Page:United States Statutes at Large Volume 18 Part 1.djvu/311

 mm xw.-rua ARMY.-cn. 5. 239 relevancy and validity thereof. and shall not receive a challenge to more Aft- of war 71. than one member at a time. £¤g§Bi1‘d.2S¤W· V9,. Arrr. 89. When a prisoner, arraigned before a general court—martial, P1‘iS¤¤€FS'<¤¤di¤g from obstinacy and deliberate design, stands mute, or answers foreign to '"“t°· the purpose. the court may proceed to trial and judgment, as if the Art. ofwH)i prisoner had pleaded not guilty. Am`. 90. T e judge—advocate. or some person deputed by him, or bv Jndgeadvocate, the general or officer commanding the Army, detachment, or garrison, P*°°°°“*°’ wd shall prosecute in the name of the United States, but when the prisoner ggllgwel f" png` has made his plea. he shall so far consider himself counsel for the pris— ——  ee » W oner as to object to any leading question to any of the witnesses, and Am °f “"“` 69 to any queigion to the prisoner, the answer to which might tend to criminate imse . Airr. 91. The depositions of witnesses residing beyond the limits of D€P0¤l\i0¤¤· the State. Territory. or district in which any military court may be Am OQ]? ordered to sit. if taken on reasonable notice to the opposite party and 3Mar.,1863,c.75, duly authpnticated, may be read in evidence before such court in cases *’· 27» V- 12, P· 76- not capita. ART. 92. All persons who give evidence before a court—martial shall be Oath of witness examined on oath, or affirmation. in the following form: “You swear (or affirm) that the evidence you shall give. in the case now in hearin, shall ` be the truth. the whole truth, and nothing but the truth. S0 hedp you God." ` Am. 93. A court-martial shall, for reasonable cause, grant a continu- C0¤ti¤¤¤¤¢¤¤· ance to either party, for such time, and as often, as may appear to be just: 3 Mu, 1863, c_ Provided. That if the prisoner be in close confinement, the trial shall not 75,s.29,v.12,p.736. be delayed for a period longer than sixty days. ART. 9-L. Proceedings of trials shall be carried on only between the Hvurscf sitting. hours of eight in the morning and three in the afternoon, excepting in Am of wm.-,·5_ cases which, in the opinion of the officer appointing the court, require immediate exam le. ART. 95. Menibers of acourt-martial, in giving their votes, shall begin i)§9tH’S· with the youngest in commission. Aft- Ofwar 72. Airr. 96. No person shall be sentenced to suffer death, except by the d;€h“*°”°° °f concurrence of two—thirds of the membersof a general court-martial, and — +~;— in the cases herein expressly mentioned. ;"‘_ °f ‘Y‘“`_87· Ama 97. No person in the military service shall, under the sentence °’“*°’““’*”°°· of a court-martial, be punished by confinement in a penitentiary, unless 16 Jury, waz, c_ the offense of which he may be convicted would, by some statute of the é89g.¤¤· 1.4,v-12,p. United States, or bv some statute of the State, Territory, or District in ‘ which such offensei may be committed, or by the common law, as the same exists in such State, Territory, or District, subject such convict to such unishment. ARE. 98. No person in the military seryice shall laexpunished by fiog- Flogging. ging, or by branding, marking, or tattooing on the y. 5 Aug. 1861 `c· 54, s. 3, v. 12, p. 317. 6 June, 1872, c. 316, s. 2, v. 1:7, p. 261. Ama 99. No omcer shall be discharged or dismissed from the service, d_Di9chzjrge and except by order of the President, or by sentence of a_ general court- c;"r:f‘*““ °f °m· martial; and in time of peace no officer shall be dismissed, except in pursuance of the sentence of 8. c0\1I‘t—mal't1&l, Ol' in mitigation thereof. 13 July, ]866,',._ 5,, S Iggy_ 176,s. 5,v. 14,p. 92. [ Am. 1i)O. \Vben an officer is dismissed from the service for cowardice 6P¤blicatipn0f¤f- or fraud, the sentence shall further direct that the crime, lpunishrnent, gafrmaigégf name, and place of abode of the delinquent shall be pub ishedun themn news pers in and about the camp, and in the State from whrch the -0 WM - offenddr came. or where he usually resides; and after such publication It shall be scandalous for an officer to associate with him. _ _ Ama 101. When a court—martial suspends an officer from command, it a Sugpcnmon cfcf-V may also suspend his y and emoluments for the same time, according %BPf•£f;;g4. to the nature of his ofiizanse.`