Digitized by the Internet Archive in 2011 with funding from Duke University Libraries http://www.archive.org/details/dutiesofjudgeadvOOgilc THE DUTIES A JUDGE ADVOCATE, IN A TK1AL UEFOBK A GENERAL COURT-MARTIAL, COMPILED FROM VARIOUS WORKS OH .MILITARY LAW. by Captain R. C. GILCHRIST, ACTING JUDOS ADVOCATE OXNtB Department So. Ca.. lent book, which bears the same title as this. Within a short compass can thus be obtained the information found in them, and it is now the privilege as well as the duty of the Judge Advocate to instruct himself in all those matters pertaining to his position, remembering that " A Judge Advocate is the mainspring of a court-mar- tial; on him the court depends for information concerning the legality as well as the regularity of their proceedings > if he errs, ail may go wrong.'' — Adye. R. C. GILCHRIST. CONTENTS. CHAPTER I. Duties of a Judge Advocate previous to the assembly of a gen- eral court-martial 9 CHAPTER II. Duties of a Judge Advocate at a general court-martial 10 CHAPTER III. * Duties of a Judge Advocate as an officer of a general court- martial 11 [The usual mode of recording on the proceedings the vari- ous incidents liable to occur at B general court-martial, are included under the several beads, and red by being in italics.] Assembly, etc.. etc., of the court 12 Challenge of the members 13 Court sworn in ; form of oath 14 Counsel allowed prisoner lb' Postponement of trial Hi Charges read and discussed 16 Prisoner called on to plead ; various pleas 17 Examination of Judge Advocate and prosecutor 18 Examination of a member of the court 19 Witnesses called in : form of oath 20 Examination of witnesses 20 Questions how to be put ; rules relative to reception of ques- tions 21 Witness may refresh his memory by referring to memoranda. .22 Examination must be in presence of whole court 22 Evidence of a witness who is sick and unable to attend the court ; how taken 23 Deposition of an absent witness residing at a distance; how taken 24 Written documents: how authenticated and recorded 24 Evidence read over to witness previous to his leaving the court. 25 Witness can correct or amend the evidence he has given 25 Adjournment of court 26 Reassembly of court, and fair copy of proceedings 26 8 CONTENTS. Prosecution closed 27 Defence 28 Prisoner's address 28 Reply 28 The court can, at any stage of the proceedings hefore finding, recall evidence for examination 29 The trial finished 29 Finding: various forms of finding: how to collect votes, etc.. 29 The court may adjourn, and take time to consider their verdict and sentence 31 Sentence; votes how to be collected; various punishments to different grades 31 Mitigating circumstances, and recommendations to mercy... .33 Closing the proceedings and making up the record 34 Revision 35 CHAPTER IV. Duties of a Judge Advocate as public prosecutor 37 CHAPTER V. Duties of a Judge Advocate as legal adviser to a court-martial. 38 CHAPTER VI. Duties of a Judge Advocate after the proceedings of a general court-martial are closed 39 CHAPTER VII. On preparation of charges * . .40 CHAPTER I. DUTIES OF JUDGE ADVOCATE PREVIOUS TO ASSEM- BLY OF A GENERAL COURT-MARTIAL. 1. T?he orders directing the assembly of a gen- eral court-martial having issued, and a copy of them transmitted to the Judge Advocate nomi- nated to conduct the proceedings, together with such instructions as may be considered necessary for his guidance, it is his province to summon every person whose testimony is, in any shape, necessary for the prosecution or defence ; and the Judge Advocate is held responsible that all wit- nesses whose names are appended to the charges ( or appear in the proceedings of a court of inquiry, if there has been one), and whose evidence can be necessary to the trial, are duly summoned and properly examined. He must, from the informa- tion of the accuser, and in all practicable ways, instruct himself, before entering on the trial, in all the circumstances of the case, and by what evidence the whole particulars are to be brought out. Of these it is proper to prepare in writing a short analysis for his own regulation in the con- duct of the trial and examination of witnesses, so that he may not waste the time of the court by adducing witnesses collected at random, who may prove really incompetent to furnish any informa- tion, and whose presence in their respective com- mands may be more needed for the discharge of their regular duties. 2. A Judge Advocate, on receiving instructions to conduct a trial, should immediately ascertain if a copy of the charges on which the prisoner is to be arraigned has been transmitted to him. Having ascertained that he has received a copy 10 DUTIES OF JUDGE ADVOCATE, of the charges preferred, the Judge Advocate should immediately address letters both to the prosecutor (if there be one) and prisoner ; and, on receiving the names of any witnesses required for the prosecution and defence, issue a summons to each individual : but he should not summon any witness at the expense of the government, nor any officer of the army, without the order of the court, unless satisfied that his testimony is neces- sary to the ends of justice.* 3. The summons should he sent to the command- ing officer of the regiment to which the witness belongs; by which arrangement it is known to all parties when the services of the several wit- nesses are required. 4. If either of the parties wish for the evidence of a citizen of the state where the court is held, he must obtain a regular summons from the court, and the citizen disobeying the summons may, on the application of the Judge Advocate to the com- mander of the army, be arrested by military force and brought before the court, and may be held in close confinement until he or she shall consent to testify .t CHAPTEK II. DUTIES OF JUDGE ADVOCATE AT A GENERAL COURT- MARTIAL. 1. A Judge Advocate appears at a court-mar- tial in three distinct characters : First, as an offi- cer of the court : Secondly, as the adviser of the court in matters of form and law : Thirdly, as public prosecutor. In the first of these charac- ters the Judge Advocate registers and records all the acts of the court, and all oral evidence, as near as may be in the very words of the witness ; he * Army Regulations. SOS. t Act of February 17, 186-1. AS OFFICER OF THE COURT. 1 1 Dotes the hour of assembly and adjournment; and generally all incidental occurrences, particu- larly the clearing of the court, the cause thereof, and the result of the deliberations in closed court. The Judge Advocate advises the court on points of law, custom, and form, and invites its atten- tion to every deviation therefrom.* 2. The Judge Advocate can not, on any grounds, be challenged, as he acts at a general court-mar- tial on behalf of the government, and has no ju- dicative voice.f 3. A Judge Advocate should give every reason- ble assistance to the prisoner in his defence, either in. point of law or of justice. It is his duty that the proof, on both the part of the govern- ment and the prisoner, should be properly laid be- fore the court; and where any doubtful point may arise, he should rather incline to the part, of the prisoner; and nothing should induce him to omit any circumstances in the minutes of the proceed- ings that may have a tendency to palliate the charges against the party aecused.t J ustice is the object for which the court is convened and the Judge Advocate appointed ; to this aim ail their inquiries and attention ought to be directed; and if, in the prosecution of the design, the prisoner should be benefited, the efforts of the court, or of the Judge Advocate, will have been satisfactorily and legitimately exerted.