(2) There being no form of oath fixed by statute, the following may be administered by the judge advocate: Oath to re (a) "You, A. B., swear (or affirm) faithfully to perform the duty of clerk or reporter in aiding the judge advocate to take porter. and record the proceedings of the court, either in shorthand or ordinary manuscipt." Oath to inter (b) "You, A. B., swear faithfully and truly to interpret or translate in all cases in which you shall be required so to do preter. between the United States and the party whose conduct is the subject of this inquiry." Defendant may be relieved from 1660. (1) An officer whose conduct is to be investigated by a court of inquiry need not necessarily be held in detention for duty, but need that purpose. He may, however, if necessary, at his own request, not be arrested. be excused by his superior or commanding officer from attending to the particular duties of his position during such an investigation. Witnesses to be (2) It is the right of the defendant to be present at the investi- May be present. gation, although it is not obligatory upon him to take any part in the inquiry, unless he prefers to do so. He can not, however, refuse to obey an order directing him to appear before the court. 1661. (1) When the court is ready to proceed with the investigation, the witnesses shall be called before it separately, and sworn. the president of the court shall administer to each the oath (or affirmation) prescribed for witnesses before general courts-martial. (2) Witnesses shall be cautioned before giving their testimony to confine themselves to facts which are within their own knowledge. (3) The testimony is to be taken down regularly, in writing, and, as far as the nature of the case will admit, the same rule of procedure is to be followed as in general courts-martial. (4) Each witness shall be examined in the usual order, viz: (a) By the party calling the witness. (b) By the opposite party. (c) By the court. To speak only to facts. Testimony, how recorded. Order of examination of witnesses. Order in tak 1662. The evidence on the part of the prosecution is to be first taken, after which the defendant shall be asked if he has ing the evidence, anything to offer on the subject or any evidence to produce. 1663. (1) The defendant shall be allowed, if he so desires, to called to erimitestify in his own behalf, but he may decline to answer any ques- nate himself. tions which may tend to criminate himself. (2) It is also optional with the defendant to abstain from putting any questions to witnesses, either on examination-inchief or on cross-examination; he is equally at liberty to decline making any statement to the court touching his alleged misconduct. (3) If, however, the defendant should lay before the court a general statement or defense, he is strictly forbidden to publish it, or cause or permit its publication, until final action has been taken in his case. 1664. Neither the accuser nor the defendant can demand a copy of the proceedings. The evidence, of whatever nature, is intended only for the officer convening the court. Defendant not Privliege of defendant. Publication of defense prohibited. Copy of proceedings. When parties may address 1665. The examination of witnesses being finished, the parties before the court are to be allowed an opportunity of addressing court. it if they so desire. Proceedings 1666. Finally, the court having been cleared and the proceedand instructions ings read over, the instructions contained in the order by which to be examined. it is constituted shall also be carefully examined and scrupulously followed. Report of the court. Authentication 1667. After mature deliberation on the testimony recorded during the inquiry, the court shall proceed to report the facts, and, if so directed, an opinion on the merits of the case, and the propriety or expediency, or otherwise, of further action. 1668. The proceedings of a court of inquiry must be authentiof proceedings. cated by the signatures of the president and the judge advocate of the court only, and are then to be submitted for the consideration of the officer convening the court, after which the court may adjourn temporarily to await his further instructions. (Art. 60, A. G. N.) Revision. Opinion of court not to be disclosed. Dissolution of court. 1669. The proceedings may be revised as often as the convening authority thinks necessary. New evidence may be received and recorded on every such revision, and any of the previous witnesses may be recalled and reexamined, provided, in either case, that all parties to the inquiry are present, if they so desire. 1670. As expression of opinion by a member of a court of inquiry might prejudice the accused party in case of trial by courtmartial, it is held to be highly irregular and a breach of discipline on the part of any member to disclose or publish the opinion either of the court or of the individual members thereof, without the sanction of the officer to whom the proceedings have been submitted. 1671. The court is dissolved by the convening authority. Records. where 1672. The proceedings of courts of inquiry, after action thereon to be sent after by the reviewing authority, shall be forwarded direct to and filed in the office of the Judge Advocate General. final action. Inquiry into SECTION 3.