gating the sentence of a dismissal or discharge, it takes place at the time of publication, and the accused is entitled to his pay and emoluments up to that time. Forfeiture. In sentences of forfeiture of pay the term "now due" is frequently used. The Judge-Advocate General regards this as referring to the date of the sentence imposed by the court, and not to the date of the order promulgating the proceedings. Drummed out. Soldiers are sometimes sentenced to be drummed or bugled out of the service. This is executed as follows: The troops are assembled; the man about to be discharged brought forward under charge of a guard; the charge, findings, sentence, and order for his dismissal from the service are read; the buttons, facings, etc., of his dress are stripped off, and he is marched down the ranks and trumpeted or drummed, as the case may be, out of the camp or post. CHAPTER XVI. RECORD. EVERY Court-martial is required to keep a complete and accurate record of its proceedings.1 This record is kept by the judge-advocate, or the recorder of the court, and should contain a copy of the order convening the court and all orders modifying the detail; it should show the members present and absent at the commencement of each trial, and at each day's proceedings, and, if any member is absent during any portion of the trial, it should likewise appear; it should contain a copy of the charges and specifications, and must show that the court was organized as the law requires; that the court and judge-advocate were duly sworn in the presence of the prisoner; that he was previously asked whether he had any objection to any member, and his answer thereto, and that the witnesses were duly sworn; it must also contain the "statement" of the accused, if any is made, and the reply of the judge-advocate. In addition to this the record should set forth the entire proceedings of the court upon a trial, or in any session; all orders, motions, votes, or rulings of the court itself-all motions, propositions, objections, arguments, statements, etc., of the accused and judge-advocate, the entire testimony of each witness given in his own language, and as nearly verbatim as possible; and, in short, 1 Regulations, par. 891. every part and feature of the proceedings, material to a complete history of the case, and to a correct understanding of every point of the same by the reviewing officershould be recorded at length.1 The record must be clearly and legibly written; and, as far as practicable, without erasures or interlineations; the pages should be numbered with a margin of one inch on the left side of each page, and at the top of the odd and bottom of the even pages: through this last margin the sheet should be fastened together. & 3. All papers received in evidence, and other exhibits, should be securely attached to the record, but in such a way that they can be freely read, in the order in which they are received, and distinctly numbered so as to facilitate reference to them.* Control of Record. Every court has control over its own record, and may determine whether any portion of its proceedings shall be recorded or not. For a courtmartial to order any part of its proceedings to be expunged from the record would be an irregular and exceptional act, although such act-unless it involved the striking out of testimony (or other material part of the trial) against the consent of the accused or judge-advocate-might not fatally affect the validity of the final judgment. Whenever a court has determined on such expunging, the entire action connected therewith, including the motion to expunge, the arguments on the subject, if any, alike of the judge-advocate and the defense, the order made, etc., should be recorded at length. Although a court-martial has full control over the form of its record, it is not authorized to suppress or withhold any portion of its action, in 1 Opinions J. A. G., p. 316. 2 Regulations, par. 893. 3 The ordinary legal cap paper, is generally used. 4 G. C. M. O. 80, A. G. O., Oct. 30, 1875. the course of a trial or during any session, from the reviewing officer, who, in the absence of a complete history of all the proceedings, cannot certainly be enabled to act intelligently thereon.1 Fair Copy. The judge-advocate or recorder is required to write up each day's proceedings, if practicable, in order that they may be submitted to the court, upon its reassembling, for its approval or alteration. The latter and not the rough draft made by the judge-advocate during the trial, are the original proceedings. Reading over Proceedings. Each day's proceedings should, upon the reassembling of the court, be read over by the judge-advocate. He should read from the fair copy and not from the original draft. The best plan is for some member of the court to verify the judge-advocate's copy as he reads by comparing the original notes. These proceedings should be read over in the presence of the prisoner and his counsel, in order that he may call the attention of the court to any error. An accused has an undoubted right to be present at the reading over of the previous day's proceedings. The court might, if it deemed it advisable, dispense with the reading of the proceedings, but this should not ordinarily be done. Separate Record. Whenever the same court-martial tries more than one prisoner, the proceedings in each case must be made up separately. Each record must be complete in itself; so complete that, if the records of all other cases were lost or destroyed, the reviewing officer could act with perfect knowledge upon the one remaining. Authentication. The proceedings of every case before a court-martial must be authenticated by the signa Opinions J. A. G. p. 169. 2 G. C. M. O. 35, A. G. O., June 3, 1867. tures of the president and judge-advocate or recorder, who are required, in like manner, to certify the sentence pronounced by the court in each case.1 The custom of the service is for the judge-advocate to authenticate each day's proceedings, and for the president and judge-advocate to sign the proceedings of each case immediately after the sentence, and also the final adjournment.2 It is not absolutely necessary that the judge-advocate, even, should authenticate each day's proceedings. Where a judge-advocate dies or is disabled pending a trial, another may be appointed in his stead; but where he dies after the conclusion of the trial, and before authenticating the proceedings and certifying the sentence, the record cannot be completed by the signature of his successor, and the sentence is inoperative.3 The record of Regimental and Garrison Courts. these courts is kept by the recorder, and is made up as has been described for the general court, the president and recorder authenticating the record, etc. Field Officer's Court. A field officer is required to keep a record of his proceedings in each case, but, as the proceedings are necessarily summary, it is more brief than the ordinary court-martial record. It should, however, set forth the order detailing him as a court, the names of the offenders, the offenses with which they are charged, with the time and place of commission, the pleas, the findings, and the sentences imposed. The character and circumstances of the offense in each case should so far appear, that the reviewing officer may be able to determine 1 Regulations, par. 891. 2 Unless some military exigency, such as the movement of troops in campaigns, prevents, the record must be completed before final adjournment and signed by the president and judge-advocate or recorder in the presence of the court, in the Articles recently proposed. 3 Opinions J. A. G., p. 208. |