* CHAPTEE III. DUTIES OF JUDOE ADVOCATE AS AN OFFICER OF THE COURT. 1. As an officer of the court the Judge Advo- cate reads the orders constituting it, administers * "iiniuions. t D ■ Hart. 7 McArthur. 12 DUTIES OF JUDGE ADVOCATE, the requisite oaths, arraigns the prisoner, and puts down the questions to the witnesses; during the trial, also, it is his duty to take down in writing the evidence of the several witnesses; and although this may appear to be a matter of little impor- tance, still the correctness of the proceedings, and the expediting of the trial, depend much on the quickness and precision with which the Judge Ad- vocate performs this seemingly unimportant part of his duty.* The proceedings should be written in a clear and legible hand, without erasures or interlineations; the pages are to be numbered, and the sheets are to be stitched together at the top, and made up separately, upon each trial. 2. In the heading of the proceedings it must invariably be stated by what authority the court is assembled — thus: Proceedings of a general court-martial, convened at , by virtue of the following order, viz : then follow all the orders, arranged according to their respective dates or numbers. 3. The officers nominated to compose a general court-martial having assembled at the place and time appointed in orders, the Judge Advocate stands up and calls over their names; each mem- ber, on answering to his name, takes his seat on either side of the President according to his rank. The Judge Advocate sits opposite to the Presi- dent, the prisoner to the right, and the witness on the left of the Judge Advocate ; the public, mili- tary, and civilians take their seats around the room at a short distance from the court. 4. The court being formed, the prisoner is called before it by name, which circumstance the Judge Advocate thus records on the proceedings : Captain , of the regiment , ap- peals as prisoner before the court ; or , private in company , regiment , is called into court. * Kennedy. AS OFFICER OF THE COl'KT. 1# CHALLENGE. 5. On the prisoner being called into court the Judge Advocate reads the orders convening the court; after which he asks the prisoner if he has any exception or cause of challenge to make to any of the officers nominated to siF on the court- martial before which he appears for trial. If he replies in the negative, the trial proceeds. G. But if the prisoner objects to any of the mem- bers, the Judge Advocate puts the following ques- tion to him : 13e pleased to state your reasons for objecting to Col. sitting on the court-mar- tial for your trial I The answer to this question, with all the evidence which the prisoner may wish to adduce to prove the validity of the challenge, must be taken down regularly, and fully recorded at length on the proceedings. The member ob- jected to then withdraws, and the court being closed, deliberates and decides on the validity of the challenge. 7. The usual manner of recording such delibera- tions is as follows : The court is closed, and having taken into consid eration the , deems the objection valid; or in- valid; or decides the papers handed shall or can not be received ; or the question shall or shall not be put to the witness. The court is opened, and the forego- ing decision is read. The court is not bound, and generally ought not, to give the grounds of that decision.* 8. The closing and opening of the court should be invariably noted on the proceedings. 9. When practicable, all challenges should be admitted. It is not only right to be as mild as possible toward a prisoner, but it is right also to let the prisoner and the public see that such is the case. A culprit should never be made to appear in the light of a martyr; for when this takes place, * Sir C. J. Napier. 14 DUTIES OF JUDGE ADVOCATE. much of the advantage of punishment is lost; be- sides, no officer who has been challenged likes to sit as a member of a court, and it is hard to oblige him to do so, unless the good of the service de- mands it* 10. The prisoner may challenge the whole court as being incompetent to try him, and object to its jurisdiction. In this case the court is cleared; it decides upon the validity of the prisoner's objec- tions, and declares the result of its deliberations in open court. Should the decision be in favor of the prisoner's objection, the court separates, and the Judge Advocate reports and applies to superior authority for instructions. t 11. The right of challenge belongs as well to the Judge Advocate as to the accused, and should be exercised when occasion requires.*)* THE COURT SWORN IN. 12. When all the objections are disposed of, the Judge Advocate proceeds to swear in the court by administering the prescribed oath to the presi- dent, and then to the members collectively on his right and left; all standing, lift the right hand ungloved, while the Judge Advocate recites, in an audible voice : " You, Colonel A. B., Major C. D., Captain E. F. (thus naming, with his rank, each member of the court), do swear that you will well and truly try and determine, according to evidence, the matter now before you between the Confederate States of America and the prisoner to be tried, and that you will duly administer justice, according to the provisions of 'An act establishing rules and arti- cles for the government of the armies of the Con- federate States/ without partiality, favor, or affec- tion ; and if any doubt should arise, not explained by said articles, according to your conscience, the best of your understanding, and the custom * O'Brien, 253. + De Hart. AS OFFICER OF THE COURT. 15 of war in like cases ; aod you do further swear that you will not divulge the sentence of the court until it shall be published by the proper au- thority; neither will you disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, a? a witness, by a court of justice, in due course of law. So help you God " 13. The President of the Court shall then ad- minister to the Judge Advocate the following oath, the members of the court remaining stand- ing, the Judge Advocate also standing, with his right hand lifted, ungloved : u You, A. B., do swear that you will not disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in due course of law; nor divulge the sentence of the court to any but the proper au- thority, until it shall be duly disclosed by the same. • So help you God." 14. The prescribed oaths having been adminis- tered, the Judge Advocate records on the proceed- ings : The court tvas then duly sworn by the Judge Advocate, and. the Judge Advocate was duly sworn by the presiding officer of the court in the presence of the accused. 15. It is to be observed that "on all trials for felo- ny the defendant must personally be present/'* and the record must show that he was present during the examination of all the witnesses up to the tinal closing of the court for deliberation. In the civil courts " this right is so inherent and inaliena- ble, that a judgment will be reversed where it ap- pears that the defendant was absent at the rendi- tion of the verdict, though his presence was at the time waived by the counsel. "y * 1 Chitty, C. L. 413 : 2d Hale, 216. f 6th Harris, 103. 16 DVTIES OF JUDGE ADVOCATE, COUNSEL ALLOWED THE PRISONER. 