. S. Navy; 
 
 Captain G- - H. K- -, U. S. Navy ; and 
 
 Surgeon U- - V. W , U. S. Navy, members; and 
 
 Lieutenant L M. N , U. S. Navy, recorder. 
 
 679; 681 to 682 
 
 26450 17 30 459 
 
460 PROCEDURE FOR COURTS AND BOARDS. 
 
 
 Captain Q - R. S , IT. S. Navy, reported in obedience 
 to an order, copy prefixed, marked " B." 
 
 679; 683 
 
 The precept was read by the recorder, and there was no objection 
 to any member. 
 
 (See variation, page 438.} 
 
 685 
 
 The board and the recorder were duly sworn. 
 
 686 to 688 
 
 A communication, appended, marked " C," was received from the 
 Navy Department, transmitting the papers named therein, which 
 
 are appended, marked " " to " " ; those marked " " 
 
 to " ," inclusive, were read. .(.IJI7.Y YVAX MHT 
 
 The medical members were directed to examine into the past and 
 
 present physical and mental condition of Captain S ; letter of 
 
 instructions appended, marked " ." 
 
 
 692 
 
 P ,/M 
 
 Pending the physical examination, the board took a recess (ad- 
 journed) in this case until 2 p. m. March 9, 19 (until 11.30 a. m. 
 this day), when it reconvened; present, the entire board and the 
 officer under examination. 
 
 Medical Director R T. S , the senior medical mem- 
 ber of the board, stated to the board that, in his opinion, Captain 
 
 S is suffering from a chronic inflammation of the heart; that 
 
 his condition is permanent, by reason of which he is incapacitated 
 for active service in the Navy, and that his incapacity is (not) the 
 result of an incident of the service. (Or as the case may be. ) 
 
 Surgeon U V. W , a member, stated to the board that 
 
 he concurred in the opinion expressed by Medical Director R- 
 
 T. S . (Or as the case may be. ) 
 
 ' 
 
 692 
 
 Captain S stated that he did not desire to question the 
 
 medical members, to introduce evidence, or to make a statement. 
 
 He was then discharged from further attendance. 
 
 TT O HI*; 
 
 ban :a-i9<Ins 684; 692 
 
 Var. . requested the board to summon as witnesses the following 
 
 persons. (Insert names.) 
 
PROCEDURE FOR COURTS AND BOARDS. 461 
 
 The request of Captain 8 was granted, and tlie necessary summons 
 
 were issued. Pending the arrival of the witnesses, the board adjourned 
 
 until . 
 
 691 
 
 The board met March , 19 , pursuant to adjournment of the instant. 
 
 Present : The entire board and the officer under examination. 
 
 Medical Director C It , U. S. Navy, a witness in behalf of 
 
 Captain S entered and was duly sworn. 
 
 689 
 
 ('I't'xtinwnu recorded 8 for <lcf<;,.c in general ronrt-martial.) 
 
 The witness verified his testimony and withdrew. 
 
 (The same procedure is followed with regard to all witnesses.} 
 
 Captain S then submitted in evidence certain papers, appended, 
 
 marked " " to " ." 
 
 Or, Captain S desired to take the stand as a witness and duly sworn. 
 
 684 
 
 ' 
 Captain S - had no further evidence to introduce. He withdrew, after 
 
 having been informed that he would receive due notification when he might 
 regard himself as discharged from further attendance before the board. 
 
 692 
 
 
 
 The medical members submitted a report, which was sworn to, 
 
 1 11 1 1 U 
 
 read, and appended, marked . 
 
 692 
 
 The board, having deliberated on the evidence before it, decided 
 that Captain Q - E. S , U. S. Navy, is incapacitated for 
 active service by reason of apoplexy (or, as the case may be) and 
 
 that his incapacity is (not) the result of an incident of the service. 
 if \ / 
 
 Rear Admiral, U. S. Navy, President. 
 D - E. F , 
 
 Captain, U. /S. Navy, Member. 
 
 RC rp 
 b. 1 , 
 
 Medical Director, U. S. Navy, Member. 
 
 G H. K- -, 
 
 Captain, U. S. Navy, Member. ' 
 
 U V. W- - 
 
 Surgeon, U. S. Navy, Member. 
 
 L - M. N- -, 
 Lieutenant, U. S. Navy, Member. 
 
 698; 650 
 
462 PROCEDURE Ft)R COURTS AND BOARDS. 
 
 Var. 1. The board, having deliberated on the evidence Ix-f'ore it, decided 
 
 that Captain Q R. S , U. S. Navy, is temporarily incapacitated for 
 
 active service by reason of malarial poisoning, and recommends that he be 
 granted sick leave for three months. 
 
 Var. 2. The board, having deliberated on the evidence before it, and having 
 decided thereupon that prima facie it appears that the incapacity of Captain 
 Q - R. S - , U. S. Navy, is the result of his own misconduct, he was 
 called before the board and given an opportunity to be heard upon the charges 
 against him, as follows: (Insert charges.) 
 
 Captain S- had nothing. to offer in relation to the charges. (Captain 
 
 S was, at his own request, called before the board and duly sworn as a 
 
 witness. Testimony recorded as for defense in a general court-martial.) (Cap- 
 Jain S asked permission to introduce Mr. J R as his counsel. 
 
 The request was granted, and Mr. R entered.) 
 
 Or, Captain S requested the board to summon the following persons 
 
 as witnesses. (Insert names. ) The request of Captain S was granted and 
 
 the necessary summons issued. Pending the -arrival of the witnesses the board 
 adjourned until . 
 
 The board met March , 19 , pursuant to adjournment of the instant. 
 
 Present: The entire board and the officer under examination (and counsel). 
 
 Medical Inspector C- N , U. S. Navy, a witness called by Captain 
 
 S , was duly sworn. 
 
 (Testimony recorded as for defense in a general court-martial.) 
 
 The witness verified his testimony and withdrew. 
 
 Captain S had no further witnesses to call and had nothing further 
 
 to offer. 
 
 The board was then cleared, and, having deliberated on the evidence before 
 it, decided that Captain Q - R. S , U. S. Navy, is incapacitated for 
 active service by reason of - , and that his incapacity is not the result of 
 an incident of the service, but is the result of his own misconduct. 
 
 697 
 
 Var. 3. The board, having deliberated on the evidence before it, decided 
 
 that Captain Q - R. S , U. S. Navy, is incapacitated for service by 
 
 reason of (state the physical disability), contracted in the line of duty. 
 
 694 to 696 
 
 PRECEPT. 
 
 NAVY DEPARTMENT, 
 
 JNAVY JJEPAKTMENT, 
 
 Washington, March -, 19-. 
 To: Rear Admiral A B. C , U. S. Navy, navy yard, Washington, 
 
 D. C. 
 
 1. A naval retiring board, consisting of yourself, as president, and of Cap- 
 tain D - E. F , U. S. Navy; Medical Director R - S. T , 
 
 U. S. Navy ; Captain G H. K , U. S. Navy ; and Surgeon U - V. 
 
 W , U. S. Navy, as members, is hereby ordered to convene at the navy 
 yard, Washington, D. C., at 10 a. m., March 9, 19 , or as soon thereafter as 
 
 practicable. 
 
 . . ' 
 
 039 ;869 
 
PROCEDURE FOR COURTS AND BOARDS. 463 
 
 2. Lieutenant L M. X , U. S. Navy, will act as recorder. 
 
 3. The board will examine and report upon such officers as may be ordered 
 by the Secretary of the Navy to appear before it, in conformity with the pro- 
 visions of Title XV, chapter 3, of the Revised Statutes and of the act of 
 March 4, 1911. 
 
 4. The board will not examine officers who -are senior to any non-medical 
 member of the board without specific instructions from the Secretary of the 
 Navy in each case. 
 
 5. The proceedings of the board will be conducted and the record forwarded 
 in accordance with the provisions of Naval Courts and Boards. 
 
 Secretary of Hie Nary. 
 
 LETTER TO OEETOER. 
 
 . \ 
 
 NAVY DEPARTMENT, 
 Wuxliinulon, D. C., March , 10 . 
 
 To : Captain Q R. S , U. S. Navy. 
 
 Subject : Examination for retirement. 
 
 1. The board of medical examiners before which you appeared on February 
 , 19 , reported as follows: 
 
 2. The findings and recommendation of the board were approved by the 
 President on February , 19 , and you will therefore proceed to Washington, 
 D. C., and report to the president of the Naval Retiring Board at the navy 
 yard, at 10 a. m., March , 19 , for examination in conformity with Title XV, 
 chapter 3 of the Revised Statutes and the act of March 4, 1911. 
 
 3. Upon the completion of this duty, await orders at Washington, D. C. 
 
 Var. . When incapacity has developed before officer became due for pro- 
 motion. You will proceed to Washington, D. C., and report to the president of 
 the Naval Retiring Board at the navy yard, at 10 a. m., March , 19 , for 
 examination in conformity with Title XV, chapter 3 of the Revised Statutes, etc. 
 
 LETTER TRANSMITTING PAPERS TO BOARD. 
 
 NAVY DEPARTMENT, 
 
 BUBEAU OF NAVGATION, 
 Washington, D. C., March , 19 . 
 
 To : President Naval Retiring Board, navy yard, Washington, D. C. 
 Subject : Transmitting papers in the case of Captain Q R. S , U. S. 
 
 Navy. 
 Inclosures: 3. 
 
 1. Captain Q R. S , U. S. Navy, having been ordered to report 
 
 to you for examination in conformity with Title XV, chapter 3 of the Revised 
 Statutes and the act of March 4, 1911, the bureau transmits herewith all matter 
 found on the files and records of the department which relates in any way to 
 his physical or mental condition, viz : 
 
 One memorandum from the Judge Advocate General of the Navy, dated 
 February , 19 , and papers mentioned therein. 
 
 One record of service and one medical record. 
 
464 PROCEDUKE FOR COURTS AND BOARDS. 
 
 NAVY DEPARTMENT, 
 
 BUREAU OF NAVIGATION, 
 Washington, D. C\, February , 19 . 
 
 Record of service of Captain Q R. S , U. S. Navy : 
 
 19 , May 22 : Appointed midshipman from North Dakota. 
 
 19 , June 1 : Detached June 6, and to the Texan. 
 
 NAVY DEPARTMENT, 
 BUREAU OF MEDICINE ANb SURGERY, 
 Washington, D. C., February , J9 . 
 
 Medical record of Captain Q - R. S , U. S. Navy, since August 
 
 -, 19. 
 
 
 
 Surgeon General, U. S. Navy. 
 
 NAVY DEPARTMENT, 
 OFFICE OF THE JUDGE ADVOCATE GENERAL, 
 
 Washington, February , 19 . 
 Memorandum to the Bureau of Navigation. 
 
 Referring to the bureau's memorandum No. , of February , 19 , inform- 
 ing this office that Captain Q - R. S - -, U. S. Navy has been ordered 
 to appear before a naval retiring board, the bureau is informed that nothing 
 is found of record in this office relating in any way to the physical or mental 
 condition of said officer except the record of proceedings of a board of medical 
 examiners, which Is transmitted herewith (or, as the case may be). 
 
 ' ~ . 
 
 LETTER TO MEDICAL MEMBERS OF BOARD DIRECTING PHTSICAL EXAMI- 
 
 NATION. 
 
 NAVAL RETIRING BOABD, 
 Navy Yard, Washington, March , 19 , 
 From : President Naval Retiring Board, 
 To: Medical Director R - S. T , U, S, Navy, and Surgeon U. < V. 
 
 W - , U. S. Navy. 
 Subject : Examination of Captain Q - R. S - , U. S. Navy. 
 
 1. You will make a careful examination into the past and present physical 
 and mental condition of Captain Q - R. S - , U. S. Navy, whose case 
 has been referred to this board for examination, and report as to his capacity 
 to perform the duties appropriate to his commission, in conformity with Title 
 XV, chapter 3, of the Revised Statutes and the act of March 4, 1911. 
 
 2. Besides a personal examination, you will examine closely all matter trans- 
 mitted to the board in this case by the Bureau of Navigation from the files 
 and records of the Navy Department, and you will also endeavor to obtain 
 
 
PROCEDURE FOR COURTS AND BOARDS. 465 
 
 from any other authentic source within your reach such information as will 
 aid the board in the performance of its duties. This information you will be 
 prepared to impart to the board orally, in the form of an opinion. After hav- 
 ing heard the evidence of the officer undergoing examination, in case he cares 
 to introduce such evidence, you will then report in writing, which shall be in 
 the form of a sworn statement. 
 
 3. In case you find the officer under examination incapacitated for active 
 service you will state whether, in your opinion, his disability is the result of 
 an incident of the service (whether his incapacity was, or was not, contracted 
 in the line of duty). 
 
 A - B. C . 
 
 LETTER FROM MEDICAL MEMBERS TO PRESIDENT OF BOARD. 
 
 NAVAL RETIRING BOARD, 
 Navy Yard, Washington, D. C., March , 19 . 
 
 From : Medical Director R - S. T : , U. S. Navy, and Surgeon U 
 
 V. W , U. S. Navy. 
 To : President Naval Retiring Board. 
 
 Subject : Examination of Captain Q R. S , U. S. Navy. 
 
 1. We have carefully and separately examined Captain Q R. S , 
 
 as to his past and present mental and physical condition, together with the 
 records pertaining to his case, and report as follows : 
 
 Captain S is years old and has been years in the naval service. 
 
 He has suffered from some of the common ailments, including , which 
 
 are shown to have originated in the line of duty (and with , which are 
 
 shown not to have so originated). The foregoing ailments have no bearing 
 (have the following bearing) on his present condition. 
 
 On July , 19 , he was transferred from the Texas to the Naval Hospital, 
 Norfolk, Va., with heart disease, which originated in the line of duty. (The 
 medical history should be here set forth in full. ) 
 
 We believe him to be suffering from a chronic inflammation of the heart. 
 We consider this condition to be permanent, by reason of which he is in- 
 capacitated for active service in the Navy, and that his incapacity is (not) the 
 result of an incident of the service. 
 
 R S. T , 
 
 Medical Director, U. S. Navy. 
 
 U V. W , 
 
 Surgeon, U. S. Navy. 
 Sworn to and subscribed before me, March , 19 . 
 
 T> p 
 
 JJ. \J , 
 
 Rear Admiral, U. S. Navy, President of Board. 
 692 
 
 Var. 1. We find that is suffering from neurasthenia, which, by the 
 
 records, is shown to have originated in the line of duty. 
 
