After the Prosecutor has deposed to the facts which may have come to his knowledge, he is subject to be cross-examined by the Prisoner, and questioned, if necessary, by the Court, He then proceeds to the examination of witnesses, and to the reading and proof of any written evidence he may have to bring forward.*

The Prosecutor must, during the prosecution, and before the Prisoner comes on his defence, produce all the evidence he has to support the charge; and, after the prosecution has been closed, he should not be permitted to adduce any further evidence in proof of the specific facts alleged in the charge. Vide "DEFENCE."

The examination in chief of each witness for the prosecution being ended, the cross-examination usually follows, though it is optional with the Prisoner to defer it to the final close of the examination in chief.

The re-examination by the Prosecutor, on such points as the Prisoner may have touched on, succeeds the crossexamination; and finally the Court put such questions as in their judgment may tend to elicit the truth.*

Should the Prisoner, having closed his cross-examination, think proper subsequently to recall a Prosecutor's witness in his defence, the examination is held to be in chief, and the witness is subject to cross-examination by the Prosecutor.*

* Simmons. + Kennedy.

The Prisoner having finished the examination in chief of each of his witnesses, the Prosecutor cross-examines, the Prisoner re-examines to the extent allowed to the Prosecutor, and the Court put any questions deemed necessary.*

The Prosecutor may reply to the defence of the Prisoner, if new matter is urged which calls for a reply. A party that begins has a right to a reply; there is not a state trial where the Solicitor General, or Attorney General has not replied, and there is no law that says in any case the Prosecutor may not reply.†

The Prosecutor may even reply notwithstanding that witnesses have not been called on the defence.‡

On a Court Martial, as in a Court of Civil Judicature, a Prosecutor is not permitted, under any circumstances, to examine as to general habits, or to shew that the prisoner has a general disposition to commit the same kind of of offence as that charged against him.*

*Simmons. + State Trials. Kennedy.

ARRAIGNMENT.

The Prisoner being brought before the Court Martial, the Crime is read over to him, to which he either pleads Guilty" "Not Guilty;" or else he stands Mute.

Should the Prisoner plead "Guilty," evidence must notwithstanding be heard of the fact, or facts, for otherwise the Officer, authorized to confirm the sentence, can have no grounds for extending mercy.*

If the Prisoner should stand Mute when put upon his Trial, the cause thereof must be ascertained, whether proceeding from insanity, or from obstinacy. Should he stand mute from obstinacy and deliberate design, or should he answer impertinently and foreign to the purpose; the - Court should, in the first instance, endeavour to overcome his obstinacy, or improper behaviour; but if he persist therein, the Trial should go on, as if he had pleaded "Not Guilty."*

If any doubt suggests itself to the Court, or is suggested, as to the soundness of the Prisoner's mind, the Court should constitute themselves into a Jury to inquire into the fact, and to call for such witnesses as are capable of speaking to the state of the Prisoner's mind and former behaviour. If the Court should consider the Prisoner sane, they should proceed with the Trial; but if on the contrary, the evidence should create the least doubt on * Tytler.

the subject, a Report should be made, in order that a Medical Board may be appointed to give their opinion.*

There is a Plea which may sometimes be made use of by a Prisoner, viz. a plea to the jurisdiction of the Court before which he is arraigned, which he may consider not justified in taking cognizance of the offence for which he is about to be tried.†

The custom of all English Courts of Judicature prescribes, that the Prisoner having pleaded, has a right to demand that during the Trial he may be without irons, unfettered, and free from bonds, or shackles of any kind, unless there be danger of escape or rescue.‡

Hough. Adye. Simmons.