ARTICLE 488.

A court martial must not be sworn for the trial of any person except in his presence, and after he shall have had an opportunity to make any legal objection that he may choose to offer; and, when made, not until the court shall have decided upon such objection.

ARTICLE 489.

The court having been duly sworn, and that fact noted on the minutes, the charges and specifications against the accused shall be read by the judge advocate, and the accused shall then be asked by him if he pleads guilty or not guilty to the charges. If he pleads guilty, the court shall warn him of the consequences, and he may then withdraw his plea; but if he repeats his plea of guilty, it shall be recorded, and the court shall proceed at once to deliberate and determine upon the sentence. If he pleads not guilty, or stands mute, the court shall then proceed to examine the testimony in the case. The record of the court must state distinctly that these questions were put, and the answer, if any, which may be given, and that the court was sworn according to law.

ARTICLE 490.

It shall be the duty of the judge advocate to lay before the court a list of the witnesses which it may be intended to produce, with a general statement of the facts expected to be proved by each. He shall then, under the direction and control of the court, proceed to examine the witnesses which have been summoned, on the part of the United States, to support the charge or charges.

ARTICLE 491.

The examination of a witness having been closed, on the part of the United States, he may be cross-examined by the accused, and, when the cross-examination shall be closed, the court will then ask or allow any further questions which may be deemed necessary.

ARTICLE 492.

When the witnesses on the part of the United States shall all have been examined, the witnesses on the part of the accused shall then be examined by the judge advocate, and afterwards cross-examined,

and examined by the court, in the same manner as those who had been called on the part of the United States. Further examination of witnesses may then be continued, if the accused, or the court, shall desire it. When the examination of a witness shall be closed, the whole of his testimony shall be read over to him, that he may correct mistakes, if any shall have been made in recording it.

ARTICLE 493.

Questions to be propounded to a witness shall be reduced to writing, and submitted to the court, for their approbation, before they are read to him.

ARTICLE 494.

Should an objection be made to any proposed question, or to the reception of any testimony, the court shall proceed at once to determine upon the same; and if they shall decide that such question shall not be put, or against the reception of such testimony, it shall not be entered upon the minutes of the proceedings of the court.

ARTICLE 495.

If a member of a court martial shall, from any legal cause, fail to attend, and witnesses shall be examined during his absence, the court must, should he resume his seat during the trial, cause every person, who may have been so examined in his absence, to be called into court, and the recorded testimony of such witness must be read over to him; and such witness must acknowledge the same as his testimony, and be subject to such further examinations as the said member may require; and without a compliance with this regulation, and an entry of it upon the record, a member, who shall have been absent during the examination of a witness, shall not be allowed to vote upon the question of the innocence or guilt of the accused, or upon any question for his punishment,

ARTICLE 496.

The examination of the witnesses being completed, the accused shall be at liberty to make his defence, in writing, against the charges and specifications; which defence he will submit to the court, for their inspection, before it is publicly read; and if, in the

opinion of the court, it shall contain any thing disrespectful to the court, they may prevent that part from being read; but it shall be filed with the proceedings, if the accused desire it, and he will be held responsible for the same.

ARTICLE 497.

After the defence shall have been read, the court shall be cleared, and the members shall proceed to consider the testimony and the defence of the accused. When they shall have sufficiently examined and considered the same, the question shall be put upon each separate specification of each charge, by the judge advocate, beginning with the first-Whether it is "proved," or "not proved," or "proved in part.' The vote shall be taken, the junior member voting first, and the rest in the inverse order of their rank-each member writing the word "proved," or "not proved," "proved in part," and stating what part, with his signature, and shall hand his vote to the judge advocate, who shall, when he has received all, read them aloud, and shall enter on the record the number who shall have found it proved," or "not proved," or "proved in part;" and, when a majority shall agree in any finding, it shall be recorded.

66

ARTICLE 498.

When the members shall have thus voted upon all the specifications of any charge, the question shall then be put to each member, "Is the accused guilty of this charge?" "guilty in a less degree than charged;" and then the members, in the order as above stated, shall write the word "guilty," or "not guilty," or "guilty in a less degree than charged, and in what degree," upon a piece of paper, with their signatures, and hand them to the judge advocate, who shall, after receiving all the votes, read them aloud, and record the result, and shall then proceed to the next charge and specifications, until votes shall have been taken, as above directed, upon all the charges and specifications.

ARTICLE 499.

When the court shall have voted upon all the charges, and the accused shall have been found guilty, or guilty in a less degree than charged, upon any one of them, by the number of members which

the law may require in the particular case, they shall next proceed to vote upon the punishment to be inflicted. In this case each member shall, in the order before directed, write down and subscribe the measure of punishment which he may think the accused ought to receive, and hand it to the judge advocate, who shall, after receiving all the votes, read them aloud.

ARTICLE 500.

If the requisite majority shall not have agreed in the nature and degree of the punishment to be inflicted, the judge advocate shall proceed in the following manner, to ascertain which of the different votes will obtain the assent of the requisite number of the members. He shall begin with the mildest punishment which shall have been proposed, and after reading it aloud, shall ask the members, in the order herein prescribed, "shall this be the sentence of the court?" and every member shall vote, and the judge advocate shall note the votes. In case the proper number shall not agree upon a punishment on the first vote, he shall then take the next lowest punishment, and proceed to take a vote as before directed, and thus proceed until a proper majority shall be obtained for some of the proposed punishments.

ARTICLE 501.

The sentence of a court must be as specific and distinct in its terms as may be practicable, so that the intentions of the court may be clearly understood.

ARTICLE 502.

Where the punishment for an offence is not made specific by the law, but is left to the discretion of courts martial, the following scale of punishments for commission or warrant officers is recommended to their consideration, for selection, or combination, according to the nature of the offence upon which they may be required to pass

sentence.

1. Death; but only in cases where it is specially authorized by the law.

2. Cashiering; but only in those cases where death or cashiering is authorized by the law.

4. Loss of rank, either by placing the offender lower on the list of his grade, or suspension from rank for a specified time, during which he shall not be promoted.

5. Suspension from duty, for some specified time, either without pay, or with some specified rate of pay.

6. Confinement.

7. Dismission from the squadron or vessel.

8. Public reprimand.

9. Private reprimand.

10. Forfeiture of pay, or fine.

More than one of these modes of punishment may be combined, according to the nature or degree of the offence which may have been proved.

ARTICLE 503.

Sentences, which specify loss of rank, should state distinctly the names of the officers between whom the person sentenced is to be placed on the list; and when suspended, must state distinctly whether from rank, or from duty only, and for what time; whether any, and, if any, with what rate of pay.

ARTICLE 504.

The sentence having been recorded, the proceedings in each separate trial shall be signed, immediately under the sentence, by all the members present, and by the judge advocate.

ARTICLE 505.

As the oath taken by the members requires them to decide according to the law and to the evidence, in relation to the facts and circumstances of the case, and does not allow them to take into consideration the general character or former services of the persons brought before them, in determining the punishment to be awarded, any member may, after the sentence is pronounced, move for a recommendation of the accused to the clemency of the officer by whom the proceedings of the court are to be approved; and such recommendation, with the reasons therefor, shall be entered immediately after the sentence and signatures of the court, and shall be signed by the members concurring in it.