 We consider this condition to be temporary and, therefore, he is not per- 
 manently incapacitated for active service in the Navy. We find that he is at 
 present unfit for duty, and recommend that he be ordered to a naval hospital 
 for treatment and further observation. 
 
466 PROCEDURE FOR COURTS AND BOARDS. 
 
 llflpr. 2. . We find that he is at present unlit lor duty, and recom- 
 mend that he be granted sick leave for three months. 
 
 Var. 3. . We therefore find that is not incapacitated for 
 
 active service. 
 
 Var. J,.lf the officer is being examined because of failure to qualify physi- 
 cally for promotion: 
 
 We consider this condition to be permanent, by reason of which he is in- 
 capacitated for service in the Na\y, and that his incapacity was (not) con- 
 tracted in the line of duty. 
 
 694 
 
 . 
 
 '.<!"" 
 
 . 
 
 ' 
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 .^7B T /L .8 JJ , 8 .JI 
 
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 i 
 
 
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 il-Ail'ff . 
 
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X. 
 
 MARINE EXAMINING BOARDS. 
 
 (Chapter XXI Part I.) 
 
 467 
 
MHAOfl Dtt/IMAM 37 
 
 (.1 ru/I i. 
 

 
 MARINE EXAMINING BOARDS. 
 
 RECORD OF PROCEEDINGS 
 
 OF A 
 
 * I * 
 
 MARINE EXAMINING BOARD 
 
 CONVENED AT 
 
 THE MARINE BARRACKS, NAVY YARD, MARE ISLAND, 
 
 CAL., 
 
 IN THE CASE OF 
 
 FIRST LIEUTENANT X Y. Z , U. S. MARINE CORPS. 
 
 AUGUST 16, 19 . 
 
 82 to 92 
 
 Precept : See form, p. 475. 
 737; 601 
 
 EXAMINING BOARD BOOM, MARINE BARRACKS, 
 Navy Yard, Mare Island, Cal,, August %3, 19*. 
 
 737; 646 
 
 The board met at 10 a. m., August 16, 19, pursuant to an order; 
 copy prefixed, marked "A," 
 (See variation, p. ^37.) 
 Present: 
 
 Major A B. C , U. S. Marine Corps; 
 
 Major D - E. F- . U. S. Marine Corps; 
 Surgeon G ~ H. K - , U, S. Navy; 
 Surgeon L - M. N- , U. S. Navy; and 
 
 Captain O P. Q , U. S. Marine Corps, members; and 
 
 First Lieutenant R S. T , U. S. Marine Corps, recorder. 
 
 469 
 
470 PROCEDURE FOR COURTS AND BOARDS. 
 
 Var. 1. Major D - E. F , U. S. Marine Corps, a member, was 
 absent on account of illness (or other cause). In view of the fact that this 
 was only temporary in its nature, the board adjourned to meet the following 
 day. 
 
 The board met at 10 a. m., August 17, 19 . 
 
 Present: All the members and the recorder. 
 
 Var. 2. Major D - E. F , IT. S. Marine Corps, a member, was 
 absent on account of illness (or otJicr rrr//.vr), which would prevent his attend- 
 ance for an indefinite time. The president, therefore, addressed a letter to 
 the convening authority in the matter, and the board then adjourned to await 
 his further action in the premises., , Copy ( of letter appended, marked " 
 
 First Lieutenant X Y. Z - , U. S. Marine Corps, re- 
 
 ported for examination in obedience to orders,, copy prefixed, 
 
 706; 6*2 
 
 The precept (and orders altering the same were) was (were) read 
 by the recorder, and there was no objection to any member. 
 
 (See 'variation under Naval Examining Board, p. 438.) 
 
 707; 631 
 The board and the recorder were duly sworn. 
 
 708; 709 
 
 The candidate stated that he was ready for examination. 
 The recorder read the medical record of the candidate; appended, 
 marked C." 
 
 715 
 
 The candidate submitted a certificate, appended, marked "D,'' as 
 to his physical qualifications. 
 
 738:787 
 
 The candidate was then directed to report to the board of medical 
 examiners for physical examination, pending which the board took 
 a recess. 
 
 713; 744 tq 745 
 
 The board reassenlbled. Present: All the members, the recorder, 
 and the candidate. 
 
 The report of the board of medical examiners that the candidate 
 is physically qualified for promotion, was read by the recorder, 
 adopted by the board, and appended, marked "E." The medical 
 officers were excused from further attendance. 
 
 713; 714; 716 
 
PROCEDURE FOR COURTS AND BOARDS. 471 
 
 Few. The report of the medical oflicers, that the candidate is not physically 
 qualified for promotion, was read by the recorder, concurred in by the full 
 
 board, and appended, marked " ." The board then resolved itself into 
 
 n. retiring board. {Proceed as in a marine retiring board.) 
 
 718 
 
 The hoard then proceeded with the moral and professional ex- 
 amination of the candidate as follows : 
 
 A communication, appended, marked " ," was received from 
 
 the Commandant of the Marine Corps, transmitting the papers 
 named therein, which were duly considered by the board, and 
 which are appended, marked " " to " ." ,i q 
 
 707; 632 to 633 
 
 Yar The board was cleared. (.1/7 persons slid II- irithdraiv except the 
 
 -, j \ 
 board.) 
 
 The board was opened. The candidate entered and was informed that his 
 mark in general efficiency was unsatisfactory (his moral fitness was not as- 
 sumed) owing to the following adverse evidence of record, which was read by 
 the recorder : 
 
 720; 730 
 
 Copy of general court-martial order, dated June , 19 ; marked " ." 
 Copy of letter of reprimand from the Secretary of the Navy, dated June , 
 19 ; marked " ." 
 
 Report by Colonel 
 
 , U. S. Marine Corps, commanding First 
 
 Islands, dated May 19; marked " ." 
 
 Brigade of Marines, Philippine , , , r - f 
 
 * * * 'W* >> * * * 
 
 The candidate was informed that he would be heard upon the foregoing mat- 
 ters, and he asked permission to introduce P Q as a witness, 
 
 which request was granted. The witness entered and was duly sworn. 
 
 8 7io 
 
 (Record testimony us for ilcfc-iiw in a ycncrnl court-martial.) 
 First Lieutenant Z - had nothing further to offer. (Or, First Lieutenant 
 Z - was, at his own request, called as a witness in his behalf, and duly 
 
 sw r orn. ) 
 
 A -c- a i A iii H .JitajL. i 111- ! i j 
 
 August 17. Subject, administration: began, 11. lo a. m. : ended, 
 
 10 on 
 IZ.oU p. ill. 
 
 * . -i>r o -i i"bi ^W i , i ' v i 
 
 August 17. Subject, drill regulations and signaling: began, 1.30 
 
 .to J 5 to to to? to j . 
 
 p. m. ; ended, 2.25 p. m. 
 
 1 5 I 
 
 August 17. Subject, firing regulations; began, 2.30 p. m. ; ended, 
 4 p. m. 
 
 The candidate was then directed to proceed at daylight (or ax 
 may be) the following morning to make a road ( or position) sketch 
 (locality assigned) and to bring the same before the board at 9 a. m. 
 the next morning, which direction was complied with. 
 
472 PROCEDURE FOR COURTS AND BOARDS. 
 
 August 18. Subject, completing road sketch; began, 9 a. m. ; ended, 
 11 a. m. 
 
 August 18. Subject, fire discipline; began, 11.05 a. m.; ended, 
 
 1O 1 K. 
 
 iz.io p. m. 
 
 Var. The oral examination of the candidate in tire discipline was unsatis- 
 factory, and the board, therefore, proceeded with a written examination in 
 that subject ; appended, marked " ." ( The questions asked and the candi- 
 date's answers shall be appended as written.) 
 
 August 20. Subject, minor tactics; began, 1.80 p. m. ; ended, 
 2.30 p. m. 
 
 August 20. Subject, naval ordnance and gunnery; began, 2.35 
 p. m. ; ended, 4 p. m. 
 
 88r ,722 to 728 
 
 Var. The candidate presented a certificate from the Marine Officers' School 
 
 (or, as the case may be), dated , which was accepted by the board in lieu 
 
 of professional examination, subject to the provisions of section 729, Naval 
 'Courts and Boards. Copy of certificate is appended, marked . 
 
 x 
 
 729 
 
 The candidate was then assigned a problem ; the solution was sub- 
 mitted by the candidate; appended, marked " ." -.'>% to 
 
 The exercises in practical drill were next proceeded with. 
 
 A copy of all questions asked in the several subjects, a description 
 of sketches and problems assigned, and a list of the practical maneu- 
 vers explained and performed, are appended, marked " ." 
 
 The candidate submitted .a certificate, appended, marked " ," 
 
 that he had received no unauthorized assistance. 
 
 738 
 
 
 
 The board assigned the several marks, as follows: 
 
 707. 7Q1 
 
 727, 731 
 
 The board is of the opinion that First Lieutenant X Y. 
 
 Z , U. S. Marine Corps, has the mental, physical, moral, and 
 professional qualifications to perform the duties of the next grade 
 
 (grades) to which he will be eligible, to wit (and ) , 
 
 and does, therefore, recommend his promotion thereto. 
 
 732 to 733 
 
 Var. 1. has the mental, physical, and moral qualifications, but has 
 
 not the professional qualifications to perform the duties of the next grade to 
 which he will be eligible, to wit - , and does not, therefore, recommend 
 his promotion thereto. (Or, as the case may be.) 
 
PROCEDURE FOR COURTS AND BOARDS. 473 
 
 ( \Yhcn the candidate holds the rank of colonel.) 
 
 Var. 2. - has the mental, physical, and moral qualifications to per- 
 form the duties of the next grade to which he will be eligible, to wit , 
 
 and does, therefore, recommend his promotion thereto. 
 
 712 
 
 A B. C . 
 
 ^ Major, U. 8. Marine Corps, President. 
 
 D - E. F , 
 > Major, U. 8. Marine Corps, Member. 
 
 Captain, U. 8. Marine Corps, Member. 
 
 
 
 B S. T , 
 
 First Lieutenant, U. 8. Marine Corps, Recorder. 
 
 <o4: 
 
 ; ' 
 PRECEPT. 
 
 N 7 - D 
 
 It' T , , . ',,. 
 
 Washington. August , ID . 
 From: The Secretary of the Navy. 
 To: Major A - B. C , U. S. Marine Corps, Marine Barracks, Navy 
 
 Yard, Mare Island, California, via commandant. 
 Subject: Convening marine examining board. 
 
 1. A marine examining board, for the examination of such candidates for 
 admission or promotion as may be directed to appear before it, is hereby 
 ordered to convene at the Marine Barracks, Navy Yard, Mare Island, Cali- 
 fornia, at 10 a. m., Monday, August , 19 , or as soon thereafter as prac- 
 ticable 
 
 2. The board will consist of yours,! f as president and of Major D E. 
 
 F , U. S. Marine Corps; Surgeon G - II. K , U. S. Navy; Sur- 
 geon L M. N , U. S. Navy ; and Captain O P. Q , U. S. 
 
 Marine Corps, as members. 
 
 3. First Lieutenant R- - S. T- - U. S. Marine Corps, will act as 
 recorder. 
 
 4. The proceedings of the board will be conducted and the record forwarded 
 in accordance with the provisions of Naval Courts and Boards. 
 
 705 
 
 MEDICAL, CERTIFICATE OF CANDIDATE. 
 
 ( \ : ' 
 
 MARINE BARRACKS, NAVY YARD, 
 Mare Island, California, August , 19 . 
 
 I hereby certify that I am, to the best of my knowledge and belief, physically 
 qualified to perform all the duties pertaining to the rank to which I am a candi- 
 date for promotion, and that I am at present free from all bodily ailments 
 (except ), 
 
 First Lieutenant, U. S, Marine Corps. 
 738 
 
474 PROCEDURE FOR COURTS AND BOARDS. 
 
 CERTIFICATE OF CANDIDATE AT CONCLUSION OF EXAMINATION. 
 
 MARINE BARRACKS, NAVY YARD, 
 
 Mare Islaml, Cul., Auf/iixt , 19 . 
 
 I hereby certify that during my examination just concluded I have received 
 no assistance from any unauthorized source. 
 
 First Lieutenant, U. S. Marine Corps. 
 738 
 
 LETTER FROM PRESIDENT TO MEDICAL MEMBERS WHEN BOARD RESOLVES 
 ITSELF INTO A RETIRING BOARD. 
 
 MARINE BARRACKS, 
 Navy Yard, Mare Island, Cal., August , 19 . 
 
 From : Major A B. C , president marine examining board. 
 
 To : Surgeon G H. K , U. S. Navy, and Surgeon L M. N , 
 
 U. S. Navy. 
 
 Subject : Examination into the past and present physical condition of Lieutenant 
 X - Y. Z , U. S. Marine Corps. 
 
 1. You will make a careful examination into the past and present physical 
 condition of First Lieutenant X - Y. Z , U. S. Marine Corps,, whose 
 case has been referred to this board for examination and report as to his 
 capacity to perform the duties appropriate to his commission, in conformity 
 with Title XJV, chapter 2, of the Revised Statutes of the United States. 
 
 2. Besides a personal examination, you will examine closely all matter trans- 
 mitted to the board in this case by the Commandant of the Marine Corps from 
 the files and records of his headquarters and from those of the Navy Depart- 
 ment, and you will also endeavor to obtain from any other authentic source 
 within your reach such information as will aid the board in the performance of 
 its duties, and will report the result in writing. 
 
 3. In case you find the officer under examination incapacitated for active 
 service, you will state whether, in your opinion, his disability is the result of 
 an incident of the service. 
 
 718; 762 
 
 . 
 
 REPORT OF MEDICAL MEMBERS TO BOARD WHICH RESOLVES ITSELF INTO 
 
 RETIRING BOARD. 
 
 (See form of report under marine retiring board, which shall also 
 l)e used by examining boards, p. 481.) 
 
 
 ' 
 
 
XL 
 
 MARINE RETIRING BOARDS. 
 
 (Chapter XXII Part I.) 
 
 475 
 
 26450 17 31 
 
IHITH/l 
 

 
 >ov 
 MARINE RETIRING BOARDS. 
 
 EECOKD OF PROCEEDINGS 
 
 UJ J 
 
 OF A 
 
 MARINE RETIRING BOARD 
 
 CONVENED AT 
 
 THE MARINE BARRACKS, WASHINGTON, D. C., 
 
 IN THE CASE OF 
 
 FIRST LIEUTENANT X Y. Z -, U. S. MARINE CORPS, 
 
 JUNE 1, 19. 
 
