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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1809 Excerpt: ...and the prisoner writing their interrogatories and cross-interrogatories, and by a magistrate's receiving the answers of the witness on oath, and certifying them to the court. But this last method ought not to be practised in a capital case. All objections to the competency of a witness must be stated in open court; but as a court-martial never deliberates with open doors, the court must be cleared in order to weigh the import of the objection, and when the court have come to a resolution, it is afterwards communicated in open court to all parties. Perjury. A witness before a court-martial gives his testimony under the solemnity of an oath. If, therefore, a wilful perjury is committed in his testimony, by a person sub CHAK VI. CHAPTER VI. Of the 'Judgment of a Court-Martial. The proceedings must be read over to the court. The last stage of the trial before a court-martial, is the exercise by the court of its judicial functions, in the return of a solemn verdict on the guilt or innocence of the prisoner, and pronouncing sentence; and this is to be done with closed doors, after the parties, and all indifferent persons have been ordered to withdraw. As the court is now in possession of the whole evidence, which has been carefully reduced into writing, by the Judge-Advocate, as recorder of the court, together with all arguments upon the evidence, both on the part of the prosecutor and prisoner, it is customary before proceeding to deliberate upon the judgment, that the court should hear the proceedings read over by the JudgeAdvocate, which answers the double purpose of bringing the whole body of the evidence into one connected view, c HVA p' to the recollection of the members, and ascertaining the accuracy and fidelity of the record, by comparing it with the no...

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