16. It is at this stage of the proceedings that the prisoner asks permission of the court to he allowed the assistance of a professional gentle- man, or a friend in the court, during the trial ; but no person is, on any account, to be permitted to address the court, or to interfere in any man- ner with its proceedings, except the parties them- selves. Such assistance must be restricted to the giving advice, framing questions, or offering, in writing, any legal objections that the course of the proceedings may appear to render necessary.* The counsel or friend should commit to paper the necessary interrogatories as they may arise, which the prisoner gives, on separate slips, to the Judge Advocate.f POSTPONEMENT OF TRIAL. 17. Application for delay or postponement of trial must, when practicable, be made to the au- thority convening the court. When made'to the court it must be before plea, and will then, if in the opinion of the oourt well founded, be referred to the authority convening the court to decide whether the court shall be adjourned or dissolved, and the charges reserved for another court-! 18. Upon application by the accused for post- ponement on the ground of absence of witness, it ought distinctly to appear on oath : first, that the witness is material, and how; second, that the accused has used due diligence to procure his at- tendance; and, third, that he has reasonable ground to believe, and does believe, that he will be able to procure such attendance within a rea- sonable time stated. § CHARGES READ AND DISCUSSED. 19. The court having been duly constituted by * Kennedy. f Hough. % Array Reg., p. 864. 2 Idem, p. 80i. AS OFFICER OF THE COIRT. 1? the prescribed oaths having been administered, the Judge Advocate reads the charges in an audi- ble voice; on hearing which, should any doubt arise, whether originating with the members of the court or with the parties on trial, with regard either to the competency of the court's jurisdiction or the relevancy of the charges, tiiese doubts must now be discussed A general court-mar- tial ought to satisfy itself, previous to the arraign- ment of the prisoner, that the facts alleged in the charge brought before it do constitute the crimi- nal offence intended, and that they are described in such a legal manner as would authorize it to award, on conviction, the punishment which the law prescribes for each particular offence.* 20. If any doubts arise or any objection is made to the charges by the court, Judge Advocate, or prisoner, the proceedings, and the decision of the court thereon, must be regular]}' and fully re- corded. 21. It must, however, be borne in mind that, when a charge has been approved by proper au- thority, and ordered to be investigated, it is not competent for the Judge Advocate or any other person to make alterations in it without the con- sent of such authority being previously obtained. v ARRAIONMEXT OF TRISONER. 22. The Judge Advocate now asks the prisoner, bv his name and designation : Captain , you have heard the charge {or charges) preferred against you ; how say you, guilty, or not guilty ? 23. The ordinary plea is " not guilty/' but some- times the prisoner stands mute, or pleads '-guil- ty." In either ease the trial proceeds; for it is es- sential that the facts and particulars should be known to those whose duty it is to report on the • Kennedy. See chaprer VII. t Tytler. tCj DUTIES OF JUDGE ADVOCATE, ease, or who have discretion in carrying the sen- tence into effect.* If there is any exception to this remark, it is where the specification is so full and precise as to disclose all the circumstances of mitigation or aggravation which accompanied the offence. Where that is the case, or where the punishment is fixed and no discretion is allowed, explanatory testimony can not be needed. f 24. Sometimes pleas in bar of trial are submit- ted by the prisoner for the consideration of the court : whatever the plea may be, it must be fully recorded on the proceedings [if a written state- ment of the plea is handed into court, it is read by the prisoner or the Judge Advocate, and then ap- pended to the proceedings], as well as the deci- sion of the court thereon. If the plea is consid- ered valid, an extract of the proceedings of the court on this subject is sent to the authority who convened the court for his information and in- structions, the court adjourning till they are re- ceived; but if the plea is considered invalid, such is duly recorded, and the trial proceeds — the de- cision of the court being communicated to the prisoner by the Judge Advocate on the court be- ing opened to the public* 25. The prisoner having pleaded to the charge, the Judge Advocate cautions all witnesses on the trial to withdraw, and to return to court only on being called.;}; Which is noted on the proceedings thus : The witnesses are directed to retire. • EXAMINATION OF JUDGE ADVOCATE AND PROSECU- TOR. 26. The Judge Advocate and prosecutor being necessarily present during the examination of all the witnesses, if required to give evidence, are sworn immediately after the opening of the case; * Simmons. t Opinions of A. G., 2, 637. J Hughes. AS OFFK.'KR OF THE COT'R'l . \\i nor would it be proper, at any other stage of the proceedings, to admit their examination or deposi- tion in chief, except when called as witnesses for the defence.* And when the prosecutor's exami- nation as a witness is finished, he should request permission to remain in court ; which circumstance, and the court's acquiescence therein, should be noted on the proceedings thus : The prosecutor here asks permission to remain in court, which request is granted. '21 . But it is to be remarked that u.n informant is allowed to be present in court for the purposes of material justice, as an assistant to the Judge. Advocate, and that he can not of himself propose any questions or make any observations whatever. Should anything occur to him during the proceed- ings, he must state it to the Judge Advocate, who, if he thinks the remarks are just, will avail him- self of the suggestion. f EXAMINATION OF A MEMBER OF THE COURT. 28. Notwithstanding there is no legal objection to a member of a court-martial giving evidence before the court of which he is a member, 3-et it certainly appears to be highly objectionable, espe- cially when a member of a court is required to give evidence on the part of the prosecution. If it is ascertained, previous to the assembly of the court, that the evidence of an officer nominated on u court-martial is required, he should be immedi- ately relieved ; and if a member, after taking his seat and being sworn in, is called on to depose to facts, justice demands that he should not resume his seat as a member, to decide on evidence he has himself given ; but when a member is called on to give evidence as to the character of a prisoner, no such objection exists; and in al! cases it is cus- tomary tor a member so sworn to give his testi- * Simmoiii. t Kennedy. "Zi) DUTIES OF JUDGE ADVOCATE, mony as to the character of the prisoner, and then to resume his seat.* WITNESSES CALLED IN AND SWORN. 29. When a witness is produced, and before he is sworn, any objection to his competency ought to be stated ; and the course of proceeding is, that the party who objects to the witness should state all his objections at the same time, in order to pre- vent unnecessary delay. These objections must be fully recorded on the proceedings. 