« PreviousContinue »
to then and there testify, according to law, all that he may know concerning the pending cause then and there to be continued and tried of the United States versus [Name of Judge- Advocate]
[Rank] STATE OF COUNTY OF
_.} On the - day of —, 187-, personally appeared before me, the above named
[Name of Judge- Advocate), and made oath to the truth of the foregoing petition.
[Signature of officer administering oath).
dress who takes deposition. If not known [Name of prisoner.] ) then to be filled up on return. Interrogatories to be administered, under the 91st Article of War, to
[Name of witness], of [residence), in the above entitled case now pending, and to be tried before the United States General Court-Martial convened at
-, pursuant to Special Orders No. - from Headquarters Department of the
of 187-, and whereof is President, and
is Judge-Advocate. Interrogatories by the Judge- Advocate (or prisoner.]
First Interrogatory: Please state your full name, occupation, and present residence ? Second Interrogatory : Do you know
the prisoner (or accused, as the case may be,] if so, state how long you have known him, and how you know him to be the defendant in this trial ?
i Gardner's Practical Forms.
Last Interrogatory: Do you know anything further relating to this cause now in hearing, if so, state it ?
Cross-Interrogatories by prisoner [or Judge-Advocate.]
Re-direct Interrogatories by Judge-Advocate (or prisoner.]
Re-cross Interrogatories by prisoner (or Judge- Advocate.]
First Interrogatory by Court : [where Court desires to propound questions. ]
By order of the Court.
THE UNITED STATES
Deposition of witness under 91st Article
[Prisoner's name. STATE OF
} COUNTY OF
the witness above named, being carefully examined and cautioned, and duly sworn (or affirmed] according to law, to tell the truth, the whole truth, and nothing but the truth, relating to the above entitled case, doth depose (or affirm] and say for full answers in evidence, respectively, to all and each of the foregoing interrogatories and cross-interrogatories as follows:
To the first interrogatory by Judge-Advocate (or prisoner.]
To the second interrogatory by Judge- Advocate (or prisoner.]
To the first cross-interrogatory by prisoner (or Judge-Advocate.]
[Signed by witness] 187[Signature of officer administering oath.]
Return to a writ of Habeas Corpus issued by a State
Judge, requiring production of the body of an enlisted man.
NEW YORK SUPREME COURT, CITY
AND COUNTY OF NEW YORK.
In re application on Habeas Corpus for the production of Private
, Battery “M,” 3d Artillery.
TO THE HONORABLE Judge of
I have the honor to make return to the within writ of habeas corpus issued in the case of
-, a private soldier in the service of the United States; that the said
is a regularly enlisted soldier, and held to service in the Army of the United States by virtue of said enlistment; that the said
was regularly enlisted in the service of the United States according to the rules and regulations of the recruiting service for enlisting recruits, by his signing the proper statement or declarution, and by taking the oath required for recruits to take; and that the recruit was regularly examined by the surgeon appointed for that purpose.
1 This corresponds largely to the actual form used by General Butterfield while in charge of the recruiting service, at a time when such writs were constantly issued from State courts.
That under the decisions of the United States Supreme Court it is not my duty to produce the body of the said in court.
That such declination and denial of the jurisdiction of your honor is a matter of official duty, and not from any disrespect of your honorable Court.
Your attention is respectfully invited to the enclosed triplicate enlistment paper of the said
marked “ A," and to the decisions of the United States Supreme Court upon this subject in the cases of Ableman vs. Booth, (21 Howard, 506,) and U. S. vs. Tarble (13 Wallace, 397). Dated Jan. —, 187-, Fort New York Harbor.
I have the honor to be,
Your obedient servant.
[Name of officer making return]
Captain U. S. Artillery. [Should the writ issue from a United States Court, the form of return would read :]
I have the honor to make return to the within writ of habeas corpus in the case of
by producing the said before this honorable Court in obedience thereto; and by certifying that the said
is a regularly enlisted soldier, etc.
PRINCIPAL ENGLISH AND AMERICAN PUBLI
CATIONS ON MILITARY LAW.*
WARD. Animadversions of Warre. 1639.
Collection of Charges, Opinions and Sentences of General Courts
Martial. 1820. DUPIN. View of the History and Actual State of the Military Forces of Great
Britain. (Translated with notes by an Officer. London. 1822.) KENNEDY. Courts-Martial. 1824. Hough. Practice of Courts- Martial. 1825.
Military Lar Authorities. 1839.
Precedents in Military Law. 1855.
* The dates here given are believed to be those of the first edition of the respective works. Many of them have passed through several editions.