 82 to 92 
 
 Precept : See form, p. 4 80. 
 767; 651 
 
 MARINE RETIRING BOARD, 
 Marine Barracks, Washington, June 2, 19 . 
 
 767; 646 
 
 The board met at 10 a. in. June 1, 19 (this day), pursuant to an 
 order, copy prefixed, marked "A."' 
 See Variation, page 437.} 
 Present : 
 
 Colonel C - B. A- , U. S. Marine Corps; 
 Medical Inspector F - D , U. S. Navy; 
 
 Major K H. G- IT. S. Marine Corps; 
 
 Major N - M. L , U. S. Marine Corps; and 
 
 Surgeon Q - P. O , U. S. Navy, members; and 
 
 First Lieutenant T- - S , U. S. Marine Corps, recorder. 
 
 748 to 752 
 
 First Lieutenant X Y. Z , U. S. Marine Corps, re- 
 ported in obedience to an order, copy prefixed, marked " B." 
 
 746; 753 
 
 477 
 
478 PROCEDURE FOR COURTS AND BOARDS. 
 
 The precept was read by the recorder, and there was no objection to 
 any member. 
 
 (See Variation, page 438.) 
 
 755; 685 
 
 The board and the recorder were duly sworn, \L 
 
 757; 758 
 
 A communication appended, marked " C," was received from the 
 Commandant of the Marine Corps, transmitting the papers named 
 therein, which are appended, marked " - " to " - ." Those 
 marked %< -- " to " - ," inclusive, were read. 
 
 The medical officers were directed to examine into the past and 
 present physical condition of First Lieutenant Z , letter of in- 
 structions appended, marked " 
 
 I I*//// .fc>rx/.JIJIA'I MZIHAM HUT 
 762 
 
 Pending the physical examination, the board took a recess (ad- 
 journed) in this case until 2 p. m., June 1, 19 (until 11.30 a, m., 
 this day), when it reconvened; present, the entire board and the 
 officer under examination. 
 
 First Lieutenant X - Y. Z , U. S. Marine Corps, was 
 asked whether he wished to be retired, and replied in the affirmative. 
 
 763 
 
 He was then duly sworn as a witness. 
 
 759 
 
 Examined by the recorder (by the board) : 
 
 1. Q. State the nature of your disability, its cause, and how long 
 
 & j -e * 
 you have suffered from it. 
 
 A * * * 
 
 - \ . 
 
 (The witness may submit a written statement^ to be read and ap- 
 
 pended to the record.) 
 
 # # * , -j * * * * 
 
 Medical inspector F - D - , U. S. Navy, a member of the 
 board, was duly sworn : 
 
 759 
 
 Examined by the recorder (board) : 
 
 1. Q. Please submit to the board the result of your examination of 
 First Lieutenant Z -- . 
 
 A. The witness submitted a written report, signed by himself and 
 by Surgeon Q -- P. O -- , U. S. Navy, also a member of the 
 board, which was read and appended, marked " - ." 
 
 IT! 
 
PROCEDURE FOR COURTS AND BOARDS. 479 
 
 2. Q. From what cause does First Lieutenant Z 's disability 
 
 proceed ? 
 j^ * * * 
 
 3. Q. Is the disability permanent? 
 A * * * 
 
 4. Q. Is First Lieutenant Z 's disability such as to incapaci- 
 tate him for active service ? 
 
 A. * * * 
 
 First Lieutenant Z - stated that he had no questions to ask 
 (asked the following questions:). 
 
 764 
 
 Surgeon Q P. O , IT. S. Navy, a member of the board 
 
 was duly sworn : 
 
 1. Q. From what cause does First Lieutenant Z 's disability 
 proceed ? 
 
 A. * * * etc. 
 
 764 
 
 (In case the officer before the 'board has stated that he does not 
 desire retirement his examination by the recorder or the board is 
 postponed until this point.) 
 
 763 
 
 - 
 
 First Lieutenant Z stated that he did not desire to rebut 
 
 the evidence of the medical officers, or to take the stand as a witness 
 in his own behalf. He was then discharged from further attendance. 
 Var. See variations under naval retiring board, pp. 400-401. 
 
 765; 684 
 
 The board, having deliberated on the evidence before it, decided 
 that First Lieutenant X - Y. Z , IT. S. Marine Corps, is 
 
 incapacitated for -active service by reason of (state reason), 
 
 and that his incapacity is (not) the result of an incident of the 
 service. 
 
 7fift 
 
 Var. 1. (In the case of a candidate for promotion). The board, having de- 
 liberated on the evidence before it, decided that Lieutenant X - Y. Z , 
 
 U. S. Marine Corps, is incapacitated for active service by reason of (state the 
 physical disability) contracted (not) in the line of duty. 
 
 718; 742 
 
 Var. 2. decided that First Lieutenant , U. S. Marine Corps, 
 
 'is not incapacitated for active service. 
 
480 PROCEDURE FOR COURTS AND BOARDS. 
 
 Var. 3. decided that is temporarily incapacitated for active 
 
 service by reason of malarial poisoning, contracted (not) in line of duty, and 
 
 recommends that he be granted sick leave for months. 
 
 C P>. A -, 
 
 Colonel, U. K. Marine Corps, President. 
 
 F - D , 
 Medical ]n*pl<,;; I . X. Nftry, Member. 
 
 Major, U. 8. Marine Corps, Member. 
 
 N M. L , 
 
 Major, V. >S'. Mariiic Corps, Manlier. 
 
 Q - P. O 
 Surgeon, U. 8. Navy, Member. 
 
 T - S. R , 
 First TAeutenant, U. >Sf. Marine Corps, Recorder. 
 
 767 
 
 PKECEPT. 
 
 NAVY DEPARTMENT, 
 Washington, May , 11) . 
 From: The Secretary of the Navy. 
 
 To: Colonel C B. A , U. S. Marine Corps, Marine Barracks, Wash- 
 ington, D. C. 
 Subject : Convening Marine Retiring Board. 
 
 1. A marine retiring board, consisting of yourself as president, and of Medi- 
 cal Inspector F D -, U. S. Navy ; Major K H. G , U. .S. 
 
 Marine Corps; Major N M. L , U. S. Marine Corps; and Surgeon 
 
 Q P. O , U. S. Navy, members, is hereby ordered to convene at 
 
 the Marine Barracks, Washington. D. C., at 10 a. m. Monday, June 1, 19 , or 
 as soon thereafter as may be practicable. 
 
 2. First Lieutenant T S. R , U. S. Marine Corps, will act as 
 recorder. 
 
 3. The board will examine and report upon such officers as may be ordered by 
 the Secretary of the Navy to appear before it, in conformity with sections 1622 
 and 1623, and Title XIV, chapter 2, of the Revised Statutes. 
 
 4. The board will not examine officers who are senior to any non-medical 
 member of the board without specific instructions from 'the Secretary of the 
 Navy in each case. 
 
 5. The proceedings of the board will be conducted and the record forwarded 
 in accordance with the provisions of Naval Courts and Boards. 
 
 LETTER TO OFFICER. 
 
 NAVY DEPARTMENT, 
 Washington, May , 19. 
 From : Secretary of the Navy. 
 
 To : First Lieutenant X Y. Z , U. S. Marine Corps. 
 
 Subject : Orders to appear before a retiring board. 
 
 1. Proceed to Washington, D. C., and report to Colonel C V. A , 
 
 U. S. Marine Corps, president of a marine retiring board, at the marine bar- 
 racks, at 10 a. m., Monday, June 1, 19 , for examination in conformity with 
 
PROCEDURE FOR COURTS AND BOARDS. 481 
 
 sections 1622 and 1623, and Title XIV, chapter 2, of the Revised Statutes of 
 the United States. 
 2. Upon completion of this duty await orders at Washington, D. C. 
 
 LETTER TO MEDICAL MEMBERS OF THE BOARD. 
 
 (See letter from president of marine examining board to medical 
 members when that board resolves itself into a retiring board, 
 page 4'<4-) 
 
 REPORT OF THE MEDICAL MEMBERS TO THE BOARD. 
 
 MARINE BARRACKS, Washington, June 8, 19 . 
 
 (Surname.) (Christian name.) 
 
 (Rank.) 
 
 -lln 19-. 
 Years of service, j 
 
 (This form is intended as a general guide only and should in no 
 way restricted the scope of the inquiry, which should be as thorough 
 as possible.} 
 
 History of the case (obtained from the officer before the board] : 
 
 PRESENT CONDITION. 
 
 Vision: Right eye, 
 
 Left eye, . 
 
 Right eye corrected to by 
 
 Left eye corrected to by 
 
 Hearing: Right ear, ___: 
 
 Left ear, 
 
 Pulse: Rate, 
 
 Quality 
 
 Condition of arteries, 
 
 Figure and general appearance, 
 
 Weight, pounds ; height, inches. 
 
 Chest measurement: At expiration, inches. 
 
 At inspiration, inches. 
 
 Mobility, 
 
 Bones and joints, 
 
 Skin, 
 
 Nervous system, 
 
 Respiratory system, 
 Veins, 
 
 Varicocele, 
 
 Varicose veins, 
 
482 PROCEDURE FOR COURTS AND BOARDS. 
 
 Digestive system, 
 
 Hernia, 
 
 Genitourinary system, 
 
 Is he incapacitated for active service? 
 
 Nature and degree of disability, 
 
 How does it incapacitate? 
 
 Is it permanent? 
 
 Is the incapacity the result of an incident of service? 
 
 , . . avy. 
 
 - , U. JS. Navy. 
 
 
 I nl, 
 
 
 
 
 
 
 
 

 INDEX. 
 
 (Numbers refer to sections except where otherwise indicated.) 
 
 Accident involving loss of life 496 
 
 Accident involving serious damages 497 
 
 Accused. (See under General court-martial, etc.) 
 As a witness. (See Witness.) 
 Counsel for. (See Counsel for accused.) 
 
 Acquittal, forms of 323 
 
 Adjournment 361 
 
 Admissibility of evidence. (See Evidence.) 
 
 Admissions 120 
 
 Admissions in open court 111 
 
 Affidavits 185 
 
 Arguments 313-317 
 
 Arraignment. (See under General court-martial, etc.) 
 
 Arrest 42-52 
 
 Limits of : 45 
 
 Officers under 44, 46, 49, 50 
 
 Release of officers from 52 
 
 Articles for the Government of the Navy 6 
 
 Articles for the Government of the Navy, together with subsequent 
 
 statutory enactments relating thereto pp. 25-46 
 
 Attachment, warrant of 131, p. 377 
 
 Bad conduct discharge 459 
 
 Execution of 463 
 
 Board of inquest 596-608, pp. 431-433 
 
 By whom ordered 596 
 
 Constitution '. 597 
 
 Opinion 605 
 
 Precept 598, p. 433 
 
 Procedure 599-604 
 
 Record of proceedings 606 
 
 Reviewing authority 608 
 
 Revision 607 
 
 Witnesses 602-603 
 
 Board of investigation 582-595, pp. 426-428 
 
 By whom ordered 582 
 
 Constitution 584 
 
 Findings and opinion 592 
 
 Oaths 587 
 
 Parties to, rights of 589 
 
 Powers of 586 
 
 Precept : 585, p. 428 
 
 Procedure 588,591 
 
 483 
 
484 INDEX. 
 
 Board of investigation Continued. 
 
 Record of proceedings 593 
 
 Reviewing authority 595 
 
 Revision 594 
 
 When ordered 1 583 
 
 Witnesses 590 
 
 Board of medical examiners 663-678, 744-745, pp. 451-455 
 
 Convening authority 666 
 
 Constitution 665,668 
 
 Final action _'. 678 
 
 Finding and recommendation 073-075,663-604 
 
 Oaths 669 
 
 Precept p., 453 
 
 Procedure - i 669-672 
 
 Record 676 
 
 Revision lo-s 677 
 
 Board, marine examining. (See Marine examining board.) 
 
 Board, marine retiring. (See Marine retiring board.) 
 
 Board, naval examining. (See Naval examining board.) 
 
 Board, naval retiring. (See Naval retiring board.) 
 
 Boards, in general 556-567 
 
 Findings and opinion 565-567 
 
 Interpreter 562 
 
 Members, absence of 558-561 
 
 Members, precedence of 556 
 
 Recorder 563-564 
 
 Senior member 557 
 
 Bread and water. (See Confinement.) 
 
 Burden of proof 105 
 
 Candidate. (See under Naval examining board, etc.) 
 
 Candidate for appointment . 626-628 
 
 Candidate for appointment, physical examination of 667-668 
 
 Challenge 277-282 
 
 Charges and specifications, in general 53-81 
 
 Abbreviations in 68 
 
 Additional 58 
 
 Alterations in 55-57 
 
 Definition 53 
 
 Duplication of 61 
 
 Errors in 56 
 
 Framing of__ lit 54; 62-78 
 
 Specimen forms of pp. 83-133 
 
 Charges and specifications. (See also under General court-martial, etc.) 
 
 Civil authorities, delivery of men to 29 
 
 Civil authorities, service of subpoenas by - 29 (18) 
 
 Clemency, recommendation to 357 
 
 Clerical assistance - 269-273 
 
 Closed court 150 
 
 Coast and Geodetic Survey Service _ 25,224 
 
 Coast Guard 25, 224 
 
 Collision with merchant vessel. (See Merchant vessel.) 
 
 Complainant. (See under Court of inquiry, etc.) 
 
 Complaints 34-38 
 
INDEX: 485 
 
 Confessions 120 
 
 Confinement of enlisted men awaiting trial 51 
 
 Confinement of officers 48 
 
 Confinement, on bread and water 353,446 
 
 Confinement, sentence involving 348, 349, 352, 444,445 
 
 Contempt of court 170-174 
 
 Convening authority. ( See under General court-martial, etc. ) 
 
 Corpus delicti 102 
 
 Corrections in record, how made 88 
 
 Corrections, of testimony, how made 89 
 
 Counsel for accused 265-268 
 
 Counsel for judge advocate , * 260-262 
 
 Court of inquiry 494-555, pp. 409-420 
 
 Clerk, stenographer, and interpreter 514 
 
 Complainant 506, 508 
 
 Constituiton 499-502 
 
 Convening authority 498 
 
 Defendant-! U 507,512 
 
 Dissolution ^ 545 
 
 Findings and opinion 533-537 
 
 Interested party 507, 512 
 
 Judge advocate 505 
 
 Oaths 528-532 
 
 Orderly 515 
 
 Parties to the inquiry 506-513 
 
 Precept 503, pp. 417-420 
 
 President 504 
 
 Procedure 516-527 
 
 Record of proceedings 538-542 
 
 Reviewing authority 544 
 
 Revision 543 
 
 When convened 494-497 
 
 Witnesses. (See Witnesses.) 
 