-INQUIRY INTO THE LOSS OR GROUNDING OF A SHIP OF 1673. Whenever a court is appointed to inquire into the cause the loss of ships. of the loss of a ship, or of her having touched the ground, the following points, as far as pertinent, are invariably to be included in the investigation: Documentary evidence to be required. Latest determination of ship's position. Log book to be examined. When land was made. Whether in structions have been obeyed. (a) The rough log book, captain's night order book, and the chart by which the ship was navigated, or one of the same, must, if practicable, be produced in court. (b) The court shall investigate whether the proper chart, pro-. vided by the Bureau of Equipment, was used; whether the position of the ship at the last favorable opportunity was accurately determined by observation or otherwise; and if not, when it was last accurately ascertained. (c) The court shall also determine whether the courses steered by the standard compass, corrected for local deviation, and the distances run on the day before the ship grounded, were correctly inserted in the log book; also, when the error for local deviation was last obtained. (d) If land was made, and the distance estimated before the ship struck, it is to be ascertained what steps were taken during the time it was in sight to correct the ship's run. (e) The court shall rigidly investigate the manner in which the instructions contained in the regulations, to officers commanding ships on approaching land, were observed. sition. Result of examination. (f) Some competent officer not attached to the ship, the loss or Examination grounding of which may be the subject of inquiry, shall be di- of the ship's porected to work up the reckoning of that ship from the data obtained from her navigating officer, to enable the court to fix the true position of the ship at the time of her taking the ground. (g) The officer appointed to perform this duty shall submit to the court in writing, attested by his signature, the result of his work, to the accuracy of which he shall be sworn. The position of the ship so determined shall be laid off on the chart by which she was navigated, as also her position when ashore, as determined by cross bearings taken from the log book. The rate and direction of the tide stream and the time of tide shall be stated, if possible. Documents to accompany the record. Official report (h) Any of the documents referred to in this article which were used in the inquiry, with an attested extract from the log commencing at least forty-eight hours before the ship touched the ground, if pertinent, are to accompany the record of the court. 1674. (1) Whenever inquiry is made into the loss of a ship, of the captain to the court shall call for the official report of the captain of such be required. ship, containing the narrative of the disaster, and this report shall be read in court in presence of the captain and of such of the surviving officers and crew as can be assembled. (2) After these survivors have been sworn as witnesses, the Questions to be following questions shall be put to them, respectively, by the asked by court court: (a) (To the captain.) Is the narrative just read to the court a true statement of the loss of the United States ship -? (b) (To the captain.) Have you any complaint to make against any of the surviving officers and crew of the said ship on that occasion? (c) (To the surviving officers and crew.) Have you anything to object to the narrative just read to the court, or anything to lay to the charge of any officer or man with regard to the loss of the United States ship -- -? 52472-09-28 tain. of the cap of the surviving officers and crew. CHAPTER XLI. SUMMARY COURTS-MARTIAL. 1675. The following Articles for the Government of the Navy Constitution, shall be consulted by officers performing duty in connection with powers, etc. summary courts-martial: 3, 4, 8, 13, 14, 21, 22, 23, 26 to 34 inclu sive, 41, 42, 43, 47, 49, 51, 52, 61, and 63. 1676. (1) When an officer empowered to convene summary Trials not to courts-martial decides after investigating an accusation against a be unnecessarily delayed. petty officer or person of inferior rating that the accused should be tried by a summary court, he shall refer the case to such court, with the least possible delay. (Art. 260.) (2) When the nature of the offense charged is of such character When offendthat the punishment which a summary court-martial is authorized ers are to be tried by general to inflict is not adequate, the offender shall be brought to trial court-martial. before a general court-martial, unless it is impracticable to do so. (Arts. 30 and 51, A. G. N.) When marine officers to be detailed as members. (3) When a marine is to be tried by summary court-martial, one or more marine officers shall, if practicable, be detailed as members of the court. 1677. (1) When a trial by summary court-martial is decided Deficiency of upon, and a sufficient number of officers of the proper rank to members, how compose the court are not under the command of the convening supplied. authority, the latter shall request the senior officer present to detail the additional officers necessary. (2) The senior officer present shall, if practicable, comply with such request, in which case he shall, orally or in writing, notify the officers detailed. (Art. 1557, par. 3.) Senior officer present shall detail members. Contents of precept. 1678. (1) The precept for a summary court-martial shall specify the personnel of the court and the time and place of meeting. (2) The convening authority shall deliver the precept to the Notification to senior member and, orally or in writing, notify the other members and recorder of their appointment. (3) A summary court-martial after its first meeting shall meet at the time specified at adjournment or, if no time was specified, at the call of the senior member, unless, in either case, the convening authority directs otherwise. (4) Summary court-martial duty shall be performed in addition to other duties, unless the convening authority directs otherwise. (5) Hours for holding sessions of a summary court-martial shall be selected with a view to as little interference with the performance of routine duties as the administration of justice and the interests of the accused and the service permit. (6) When a summary court-martial meets and when it adjourns, the senior member shall notify the commanding officer and the officer of the deck, or officer of the day. members and recorder. Times of meet ing. Members not exempt from other duties. When sessions should be held. Meeting and adjournment to be reported. |