The Author avails himself of this occasion respectfully to render his humble acknowledgments to the Lords Commissioners of the Admiralty for the assistance they have accorded to him at all times during the compilation of this work. He likewise desires to record his grateful thanks to Captain W. A. B. Hamilton, their lordships' secretary, who, amidst the laborious and multifarious duties attached to his important station, has always patiently and courteously aided, with his professional and official knowledge, in the elucidation of many of the intricate subjects noticed in this Treatise.

Chatham, 1850.

CONTENTS.

INTRODUCTION.

Government of the Navy in former times. Instructions

issued by H. R. H. the Duke of York to Sir John Mennds

in June, 1661.- Principal Laws now affecting the

Naval Service.

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CHAPTER I.

CONSTITUTION OF COURTS-MARTIAL.

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Constitution of Naval Courts-Martial. Commander-in-

Chief has not, by virtue of his Office only, Authority

to call and assemble Courts-Martial. Under what

Circumstances Commander-in-Chief may preside at a

Court-Martial in Foreign Parts. Senior Officers of

Five or more Ships detached to be empowered to hold

Courts-Martial. - Case of Commodore Johnstone and

Captain Sutton. When it may be improper for the

Second Officer in Command to preside at a Court-

Martial. Commanders-in-Chief at the Home Ports

may be ordered to preside at Courts-Martial. Ob-

jections made to particular Officers as Members.

When Members are called upon to give Evidence.

When Officers under the rank of Post Captain may

constitute a Portion of the Court. Officers receiving

official Notification of Promotion. · Officers promoted

by Commander-in-Chief not to sit as Members until

confirmed in their respective Ranks. Lieutenants

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acting as Captains of rated Ships.- When two or more

Captains are borne on the Books of one Ship.- Officers

on Half-Pay, or doing Duty as Secretaries, not eligible

as Members of a Court-Martial. - Admirals must have

their Flags flying at the Port where the Court-Martial

is assembled. Captains must be present with their

Ships to be eligible as Members. Captains of Ships

lost not eligible as Members. — Position to be occupied

by Captains of the Fleet and Commodores of the First

Class when attending as Members. - Cases where the

Attendance of Members may be excused. Officiating

Judge-Advocate to be appointed. Court not to be

adjourned over One Day. — When Circumstances pre-

vent the Court from pronouncing Sentence. Case of

Captain Harris, of H. M. S. "Hussar."

Mode of pro-

ceeding at the Assembling of the Court.-Court not to

be discharged from giving their Judgment.

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CHAPTER II.

FORMS OF PROCEEDING IN NAVAL COURTS-MARTIAL.

Period within which Complaints must be made in Writing.

-Prisoner to be furnished with a Copy of the Charges.

Mode of Proceeding when the Court is sworn.

All Evidence to be given on Oath.

Evidence in general.

had to be produced.

CHAPTER III.

--

received in Evidence.

EVIDENCE.

The best Evidence that can be

Written Documents, how to be

- One Witness generally suffi-

cient. Case of Lieutenant W. Jones, commanding

H. M. S. "Race-horse."-Prosecutor a competent Wit-

May conduct the Prosecution after giving his

Evidence. Case of Captain Thompson, of H. M. S.

"Edgar."-Trial not to be postponed.

ness.

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- A Confession can

only affect the Person who makes it. - Evidence of

Confession to be cautiously received. Statements made

to a Counsel or Attorney. Confessions need not be

made upon Oath.

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CHAPTER V.

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II. PRESUMPTIONS.

Evidence. Presumptions. Presumptions in Law. -

Sir Mathew Hale on Presumptive Evidence.

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Evidence.

CHAPTER VI.

III. WRITTEN EVIDENCE.

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- Written Evidence. . Written Documents to

be placed before the Court entire. Written Evidence

to be produced whenever it can be had. Acts of Par-

liament printed by the Queen's Printer allowed as

Evidence.-Prosecutor and Prisoner entitled to call on

each other to produce documentary Evidence.

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CHAPTER VII.

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Evidence. Parol Evidence. Must be of Facts within

the personal Knowledge of the Witness. In Matters

of Science. Idiots and Lunatics. Persons deaf and

dumb. Infants. Witness not to be rejected on the

Ground of Crime or Interest. — Evidence of Accom-

plice admissible. — Lord Chief Justice Holt on the

Evidence of Accomplices. Husband and Wife.—

Persons cohabiting together, but not married.— Witness

not bound to criminate himself. — In what Cases hear-

say Evidence may be received. — Dying Declarations.

- Evidence of Seditious Speeches.

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CHAPTER VIII.

EXAMINATION OF WITNESSES.

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Examination of Witnesses. - Prosecutor not to address

the Court on the Matter in issue. Rules to be ob-

served in the Examination of Witnesses.· -Witness not

to read his Evidence. May refresh his Memory by

referring to Notes or to the Ship's Log-Book. - Rules

for the Cross-examination of Witnesses. Object of

cross-examining a Witness.-Party not to be permitted

to discredit his own Witness by general Evidence.

Credit of a Witness may be impeached by the opposite

Party.-Evidence of Seamen should not be rejected on

slight Grounds.-Opinion of the Law Officers as to the

proper Mode of Proceeding when the Evidence does not

affect one or more of several Persons included in the

same Charge. - Affidavits from Witnesses who refuse

to attend personally not to be received in Evidence.

Letters and Certificates produced by the Prisoner in his

Defence.

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CHAPTER IX.

PRISONER'S DEFENCE.

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Prisoner may avail

Mode of Proceeding when all the Evidence on the Part of

the Prosecution has been heard.

himself of the Assistance of Counsel. - Mode of Pro-

ceeding when the Defence has been read. - Prosecutor

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