 Court of inquiry, in case of loss or grounding of a ship 546-555 
 
 Court-martial 4 
 
 Place of meeting 215 
 
 Sessions of 216-217 
 
 Court-martial. (See General court-martial, etc.) 
 
 Court-martial orders : 7, 387 
 
 Courts, exceptional military : 13,14 
 
 Criminal intent. (See Intent.) 
 
 Criminating questions : 159, 162-165 
 
 Customs of the service : 7 
 
 Death, sentence to 337 
 
 Decisions, of courts 7 
 
 Decisions, of President, Secretary of the Navy 7 
 
 Deck court 467-493, pp. 45-46, 403-405 
 
 Accused, consent of necessary :=. 476 
 
 Constitution 468-469 
 
 Convening authority 467 
 
 Deck court officer _ 472-473 
 
 Finding 482 
 
 Oaths 478-479 
 
 _ 
 
486 'INDEX. 
 
 Deck court Continued. 
 
 Postponement 480 
 
 Previous convictions 483 
 
 Procedure 481 
 
 Record of proceedings 490-493 
 
 Recorder : 474-475 
 
 Reviewing authority 486-489 
 
 Sentence 484-485 
 
 Execution of 486 
 
 Specifications 470-471 
 
 Deck court officer. ( See under Deck court. ) 
 Defendant. (See under Court of inquiry.) 
 
 Degrading questions 160, 162-165 
 
 Depositions 178-183, pp. 375-376 
 
 Digest, index 8 
 
 Digest, naval 8 
 
 Discharge, sentence to 348-350 
 
 Dismissal, sentence to ! 338-339 
 
 Disrating, classification for 449 
 
 Disrating, sentence to 346-347 
 
 Documentary evidence, definition 1 186 
 
 Documentary evidence, method of introducing 187 
 
 Documentary evidence, objection to admission of 188 
 
 Documents, alterations in 189 
 
 Documents, evidence as to contents of 190 
 
 Documents, how attached to record 84, 203 
 
 Documents, introduced in full 191 
 
 Documents, private _' 199 
 
 Documents, public 194-198 
 
 Dying declarations 119 
 
 Evidence, admissibility of 112-120 
 
 As to character 214 
 
 Circumstantial 97 
 
 Conclusive 98 
 
 Cumulative 211 
 
 Definition of 93 
 
 Determination of rules of 94-95 
 
 Direct 97 
 
 In aggravation 212-213 
 
 In extenuation 214 
 
 Opinion ^ 146 
 
 Order of introducing 205 
 
 Prima facie 98 
 
 Real 96 
 
 Weighing 20&-210 
 
 Written 96 
 
 Examining boards. (See Naval examining board, etc.) 
 
 Exceptional military courts 13, 14 
 
 Expert testimony 146 
 
 Extra police duties 443 
 
 Fees of witnesses ! 132, pp. 378-381 
 
 Findings. (See under General court-martial, etc.) 
 
 Former jeopardy 298 
 
 
INDEX. 487 
 
 General court-martial 215-390, pp. 339-383 
 
 Accused 263-264 
 
 Arraignment 292 
 
 Challenge. (See Challenge.) 
 
 Charges and specifications 232-235 
 
 Clerk, stenographer, or interpreter 269-273 
 
 Constitution 219-227 
 
 Convening authority 218 
 
 Counsel for accused , 265-268 
 
 Counsel for judge advocate 260-262 
 
 Dissolution 389, p. 383 
 
 Findings 318-325 
 
 Judge advocate 250-259 
 
 Limitation of punishment of 390 
 
 Members 236-247 
 
 Oaths 283-290 
 
 Pleas. (See Pleas.) 
 
 Postponement 291 
 
 Precept 228-231, pp. 343, 367 
 
 Preliminary motions. (See Preliminary motions.) 
 
 President 248-249 
 
 Previous convictions. (See Previous convictions.) 
 
 Provost marshal, guard, orderlies 274-275 
 
 Record of proceedings 358-371 
 
 Reviewing authority 382 
 
 Revision 372-381 
 
 Sentence 335-356 
 
 Execution of 382 
 
 Witnesses. (See Witnesses.) 
 
 General court-martial, recommendation for trial by 40 
 
 General intent. (See Intent.) . * 
 
 Grounding of a ship. (See Court of inquiry in case of grounding of a 
 ship.) 
 
 Guilty, plea of 301, 306-308 
 
 Guilty in a less degree than .charged, plea of 302 
 
 Guilty without criminality 304 
 
 Habeas corpus, brief to be filed with return to 33 
 
 Habeas corpus proceedings 29 (4-8) 
 
 Habeas corpus, return to, when issued by a Federal court ^ 30 
 
 Habeas corpus, return to, when issued by a State court 32 
 
 Habeas corpus, writ of : 29 (4-8) 
 
 Handwriting, proof of 146 
 
 Hazing . 391, 395-398 
 
 Hearsay rule 114-117 
 
 Immediate superior in command 459 
 
 Imprisonment, sentence of 339, 351 
 
 Incident to the service 695 
 
 Incompetency 81, 448 
 
 Index for lengthy cases 91 
 
 Index-Digest 8 
 
 Inquest. (See Board of inquest.) 
 Inquiry. (See Court of inquiry.) 
 
488 INDEX. 
 
 Inquiry into loss or grounding of a ship 546-555 
 
 Intent, criminal 104 
 
 Intent, general 104 
 
 Intent, specific.-. _ 104 
 
 Interested party. (See under Courts of inquiry.) 
 
 Interpreter _ 562 
 
 Investigation _ 568-581, pp. 423-426 
 
 Authority for 569 
 
 By whom ordered 568' 
 
 Findings -- I , 578 
 
 Oaths _ 571-573 
 
 Parties to . 575 
 
 Precept 570, pp. 424-425 
 
 Procedure 574, 577 
 
 Record 579 
 
 Witnesses 576 
 
 Investigation, board of. (See Board of investigation.) 
 
 Jeopardy, former : 298 
 
 Judge advocate. (See under General court-martial, etc.) 
 
 Judicial notice 110 
 
 Jurisdiction :___, 20 
 
 As to persons 25 
 
 As to place 23 
 
 As to offenses : 26 
 
 As to time 24 
 
 Jurisdiction, appellate 
 
 Jurisdiction, concurrent 27 
 
 Jurisdiction, lack of 296 
 
 Jurisdiction, military 1 
 
 Leading questions- 147 
 
 Liberty, deprivation of 447 
 
 Lighthouse service 25, 224 
 
 Limitations of punishment _. 390 
 
 Line of duty 609-612 
 
 Loss of numbers, sentence to 342 
 
 Loss of pay, checkage of 464 
 
 Loss of pay, sentence to 340,348,349,4-42 
 
 Loss of seniority, sentence to 343 
 
 Loss of ship. (See under Court of inquiry in case of loss or ground- 
 ing of a ship.) 
 
 Marine Corps serving with Army _: p. 46 
 
 Marine examining board 701-743, pp. 469-474 
 
 Board of medical examiners in connection therewith 713, 744-745 
 
 Candidate 706 
 
 Constitution 702 
 
 Convening authority 701 
 
 Final action 741-743 
 
 Finding and recommendation 732-736 
 
 Form of examination 712 
 
 Moral fitness ; 1 719-721 
 
 Oaths ~ 708-710 
 
INDEX. 489 
 
 Marine examining board-Continued. 
 
 Physical and mental fitness 713-718 
 
 Precept - 705, p. 473 
 
 Procedure 707 
 
 Professional examination _ 722-731 
 
 Record 737-739 
 
 Revision 740 
 
 Witnesses __ ___ _ _____ 741 
 
 Marine retiring board 746-771, pp. 477-482 
 
 Constitution 748-752 
 
 Convening authority 747 
 
 Final action 7G9-771 
 
 Finding _ _ 766 
 
 Oaths 756-759 
 
 Officer before board 753-755 
 
 Powers of _ 760-761 
 
 Precept p. 480 
 
 Procedure 762-765 
 
 Record 767 
 
 Revision 768 
 
 When ordered 746 
 
 Martial law 1, 10, 12, 15 
 
 Medical certificate 364 
 
 Medical examiner GGS, p. 454 
 
 Medical examiners. (See Board of medical examiners.) 
 Members. (See under General court-martial.) 
 
 Members, absence of 87 
 
 Memoranda, use of in evidence 145 
 
 Merchant vessel, collision with 583 
 
 Midshipmen, triable by court-martial for hazing 391 
 
 Midshipmen, triable by general court-martial 400 
 
 Military commission 13, 14 
 
 Military courts, exceptional 13, 14 
 
 Military government 1, 10, 11, 15 
 
 Military jurisdiction 1 
 
 Military law 1, 2 
 
 Misconduct, .defined 613 
 
 Misconduct, disqualified for promotion by reason of 656 
 
 Misconduct, inquiry into complaints of 34 
 
 National Naval Volunteers 25, 224 
 
 Naval Academy court-martial 391-400 
 
 Naval Digest 8 
 
 Naval examining board 614-662, pp. 437-447 
 
 Candidate 620-625 
 
 Candidate for appointment 626-628 
 
 Constitution 616 
 
 Convening authority ^__ 615 
 
 Final action . 654-656 
 
 Finding and recommendation 643-645 
 
 Oaths 636-638 
 
 Precept 619, p. 443 
 
 Procedure 629-635 
 
 Record _ 646-652 
 
490 INDEX. 
 
 Naval examining board Continued. 
 
 Revision 653 
 
 When convened 614 
 
 Witnesses 639-642 
 
 Naval examining board, supervisory. (See Supervisory board for 
 examination. ) 
 
 Naval law 3 
 
 Naval law, sources of 5 
 
 Naval Militia 25, 224 
 
 Naval Reserve Force 25, 224 
 
 Naval Retiring Board _. _ 679-700, pp. 459-466 
 
 Constitution _ 681-682 
 
 Convening authority _ 680 
 
 Final action 700 
 
 Finding _ 693-697 
 
 Oaths _ 686-689 
 
 Officers before board ___ 683-685 
 
 Procedure _ 690-692 
 
 Record 698 
 
 Revision 699 
 
 When ordered 679 
 
 Navy Regulations 6 
 
 Nolle prosequi 60 
 
 Nolo contendere, plea of 303 
 
 Not guilty, plea of 301 
 
 . 
 
 Oaths. (See under General court-martial, etc.) 
 
 Oaths, officers authorized to administer 184 
 
 Offenses pp. 83-133 
 
 Offenses, minor 37 
 
 Offenses triable by deck court 471 
 
 Offenses triable by summary court-martial 412 
 
 " Officers " construed p. 86 
 
 Official records, preliminary examination of, by private parties . 29 (18) 
 
 Official records, production of in civil courts 29 (18) 
 
 Opinion. (See under Court of inquiry ; Board of investigation ; etc.) 
 Opinion evidence. (See Evidence.) 
 
 Opinions 7 
 
 Orderlies - 276, 426 
 
 Pardon 299 
 
 Perjury - - 79 
 
 Pleas to the issue - 301-310 
 
 Change of 309 
 
 Guilty - 301, 306-308 
 
 Guilty in a less degree than charged 302 
 
 Guilty without criminality 304 
 
 Nolo contendere 
 
 Not guilty 301 
 
 Rejection of 310 
 
 Standing mute 305 
 
 Postponement. (See under General court-martial, etc.) 
 
 Precept. (See under General court-martial, etc.) 
 
INDEX. 491 
 
 Precept, modifications of 86 
 
 Preliminary motions 294-300 
 
 Presumptions __* 107-100 
 
 Previous convictions. (See Record of previous convictions.) 
 
 Prison, designation of 338 
 
 Privileged questions 155-165 
 
 Proclamation of military government p. 21 
 
 Provost court 13,14 
 
 Provost court, superior 13, 14 
 
 Provost marshal 274-275 
 
 Public Health Service 25, 224 
 
 Public reprimand, sentence to 344 
 
 Punishment, limitations of. (See Limitations of punishment.) 
 
 Reasonable doubt 106 
 
 Rebuttal 206 
 
 Recess 361 
 
 ftecord, corrections in, how made 88 
 
 Record, making up 82-92 
 
 Record of previous convictions 326-334 
 
 Record of proceedings. (See under General court-martial, etc.) 
 Recorder. ( See under Summary court-martial and deck courts. ) 
 
 Recorder of boards 563-564 
 
 Reduction in rating, sentence to. (See Disrating.) 
 
 Report of deserters 195 
 
 Reports 34-38 
 
 Res gestae 117 
 
 Restriction, sentence to 341 
 
 Retiring board. (See Naval retiring board; Marine retiring board.) 
 Reviewing authority. (See under General court-martial, etc.) 
 Revision.- (See under General court-martial, etc.) 
 
 Sentence. (See under General court-martial, etc.) 
 
 Service record 195 
 
 Specifications. (See Charges and specifications.) 
 
 Standing mute . 305 
 
 Statement 311, 312, 315, 316 
 
 Statutes of limitations 24,297 
 
 Stenographer 269-27$ 
 
 Subpoena for civilian witness 124, p. 373 
 
 SubpO2na for civilian witness, refusal to obey 130 
 
 Subpoena for civilian witness, service of__ - 129 
 
 Subpoena duces tecum __^ 202, p. 374 
 
 Subpoenas, service of, by civil authorities _._ 29 (18) 
 
 Summary court-martial 401-466, pp. 389-399 
 
 Accused 423 
 
 Arraignment 433 
 
 Clerk, stenographer, and interpreter 425 
 
 Constitution 404-408 
 
 Convening authority 402-403 
 
 Counsel for accused 424 
 
 Dissolution 466 
 
 Findings 430 
 
 26450 17 32 
 
492 INDEX. 
 
 Summary court-martial Continued. 
 
