ployed at such work as the commanding officer may direct, usually clearing the grounds about the camp or garrison, cutting wood, &c. Prisoners, unless employed, would soon become sick.

THE COURT-MARTIAL.

610. WHEN enlisted men find themselves arraigned before a court-martial, a knowledge of how they should conduct themselves on trial is essential.

611. The charges are usually made known to the prisoner before trial. In fact, he is entitled to a copy of the charges against him beforehand, and should make up his mind as to what will be his defence. He may be permitted to have counsel in the court, if he requests it.

612. When the court is ready to proceed with the trial, the prisoner is brought in. The names of the members are called over by the recorder or judge-advocate; the order convening the court is then read over, and the prisoner then asks permission to introduce his counsel into the court-room. He then is asked if he has any objections to be tried by any member on the court. If he has any objection, he must state it: the objection may be either against the right of the court to try him, or to the relevancy of the charges, or to some members of the court. The court deliberates on the

objections, and he is informed of the result, whether his objections are sustained or not.

613. The court is next sworn in the presence of the prisoner, and the room is then cleared of the witnesses, and the charges are read to the prisoner, and he is asked how he pleads, first to the specifications, and then to the charge, "Guilty, or not guilty." If the prisoner does not answer, he is regarded as having plead "not guilty."

614. The witnesses that give evidence against the prisoner are called first. They are sworn by the recorder or judge-advocate, and first examined by him, then by the prisoner, and finally by the court. The prisoner writes out or dictates his questions to the recorder, who writes them down, and also the answers. The witnesses called by the prisoner are first questioned by him, then by the recorder, and then by the court.

615. When all the witnesses are examined, the prisoner makes his defence, if he has any to make, and a reasonable length of time will be allowed him if he wishes to write it, or the recorder will take it down if he delivers it verbally; or this may be done by the counsel for the prisoner. The recorder or judge-advocate can reply if he chooses. If the prisoner has no prospect of disproving the charges against him, his best course is to plead guilty, and rely upon his statement in defence; or he may bring witnesses to prove his previous good character; or he may even introduce testimony

mitigating the circumstances of his guilt, and trust to the mercy of the court.

616. During the trial it is customary to remove the shackles or handcuffs from the prisoner. After the trial, the prisoner is sent back to await the publication of the proceedings, which requires time. They are first sent to the officer ordering the court; and, if the sentence involves death, it requires the approval of the President, except in time of war, in the field, in the case of a spy or deserter, or of mutiny or murder, when it may be acted on by the commander of the army in the field. If the officer ordering the court is subordinate to the commander of the army, he may endorse final action on the proceedings, unless they extend to imprisonment in a penitentiary, or loss of life of the enlisted man, when they must be sent to the commander of the army. If the commander is himself the officer that ordered the court, then he must send the proceedings up to the President; if the soldier is sentenced to the penitentiary or death, unless in the case of a spy or deserter, or of mutiny or murder, in these cases he may act finally himself.

617. The legal punishments of soldiers are specified in the following Regulations, viz.:

"895. The legal punishments for soldiers by sentence of a court-martial according to the offence, and the jurisdiction of the court, are-death; confinement; confinement on bread-and-water-diet; solitary confinement;

hard labor; ball and chain; forfeiture of pay and allowances; discharges from service; and reprimands, and, when non-commissioned officers, reduction to the ranks. Ordnance sergeants and hospital stewards, however, though liable to discharge, may not be reduced. Nor are they to be tried by regimental or garrison courts-martial, unless by special permission of the department commander. Solitary confinement, or confinement on bread and water, shall not exceed fourteen days at a time, with intervals between the periods of such confinement not less than such periods; and not exceeding eighty-four days in any one year."

618. General courts-martial are not limited in the penalties they may inflict. Regimental and garrison courts-martial are limited in their powers by the following Article of War, viz.:—

"ART. 67. No garrison or regimental court-martial shall have the power to try capital cases or commissioned officers; neither shall they inflict a fine exceeding one month's pay, nor imprison, nor put to hard labor, any non-commissioned officer or soldier for a longer time than one month."

619. By sec. 7 of the Act of July 17, 1862, a field officer is authorized to act in all cases where a regimental or garrison court would have jurisdiction. The field officer tries the case instead of the court, and the proceedings should be similar, as far as possible, to those of a regimental or garrison court.

620. A soldier, seeking to have his sentence remitted by reason of subsequent good conduct, or in consequence of the development of new or addi

tional testimony in his favor, may do so by submitting the facts in the case to the officer who ordered the court and revised the proceedings, or to his successor.

621. Sec. 29, Act of March 3, 1863, contains a proviso, "that if the prisoner be in close confinement, the trial shall not be delayed for a period longer than sixty days." Therefore, at the expiration of sixty days, the prisoner can lawfully claim to be tried, or released from close confinement until he can be tried.

622. When prisoners are in confinement waiting to be tried by civil authority, they cannot claim payment for any portion of the time they are so confined, unless discharged without trial, or by trial and acquitted; and company commanders are required to state on their rolls the period of such confinement, and how discharged. (Circular 21, War Department, Adjutant-General's Office, March 1, 1864.) Soldiers convicted by civil authority are dishonorably discharged the service.

623. Soldiers should know that for all offences against persons or property, and for all crimes, they are as amenable to the civil authority as civilians, and can be arrested and tried the same as any other person.