30. All persons who give evidence before a court-martial are to be examined upon oath in the following words : " You swear, or affirm (as the case may be), the evidence you shall give in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God."f 31. The prescribed oath or affirmation having been administered to the witness by the Judge Advocate, he enters a minute on the proceedings that such has been done, having previously re- corded the rank, name, and occupation of the witness at full length. CHARGES SHOULD NOT BE READ TO WITNESSES. 32. It is not essential to the ends of justice, or the regularity of the proceedings, nor by any means conducive to the better examination of witnesses, that the charges should be read to them ; on the contrary, the perusal of the charges to a witness has a tendency to put him at once upon a narrative, and not to keep him from it. The wit- ness is always furnished with dates by it, and with other most essential particulars.^ EXAMINATION OP WITNESSES. 33. The testimony of each witness is to be * Hughes. f 73d Article of War. % Sir Jasper Nicolls. AS OFFICER OF THE COURT. 21 separately and distinctly recorded on the proceed- ings in this manner: Lieutenant , of the — regiment, a witness on the part of the prosecution, called into court and duly .worn. 34. And when his evidence is finished, an entry is made to this effect : The witness withdraw*. 35. It is usual to take down the evidence by way of question and answer, and on recording each in- terrogatory the party putting it should be dis- tinctly noted — as thus : Examined by the Judge Advocate. Cross-examined by the prisoner. .Re-examined by the Judge Advo- cate. Examined by the court. 36. Sometimes, however, a witness gives his tes- timony in the way of narrative, in which manner it must likewise be taken down in writing, and the Judge Advocate is bound to adhere to the precise words of the witn< 37. The Witness is examined in chief by tin- party who produces him. The opposite party next cross-examines him ; and in case of new matter being introduced on the cross-examina- tion, the party calling him re-examines into that matter; and then the court puts such questions to the witness as it thinks necessary. It is es- sential to the regularity of the proceedings of a court-martial that this mode of examining wit- nesses be strictly adhered to; for whenever the parties or the court put questions backward and forward, first one and then the other, it confuses the witness, perplexes the case, and most mate- rially incapacitates the party producing the wit- ness from deriving that benefit from his testimony which he might otherwise have done. If a ques- tion as to any material fact has been omitted upon the examination-in-chiefj it is to be suggested to * Kennedy. 4Z DUTIES OF JUDGE ADVOCATE, the court, which will exerciao its discretion in putting it to the witness.* 38. Leading questions, that is, such as instruct the witness how to answer on material points, are not allowed on the examination-in-chief — for to direct witnesses to their evidence would only serve to strengthen that bias which they are generally too much disposed to feel in favor of the party calling theni.f 39. All parties may object to any question, but the ground of objection should be clearly stated. The court decides whether the question shall be put, shall be shaped in a different form as to the words, or shall be rejected altogether. The court's decision is final, and the party must rest satisfied with it.t 40. A party before the court can not object to a question put by the court, though he may to a question put by a member of it, before the collec- tive opinion of the court has been expressed in relation to it. The reception of a question by the court, originating with an individual member, makes it a question by the court; but where re- jected, in order to save a contradiction in the record, it is necessarily written down as by a member.§ WITNESS MAY REFRESH HIS MEMORY BY REFERRING TO MEMORANDA. 41. If a witness has made a memorandum of facts, he may refresh his memory by referring to it; lie is not allowed to read a written statement of his evidence. || The opposite party, when cross-exam- ining, is invariably permitted to inspect the mem- oranda referred to by a witness.^ EXAMINATION MUST BE IN PRESENCE OF WHOLE COURT. 42. It is essential that the examination of wit- * Bombay Military Regulations, f Philips' Law of Evidence. 1 Hough. a De Hart, || Starkie. «[ 1 Philips. AS OFFICER OF THE COURT. 23 nesses should take place in the presence of all mem- bers of the court, and as in fact no act performed by part of the court can be legal, the unavoidable absence of any member, by sickness or otherwise, at any period, necessarily prevents his resuming his seat.* 43. Whenever a member leaves a court with the president's permission, the Judge Advocate ceases to record any evidence 'hiring his absence.f 44. If necessary to examine any witness who is prevented attending by sickness, the whole court must adjourn to the place where the witness may be. When all the parties have assembled in the room of the sick person, the Judge Advocate must call over the names of the officers composing the court in the presence of the prisoner, to ascer- tain that all are present previously to administer- ing the oath, or taking the evidence of the wit- ness. This circumstance, and the return of the court to its former place of assembly, should be minuted on the proceedings — thus: Captain A. B., having been reported unable, from illness, to leave his quarters, and the surgeon of his regiment being of opinion that it is probable several weeks (or months) may elapse previous to his being able to do so, the court adjourns to the quarters of Captain A. B. ; having assembled there, the presi- dent, members, and all parties before the court, being present, Captain A. B. is duly sworn. 45. The evidence of the sick man is then taken, after which the court returns to its former place of assembly, when the Judge Advocate must enter a minute to the following effect : The court having returned, to its former place of assembly, and all parties being present, the trial pro- ceeds. * Bombay Military Regulations, and Opinions of Attorney-Gen eral, 2, 415. f Hough. 24 PITIES OF JFDGE ADVOCATE, EVIDENCE OF ABSENT WITNESS : HOW TAKEN. 46. In cases not capital, the depositions of wit- nesses, not in the line or staff of the army, may be received. This deposition may be made before a justice of the peace, provided the prosecutor and the person accused are present at the taking of the same, or are duly notified thereof. This pro- vision of the law is confined to non-military per- sons.* The 74th Article of War, by providing, under certain restrictions, and in cases not capital, that depositions may be taken, negatives their al- lowance in other cases.f WRITTEN D0CU3IENTS: HOW AUTHENTICATED AND RECORDED. 47. Every kind of writing, if duty authenticated, is admissible at a court-martial; but the original must be produced, and no copy, except of official papers, should be admitted, unless the court is sat- isfied that it was not in the power of the party to produce the original. t An order of the Adjutant and Inspector-General has the force of regulations for the government of all branches of the army, and printed or written copies of the same are duly authenticated when endorsed as official by any assistant adjutant-general, or by any chief of a bureau of that department^ 48. It is a universal rule that, where any docu- ment is produced and read by one party, the whole is to be read if the adversary require it ; for unless the whole be read, there can be no certain- ty as to the real sense and meaning of the whole document. J 49. In drawing up the proceedings of courts- martial, all written evidence which tends to prove the charge ought to be recorded in the place to which it applies, but such as merely tends to explain or illustrate the evidence, or such parts of *Hugkeg. f Opinions of Attorney-General, 2, 344. % Kennedy. # A. and I. G. General Orders, 147, 1863. AS OFFICER OF THE COURT. 