 Members ______________________________________________________ 415-41G 
 
 Oaths ________________________ ____________________ 428-431 
 
 Orderly, _________ _ _________ 420 
 
 Postponement __________________ 432 
 
 Precept _______________ 409, p. 3,S9 
 
 Record of proceedings ________ _ 454-4.-,.-, 
 
 Recorder __________________________ _ 418-422 
 
 Reviewing authority ___________ 45s 4,;.-, 
 
 Revision _______________________ 456-457 
 
 Senior member _____ ___ : ________ ___ _________ 417 
 
 Sentence _____________________ 4-J 1 45-j 
 
 Sentence, execution of _______ 159 
 
 Sessions ______________ _ _________ 401 
 
 Specifications ________ m>-414 
 
 Witnesses ___________________ 437 
 
 Summons for naval witness ______________ __ ._-_ _____ _____ 123. i>. 373 
 
 " Superior officer " construed _____ _ p. 86 
 
 Superior provost court ______________ 13. 14 
 
 Supervisory board for examination ____ C,57-('r,2. pj. 444-447 
 
 Surrebuttal ______ _ ________________ 207 
 
 Suspension, limits of ________________ 47 
 
 Release of officers from ___________ 52 
 
 Sentence to 345 
 
 . 
 
 Testimony, correction of, how made ______ 89 
 
 Testimony, verification of _______________ 175-176 
 
 Transcript of record of deck court 489 
 
 Transcript of record of summary c<urt-m;n-ti:f' 4<?5 
 Trial in loinder 
 
 Arraignment under ___ 1__ _____ 293 
 
 Finding and sentence under _________ 324 
 
 of members, not to be disclosed _______ 1 ----------- _l- 452 
 
 Voting ______________________________ _ _______________________________ 238 
 
 _ 
 
 Waiver, by candidate of right -to appear before a statutory examin- 
 
 ing board ___________________________________ = ____________ 0(>1. p. 447 
 
 Warrant of attachment _____________________________ ______ 131. p. 377 
 
 Witness accused as ________ __________________ 13S. 161 
 
 Witness, judge advocate as_ ________________ 139 
 
 Witness, member as _____________________ 139 
 
 Witnesses, competency of ___________ ^ ________ _ 1-53- 139 
 
 Conversation by. on matters pertaining f< iriai _____ 177 
 
 Credibility of _____________________________________ 135 
 
 Cross-examination of _____________________ 151 
 
 Direct examination of _____ 142 
 
 Examination of 1 i<. 141 
 
 Fees of ___________________ 1-32 
 
 Impeachment of ____________________ 
 
 In contempt ______________________________________ 
 
 Recross-examination of !->- 
 
INDEX. 493 
 
 Witnesses, competency of Continued. 
 
 Redirect examination of 152 
 
 Subpoenaing of civilian 124,-129 
 
 Summoning of expert 125 
 
 Summoning of, for character 125 
 
 Summoning of, for defense 126 
 
 Summoning of, in general _ 122-132 
 
 Summoning of naval 123 
 
 Witnesses. ( See under Summary court-martial ; etc. ) 
 
 Writ of habeas corpus. (See Habeas corpus.)' 
 
CHANGES 
 
 IN 
 
 NAVAL COURTS AND 
 BOARDS: 191 7 
 
 No. I 
 
 NAVY DEPARTMENT, 
 Washington, D. C\, 16 March, 1918. 
 
 The following changes in Naval Courts and Boards, 1917, shall be made 
 immediately upon receipt of this order. 
 
 JOSEPHUS DANIELS, 
 Secretary of the Navy. 
 
 WASHINGTON 
 
 GOVERNMENT PRINTING OFFICE 
 1914 
 
. SOU/ 
 
 a UOD JAVAH 
 
 
 
 
 

Page 18. Between twelfth and thirteenth lines, insert the sentence 
 "If consisting of less than five members the convening order should 
 specifically state that no other officers can be summoned without 
 serious prejudice to military interests." 
 
 Page 85. Immediately below the paragraph ending "aforesaid 
 car." insert the following: 
 
 " Clarge. ASSAULT AND BATTEEY. 
 
 "Specification. In that - , private, U. S. Marine 
 
 Corps, serving at the marine barracks, , - , - , did, 
 
 at - , - , on or about June 30, 1917, the United States then 
 
 being in a state of war, make an assault upon A - B. C , 
 
 of - , - , and did then and there strike, beat, wound, and 
 otherwise illtreat the said A B. 
 
 Page 91. Fifteenth line from top of page strike out the words 
 "and having, on August 27, 1913, been given a" and substitute 
 therefor the words, "did, on August 27, 1913, in the manner and by 
 the means aforesaid, with intent not to carry out his part of said 
 agreement, fraudulently obtain his". 
 
 Page 91. Seventeenth line from top of page after the word "afore- 
 said" insert the word "and". 
 
 Page 91. Immediately above the heading " CJiarge. CONDUCT 
 UNBECOMING AN OFFICER AND A GENTLEMAN" insert the following: 
 
 " Specification. In that A B , seaman, U. S. Navy, 
 
 serving on board the U. S. S. , well knowing that he, the said 
 
 A B , was suffering from a contagious venereal disease, 
 
 did, on or about November 9, 1917, on board said ship, conceal the 
 presence of the said disease by failing to report same to the medical 
 officer of the said ship, and did continue to so conceal said disease 
 until on or about November 19, 1917, when the presence of said 
 disease was disclosed by examination of the said A- 
 for transfer (or as the case may be)." 
 
 (2) 
 
Page 116. Strike out sample specification under heading reading 
 "Cl.arge. ROBBERY." and substitute therefor the following: 
 
 1 ' Specification. In that , private, U. S. Marine Corps, 
 
 serving at the marine barracks, - , - , - , did, at 
 , - , on or about June 30, 1917, the United States then 
 being in a state of war, with force and violence, feloniously make an 
 assault upon A - B. C , of - , - , and did then 
 and there, against the will and by violence to the person of the said 
 A - B. C- , feloniously rob, steal, take, and carry away 
 from the person of the said A - B. C- , - - dollars 
 ($ ), or thereabouts, in United States money, the property of 
 the said A- - B. C -." 
 
 Page 117. Second specification, "SCANDALOUS CONDUCT," change 
 the word ''were" to "did" and the words "found lying" to "lie". 
 
 Page 117. Third line from bottom add in parentheses the sentence 
 "This form to be used only when participants are to be tried in 
 joinder." 
 
 Page 123. After word "sodomy." last line of first specification 
 under t " Charge. SODOMY" add in parentheses the sentence "This 
 form to be used only when participants are to be tried in joinder." 
 
 Page 138. Section 84 (continued from preceding page), in next to 
 last line, before the word "appended" insert words "prefixed or". 
 
 Page 138. Section 87, change first sentence (after heading) to read 
 "In case of absence on leave or other duty authorized by proper 
 authority, with the knowledge and approval of the convening; author- 
 ity, a copy of the orders permitting or directing the absence of such 
 member must be appended." 
 
 Page 144. In the next to last line change the word "homocide" to 
 "homicide". 
 
 Page 151. Line 14 from top of page change "by" to "be". 
 
 Page 151. Section 124, insert the word "to" between the words 
 " As" and "the" in the first line of the section. 
 

 
 
 
 
 
 . 
 

Page 164. Immediately above section 166 insert the following 
 new section: 
 
 "165 (a). Parties and witnesses before courts of inquiry. Inas- 
 much as the testimony given by witnesses before courts of inquiry 
 may, under certain conditions [see Naval Courts and Boards, sec- 
 tions 187 (a), 198 (a), and 210 (a)] be used against such witnesses, 
 or by or against others, in subsequent trials by courts-martial, it is 
 important that courts of inquiry should fully understand the statu- 
 tory powers, restrictions, and safeguards which surround the pro- 
 duction of evidence in cases which they are called upon to investigate. 
 
 ' i While a court of inquiry has the same powers as a general court- 
 martial with reference to compelling the attendance of witnesses, 
 punishing for contempts, taking testimony under oath, etc., at the 
 same time defendants, interested parties, and witnesses before 
 courts of inquiry have all the rights accorded by law to parties and 
 witnesses before general courts-martial, principal among these being 
 the right of a defendant or interested party to be represented by 
 counsel, to cross-examine witnesses, to introduce evidence, and, 
 in the case of a defendant only, to be privileged from testifying 
 except at his own request; and on the part of witnesses, the right 
 to decline answering any question which may tend to incriminate 
 or degrade them. 
 
 "While it is not legally necessary that defendants and interested 
 parties before a court of inquiry should be warned that what they 
 say may be used against them [paragraph (f), Naval Courts and 
 Boards, section 198 (a)], it is desirable that in practice this be done 
 and that they be further informed of their rights, particularly where 
 they are without counsel. (See Naval Courts and Boards, pp. 414, 
 415.)" 
 
 Page 167. Section 177, strike out subparagraph (b) and insert: 
 "The court should especially direct any witness who has testified 
 in a case to refrain from disclosing, either directly or indirectly, any 
 part of the testimony he has given, and from conversing with any 
 person whatsoever concerning the details of his testimony. This 
 warning, however, will not preclude the judge advocate or counsel 
 for the accused from v legitimate conversation with the witness, 
 neither shall it be given to a member of the court, the judge advocate, 
 the accused, nor the counsel, should they become witnesses." 
 
Page 171. Add the following new section above section 188: 
 
 "187 (a), Method of introducing court of inquiry proceedings in 
 evidence. Where it is decided by the court to receive the proceedings 
 of a court of inquiry in evidence against the accused the procedure 
 to be followed should be substantially the same as that outlined in 
 Naval Courts and Boards, Section 182, with reference to depositions. 
 That is to say, a proper foundation having been laid for the intro- 
 duction of the proceedings, by establishing to the satisfaction of the 
 court that conditions exist which made such proceedings admissible 
 under article 60, A. G. N., or independently of that article (17 Ann. 
 Cas., 76, 106; 8 id., 466), the judge advocate should take the stand 
 as a witness, identifying the record and stating that he desires to read 
 therefrom so much of the proceedings as embodies the testimony of 
 a particular witness with reference to a particular point in issue; he 
 should then present the record to the opposite party and to the court 
 for inspection and opportunity to interpose objection to its admis- 
 sion; if there be no valid objection offered, the judge advocate should 
 proceed to read the questions and answers from the record of the 
 witness's testimony before the court of inquiry, subject to objection 
 in the same manner as objection might be made to a witness actually 
 on the stand. 
 
 "Inasmuch as the scope of an investigation by a court of inquiry 
 is commonly very broad, involving the conduct of various persons 
 as well as condition of materiel, etc., it will frequently happen that 
 the examination of a witness before a court of inquiry will include 
 many matters that would not be relevant upon the trial of a particular 
 accused before a court-martial, and the procedure above outlined 
 for introducing the proceedings of a court of inquiry will serve to 
 eliminate irrelevant evidence at the trial. 
 
 "The testimony as read by the judge advocate should be recorded 
 in the body of the court-martial record, together with objections 
 and rulings of the court thereupon, in the same manner as though 
 such testimony were given before the court-martial in person by the 
 witness who appeared before the court of inquiry. 
 
 "The accused should be allowed on cross-examination of the judge 
 advocate to require that he read any other testimony given by the 
 same witness before the court of inquiry which might serve to explain 
 or to affect the weight of his testimony as read on direct examination, 
 and to proceed further in the case in the direction of contradicting 
 the witness, impeaching his reputation for truth and veracity, etc., 
 in the same manner as though the witness had given his testimony 
 in person at the trial. 
 
 ^'In the event that the proceedings of the court of inquiry are 
 offered in evidence by the accused, the procedure should be the 
 same as indicated above, except that the judge advocate, as cus- 
 
^iiroo ^nioifboTlr 
 
 
 ' 
 
 ' 
 . 
 . 
 
 . 
 
 . 
 
 va egfain rods bsjfioiboi 
 
 
 

6 
 
 todian of the record, would be called as a witness for the defense 
 for the purpose of getting such proceedings before the court. 
 
 "The fact that the testimony of a witness before a court of inquiry 
 may be legally admissible in evidence before a court-martial does 
 not render the entire proceedings of the court of inquiry competent 
 as evidence (C. M. O., 24, 1917, Apr. 2, 1917); and this, of course, 
 applies with especial force to the findings of the court of inquiry. 
 (Naval 1 ig , 1916, p. 131, sec. 18.)" 
 
 Page 175. Add as section 198 (a) the following: 
 
 "198 (a). Court of inquiry proceedings as evidence before courts- 
 martial. Article 60, A. G. N., provides in effect that the proceedings 
 of courts of inquiry shall be admissible in evidence before courts- 
 martial under the following conditions : 
 
 "1. That such proceedings must be 'duly authenticated by the 
 signature of the president of the court and of the judge advocate'; 
 
 . " 2. That the case in which the proceedings are received in evidence 
 must be one i not capital ' : 
 
 "3. That the case in which the proceedings are received 'in evi- 
 dence must be one not ' extending to the dismissal of a commis- 
 sioned or warrant officer'; 
 
 "4. That 'oral testimony can not be obtained.' 
 
 "The second and third conditions above stated have been con- 
 strued to mean that the proceedings of courts of inquiry shall not 
 be admissible in evidence before a court-martial, under authority 
 of article 60, A. G. N., where the sentence of death or dismissal is 
 by law made mandatory upon conviction of the offense charged 
 (C. M. O. 88, 1895, pp. 13, 14; G. C. M. Rec. No. 11279). The sen- 
 tence of death is not, under the Articles for the Government of the 
 Navy, mandatory upon conviction in any case triable by a naval 
 court-martial (see art. 7, A. G. N.). 
 
 "Where a court-martial is authorized but not required to adjudge 
 the punishment of death or dismissal upon the conviction of an 
 offense, the proceedings of a court of inquiry may, under the terms 
 of article 60, A. G. N., be introduced in evidence against the ac- 
 cused, subject to the remaining conditions prescribed in said article, 
 but in any case in which the proceedings of a court of inquiry are so 
 used in evidence under article 60, A. G. N., the court must be careful 
 not to adjudge a sentence extending to death or dismissal. In time 
 of peace the punishment which may be imposed upon conviction 
 in such cases in which the proceedings of a court of inquiry are used 
 in evidence against an officer on trial by court-martial, is limited 
 by section 390, Naval Courts and Boards, 'to loss of one hundred 
 numbers in rank.' This limitation does not apply in time of war. 
 
and courts-martial may under such circumstances adjudge any 
 appropriate sentence authorized by the Articles for the Govern- 
 ment of the Navy, provided it does not extend to death or dismissal. 
 
