じ and judicial proceedings of the courts of any State or Territory, or of any country subject to the jurisdiction of the United States, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the attestation is in due form, and the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken.1 Records not Judicial. All records and exemplifications of books, which may be kept in any public office of any State or Territory, or of any country subject to the jurisdiction of the United States, not appertaining to a court, shall be proved or admitted in any court or office in any other State or Territory, or in any such country, by the attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county, parish, or district in which such office may be kept, or of the governor, or secretary of state, the chancellor or keeper of the great seal, of the State or Territory, or country, that the said attestation is in due form, and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or country § 905, Revised Statutes. aforesaid in which it is made. And the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken.1 Greenleaf says, "The Acts of Congress respecting the exemplification of public office books is not understood to exclude any other modes of authentication which the courts may deem it proper to admit." As records cannot generally be transferred from their place of deposit, courts-martial would ordinarily allow proof by a copy. Where the proof is in this way, an examined copy, duly made and sworn to by any competent witness, is always admissible. It should appear, however, that the record, from which the copy was taken, was found in the proper place of deposit, or in the hands of the officer in whose custody the records of the court are kept. 3 The proceedings of a court of inquiry may be admitted as evidence by a court-martial, in cases not capital, nor extending to the dismissal of an officer; Provided, that the circumstances are such that oral testimony cannot be obtained.' Private Writings produced in evidence must be proved to be genuine. It is a general rule of evidence that where a fact can be established by written proof, which is regarded as superior to parol proof, the writing ought to be produced. The originals of private writings must be produced, and, until accounted for, oral testimony of their contents or copies will not be received. How Proved. The proof of deeds, wills, pay rolls, 1 § 916, Revised Statutes. Greenleaf, Vol. I. § 489. 4 Article 121. etc., where there is an attesting witness, should be by him. absent or has become If he is dead, insane, infamous, or otherwise incompetent, Other private writings are proved by the admission of Handwriting in a document may be proved in the following ways: (1) By calling the party who wrote it. (2) By a party who saw him write it. (3) By a party who has seen the person write on other occasions, if even once only; but he must swear that he believes, not that he thinks, it is his writing. The latter will not do. (4) By a witness who has seen documents purporting to be his writing, and, by subsequent communications with such party, he believes them to be authentic.1 In the last two cases the knowledge must not have been acquired with a view to this specific occasion.2 ease (5) By comparison. Proof by mere comparison of handwriting is not sufficient, but where other writings admitted to be genuine are already before the court, the comparison may be made by the members of the court, or by experts. Upon the testimony of experts to handwriting it seems to be the opinion that little if any reliance should be placed. There are a class of writings with which courts-martial dug, ca may frequently have to deal: viz., documents subscribed by affixing near it a mark. Unless there is something to identify it as being the mark of a particular person, the evidence is deemed not admissible. handwritin When a party gives part of a writing in evidence the adverse party has a right to have read all the passages connected with, or which may modify these, but not. irrelevant passages. the cartes CHAPTER XXVI. CRIMINAL OFFENSES. COURTS-MARTIAL, by the 62d Article of War, have at all times a jurisdiction of "all crimes not capital which officers and soldiers may be guilty of to the prejudice of good order and military discipline; " by the 60th Article, of offenses, such as perjury, forgery, etc., under certain circumstances; and by the 58th Article, in time of war, of a large number of offenses cognizable, in time of peace, only by the civil courts. But few of these offenses have been defined by Congress, and recourse must therefore be had to the common law for their meaning.1 Offenses Defined and Classified. An offense which may be the subject of criminal procedure, is an act committed or omitted in violation of public law, either forbidding or commanding it to be done. Offenses, at common law, are divided into three heads; treasons, felonies and misdemeanors. Treason. The Constitution provides that "treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort," and that "no person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court." U. S. vs. Magill, 1 Wash. C. C. R. 453, U. S. vs. Jones, 3 Wash, C. C. R 209. Article III, § 3, Clause 1, Revised Statutes, § 5331. Misprision of Treason. Every person owing allegiance to the United States, and having knowledge of the commission of any treason against them, who conceals, and does not, as soon as may be, disclose and make known. the same to the President, or to some judge of the United States, or to the governor, or to some judge or justice of a particular State, is guilty of misprision of treason.1 Felonies. A felony originally was an offense which occasioned a total forfeiture of either land or goods, or both, at the common law, and to which capital or other punishment might be added according to the degree of guilt. Forfeiture for crime having been generally abolished in the United States, the term felony, in American law, has lost this point of distinction; and its meaning, where not fixed by statute, is somewhat vague and undefined; generally, however, it is used to denote an offense of a higher grade, punishable either capitally, or by a term of imprisonment in the state's prison, and no other, is a felony.3 Wharton says: "At common law, in addition to the crimes more strictly coming under the head of treason, the chief, if not the only felonies, were murder, manslaughter, arson, burglary, robbery, rape, sodomy, mayhem and larceny. In this country, with a few exceptions, the common law classification has obtained; the principal felonies being received as they originally existed, and their number being increased as the exigencies of society prompted.* Misdemeanors comprise all offenses lower than felonies which may be the subject of indictment. Parties to Crimes are divided into principals and accessaries. Principals. The word principal is used in opposition § 5333, Revised Statutes. 3 Webster's Dictionary. 2 Bouvier's Law Dictionary. |