25 the documents given in evidence as do not imme- diately relate to the charge, should be annexed to the proceedings as an appendix.* 50. When a written document is handed to the court, it is usual for the Judge Advocate to enter a minute on the proceedings similar to the follow- ing : The prosecutor [witness, or prisoner] here hands into court a letter from to the address of , dated , which is read, admitted by the court, marked No. 1 [or 2, or 3, or A, B, or C], and attached to the proceedings. EVIDENCE READ OVER TO WITNESS BEFORE LEAVING THE COURT. 51. J t is customary, when deemed necessary by the court, or desired by a witness, to read over to him, immediately before he leaves the court, the record of his evidence, which lie is desired t<» cor- rect, if erroneous; and, with this view, any remark or explanation is entered on the proceedings. It would obviously be improper to read over the rec- ord to a witness, or permit him to refer to it when under or previous to cross-examination; no eras- ure or obliteration is, under any circumstances, admitted.f WITNESS CAN CORRECT OR AMEND HIS TESTIMONY. 52. At courts-martial a witness may, after hav- ing left the court, and even on a subsequent da}*, request to be readmitted, in order to correct or amend the evidence he has given.* In w T hich case the Judge Advocate thus records, on the proceed- ings: 2d witness for ~\ Lieut. , regiment, the prosecution j- appears in court, and requests per- [or defence'}. ) mission that the evidence he gave on may be read over to him, to enable him to cor- rect [amend, or explain] such portion of it which he 'Kennedy. f Simmons. 20 DUTIES Ol JUDGE ADVOCATE, considers was not sufficiently clear (or as the case may be). The Judge Advocate then enters on the proceed- ings whatever explanation the witness offers.* 58. When the court has asked all questions of a witness he is directed to withdraw, and this is al- ways noticed in the proceedings, to show that two witnesses were not in court at the same time,f thus: The witness withdraivs, or retires. ADJOURNMENT. 54. The hour of adjournment its well as that of assembly each day, is invariably to be entered on the record of the proceedings of courts-martial ; and in the event of adjournment at an hour earlier than usual, the cause thereof is to be explicitly stated. X 55. The usual mode of recording such occur- rences is as follows : It being 3 o'clock, p. m., the court adjourns till 11 o'clock to-morrow forenoon, Wednesday, the day of January, 1864. The other witness not being in attendance, or a member being ill (or as the case may be), the court, at 1 o'clock, p. m., adjourns till 11 o'clock to-morrow forenoon, Tuesday, the day of January. 18(>4. Colonel and President. , Captain, Judge Advocate. It is now customary to sign each day's proceed- ings for the purpose of authentication. REASSEMBLY, AND FAJR COPY OF PROCEEDINGS. bay. 11 o'clock, a. in., Wednesday, the day of Jan- uary, 1864. At a General Court-martial, then held at , pursuant to adjournment, Present — Colonel A. />.. Major C, J), (and the names of each of the other officers as first re- corded). Absent — Captain M. X., reported tick (or as the case may be). Read over the proceedings of yesterday. 58. A fair copy of the previous day's proceed- ings should always be read, when any trifling error or omission (which might be forgotten after the delay of several days) can be easily rectified ; and, above all, it keeps the court in mind of the evidence that has been given ; and instead of being a loss of time, it really expedites the business of the court, which would otherwise, perhaps, have to adjourn tor a day or two, to enable the fair copy of the proceedings to be prepared-! PROSECUTION CLOSED. 50. When the prosecution is closed, the Judge Advocate must enter a minute to that effect on the proceedings, thus: The prosecution is here closed. After Avhich no further evidence on the part of the prosecution can be admitted, t except in reply, as is noticed hereafter. § *Tytler— Kennedy. f Hashes. J Ibid. 2 See section «0. 28 DEFENCE. 60. The prosecution being closed, the prisoner then enters on his defence. 61. The prisoner having finished the examina- tion-in-chief of each witness, the Judge Advocate cross-examines. The prisoner re-examines to the extent allowed the prosecution, that is, on such points as the cross-examination may have touched upon, and the court puts any questions deemed necessary.* prisoner's address. 62. The address of the prisoner, prepared sub- sequent to the reception of all the testimony, is read by the prisoner, or if any cause should pre- vent his so doing, it may be, at the request of the prisoner, read by his counsel, the Judge Advocate, or a military friend,*)- an entry of which is made as follows: The accused, Captain A. B., presented and read [or which was read by his counsel] the written defence (marked A) appended to these proceedings. 63. When the defence is closed, the Judge Ad- vocate enters a minute to that effect on the pro- ceedings, thus : The defence is here closed. After which no evidence on the. part of the de- fence can be admitted.! REPLY. 64. It is conceded that the Judge Advocate has the right to reply in any case, whether evidence has been adduced by the defence or not. By a reply is understood the right of observing on the evidence in general, or by controverting any new matter which may have been introduced by the prisoner in his defence by other testimony. New matter may be considered as anything introduced :;: Simmons. f De Hart. \ Hughes. AS OFFICER OF THE COURT. 29 into the defence on which the prosecution has had no previous opportunity of addressing the court, and when a reply is desired by the Juflge Advo- cate the court will always grant a reasonable time for its preparation,* and upon his reading it the trial ceases. COURT MAY RECALL A WITNESS. 65. After the prosecution and defence are closed, it is still competent for a court-martial to recall a witness for the purpose of putting any particular question deemed essential. The parties must, however, be present.f THE TRIAL FINISHED. 66. When the prosecutor and prisoner have laid their respective cases before the court, the trial is finished, which circumstances should invariably be recorded on the proceedings. A minute similar to the following is usually entered : The trial is finished, and the parties and Witnesses are discharged from further attendance. 67. The court is then closed, and the Judge Advocate reads over the entire fair copy of the proceedings, or such parts of it as may be con- sidered necessary.J JS T o evidence should be re- ceived after the court has been cleared for delibe- ration^ FINDING. 68. The Judge Advocate now proceeds to take the opinions of the members on the evidence in the matter before them, by putting the following question to each individual, commencing with the youngest member : " From the evidence in the matter now before you, how say you of the speci- fication, or charge : is the prisoner guilty, or not guilty?"* ' * DeHart, and Opinions of Attorney-General, 2, 2S6. f Simmons. { Hughes. i Opinions of Attorney-General, vol. 3, 545. 