 "The fourth condition above stated is that 'oral testimony can not 
 be obtained.' The circumstances under which oral testimony may 
 be unobtainable are varied. The following rules are established 
 for the guidance of courts-martial with reference to this condition, 
 and are not intended to be unalterable or exclusive: 
 
 " (1) Oral testimony may be regarded as unobtainable under the 
 following circumstances : 
 
 " (a) In the cases of civilian witnesses who are beyond the reach 
 of compulsory process which the judge advocate is authorized to 
 issue. In such cases it should appear that subpoenas intended to 
 secure the voluntary attendance of such witnesses have been for- 
 warded to the Secretary of the Navy, as provided in Naval Courts 
 and Boards (sec. 124), and that such action has for any reason failed 
 to produce their appearance at the trial. 
 
 " (b) In the cases of persons in the naval or military service whom 
 the judge advocate is not authorized to summon (Naval Courts and 
 Boards, sec. 123). In such cases it should appear that summons 
 for such witnesses have been forwarded to the Secretary of the Navy 
 or other convening authority, as provided in Naval Courts and 
 Boards (sec. 123), and that such action has for any reason failed to 
 produce their appearance at the trial. 
 
 " (2) Oral testimony may be regarded as unobtainable in the case 
 of a witness who has died, or has become insane, or by the opposite 
 party is kept out of the way, or is too ill or infirm to come to the 
 court. (2 Bishop's New Criminal Procedure, sec. 1195.) 
 
 " (c) l When a fact has been sufficiently established, it is unneces- 
 sary to consume the time of the court by introduction of additional 
 evidence which is merely cumulative.' (Naval Courts and Boards, 
 sec. 211.) The court is the judge of how much evidence shah 1 be 
 received with reference to any particular fact, and where in any 
 case it considers that sufficient evidence has already been introduced, 
 it will properly hold that the case is not one in which 'oral testi- 
 mony can not be obtained' as to that fact, and will accordingly 
 refuse to admit the proceedings of a court of inquiry with reference 
 thereto, notwithstanding that such proceedings may contain the 
 testimony of a witness as to such fact whose personal attendance 
 before the court can not be obtained. 
 
 " 'Article 60, A. G. N., however, was not intended to restrict the 
 admissibility of court of inquiry records in evidence where such 
 records might have been admitted under general principles of the 
 law of evidence; but was intended to enlarge the rules of evidence 
 by authorizing the records of courts of inquiry to be admitted in 
 

 
 . 
 
 
 

8 
 
 certain cases where they would otherwise have been inadmissible. 1 
 (C. M. O. 51, 1914, p. 6.) It follows that in cases where the pro- 
 ceedings of courts of inquiry are used in evidence independently of 
 article 60, A. G. N., the limitation contained in said article as to 
 'cases not capital, nor extending to the dismissal of a commissioned 
 or warrant officer,' and the limitation contained in section 390, 
 Naval Courts and Boards, as to loss of numbers, do not apply. 
 Instances in which the proceedings of courts of inquiry may thus be 
 used in evidence are as follows: 
 
 11 (d) Where it is expressly agreed by the accused that the proceed- 
 ings of the court of inquiry may be admitted as evidence on his 
 trial, each party to have the privilege of introducing other evidence. 
 (Mullan v. United States, 212 U. S., 516; C. M. O. 41, 1888, pp. 5-6.) 
 
 11 (e) Where the proceedings of the court of inquiry are offered in 
 evidence by the accused in his own behalf and received by the 
 court for the right of the accused to be confronted with the wit- 
 nesses against him at his trial is one which he may waive. (Mullan 
 v. United States, 212 U. S., 516, 519; Diaz v. U. S., 223 U. S., 442.) 
 
 " (f ) Where the accused has previously testified voluntarily before 
 a court of inquiry, such testimony is admissible when offered by the 
 prosecution at his trial, and it is not essential to the admissibility of 
 his testimony that he should have been warned by the court of 
 inquiry that what he said might be used against him. (Powers v. 
 United States, 223 U. S., 303, 313.) If it appears that the accused 
 while a witness before a court of inquiry was required to give evi- 
 dence tending to criminate himself, after properly claiming his 
 privilege against self-crimination, the testimony thus adduced can 
 not be given in evidence against him at his trial. The witness is 
 thus protected from the consequences which might otherwise follow 
 from the action of a court of inquiry in requiring him to answer in- 
 criminating questions a right which the court of inquiry possesses 
 to the same extent as courts-martial in the cases noted in Court- 
 Martial Order No. 29, 1914, pages 10-15. But if the accused testified 
 voluntarily before the court of inquiry answers given by him within 
 the scope of legitimate 'cross-examination, although under compul- 
 sion, are admissible in evidence against him at his trial. (Powers v. 
 United States, 223 U. S., 303, 314.) If the accused was improperly 
 required to testify as a witness before a court of inquiry, in disregard 
 of the act of March 16, 1878 (20 Stat. 30, quoted below), the testi- 
 mony so given can not be used against him at his trial. 
 
 11 (g) Where a witness before the court-martial has made prior incon- 
 sistent statements before a court of inquiry, the proceedings of the 
 court of inquiry may be introduced in evidence for the purpose of 
 impeaching the testimony of such witness, subject to the general 
 
9 
 
 rules of evidence requiring that a proper foundation be laid before 
 evidence may be introduced to impeach the testimony of a witness 
 by showing prior inconsistent statements. (Naval Dig., 1916, p. 
 132, sec. 19; p. 284, sec. 10.) 
 
 " (h) Where the accused is charged with perjury or false swearing 
 and it is necessary, in order to sustain such charge, to prove what 
 was said by the accused as a witness before a previous court of 
 inquiry, the proceedings of such court may be introduced in evi- 
 dence against him for this purpose. (C. M. O. 51, 1914, pp. 5-6.) 
 
 11 (i) Ihe proceedings of the court of inquiry may be used for the 
 purpose of refreshing the memory of a witness before a court-martial 
 in accordance with general rules of evidence. (Naval Dig., 1916, p. 
 132, sec. 20 (3).) Any witness testifying before a court-martial may, 
 in the discretion of the court, be permitted to refresh his memory 
 from the record of the testimony given by him before a court of 
 inquiry. (40 Cyc., 2456, 2457, 2466.) If the witness, after examin- 
 ing the record, testifies from his own independent recollection of the 
 facts, the record itself can not be introduced in evidence or read to 
 the court, but if the witness has no independent recollection but 
 testifies merely from his knowledge or belief in the accuracy of the 
 record, it becomes a part of his testimony, just as if without it the 
 witness had orally repeated the words from memory, and may there- 
 fore be read aloud by him and shown to the court, or otherwise put 
 in evidence. (40 Cyc., 2467; 1 Gieenleaf, 16th ed., sec. 439.)" 
 
 Page 175. Insert new section as follows: 
 
 "198 (b). Board of investigation proceedings as evidence before 
 courts of inquiry and courts-martial. Article 60, A. G. N., has no 
 application to the proceedings of boards of investigation. Accord- 
 ingly, testimony of witnesses before such boards may be used in evi- 
 dence before courts of inquiry or courts-martial, where such action 
 is permitted by general rules of evidence. 
 
 "If the testimony before the board of investigation was not given 
 under oath, such testimony should not be received in evidence by a 
 court of inquiry or a court-martial, except in the cases noted in 
 paragraphs (f), (g), (h), and (i) of section 198 (a). 
 
 "If the testimony before the board of investigation was given 
 under oath, it may be received in evidence in all of the cases noted 
 above under ' admissibility independently of article 60, A. G. N.' 
 (Pars, (d) to (i), inclusive, of sec. 198 (a).) Also, if the accused 
 was afforded opportunity to cross-examina the witnesses before 
 the board of investigation, either in person >r by counsel, their 
 
 50158 18 2 
 

 
 1 
 
 !: a-gaiL 
 
 
 
 
 

 
 
 
 
10 
 
 testimony may be received against him before a subsequent court- 
 martial or court of inquiry in certain additional cases, viz, 
 where the witnesses have since died (Mattox v. U. S., 156 U. S., 
 237; U. S. v. Macomb, 26 Fed. Cas. No. 15702; U. S. v. White, 28 
 Fed. Cas. No. 16679; U. S. v. Wood, 28 Fed. Cas. No. 16756), or 
 where the witnesses are absent by the procurement of the accused, 
 'or when enough has been proved to cast upon him the burden of 
 showing, and he, having full opportunity therefor, fails to show, 
 that he has not been instrumental in concealing them or in keeping 
 them away' (Reynolds v. U. S., 98 U. S., 145); but such testimony" 
 can not be so received in evidence where the witnesses are absent 
 otherwise than through the connivance or by the procurement of the 
 accused, even though they are beyond the jurisdiction of the court. 
 (U. S. v. Angell, 11 Fed. 'Rep., 34; Motes v. U. S., 178 U. S., 458; 
 State v. Wing (Ohio), 64 N. E., 514, followed; State v. Huffman 
 (Ohio), 99 N. E., 295.) 
 
 "Where it is decided by the court to receive in evidence the testi- 
 mony of a witness before a board of investigation, the procedure to 
 be followed should be the same as that indicated above as to the 
 'method of introducing court of inquiry proceedings in evidence.' 
 (See People v. Qualey, 210 N. Y., 202; 104 N. E., 138; 39 Ann. Cas., 
 1108, 1111; 16 Cyc., 1106-1110; 2 Bishop's New Criminal Procedure, 
 sec. 1199.)" 
 
 Page 175. Insert new section as follows: 
 
 "198 (c). Board of inquest proceedings as evidence before courts at 
 inquiry and courts-martial. The proceedings of boards of inquest 
 may be used in evidence before courts of inquiry and courts-martial 
 under the same circumstances as are set forth in section 198 (b) with 
 reference to the use of testimony before boards of investigation not 
 given under oath. If, in the future, boards of inquest should be 
 authorized to administer oaths to witnesses, the subsequent use of 
 testimony so given under oath would be governed by the same prin- 
 ciples as those stated in section 198 (b) with reference to the use 
 of testimony before boards of investigation given under oath." 
 
11 
 
 Page 178. Immediately before section 211 insert new section, as 
 follows : 
 
 "210 (a). Weight of court of inquiry proceedings as evidence. 
 The weight to be attached by the court-martial to proceedings of a 
 court of inquiry which have been received in evidence is a matter for 
 determination by the court, the same as in the case of any other 
 evidence. In this connection, however, the following is quoted from 
 the case of Mullan v. United States (42 Ct. Cls., 157, 176; affirmed 
 212 U.S., 516, 520): 
 
 " 'The evidence adduced before a board of inquiry is surrounded 
 by all the solemnities of evidence taken in a court of record or before 
 a court-martial. The accused is personally present and represented 
 by counsel. The right of cross-examination prevails and every legal 
 inhibition as to its competency or relevancy can be raised at the 
 hearing. While it is a court of inferior jurisdiction and its findings 
 usually advisory, its proceedings are not in any wise summary. The 
 evidence adduced and preserved before courts of inquiry is superior 
 in every respect to depositions. An accused thus arraigned can not 
 plead ignorance of the testimony against him or hope by subsequent 
 examination of the same witnesses, in the same cause, between the 
 same parties, to materially change their testimony.'" 
 
 Page 190. After section 253 add a new section as follows: 
 '253 (a). The judge advocate (counsel) should before trial 
 carefully explain to the accused that he may, besides introducing 
 witnesses in his behalf, either (1) take the stand and testify under 
 oath or (2) make a statement not under oath; that should he take 
 the stand, he may be subjected to a rigorous cross-examination as 
 set forth in section 161; and that should he not under oath make a 
 statement which contains averments of material facts, such aver- 
 ments cannot be considered as evidence or accorded evidentiary 
 weight by the court. (Sec. 311.) In advising the accused as to 
 his right to take the stand, the judge advocate should carefully re- 
 frain from influencing the accused in this respect except as required 
 by section 255. 
 
 Where the accused has made a statement to the court not under 
 oath, the judge advocate (if there be no counsel) will, upon the com- 
 pletion of such statement, inform the court that the provisions of 
 this section have been complied with." 
 
 Page 192. After section 265 add 
 " (See sec. 253 (a). )" 
 

 
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 Page 208. Section 340, immediately after heading, insert the follow- 
 ing paragraphs: 
 
 " Convening and reviewing authorities of general courts-martial, 
 in acting upon sentences involving loss of pay, will give careful con- 
 sideration to the effect of Alnav message 94 as modified by Alnav 
 message 22 of 7 February, 1918, and by such other instructions as 
 may be hereafter issued." 
 
 "For the information of the Department, convening authorities, 
 when acting on all sentences of general courts-martial involving loss 
 of pay, will attach to the record a memorandum statement of the 
 amounts of compulsory allotment and Government insurance pre- 
 mium that are being checked against the pay accounts of the accused, 
 as \. ell as the monthly rate of pay when same is not included in the 
 record of proceedings." 
 
 Page 209. Section 348, at end of section, add the following: " (See 
 sec. 340.)" 
 
 Page 215. Line 8 from top of page, change " exemplified" to 
 "certified". 
 
 Page 236. After section 429, add: 
 
 "429 (a). The recorder shah 1 then administer the following oaths 
 to such of the following named as are employed : To the stenographer 
 (clerk), ' You, A. B., swear (or affirm) faithfully to perform the duty 
 of stenographer (clerk) in aiding the recorder to take and record the 
 proceedings of the court, either in shorthand or ordinary manu- 
 script.' 
 
 "To the interpreter, 'You, A. B., swear (or affirm) faithfully and 
 truly to interpret or translate in all cases in which you shall be required 
 so to do between the United States and the accused.' ' 
 
 Page 238. Section 442, add the following paragraphs: 
 "Convening and reviewing authorities of summary courts-martial, 
 in acting upon sentences involving loss of pay, will give careful 
 consideration to the effect of Alnav message 94 as modified by Alnav 
 message 22 of 7 February, 1918, and by such other instructions as 
 may be hereafter issued." 
 
 "For the information of the Department, convening authorities, 
 when acting on all sentences of summary courts-martial involving 
 loss of pay, will attach to the record a memorandum statement of 
 the amounts of compulsory allotment and Government insurance 
 premium that are being checked against the pay accounts of the 
 accused, as well as the monthly rate of pay when same is not included 
 in the record of proceedings." 
 
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14 
 
 Page 258. In fourth line from top of page substitute a comma for 
 the word "and". After the word "thereto" change the period to a 
 comma, and add "and to make such recommendations as may be 
 deemed appropriate." 
 
 Page 263. Section 535, make heading read " Findings, opinion, and 
 recommendation, if required." 
 
 Page 264. Section 535, make heading read "Opinion and recom- 
 mendation of court not to be disclosed." After the word "opinion" 
 in the third line of the same section, add the words "or recommenda- 
 tion ". 
 
