Page images
PDF
EPUB

APPENDIX.

FORM I.

Order appointing a General Court-Martial.

SPECIAL ORDERS,

HEADQUARTERS, DEPARTMENT OF

[ocr errors]

-, 187-.

A General Court-Martial is hereby appointed to meet at West Point, N. Y., on Monday the day of, 187-, at 11 o'clock, A. M., or as soon thereafter as practicable,1 for the trial of such persons as may properly be brought before it.

[blocks in formation]

No other officers than those named can be assembled without

manifest injury to the service.2

The court is authorized to sit without regard to hours.3
By command of Major-General

[Name]

Asst. Adjt. General.

1 The orders from some of the Departments here read, "for the trial of such persons as may be brought before it by authority from these Headquarters."

2 This clause is not added when the court consists of thirteen members. This clause would only be added when the court is authorized to sit beyond the prescribed hours.

[blocks in formation]

A Garrison Court-Martial will convene at this post on the day of at 11 o'clock, A. M., or as soon thereafter as practicable, for the trial of such prisoners as may properly be brought before it.

[blocks in formation]

Order appointing a Court of Inquiry.
HEADQUARTERS, DEPARTMENT OF

SPECIAL ORDERS,

187-.

No.

On the application of Captain

a Court of Inquiry is hereby appointed to meet at

Monday, the

[ocr errors]

-day of

[merged small][merged small][ocr errors]

187-, at 11 o'clock, A. M., or as soon thereafter as practicable, to examine into the nature of certain accusations against Captain

contained in a communication

[blocks in formation]

1 Where a court is ordered by the President the order reads, "By direction of the President a Court of Inquiry is hereby appointed, etc." If it is on application of an officer, this appears in the order.

The Court will report the facts and give their opinion on the

merits of the case.1

By command of Major-General

[Name]

Asst. Adjt. General.

FORM IV.

Record of Proceedings of a Court-Martial.

Page 1.2
Case 1.

Proceedings of a General Court-Martial, convened at West Point, N. Y., by virtue of the following order: 3

[merged small][merged small][merged small][merged small][ocr errors]

A General Court-Martial is hereby appointed to meet at West Point, N. Y., on Monday, the day of, 187-, at 11 o'clock, A. M., or as soon thereafter as practicable, for the trial of such persons as may properly be brought before it.

[blocks in formation]

No other officers than those named can be assembled without manifest injury to the service.

1 When no required to give an opinion the latter part of this clause would be omitted.

Each page should be numbered.

3 The record should be written down one page of legal cap paper, then commencing at the top of the next when turned, and so on.

The court is authorized to sit without regard to hours.
By command of Major-General

[merged small][merged small][merged small][ocr errors][merged small]

The court met pursuant to the foregoing order at 11 o'clock,

[blocks in formation]

[The cause of absence, if known, should be here inserted, and the judge-advocate should ascertain the cause if possible. If letters, or medical certificates are furnished, they should be appended, properly marked and referred to.]

The court then proceeded to the trial of First Lieutenant

Regiment of Infantry, who then came before the court, and having heard the order convening it read, was asked, if he objected to any member present named in the order; to vhich he replied in the negative.

Or, The accused submitted the following objection to Captain

[Here insert the cause of challenge.]

The challenged member then stated that:

[Here insert statement of challenged member.]

[Should the accused desire that the challenged memier be placed on his voire dire, the record would continue as follows:]

The accused then requested that the challenged member be sworn on his voire dire.

Captain

[blocks in formation]

was then duly sworn by the Judge-Advocate,

and testified as follows:

Question by accused
Answer

1 The court was then cleared, the challenged member retiring, and after due deliberation the court was re-opened, the accused and challenged member being present, and the decision of the court was announced by the Judge-Advocate, that the challenge is sustained, and that Captain — is excused from serving as a member of the court (or) [that the challenge is not sustained.]

The members of the court were then severally duly sworn by the Judge-Advocate, and the Judge-Advocate was duly sworn by the President of the court; all of which oaths were administered in the presence of the accused.2

The accused then requested to introduce sel, which request was granted.3

as his coun

[Should the court refuse to receive a particular person as counsel, the cause should appear upon the record.]

[Should a delay or postponement of trial be desired this is the proper time to make it; the application and decision of the court being here entered upon the record. Should no delay be required the record would continue.]

The accused was then duly arraigned on the following charges and specifications.

Charge I.

Specification I.

Specification II.
Charge II.

Specification I.

To which the accused pleaded as follows:

To the first Specification first Charge, "Guilty" (or) "Not "Guilty."

To the second Specification first Charge, "Guilty" (or) "Not "Guilty."

1 Where the challenged member is not sworn on the voire dire this clause would follow his statement.

? In a Garrison or Regimental Court-Martial the Record would here read, "The court, including the Recorder, was then duly sworn according to law in the presence of the prisoner."

3 Application for the introduction of counsel may be made at any time of the trial, though this is, generally speaking, the proper time.

ORNIA

« PreviousContinue »