30 DUTIES OF JUDGE ADVOCATE, 69. When the charge consists of several counts or specifications, each is put consecutively, first on the specifications and then on the charge. The Judge Advocate, immediately after he has taken the votes on each count or specification, states the result. 70. The majority, in every instance, binds the minority. The opinion of the majority is the opinion of the court.* 71. Courts-martial are bound to exhaust the whole charges that come before them, by express- ly acquitting or convicting the prisoner of each allegation that is contained in them.f 72. Should it happen, by the organization of the court, or from' the accident of sickness or death of any of the members, that there is an equality of votes upon the finding, the doubt must be resolved in favor of the prisoner, and he must have the benefit of an acquittal.* The president has no double or casting vote. J 73. The court, in its findings, may show that it esteems the prisoner not only innocent of the specific charges preferred against him, but likewise of all impropriety of conduct in any circumstance connected with them, by acquitting him either " fully," or " most fully," or " honorably," or " most honorably," or " fully and honorably," or " most fully and most honorably." The word " honorably" should never be used except in ac- quitting a prisoner of charges in which his honor is implicated.-)- 74. Courts-martial may also declare the charge to be u frivolous," "vexatious," ''unwarranted," " unfounded," or " malicious," and that the prosecu- tor, in preferring it, was actuated by private pique and resentment, and not by any motive for the good of the public service.* This is a measure which a court-martial ought always to adopt when the conduct of the prosecutor is deserving of censure, as it is not only a satisfaction due to j Kennedy. i Hough. AS OFFICER OF THE COURT. -II the prisoner, but as it may often prevent the ne- cessity of another trial.* 75. Should the court be unanimous in their opinion on any point, the Judge Advocate is not authorized to insert the word " unanimous. "* 76. Civil juries are required to find a verdict before separating, but such is not the case with military courts. Indeed, the nature of the of- fences considered by them, pertaining to. and affecting a particular community only, makes it unnecessary. They, therefore, may adjourn from day to day. to consider their finding or sentence. 1 SENTENCE. 77. Should the court find the prisoner guilty, the Judge Advocate then proceeds to take their opinions on the punishment to be awarded, by putting to each member, commencing with the youngest, this question : u The court having found the prisoner guilty of such an offence, in your opinion what punishment ought to be award- ed^'J 78. The Judge Advocate, as on the finding, writes down on a sheet of paper the nature and quantum of punishment each member considers should be awarded; and immediately after he has taken the votes of all. states the result. Here also the majority in every case binds the minori- ty, except in cases where the extreme penalty of the law, viz., death, is awarded, when the votes of two-thirds of the court are requisite. § 79. Every member must give his vote, whether he has acquitted or condemned the prisoner.|| 80. When the judgment of members differs as to the nature of the punishment, it is usual to sep- arate the question : first, to ascertain the nature, the majority deciding; then the quantum. 81. An officer is liable to be adjudged the fol- lowing punishments : Death ; reprimand or admo- * Griffiths. fDeHart. i Hughes. ^Kennedy. || Simmons. 32 DUTIES OF JUDGE ADVOCATE, nition, public or private; cashiering or dismissal from the service j suspension from rank, pay, and emoluments. 82. The legal punishments for soldiers 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 branding with initial letter on the hip, indelibly. Solitary confine- ment, 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 a year.* Non-commissioned officers, in addition to the above, may be sentenced to loss of rank by reduction to the station of a private sol- dier; and in all cases where he is to be punished by imprisonment, he must first be reduced. 83. When the Judge Advocate has taken the votes of the members of the court on all points, he draws up the finding and sentence, which, being approved of by the court, must be entered on the proceedings, alwa}^s in the Judge Advocate's own handwriting. y 84. With respect to the wording of the sen- tence, in cases discretionary with the court, no special form is necessary. It should obviously be expressed in clear and unambiguous language. In cases not discretionary, the court would do well to adhere as literally as possible to the terms of the statute, or Article of War, by virtue of which the punishment is awarded. J 85. The sentence recorded must never give any intimation of the majority by which it was pro- nounced, except that, in case of sentence of death, the fact that two-thirds did concur must be stated. The court should studiously avoid all arguments or special reasons in justification of its sentences.! * Army Reg., 773. f Kennedy. J Simmons. § O'Brien. AS OFFICER OF THE COURT. MB 86. The finding and sentence are usually drawn up as follows : The statement of the parties being thus in posses- sion of the court, the court urns cleared for delibera- tion; and having maturely considered, the evidence ad- duced, finds the accused, Captain A. B., regiment, as follows: Of the first Specification of first Charge: "Guilty." Of the second Specification of first Charge : • Guilty" Of the third Specification of first Charge: "Guilty, ft-if/i the exception of the words ." Of th e first Charge .« • k G u ilty. 1 ' Of the Specification of the second Charge: Guilty:' Of the second Charge : u Not Guilty:' And. the court does, therefore, adjudge him, the said. Captain A. B., regiment, to be cash>> 5 ( 1 olonel and President. , Captain. Judge Advocate. [If the prisoner is acquitted.] And the court does, therefore, acquit him. the said Lieutenant C. D., — — regiment, of all and every part of the charge. Signed as above. MITIGATING CIRCUMSTANCES AND RECOMMENDA- TION TO MERCY. 87. When any extenuating circumstances at- tending the offence which ought to be considered in favor of the prisoner, appear in evidence, they should, in strictness, influence the finding. For when, as it is too often the case, a deviation from this simple rule occurs, the punishment becomes inadequate to the finding of the court. This must always be more or less prejudicial to mili- tary discipline; and nothing can more contribute to render military law vague and uncertain than /&4 JHJTJKS OK JUDGE ADVOCATE, the striking discordances between the findings and sentences of courts-martial. This is generally unnecessary, for courts are not bound to confine themselves to a general verdict of guilty, or not guilty. If courts do their duty in the finding, every extenuating circumstance will have its fair weight in the sentence. Indeed, common justice requires that the prisoner should not be found guilty of a greater crime than the evidence fixes upon him; and, if the specification causes the act to appear more criminal than the evidence will warrant, the court should correct this, and show the exact state of the case. But no extenuating circumstances, not connected with the acts alleged, can have any effect except in inducing a recom- mendation to mercy.