 Page 264. Section 536, make heading read "Finding, opinion, and 
 recommendation may be typewritten." In the same section, make 
 section (after heading) read as follows: "The finding, opinion, and 
 recommendation of a court of inquiry need not be in the handwriting 
 of the judge advocate, but may be typewritten." 
 
 Page 264. Section 537, in the second line after the part of a word 
 ings" substitute a comma for the word "or" and after the word 
 opinion" add the words "or recommendations". 
 
 Page 280. Last line after the word "board." insert: "The partial 
 copy covering material shall be forwarded as provided in section 541." 
 
 Page 296. Section 617, in first and second lines (heading) strike 
 out the words "lower grades of". In the third line strike out the 
 words "the lower grades of." 
 
15 
 
 Page 296. Section 617, strike out the entire second paragraph and 
 substitute in place thereof the following: 
 
 ' ' Board for examination of candidates for appointments as assistant 
 paymaster, chief pay clerk, pay cleric, and acting pay clerk. Section 1379, 
 Revised Statutes, requires that no candidate shall be appointed as 
 assistant paymaster 'until his physical, mental, and moral qualifica- 
 tions have been examined and approved by a board of pay officers 
 appointed by the Secretary of the Navy, and according to such regu- 
 lations as he may prescribe.' The Act of March 3, 1915, provides: 
 'That no person shall be appointed a chief pay clerk, pay clerk, or 
 acting pay clerk under any provisions contained in this Act until his 
 physical, mental, moral, and professional qualifications have been 
 satisfactorily established by examination before a board of examining 
 officers appointed by the Secretary of the Navy, from officers of the 
 Pay Corps when practicable and according to such regulations as he 
 may prescribe:'. Although by statute the determination of the 
 physical, as well as the mental and moral, qualifications of the can- 
 didate is left to the board of pay officers, the physical examination of 
 such candidate will be conducted by a board of medical examiners 
 who shall report the result thereof to the examining board of pay 
 officers, certifying as to the physical qualifications of the candidate, 
 and such report shall form part of the record of the latter board." 
 
 Page 297. Section 625, in the fourth line, after the word "only." 
 insert the sentence, " Special authority of the Navy Department will 
 be obtained in each case." 
 
 Page 300. Section 645. Add the following sentence: "And the 
 record must further state whether or not the moral disqualification of 
 the candidate is the result of his own misconduct." 
 
 Page 309. Insert as section 673 (a) : 
 
 "673 (a). In case of severe illness, operation, or chronic disease or 
 disability. In every case where the medical, or health, record in 
 grade of a candidate for promotion contains entry of severe illness, 
 operation, or chronic disease or disability, the board shall state 
 whether restoration to health has been complete. If restoration to 
 health has not been complete, if deleterious after effects of the illness 
 or operation exist, if the disease remains latent, or if the disability 
 continues, the board shall give the particulars thereof, and state 
 whether the condition is permanent, and how and in what degree it 
 disqualifies, if at all." 
 

 
 
 
 
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16 
 
 Page 309. Section 674, strike out everything following the refer- 
 ence "(36 Stat., 1267)" and substitute therefor the words, "In case 
 a candidate for promotion is found incapacitated for service the board 
 shall further find whether or not the physical disability was contracted 
 in the line of duty. (See sec. 694.)" 
 
 Page 309. Section 676, in the third line, strike out the word "But"; 
 change "in" to "In"; and add the following sentence to the section: 
 " In the case of medical officers of a marine examining board convened 
 as a board of medical examiners, the board shall transmit their report 
 to the marine examining board. (See sees. 744, 745.)" 
 
 Page 316. At the end of section 692, insert " (See sec. 697.)" 
 
 Page 316. Section 694, in the ninth and tenth lines of section, 
 strike out the words "by reason of physical disabil ; ty contracted in 
 the line of duty (see sec. 674), and such finding has been approved,". 
 
 In the thirteenth line of same section insert a period in place of 
 the semicolon, and strike out all that follows, beginning with the 
 words, "and the words line oj duty ." 
 
 Page 316. Insert as section 694 (a): 
 
 " 694 (a). Retirement of temporary officers, The act of May 22, 
 1917 (40 Stat. 84), provides as follows: 'Sec. 9. That any officer of 
 the permanent Navy or Marine Corps, temporarily advanced in grade 
 or rank in accordance with the provisions of this Act, who shall be 
 retired from active service under his permanent commission while 
 holding such temporary rank, except for physical disability incurred 
 in line of duty, shall be placed on the retired list with the grade or 
 rank to which his position in the permanent Navy or Marine Corps 
 at the date of his retirement would entitle him, and any person 
 originally appointed temporarily, as provided in this Act, shall not 
 be entitled to any rights of retirement, except for physical disability 
 incurred in line of duty.' Accordingly, when a temporary officer is 
 examined by a retiring board, the board in its finding shall state specif- 
 ically whether or not the physical disability was incurred in line oj 
 duty; and, if incurred in line of duty, whether or not it was so incurred 
 prior or subsequent to his temporary advancement or temporary 
 appointment, as the case may be. The officer under examination will 
 be informed of the finding and given an opportunity to be heard." 
 
17 
 
 Page 317. Section 697, add the following paragraph: 
 "When a retiring board finds an officer incapacitated for service, 
 from a disability not received in line of duty, it must specifically 
 state in the record as to whether or not such disability was the result 
 of his own misconduct." 
 
 Page 323. Section 713, in the fourth line, strike out the words 
 "to the full board." 
 
 Page 342. Below Deference number "218", " Far. ," insert the 
 following: "Letter to commanding officer, ." 
 
 Page 345. First line, at top of page, reading " Far. In case 
 * * *," change to read " Far. /.In case * * *." 
 
 Page 345. Immediately above reference numbers "242 to 247", 
 insert : 
 
 Var. 2 . (In case of promotion of member or judge advocate since precept was 
 issued.) 
 
 44 The judge advocate read a communication, copy appended, marked ' ,' 
 
 from the Bureau of Navigation, Navy Department, addressed to Lieutenant Com- 
 mander J K. L , U. S. Navy, transmitting to him his commission as a 
 
 lieutenant commander in the Navy. 
 
 Page 349. First line below reference numbers " 141; 142 " change 
 line to read: "1. Q. State your name, rate (rank), and present 
 station." 
 
 Page 350. Third line from bottom of page, remove parentheses 
 from words "was duly warned" and insert comma after word 
 "testimony". 
 
 Page 351. Far. 2, third line, after word "correct," insert words 
 ",was duly warned". 
 
 Page 351. Far. 3, third line, after word "testimony" insert words 
 "w r as duly warned". 
 
 Page 355. Above reference numbers " 138; 161 " insert: 
 
 "The judge advocate (when there is no counsel) stated to the court 
 
 that the substance of section 253 (a) had been carefully explained 
 
 to the accused." 
 

 
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18 
 
 Page 356. In the third line from top of page, change the question 
 "Q. As whom do you recognize the accused?" to "Q. If you recog- 
 nize the accused, state as whom." 
 
 Page 357. Fifth line, above reference number "173", after word 
 "testimony" strike out the words "and was" and insert therefor 
 the following: ", was duly warned and". 
 
 Page 357. Sixth line from bottom of page. After word "testi- 
 mony," insert words "was duly warned". 
 
 Page 359. After Var. 2, in middle of page, insert a new variation 
 as follows: 
 
 "'Vur. 2 (a). The accused made an oral statement as follows: 
 
 "The judge advocate (when there is no counsel) stated to the court that the sub- 
 stance of section 253 (a), Naval Courts and Boards, had been carefully explained 
 to the accused." 
 
 Page 359. Above reference numbers " 313 to 316 " insert: 
 " Var. S. The judge advocate submitted the case to the court without remark." 
 
 Page 360. Sixth and seventh lines, strike out parentheses and 
 words included therein and comma thereafter. 
 
 Page 367. After Var. 8 insert additional variations, as follows: 
 Var. 9. The proceedings, findings, and sentence in the foregoing case of A. B. 
 
 , seaman, U. S. Navy, are approved, and the naval prison at the navy yard, 
 
 , , is designated as the place for the execution of so much of the sentence 
 
 as relates to confinement. 
 
 "The foregoing sentence is mitigated in accordance with articles 114 to 122, in- 
 clusive, of the Manual for the Government of U. S. Naval Prisons. 
 
 " Var. 10. (This can not apply in cases of men convicted of desertion in time of 
 war.} 
 
 "The proceedings, findings, and sentence in the foregoing case of A. B. C , 
 
 seaman, U. S. Navy, are approved, but that- portion of the sentence which involves 
 
 confinement is reduced to months, all the other accessories of said sentence 
 
 except loss of pay are remitted, and said loss of pay is reduced to dollars and 
 
 - cents ($ . ), (and as thus reduced is remitted subject to the conditions 
 prescribed in 1-4893, Naval Instructions, 1913). The dishonorable discharge is re- 
 mitted on condition that C maintain a record satisfactory to his commanding 
 
 officer during said confinement (during a period of ), otherwise he is to be dis- 
 honorably discharged at the discretion of his commanding ofEcer at any time during 
 said period. 
 
 "The U. S. S. is designated as the place for the execution of so much of the 
 
 sentence as relates to confinement." 
 
19 
 Page 367. For reference number " 384 " substitute " 340; 384 ". 
 
 Page 369. Below reference number "270" make the direction read 
 " To : The Judge Advocate, general court-martial, navy yard, -". 
 Make the subject summary read " Subject: Authorizing employment 
 of a stenographer for general court-martial, in the case of - ." 
 
 Page 370. In paragraph 3, at top of page, strike out last sentence. 
 Change the number of paragraph "4" to "5" and as paragraph 
 "4" insert the following: 
 
 "4. You will upon completion of the record require the bills of 
 the stenographer to be submitted to you in duplicate, anil, after 
 certifying to their correctness, will forward them, together with a 
 certified copy of this letter, and a certified copy of your agreement 
 with the stenographer, to the disbursing officer of the navy yard or 
 naval district in which the trial is held. Such disbursing officer will 
 prepare the necessary public bills and pay the account upon receiving 
 the proper signatures." 
 
'8 
 
 . . 
 
 
 
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 m baoubeH t afa 
 
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20 
 
 Page 389. Strike out all down to reference numbers " 82 to 92; 
 454 " and substitute therefor the following: "As a cover for tho 
 record, use uniform cover sheet N. J. A. 109." (Miniature given 
 below.) 
 
 N. J. A. 109. 
 
 RECORD OF PROCEEDINGS 
 
 OF A 
 
 SUMMARY COURT-MARTIAL. 
 
 No remarks nor stamps of any kind to be placed below, except as indicated. 
 To insure uniformity, forms furnished by the Judge Advocate General will be used 
 exclusively. 
 
 SUMMARY COURT-MARTIAL. 
 
 (Full name, surname first.) 
 
 (Rate or rank.) 
 
 (Ship or station where tried.) 
 
 (Location.) 
 
 AOL from', 
 A WOLfrom; 
 
 MJUS. lang 
 Assault 
 
 Asleep on duty 
 Breaking arrest 
 Dest. property 
 Dtsob law ord 
 Dlsresp. to S. 0, 
 Drunkenness 
 Falsehood 
 Gambling 
 
 (Date of trial.) 
 
 to: 
 to: 
 
 Liquor In pos 
 
 Missing ship 
 
 Neglect of duty 
 
 Obs. or prof language 
 
 Resisting arrest 
 
 Smug 
 
 Threatg. language 
 
 Theft 
 
 Unlawful pos. property 
 
 BCD 
 
 LP$ 
 Conf. 
 SC, B&W 
 EPD 
 Dep. lib. 
 
 days 
 
 days. 
 
 days. 
 
 ds, 
 
 Prev. Courts 
 
 Prev. serv: 
 Reduced to 
 
 SCM 
 DC 
 
 GCM 
 
 BCD remitted 
 
 LP remitted 
 
 LP reduced to $ 
 
 Probation, 
 
 LP remitted, 1-4893 
 
 Reduction remtd. 
 
 Conf. red. to ds 
 
 Conf, remitted 
 
 EPD remltd 
 
 mos. G. 0. 110 
 
 Plea. G., N. G. 
 
 Appd. by C. A. 
 Acquitted 
 Revwd. by. 
 
 ISC. SOP 
 
 Disapproved 
 Date; 
 
21 
 
 Page 389. Immediately above reference numbers " 404 to 409 " 
 insert the following: 
 
 " Var. 0. S. S. , 
 
 Hampton Roads, Fa., July, 19 . 
 "From: Commanding Officer, Provisional Brigade, embarked upon and not a part of 
 
 the authorized complement of the U. S. S. . 
 
 ''To: First Lieutenant , U. S. Marine Corps. 
 
 "Subject: Convening summary court-martial. 
 
 "1. A summary court-martial is hereby ordered to convene on board this vessel 
 on Friday, July, 19, or as 'soon thereafter as practicable, for the trial of such 
 persons as may be legally brought before it. 
 
 "2. The court will be constituted as follows: 
 
 "First Lieutenant - , U. S. Marine Corps; First Lieutenant 
 
 , U. S. Marine Corps; and Second Lieutenant - , U. S. Marine 
 
 Corps, members; and Second Lieutenant , U. S. Marine Corps, recorder." 
 
 Page 390. Immediately above the line reading "The accused 
 entered and stated that he did not wish counsel" insert "The 
 recorder introduced - , as stenographer (clerk) (inter- 
 
 preter), stating the authority whereby he was appointed as such. 
 
 " 425 " 
 
 Page 390. Above reference number " 409 " add: 
 
 " Var. 3. (In case of promotion of member or recorder since precept was issued). 
 
 "The recorder read a communication, copy appended, marked ' ', from the 
 
 Bureau of Navigation, Navy Department, addressed to Lieutenant Commander 
 3 K. L , U. S. Navy, transmitting to him his commission as a lieutenant 
 commander in the Navy." 
 
 Page 390. Change line above reference numbers " 428 to 431 " to 
 read "Each member, the recorder and stenographer (clerk) (inter- 
 preter) were duly sworn." 
 
 Page 393. In the fourth line, below reference numbers "175 to 
 177; 140", after the word "rank" insert " (rate) ". 
 
 Page 393. In the first line, below reference number " 143 " after 
 the word "rank" insert " (rate) ". 
 
 Page 393, In the third line, above reference number " 142 ", 
 change the question "Q. As whom do you recognize the accused?" 
 to "Q. If you recognize the accused, state as whom." 
 

