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Military Laws And Rules And Regulations For The Armies Of The United States.

Adjutant and Inspector General’s Office Washington, May 1st , 1813

Art. 71. When a member shall be challenged by a prisoner, he must state his cause of challenge, of which the court shall, after due deliberation, determine the relevancy or validity, and decide accordingly; and no challenge to more than one member at a time shall be received by the court.

Art. 72.  All the members of a court martial are to behave with decency and calmness; and in giving their votes, are to begin with the youngest in commission.

Art. 73.  All persons who give evidence before a court martial are to be examined on oath or affirmation, in the following form:
“You swear, or affirm (as the case may be) the evidence you shall give in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth.  So help you God.”

Art. 74. On the trials of cases not capital, before court martial, the deposition of witnesses not in the line or staff of the army, may be taken before some justice of the peace, and read in evidence, provided, the prosecutor and the person accused are present at the taking the same, or are duly notified thereof.

Art. 75.  No officer shall be tried by a general court martial, nor by officers of an inferior rank, if it can be avoided.  Nor shall any proceedings or trails be carried on, excepting between the hours of eight in the morning and three in the afternoon, excepting in cases which, in the opinion of the officer appointing the court martial, require immediate example.


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