* 88. No recommendation to mercy is to be writ- ten in the body of the sentence; but it is to be inserted on the same page, if possible, below the signatures of the President and Judge Advocate.f 89. The usual mode of recording recommenda- tions to mercy is as follows : The court having thus 'performed the painful duty of awarding punishment, in strict conformity to an Article of War, which deprived it of all discretion- ary power, begs leave to recommend, the case of to the merciful consideration of the confirm- ing authority. The court may then add any further remarks that may be deemed necessary. % CLOSING THE PROCEEDINGS AND MAKING UP RE- CORD. 90. A blank space of at least a page is inva- riably to be left at the conclusion of the record of proceedings of all courts-martial, in order that the commander-in-chief, or officer to whom the pro- ceedings are to be submitted, may find room to * O'Brien, 265. | Arra y Regulations, S72. J Hughes. AS OHICKR OF THi: COURT. :'»."> insert his signature, together with such remarks as the particular case may call for.* 91. When more than one case has been tried by the same court, the record of each case must be made up complete in itself, and must recite all the orders, arranged according to their respective numbers or dates The proceedings should be written on foolscap, the pages numbered, with a margin of one inch on the left side of each page, and at the top of the odd and bottom of the even pages; through this last margin the sheets to be stitched together, f and then folded twice. The endorsement must be made at the top of the first quarter of the sheet, and is generally as follows : Proceedings of a G. 0. J/., <-onc at , G. 0. No. — . series 1864, Department 8. c. Ga., and F&i., Jan. — , 1864. Confederate States, ~] VS. Si -7 Capt. i , ; Case No. - Co.A,— nyt.S.C. V. J , Judge Advocate. The cases should invariably be numbered, as it shows the reviewing officer if any have been lost in lor warding. REVISION. 92. When a court-martial is ordered to revise its finding and sentence, it is usually minuted in the proceedings in the following manner: Tenth day. Eleven o'clock, a. m., Monday, the day of January, 1864. At a General Court-martial, reassembled at under orders from the Commanding General, Present the same members as on Thursday, the * Madras Mil. Reg. f Army Re-., 871. 30 DUTIES OF JUDGE ADVOCATE, day of January, 1864, to wit : [Then follows a list of all the officers.] The Judge Advocate lays before the court the an- nexed letter [or order] from Head-quarters, Depart- ment of South Carolina, Georgia, and Florida, dated , which is read. The court proceeds to reconsider its findings and sentence. Revised finding ) and sentence. ] 93. Whenever the proceedings of :i court-martial are ordered to be revised, it is illegal for the court to call and examine fresh witnesses ; the revision is to be confined entirely to a reconsideration of the matter already recorded on the proceedings.* 94. Only those present during the investigation of the case, and who voted on the finding or sen- tence, should be allowed to sit on the re-examina- tion of the reasons upon which the former opinion of the court rested. It also seems more just, both to the prosecution and defence, that all the mem- bers who voted in the first instance should also be present during the revision of their recorded judg- ment. 95. When a case is thus remanded for the recon- sideration of the court, it is their duty to exam- ine all the points to which their attention has been directed, with the utmost care, patience, and de- liberation, which of course would involve a recon- sideration of their former opinion, findings, and sentence. These, however, must never be erased, but the revised opinion and sentence are sent in as additions to the record.f 96. It is to be particularly observed, that how- ever excusable an adherence, on conscientious mo- tives, to finding and sentence once pronounced, may be, where error of judgment, arising from a misconception of the law, or of the custom of war in like cases, is brought to the notice of a court- * Bombay Mil. Reg. f Lee's Vade Mecum. AS PUBLIC PROSECUTOR. 37 martial, supported by respectable authority, its perseverance in error is a dereliction of duty and a baneful example.* CHAPTER IV. JUDGE ADVOCATE AS PUBLIC PROSECUTOR. 1. The Judge Advocate being prosecutor for the government, must not induce him to omit anything on the records of the court that ma}' be of service to the prisoner j neither is he, on the other hand, to let the cause of justice suffer, and a criminal es- cape unpunished, through lenity or any other motive whatever. But in the prosecution, though he should act with spirit and resolution against daring offenders, yet he ought to be cautious not to injure and oppress, and, much more, not to add insult to severity. In all cases where misfortune is interwoven with guilt, he should make it appear that detestation of the crime, and a regard to the public safety and service, are not inconsistent with pity to the man, particularly to offenders for the first time; to such whose crimes are small, whose temptations were powerful, and who appear to have been seduced by others.f 2. The duty of a Judge Advocate as a public prosecutor can not be mistaken : he is appointed to prosecute in the name of the government, to search out the truth, and, at the same time, "to obviate a failure of justice ;" he is bound to lay be- fore the court the full particulars of the circum- stances which are considered to have been an in- fringement of the ordinances of the army, and in doing so must produce, without partiality or favor to either party, all evidence that tends to elicit the truth. However painful it may be to his feel- ings as an individual to sustain a prosecution, whether the evidence tends to conviction or acquit- * Bombay Mil. Reg. f Adye. 38 DUTIES OF JUDGE ADVOCATE, tal, his allegiance to his government, his duty to his country, the maintenance of discipline, and, above all, justice, equally demand a faithful dis- charge of the duty. Let the Judge Advocate, in the performance of this duty, also remember, " the good of the service excuses all things ; the conve- nience of individuals excuses nothing, when the question is one of justice."* CHAPTER V. DUTIES OF JUDGE ADVOCATE AS LEGAL ADVISER, TO THE COURT. 1. Another important duty of the Judge Advo- cate during the trial, is the instructing or counsel- ling the court, not only in matters of essential and necessary form, with which he must be pre- sumed to he, from practice, thoroughly acquaint- ed, but in explaining to it such points of law as may occur in the course of its proceedings : for which purpose a Judge Advocate ought to in- struct himself in the general principles and rules of law, and in the practice of criminal courts.f 2. On every occasion when the court demands his opinion, he is bound to give it with freedom and amplitude ; and even when not requested to deliver his sentiments, his duty requires that he should put the court upon its guard against any deviation either from any essential or necessary forms in its proceedings, or a violation of mate- rial justice in its final sentence and judgment.* 3. When a court is deliberating on its finding, it is obvious that the Judge Advocate is likely to be the person best qualified to assist in judging of the credibility and weight of the evidence record- ed, and in applying it correctly to the facts at issue. \i\ therefore, he should observe that the * Hughes. t Tytler. AFTER COURT-MARTIAL. *3il court appeared inclined to find a verdict contrary to such evidence, it is undoubtedly bis duty to en- deavor, by the expression of his opinion, to prevent it from deciding so erroneously.