 
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22 
 
 Page 393. In the seventh line, below reference numbers " 175 to 
 177; 140 ", change the question "Q. As whom do you recognize the 
 accused?" to "Q. If you recognize the accused, state as whom." 
 
 Page 394. Above reference number " 138 " insert: 
 
 "The judge advocate (when there is no counsel) stated to the court 
 
 that the substance of section 253 (a) had been carefully explained to 
 
 the accused." 
 
 Page 394. At the end of the accused's testimony, the following 
 should be added: 
 
 "The witness verified his testimony, and then resumed his status 
 as accused." 
 
 Page 394. In the fourth line from bottom of page change the ques- 
 tion "Q. As whom do you recognize the accused?" to "Q. If you 
 recognize the accused, state as whom." 
 
 Page 394. In the sixth line from bottom of page, make line read 
 "1. Q. State your name, rate (rank), and present station." 
 
 Page 395. Above reference numbers " 313 to 315 " and " 316 " 
 insert (2 inserts) : 
 
 "The judge'advocate (when there is no counsel) stated to the court 
 that the substance of section 253 (a), Naval Courts and Boards, had 
 been carefully explained to the accused." 
 
 Page 395. In the first line, below reference number " 316 ", before 
 the word "and" insert "all parties to the trial entered,". 
 
 Page 397. For reference numbers "458; 459" substitute "442; 
 458; 459". 
 
 Page 398. For reference number " 459 " substitute " 442; 459 ". 
 
 Page 399. Immediately above reference numbers " 459 to 462 " 
 insert the following: 
 
 7 
 
 Colonel, U. 8. Marine Corps, 
 
 Commanding Provisional Brigade. 
 
 "Embarked upon and not a part of authorized complement of 
 U. S. S. ." 
 
23 
 
 Page 405. In first line of Var. above reference numbers "491; 
 464 " after the word "in" insert the words "accordance with". 
 
 Page 416. Below reference number " 527 " change heading "FACTS." 
 to "FINDING OF FACTS." 
 
 Page 416. Below reference numbers "534; 536" strike out matter 
 under heading "OPINION." and substitute therefor: 
 11 (Here state opinion as required.) 
 
 "(If further proceedings are recommended against any person, state 
 what proceedings, and grounds therefor.)" 
 
 Page 417. Below first form of " Precept for Court of Inquiry." 
 change paragraph No. "4" to "5" and paragraph No. "5" to "6". 
 Insert as paragraph "4" the f oh 1 owing: 
 
 "4. The attention of the court is particularly invited 'to section 
 511, Naval Courts and Boards." 
 
 Page 428. Line 6 from top of page, immediately after the words 
 "Secretary of the Navy" insert " (Judge Advocate General)". 
 
 Page 433. In second line, below reference number "608", change 
 the period after the word ''Navy." to a comma, and add "U. S. S. 
 
 Page 439. In the seventh line below the reference number "624", 
 after the word "(grades)" insert "(or rank)"; strike out the words 
 "to which he is to be promoted", and insert in place thereof the 
 words "for promotion to which he is a candidate". The same cor- 
 rection will be made on page 440, in variation 2, and in variation 3; 
 on page 441, in variation 4; on page 442, in the fourth line of the 
 clause beginning "We hereby certify * * *"; and on page 445, 
 in the third and fourth lines of the clause beginning "We hereby 
 certify * * *". 
 

 
 . 
 
 . 
 
 
 . 
 
 
 ' 
 
 
 ' 
 
 
 
 . 
 . 
 

 
 . - 
 
 
 
 - 
 . 
 
 . 
 . 
 
 aea -sea ;iea 
 
 .... . . . . . /: . , . . . B : 
 
24 
 
 Page 452. Below reference number "670" strike out variation 1 
 and insert the following: 
 
 11 (In all cases of severe illness or operation in grade, or rank, or of chronic disease or 
 disability, not considered by the board sufficient to disqualify, variations 1 or 2 shall be used.) 
 
 " Var. 1. . examination of the candidate, giving special attention to the 
 
 following entries contained in his medical history, viz,febrii continua simplex, syphilis, 
 tuberculosis (or, as the case may be), and is of the opinion that his restoration to health 
 has been complete, and found no trace of any ailment or disability now existing. 
 
 " Var. 2. . is of the opinion that his restoration to health has not been com- 
 plete since he developed syphilis in 1915 (his operation for in 1916) (or, as the. 
 
 case may be), and that this disease remains latent (that the following after effects 
 
 exist ) (or, as the case may be), and that this condition is permanent (temporary). 
 
 The board is of the opinion, however, that this condition is not sufficient to disqualify, 
 and found o trace of any other ailment or any disability now existing. 
 
 ' 673 (a)" 
 
 In variation number 3, in the second line, after the word "ailment" 
 insert the words, " , tuberculosis (or, as the case may be),". 
 
 Change the numbers of variations 2, 3, and 4 to 3, 4, and 5, re- 
 spectively. 
 
 Immediately below Var. 4 insert the following new paragraph: 
 "General physical condition of Lieutenant H C. E , U. S. Navy: 
 
 (Describe briefly the candidate's condition, stating any particulars in which abnormal). 1 
 
 Page 460. Fifth line of the clause beginning "Medical Director 
 R T. S " strike out the word "(not)". 
 
 Page 461. First line above reference number "684", insert the 
 word "was" between the words "and" and "duly". Below refer- 
 ence number "692" strike out the clause beginning "The board, 
 having deliberated * * *" and substitute therefor: 
 
 "The board, having deliberated on the evidence before it, decided 
 
 that Captain Q R. S , U* S. Navy, is incapacitated for 
 
 active service by reason of apoplexy (or, as the case may be), that 
 his incapacity is permanent and is the result of an incident of the 
 service. 
 
 "691; 693; 696 
 
 "(But see section 694, 694 (a), and variation 3, page 462.)" 
 
25 
 
 Page 462. Strike out Far. 2 and substitute therefor the following: 
 
 " Far. 2. Captain S withdrew. 
 
 "The board, having deliberated on the Evidence before it, and having decided that 
 prima facie it appears that the incapacity of Captain Q R. S , U. S. Navy, 
 was not incurred in line of duty (but is the result of his own misconduct), he was 
 called before the board, and so informed by the president, and given an opportunity 
 to be heard. [If the incapacity is the result of his own misconduct, add 'upon the 
 charges against him, as follows: (Insert charges,}'] 
 
 "Captain S stated that he did not desire to question the medical members, 
 to introduce evidence, or to make a statement (and had nothing to offer in relation 
 to the charges). He was then discharged from further attendance. 
 
 "Or, [Captain S was (at his own request) called as a witness and duly sworn. 
 
 (Testimony recorded as for defense in a general court-martial.}] 
 
 "Or, (Captain S then submitted in evidence certain papers appended, 
 
 marked ' -' to ' '.) 
 
 "Or, Captain S asked permission to introduce Mr. J R as his 
 
 counsel. The request was granted and Mr. R entered. 
 
 "Or, Captain S - requested the board to summon the following persons as 
 witn asses. (Insert names.} The request of Captain S - was granted and the 
 necessary summons issued. Pending the arrival of the witnesses the board adjourned 
 until . 
 
 "The board met March , 19 , pursuant to adjournment of the instant. 
 
 "Present: The entire board and the officer under examination (and counsel). 
 
 "Medical Inspector C - N , U. S. Navy, a witness called by Captain 
 was duly sworn. 
 
 "(Testimony recorded as for defense in a general court-martial.} 
 
 "The witness verified his testimony and withdrew. 
 
 "Captain S had no further witnesses to call and had nothing further to offer. 
 
 "The board was then cleared. 
 
 "The medical members submitted a report, which was sworn to, read, and ap- 
 pended, marked ' '. 
 
 "The board, having deliberated on the evidence before it, decided that Captain 
 
 Q R. S , U. S. Navy, is incapacitated for active service by reason of 
 
 , that his incapacity is permanent, and is not the result of an incident of the 
 
 service and is not the result of his own misconduct. 
 
 "697" 
 

 . 
 
 . 
 
 
 
 
 
 ., 
 
 
 
 
 
 

 
 
 
 
26 
 
 Pagw 462. In the third line of Var. 3 after the comma, insert the 
 words "that his incapacity is permanent and was". Insert as 
 Var. 4: 
 
 "In all cases of temporary officers:" 
 
 " Var. 4. The board, having deliberated on the evidence before it, decided that 
 
 Lieutenant (J. G.) (T) Q R. S , U. S. Navy (chief boatswain, U. S. 
 
 Navy), is incapacitated for service by reason of (state the physical disability], that his 
 incapacity is permanent and was incurred in line of duty as the result of an incident 
 of the service subsequent to his appointment as a temporary ensign in the Navy. 
 
 "694 (a)" 
 Insert as variation 5: 
 
 " Var. 5. Lieutenant (J. G.) (T) S - withdrew. 
 
 "The board, having deliberated on the evidence before it, and having decided 
 
 that prima facie it appears that the incapacity of Lieutenant (J. G.) (T) Q R. 
 
 S , U. S. Navy (chief boatswain, U. S. Navy), was incurred in line of duty 
 
 prior to his appointment as a temporary ensign in the Navy, he was called before 
 the board and so informed by the president, and given an opportunity to be heard. 
 
 " (Then follow Var. 2, except for finding, as follows:) 
 
 "The board, having deliberated on the evidence before it, decided that Lieuten- 
 ant (J. G.) (T) Q - R. S , U. S. Navy (chief boatswain, U. S. Navy), is 
 
 incapacitated for service by reason of (state the physical disability), that his incapacity 
 is permanent and was incurred in line of duty as the result of an incident of the 
 service prior to his appointment as a temporary ensign in the Navy." 
 
 Page 471. First line, after "Far." insert the figure "1." Below 
 the reference number "718" insert: 
 
 " Var. 2. The report of the board of medical examiners, that the candidate is not 
 physically qualified to perform all his duties af sea by reason of the loss of his left 
 leg at the knee (or, as the cose may be), that such disability was occasioned by a wound 
 received in the line of his duty, and that it does not incapacitate- him for other than 
 sea duties, was read by the recorder, adopted by the full board, and appended, 
 marked ' '. The medical officers were excused from further attendance." 
 
 Page 472. At bottom of page insert: 
 
 " Var 2. has the mental, moral, and professional qualifications and the 
 
 physical qualifications to perform all the duties of the next higher grade to which 
 he will be eligible, to wit, , except those at sea, and does, therefore, recom- 
 mend his promotion thereto in accordance with the provisions of section 1494 of the 
 Revised Statutes." 
 
 Page 473. Top of page change the number of the variation from 
 ( 2" to "3." 
 
27 
 Page 473. Below reference number " 734" insert: 
 
 ''REPORT OF THE MEDICAL MEMBERS CONVENED AS A BOARD OF MEDI- 
 
 CAL EXAMINERS. 
 
 (See Chapter XIX and sections 744 an d 
 
 BOARD OF MEDICAL EXAMINERS, 
 MARINE BARRACKS, NAVY YARD, 
 
 Mare Island,, Cal., August , 19 . 
 
 (Surname..) (Christian name.) 
 
 "(Rank.)' 
 
 In 19. 
 
 Age, .._. 
 
 Years of service, 
 
 (This form is intended as a general guide only and should in no way 
 restrict the scope of the inquiry, which should be as thorough as possible.} 
 
 History of the case: 
 
 PRESENT CONDITION. 
 
 Vision: Right eye, 
 
 Left eye, 
 
 Right eye corrected to by . 
 
 Left eye corrected to by . 
 
 Hearing: Right ear, 
 
 Left ear, 
 
 Pulse: Rate, ; 
 
 Quality, 
 
 ^Condition of arteries, 
 
 Figure and general appearance, 
 
 Weight, pounds; height, inches. 
 
 Chest measurement: At expiration, inches. 
 
 At inspiration, . inches. 
 
 Mobility, 
 
 Bones and joints, 
 
 Skin, 
 
 Nervous system, 
 
 Respiratory system, 
 
 Veins, . : 
 
 Varicocele, 
 
 Varicose veins, 
 
 Digestive system, 
 
 H ernia, , 
 
 Genito-urinary system 
 

 
 

28 
 
 Is he incapacitated for active service? 
 
 Nature and degree of disability, 
 
 How does it incapacitate? 
 
 Is it permanent? 
 
 Is the incapacity the result of an incident of service? 
 
 " Each member of the board made a careful physical examination 
 of the candidate and found no trace of any ailment or disability now 
 existing.' 
 
 " Var. 1 . Each member of the board made a careful physical examination of the 
 candidate, giving special attention to the following entries contained in his medical 
 history, viz, febris continua simplex, minus punctum, etc., and found no trace of any 
 ailment or disability now existing. 
 
 " Var. 2. Each member of the board made a careful physical examination of the 
 candidate and found that he is suffering from contracted (not) in line of duty. 
 
 " Var. 3. Each member of the board made a careful physical examination of the 
 candidate and found that he has recovered from the ailment rioted in his medical 
 record for the period since January , 19 \ that he has lost his left leg at the knee; 
 that such disability was occasioned by a wound received in the line of his duty ; that 
 it does not incapacitate him for other than sea duties in the next grade to which he 
 will be eligible, and that there is no other disability now existing. 
 
 "We hereby certify that First Lieutenant X - Y. Z , 
 U. S. Marine Corps; is physically qualified to perform all his duties 
 at sea, and recommend him for promotion. 
 
 "673 
 
 " Var. l.We hereby certify that Lieutenant X Y. Z , U. S. Marine 
 
 Corps, is incapacitated for service by reason of (state the physical disability] contracted 
 not) in the line of duty, and he is therefore not qualified to perform all his duties 
 at sea, and we do not recommend him for promotion. 
 
 "674; 675 
 
 " Var. 2. We hereby certify that - - is physically qualified to perform all his 
 duties except those at sea, and recommend him for promotion in accordance with 
 the provisions of section 1494 of the Revised Statutes. 
 
 "664 
 
 " Medical Inspector, U. S. Navy, President. 
 
 U 
 
 "Surgeon, U. S. Navy, Member and Recorder." 
 Page 473. In the form of "Precept" insert as paragraph 5: 
 
 "5. The medical members of this board will constitute a Board of Medical Examin- 
 ers, and will render a report as such in tne <case of each candidate examined. The 
 report of the Board of Medical Examiners will be attached to and made part of the 
 record of proceedings of the Marine Examining Board in each case." 
 
 Add to the reference "705" the additional references, "744; 745". 
 
 Page 474. Last two lines, strike out the words "which shall also 
 be used by examining boards/'. 
 
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