No. XVIII. Form of Order to the second Officer in command to assemble a Court-Martial. By Sir Knight Commander of the Most Honourable Order of the Bath, Vice-Admiral of the Red, and Commander-in-Chief of Her Majesty's ships and vessels employed and to be employed in the Mediterranean. Whereas, Captain C. D., commanding Her Majesty's ship"London," hath in his letter to me, dated the day of 18-, transmitted charges against Her Majesty's ship —, of the tenor following: 1st Charge. of "For that he, the said being in actual service and full pay in the fleet, and — of and belonging to Her Majesty's ship, did, on the — day of, 18—, behave in a disrespectful and contemptuous manner to me (Captain), his superior officer, by stating on the quarter-deck of the said ship that I encouraged insubordination amongst the crew by not punishing them sufficiently, or words to that effect." 2nd Charge. "For that he, the said ful pay in the fleet, and being in actual service and of and belonging to Her day of, 18-, Majesty's ship -, did, on the disobey the lawful order of and behave with contempt to me (Captain), his superior officer, by refusing to leave the quarter-deck when ordered by me to do so." And whereas, I think fit that the said shall be tried by court-martial for the offences specified in those charges, I send you herewith the above mentioned letter of Captain C. D. and its enclosure, and do hereby require and direct you to assemble a court-martial on Saturday next, the day of —, 18—, which Court, you being president thereof, is hereby required and directed to inquire into the circumstances of the offences with which the said stands charged, and to try him for the same accordingly. Esquire, Rear-Admiral of the Blue, and second officer in command of Her Majesty's ships and vessels at Malta. By command of the commander-in-chief. J. K., Secretary. No. XIX. Memorandum to the Officer directed to preside. H. M. S. at 18-. Memorandum. Having directed you by my order of this day's date to preside at a court-martial to be held on board Her Majesty's ship instant, it is my direction that you cause the usual signal to be made at on - next, the eight o'clock A.M. on that day, and that the Court be assembled precisely at nine. Rear-Admiral H. M. S. Vice-Admiral and No. XX. General Memorandum to the Captains and Commanders to attend the Court. H. M. S. at 18-. General Memorandum. The respective flag officers, captains and commanders of Her Majesty's ships and vessels at this port are to attend at a court-martial to be held on board Her Majesty's ship The signal will be made at eight A. M., and the Court will sit precisely at nine Vice-Admiral and To the respective flag officers, captains and commanders of Her Majesty's ships and vessels at No. XXI. Order and Mode of Proceeding at a Naval Court-Martial. 1. The Court being opened, the parties to the trial, witnesses, and audience admitted, the president desires the Judge-Advocate to call over the names of the thirteen T senior flag officers and captains present to constitute a Court. 2. Judge-Advocate reads the warrant authorising the Court to assemble. 3. Officiating Judge-Advocate reads his warrant of appointment, which must be signed by the president. 4. Judge-Advocate administers the oath to the members, according to the form prescribed in the Act 10 & 11 Victoria, cap. 59. 5. President administers the oath to the Judge Advocate according to the form prescribed in the Act 10 & 11 Victoria, cap. 59. 6. Judge-Advocate reads the charge or complaint against the person to be tried. 7. All the witnesses, except the one whom it is intended to examine first on the part of the prosecution, ordered to withdraw from the Court. 8. Witnesses summoned by the prosecutor in the order in which they will be examined,— 9. Method to be observed in the examination of witnesses for the prosecution, 1st. To be questioned by the prosecutor. 2nd. By the Court, or Judge-Advocate. 10. At the conclusion of the examination of the witnesses for the prosecution, the prosecutor informs the Court that he has nothing further to produce in support of the charges; the president then calls upon the prisoner to enter on his defence. 11. When the prisoner is ready with his defence, the prosecutor, witnesses, and audience are to be admitted, and the same must be read aloud by the prisoner, or, if he wish it, by the Judge-Advocate. 12. All the witnesses, except the one whom it is intended to examine first on the part of the defence, ordered to withdraw from the Court. 13. Witnesses summoned by the prisoner in the order in which they will be examined, 14. Method to be observed in the examination of witnesses for the defence, 1st. To be questioned by the prisoner. 2ndly. By the Court or the Judge-Advocate. 15. When the defence is concluded, the prisoner must be removed, and the prosecutor and audience ordered to withdraw from the Court. The Judge-Advocate to be instructed to draw up such questions as may be agreed upon whereon to form a determination in regard to the innocence or guilt of the person upon trial: to collect the votes and opinions of the members whether the charges are proved or not proved, and if proved the nature of the punishment to be awarded; on these questions the junior member votes first, and so on in order up to the president. The Judge-Advocate to draw up the sentence under the direction of the Court, specifying therein the charge or substance of it, which must be signed by every member, notwithstanding any difference of opinion there may have been among them. 16. The Court to be re-opened, and all parties admitted, and the sentence to be read aloud by the Judge-Advocate (the members sitting with their cocked hats on), at the conclusion of which the president must declare the Court to be "dissolved." 17. The president to deliver or send the original sentence to the commander-in-chief. 18. The original minutes of the evidence and proceedings of the Court, or an attested copy of them, to be sent by the Judge-Advocate to the secretary of the Admiralty. |