* 4. But when the court is passing sentence, the Judge Advocate ought not then to offer any opin- ion ; for though he may be considered to be in no slight degree responsible for the correctness of the finding, he is in no means answerable for the ade- quacy or inadequacy of the punishment which the court may award.* 5. In cases, however, where the Judge Advocate thinks that a particular Article of War applies to the offence of which a prisoner has been found guilty, it is his duty to point it out to the court ; and if any question arises relative to its applica- bility, it will not be disputed that lie ought also to give his opinion on Mich an occasion.' 1 ' CHAPTER VI; DUTIES Of judge advocate after the PROCEED - rNGS OF A COURT-MARTIAL ARE CLOSED. 1. The Judge Advocate lays the proceedings of courts-martial before the commander-in-chief, t<> whom he makes his report. Though he is very properly forbidden to discover or disclose the vote or opinion of any particular member, still he is not precluded by the article, when he makes his report, if required so to do. to state any circum- stance within his knowledge which may not be recorded on the proceedings, which the command- er-in-chief should be confidentially informed of. So long as it does not extend to the prohibited dis- covery or disclosure of the vote or opinion of any particular member, it ma} 7 go to the general opin- ion of the court, which can not affect the members individually or collectively.! * Kennedy. f Hough. 40 GENERAL OBSERVATIONS ON 2. It is proper that the Judge Advocate should retain in his own possession the original minutes of the proceedings drawn up by him in court dur- ing the course of the trial, that in case of any after questions which may be moved in the ordi- nary courts of law, touching the conducting or re- sult of the trial, the Judge Advocate may have recourse to them as necessary documents, if he should be called upon to give evidence in relation thereto.* 3. When the proceedings upon the trial of the last prisoner to be tried before any general court- martial are forwarded to head-quarters, the Judge Advocate is invariably to make a report to the adjutant-general that the court is adjourned until further orders, and that there are not any more prisoners for trial. f CHAPTER VII. ON PREPARATION OF CHARGES. 1. The technical strictness used in an indictment is not necessary in the framing of a charge, but it must be sufficiently precise in specifying the fact or facts alleged to have been committed, so as to show whether or not they constitute the criminal offence intended. 2. The name of the prisoner, his rank, company, and regiment should be written at full length, all the dates must be in Avords and not in figures, and in describing the "time" and "place " "when" and " where " the fact to which criminality is at- tached took place, the utmost precision must be observed, or else the words " on or about" — " at or near" — must be inserted-! 3. Facts of a distinct nature arc not to be in- cluded in one and the same charge, or specification * Tjtler. f Madras Mil. Reg. J Bombay Mil. Reg. PREPARATION OF CHARGES. 41 of a charge; but each different fact is to be set forth in a distinct charge or specification.* 4. All extraneous matter is to be carefully avoid- ed, and nothing is to be alleged but that which is culpable, and which the complainant is prepared to substantiate before a court-martial.* 5. The charge must not state that the offence alleged has been committed in breach of any par- ticular Article of War; hut in cases in which the allegation comes directly under any enactment, it is to be set forth in the terms therein used ; and when it is a disorder or neglect not specially pro- vided for, it is to be charged as tk conduct to the prejudice of good order and military discipline."* 6. In framing a charge for insubordinate or im- proper language, the expressions which may have been made use of by the prisoner are not to be specified, as such are quite unnecessary tor toe ends of justice ; and the offence may be equally de- veloped under the simple allegation of u nn soldier- like," or "insubordinate," or "improper language/ 1 as by inserting the disgusting words of a drunken or mutinous soldier. The words, however, must be given in evidence in support of the charge.* 7. To all charges preferred against officers and men, a list of witnesses should be appended; and it is proper that there should also be a brief state- ment of what each witness will be expected to establish. 8. A specification should be a concise statement of some act or omission of duty, which, if estab- lished, would constitute a military offence for which some particular Article of War provides or authorizes a measure of punishment. Redundant words or phrases, and mere legal conclusions, should be rejected. • Bombay Mil. Reg. and De Hart. 42 FORMS. m H W ^ 63 Q O fa fa fa ^ C *— ' t-t H P 9, ill if I O 1 ^ I '-§ Q q fc ►J fa a 2 fa ° & fci fa O g E w © rt 4< bfj c ^J a.^ 1 a to *5 o ° S o - o s» 1 5 ft ft S f P -2 so gSjflf +- p fl s a +> 3 'g g - ? I P s' «o fi o5i * - O Oh .B t»--w r» 0J 3 t' »! s u - » *2 Z * acta "2 Sa bBg^ * .2.2 SID'S '[". D T) ■3 0>« p 'S te a ^ ill- uosS r/ , be o ,o |i!p J . z x £ ^ mi o— ' a S Eh^^ag, S o a o M ft P a g fcT-K 3 ^73 rfr- Ifkjirfs.il £ a*^ j^ oM-t 3 -P w 2 a S a -a ^ 53 „ § -S g h» a a •& bB-a - S 2 ® M be >> ^^g.2S-a5.2^.2'i S ft ft 1 1 11 *3 % 6° I 6 » FORMS. 4X Iff I !! t I 111 S^y?-5 Sec ££^33 i! ■* n m n n » h hi i« a : : - = = ~ a ii = ^J'SJa* 351 -1 * ,2 §Ss a lift* 6e*\:v* m --5 3 2 » a & = * ■ .= ~ - = ? - . "? ^ - ^fP - ■ - ¥ ■? * J= "8 S as aajsu: sg-s - =-j> i :? u _= ~-= ~ 5 — ft© - 3 ~ 5 ~ 5 ^ C - - 5,3 -g 3 5^ o 6 &■.- O! I-S "ft 4J fe io«s 03 3-> 50 .£ 03 03 g -= • ~ 03 » x £ ft « *g § § 5 3"& § «g »*- CJ ._ £ 03 .3 ft a s « OS O MS, & -= 3 it-ins -2 03 5 3 S3 tg ■ « « CO , - S ^,3 2 S3 £ Mft^ S S ^§ **ss s o g 3 *a 53 £ £ i ,3 ,43 v- , .2 tc a >,S g'« ,, .5 « S3 a ,a 2 = f K S >-. •- i!43-i;J.UHj E s&.5 ^-sS-S: s.* Q-Ss: a ■•! S 3 2°3' ■r 6 z ft*<§' ^2 33 |3 ■rt co ; 3 S3 2 ~<2 . es 43 ex— S3 "-■ 33 e^ .3 ft U (i !f- — — +- «>e tj : • 03 £ ."2^ feete S Ml - ft-_> o S ~ CO 3 £ ■§ £ CO -J ; ^a«§ • S3 .. t) a. s '£ >©,a ft«3g,c| tg,4 O s 2\E &C a 33,3 33 ii5-i es a s) s ^ eS.O « 03 is ■ k£ "8 * ~~--~ = «g = -= si* § ° hi fi a * & J I 5 - - « « a 2 2 a 83 if •: 7 S das* • — ~ - • = .5 .* > 7 ~ ~ : ; 'Lc. 1 1 J I 42 Js ! . o £ 3 - T - 3 5 — «, _ j — J -r -.-■ _--_•= z. - - ~ — ~ < a &•.- >'. 2 g * t M £ * » 9 - - 5 91 . O 03 ^ §■£/§§ I -S £ g.o'S £ 9i -e d g, aj j O eS 1! d be o c J* * d >° & s 3 * 5 ^2 d 2 °°" ® 2 - E 93 --) 2 • a<« •3 3-d 3 5 «"© 3 a £ 4S # o E § 2" rt .2 ^ h l £ S i a r/ . m £ g _ £ ^ £ S 9i h S ffl'S o" «o Stf-M g w*» k "d « 2 * « Irs "S --'B a p s 5 3 g< 93 3 .s-fe e 9 j> iti» s » 1 I 2 «« « 1^1 ^ to ^ © 3 g3-§ 1^ •5 O FORMS. 47 cog o a •? o •iff i Il~ O - X O ._ _ j c: 3 c c c- p *- -~ es C "O -* g 2^2 2 5 t 1 a 1 = ■* B S js £ g g - 2 g * * a, 1 1 1 .*S * flil - _, ""* ' £ -S ? c ^ © -, c ~ ~ •3 « © j: « — — .- g s | * 1 1. a 3 = .- ~ — l c c *" « >- a •-. •■ .2 — fc 3 - S -A * ■ 2 !■ - - - s " J ~ 8 °* • ' ffi eS • £f = S "• " XJ "S a g -3 — J=-~— > rt 2 © 3 >— 3 .2 ^* 5 x 3 - "So -a -o = £ < ~ § J S J ?d - « = vj: - - i - a 5 i a : I * 5 1 1 I a - r -> § * 3 a 5 ~ .« = *S — Vj x ° ° 13 o e. *g a o jr 5 « .S ^ ■ 3-5 ■ o-s-rr- eg « 5 "5 .fil ** E • ° © — P w ._ St- CJ 4, — k ~ ,2 J * h I — o •g g -2 £ 5 -r J _3 a © -S -j a, > S 8 "9 2 ~ -= = r~ . -^ 3 — — --