then and there to be tried, of the United States versus accused of under the laws of the United States, and have you then and there this precept.* Witness, [Here insert name of presiding officer], president of said court, this — day of 187-2 [Name] [Rank] Judge-Advocate. [The following would be here added to secure the production of papers:] *You will bring with you to be used in evidence in said case the following documents. [Here set forth the documents required.] STATE OF Affidavit of service of subpæna. } 88. being sworn, says: The witness hereafter named was subpoenaed by deponent, as hereafter stated; that deponent at the time and place below set forth served the annexed subpoena upon the witness named therein, by exhibiting the annexed original subpoena to such witness, and delivering to him a duplicate original thereof. [Signature of officer administering oath.] 1 These subpoenas should be issued in duplicate by the Judge-Advocate or Recorder. 2 This form is the proper one for any military court, altered, of course, to set forth the objects of the court. То FORM XIII. Summons for a Military Witness. GENERAL COURT-MARTIAL ROOMS, Infantry. 187-. SIR: You are hereby summoned to appear as a witness on the day of —, 187-, at o'clock, A. M., before a General CourtMartial, convened at by Special Orders from for the trial of Artillery. [Name] [Rank] Judge-Advocate. FORM XIV. Court-Martial Service-Citizen Witness. THE UNITED STATES, To 187-. For actual cost of his transportation, or travel- and per summons and statement hereto annexed: For per diem while traveling to and returning from said court between the places and dates above specified, days at $ per day..... For per diem while attending on said court as a citizen witness from the day of, inclusive, at $- per day, as per certificate herewith..... Dr. Dolls.] Cts. seventy personally appeared before me, a -9 in and for the County aforesaid, and made oath in due form of law that the above account is correct and just; that the statement annexed exhibits the actual expenses of his transportation for and during the journeys above specified; that he was actually and necessarily occupied the number of days and between the dates stated in traveling to and returning from the court in obedience to the summons annexed; and that he traveled in the customary reasonable manner. 187, to the a citizen, has been day day of 187, inclusive, before a General Court Martial duly and legally appointed by Special Orders No. and holden at this place, and that he was duly summoned thereto from DATE, PLACE, Judge-Advocate. NOTE I.-The above certificate is to be given in duplicate by the JudgeAdvocate, who will also administer the oath in case of "citizen witnesses." Should the witness be a "Government employé," those words will be inserted in the above certificate in place of the word "citizen." NOTE II.-In completing this voucher Judge-Advocates will be governed by the provisions of G. O. 97, A. G. O., September 8, 1876. FORM XV. Process of Attachment. THE PRESIDENT OF THE UNITED STATES OF AMERICA: To Stationed at Greeting: WHEREAS, a General Court-Martial of the United States was duly convened at on the day of, 187-, pursuant to Special Orders No., of, 187-, from Headquarters a copy of which said order is hereto annexed, marked "A;" and whereas, on the day of -, 187–, at Martial having been first duly sworn, the said General Court of the United States Army, was duly arraigned and his trial proceeded with on a certain charge, instituted at the prosecution of the United States, for the offense of under the laws of the United States. a copy of which is hereto annexed, marked "B." And whereas, one of in the served with a subpoena (a duplicate of which is hereto annexed, marked "C"), directing him to appear and testify in said cause at the time and place therein commanded; and, whereas. the said was, on the day of -, 187-, personally did, on the day of, 187-, fail and neglect to appear before said court or testify in said cause, as required by said subpoena, and still fails and neglects to appear and testify in said cause, he being a necessary and material witness therein, and no just excuse has been offered for such neglect: Now, THEREFORE, under and by virtue of Section 1202 of the Revised Statutes of the United States, you are hereby commanded that you take the said wherever he may be found within the United States, and him safely keep, and bring you his body without delay before the said General Court-Martial convened at said and of which -, United States Army, day of is President, at the court-room thereof on the 187, at o'clock in the forenoon, at the opening of said court, to then and there testify in the said cause of the United States now depending, and then and there to be versus continued and tried. And have you then and there this writ. By order of the Court. In witness whereof, I, as Judge-Advocate of said Court, duly appointed and sworn, have hereto set my hand and seal, at this day of, 187-. spectfully shows that a General Court-Martial of the United States. was duly convened at on the day of, 187-, pursuant to Special Orders No. of, 187-, from Headquarters a copy of which said order is hereto attached, marked "A," and that on the Court-Martial having been first duly sworn, day of 187-, at the said General of the United States Army, was duly arraigned and his trial proceeded with on a certain charge, instituted at the prosecution of the United States, for the offense of under the laws of the United States, a copy of which is hereto annexed, marked "B;" and your petitioner further says that [Name of witness] is, as he believes, a material and necessary witness for the prosecution [or defense] in said trial, that the trial cannot safely proceed without his testimony, and that it is not practicable to take his deposition under the 91st Article of War. And your petitioner further says that, as he is informed and believes, said is now confined in the, charged with [or undergoing sentence for], in the custody of the sheriff of [or as the case may be,] and unable to attend as a witness in said trial. Wherefore your petitioner, as Judge-Advocate of said General Court-Martial, and at request of said Court, prays that a writ of habeas corpus ad testificandum may be issued by this honorable Court, commanding the production of said said General Court-Martial at before 1 Gardner's Practical Forms. |