COURTS OF INQUIRY, Established for what purpose, 270. Who may assemble, 270, 271. Composition of, 271. Recorder of, 271. Procedure of, 272--274. Members of, to take oath, 274. Right of challenge exists in, 274. When to give an opinion, 275. Hours of sitting of, 275. Statute of limitation, not applicable to, 275. Open or closed court, 275, 276. Secrecy, 276. Record of, to be kept, 276. To whom forwarded, 213. Proceedings of, not a trial, 276. Rules of evidence on, 276, 277. Contempts before, rule as to, 277. Proceedings of, may be admitted as evidence before courts- How different from a regimental court for doing justice, 52. Different kinds of, 24. General, how composed, 24-26. Who may appoint, 30, 31. Number of members on, 24. When articles were first adopted, 24. May proceed when five members present, 25, 124. Not required to remain at original number detailed, 25. President of, who in English service, 25. Who in American service, 25. Who competent to sit as members of in English ser- COURTS-MARTIAL, Competency to sit as members of, of medical officers Of graduated cadets with brevet rank, 28. Of chaplains, 28. Of milita and volunteer officers, 29. Regimental, how composed, 26. Number of members, 26. Originally, how composed, 26. Garrison, how composed, 26. Who may appoint, 32-34. Field-officer's, how composed, 26. When established, 26. When authorized, 26. Who may appoint, 26. Field-officer cannot detail himself as, 33. Drumhead, in English service, 26. Mixed courts, 29. Milita and volunteer courts, 29. Staff-officers of superior rank may be detailed, by garrison commander, 32, 33. Courts of justice within the meaning of article 84, 116. Power of, to summon witnesses, 224. Cannot expel a member, 140, 141. Cannot punish judge-advocate, 233. Cannot excuse a member, 143. Must proceed to judgment unless nolle prosequi entered, 143. Jurisdiction of, (See Jurisdiction and Members.) CREDIBILITY OF WITNESSES, CRIMES, (See Witnesses.) (See Principals and Accessaries.) Definition of, 352. At common law, how divided, 352. Parties to, how classified, 353. CRIMINATING QUESTIONS. Witnesses cannot refuse to answer, 344, 345. CUSTOM OF WAR, How defined, 21. A source of military law, 21. Finds its applicability principally when, 21. D. DEATH, Finding under article, requiring penalty of, 150, 151. DEGRADING QUESTIONS. DELAYS, (See Witnesses.) Application for, when to be made, 127. When asked for, accused required to state what, 127. DEPARTMENT COMMANDER, Effect of absence of, from department, 186. May set aside proceedings of minor courts, 189. DEPOSITIONS, When allowed to be taken, 121, 122. What necessary to allow reading of, 122, 123. Where opposite party consents, may be read in certain By whom authenticated, 122, 123. DESERTERS, How punished, 170, 172. DESERTION. What regarded as, 255. DISMISSAL Of an officer, how approved, 185, 188. DIVULGING SENTENCE, On duty, what regarded as, 248-253. DYER, General, case of, 274. DYING DECLARATIONS, When admitted in evidence, 310. EMBEZZLEMENT, ENEMY, E. Definition of, by common law, 367. As enlarged by Congress, 367, 368. In charges of, transcript from Treasury books, Relieving the, 253, 254. Corresponding with the, 254, 255. Meaning of term, 253, ENLISTMENT, What constitutes, so as to render person amenable to trial, 302. EVIDENCE, Rules of, on courts-martial, 114, 300. On courts of inquiry, 276, 277. Courts cannot depart from rules of, 114. Effect of, depends on credibility of witnesses, 114. Definition of, 301. Originating, by courts-martial, 133, 134. Divisions of, 301. As to nature, how classified, 301. Primary, defined, 301. What regarded as primary, in cases of orders, 305. Best, must be produced, 302. Exceptions, to this rule, 302, 303. Secondary, when allowed, 303. What to be shown before allowed, 303. Refers chiefly to what, 303. In cases of lost document, 303. Where document is in hands of opposite party, 303, 304. Where document is in hands of third parties, 304 Introduction of weaker, how regarded, 305. Direct, definition of, 305. How derived, 305. Circumstantial, definition of, 306. Of two kinds, 306. EVIDENCE, Circumstantial, conclusive, when, 306. Presumptive, when, 306. Value of presumptions, 306, 308. Presumptions, how divided, 306. Of law, what, 306. Of fact, what, 306. Hearsay, definition of, 307, 308. Reasons for not admitting, 308. What not regarded as, 308, 309. Exceptions to rule rejecting, 310, 311. Dying declarations, when admitted in, 310. Testimony on former trial, how proved, 310, 311. Object of, 312 Must be confined to point at issue, 312, 313. Object of this rule, 312. Exceptions to this rule, 313, 315. Of facts tending to prove other facts not generally ad- Only substance of issue need be proved, 316. Rules of, as to matter of substance, 316, 317. Regarding averments, as to name, 318, 320. As to time, 320. As to place, 321. As to written documents, 322. As to value, 321. As to mode of committing an Variance in charges, and how corrected, 319, 320. Affirmative of issue to be proved, 322. Not to be confounded with negative, 322. Tests, for determining where burden of proof lies, 322, 323. Confessions, when admitted as, 338, 340. Must be voluntary, 338. What not regarded as voluntary, 338. Official character of person to whom made To private individual, how regarded, 338. |