CARPENTERS. 1. Chief carpenters. See CHIEF CARPENTERS. 2. General court-martial-Tried by. C. M. O. 32, 1914. CARRYING CONCEALED WEAPONS. 1. Midshipmen-Tried by general court-martial-"Carrying concealed weapons is an offense of which civil courts take cognizance, indicating, moreover, a readiness to resort to murder on fancied or real provocation. The procedure of the accused in deliberately arming himself with a concealed revolver before he went into a disreputable quarter of ***, his very presence therein amidst enlisted men, clearly indicates deficiency of moral sentiment, self-restraint, and gentlemanlike qualities." The charge in this case was conduct unbecoming an officer and a gentleman. C. M. O. 7, 1912; 8, 1912, 3. CASHIERED. 1775. See Rules and Regulations of the Continental Army, Art. LI, June 30, 1. Defined-Dismissal and cashiering were formerly regarded as quite distinct in military law; the latter involving in addition to a dishonorable separation from the service a disability to hold military office. There is now no practical difference in the use of the terms. Naval courts-martial should adjudge "dismissal." In G. O. 52, April 15, 1865, where an officer was cashiered the department in the same order referred to him as having been "dismissed." 2. Officer-Sentenced to be cashiered. G. O. 44, Dec. 7, 1864; 52, Apr. 15, 1865; C. M. O. 125, 1900, 2. 3. Same-Sentenced "to be cashiered, and forever disqualified from holding any office or appointment under the Government of the United States." Department held that "a court-martial can not disqualify any person in this manner,' "and remitted that part of the sentence. G. O. 44, December 7, 1864. 4. Same-Members of general courts-martial may be cashiered. See COURT, 170; MEMBERS OF COURTS-MARTIAL, 5. "CATCH-ALL” CLAUSE. 1. A. G. N. 22-"All offenses committed by persons belonging to the Navy which are not specified in the foregoing articles shall be punished as a court-martial may direct." C. M. O. 4, 1913, 45; 49, 1915, 17, 18; File 26251-9280; 26251-12159, p. 18. CATERER OF THE MESS. C. M. O. 93, 1894, 2. CAUSING TO BE PREPARED A FALSE AND FRAUDULENT VOUCHER IN VIOLATION OF ARTICLE FOURTEEN, A. G. N. 1. Officer-Charged with. C. M. O. 129, 1898. CAUTION. See WARNING. CELLS. 1. Brig. See BRIG OF RECEIVING SHIP. 2. Storage battery. C. M. O. 41, 1915. CENSURE. See ADEQUATE SENTENCES; CRITICISM OF COURTS-MARTIAL; CERTIFIED COPIES, 2; COURT, 90, 93, 113, 148; JUDGE ADVOCATE, 14, 59, 60; SECRETARY OF THE NAVY, 63. CEREMONIAL OCCASIONS. 1. Officer's monument-The President as Commander in Chief has authority to order a naval detachment to Raleigh, N. C., to participate in ceremonies attending the unveiling of a monument to a deceased naval officer. File 3679-2. See also BANDS, 1. CERTIFICATES. 1. Baptism. C. M. O. 217, 1902, 3. See also MINORS, 6. 2. Birth certificates. See FRAUDULENT ENLISTMENT, 59; MINORS, 6. 3. Civil officer-It is improper for a judge advocate to read to the court without offering in evidence a certificate from the civil officer to the effect that the accused surrendered himself and when brought on board his ship stated that he considered himself a straggler, or to append a certified copy to the record. C. M. O. 37, 1909, 8. 4. Same-It is improper for a judge advocate to introduce as evidence a certificate from a civil officer setting forth the fact that the accused did not surrender himself to the police authorities and that he was a deserter from the naval service. The best evidence of the facts set forth in the certificate should have been obtained by placing the writer thereof on the stand to testify under oath and subject to cross-examination. C. M. O. 47, 1910, 4. 5. Same-It is improper for a judge advocate to refer to a certificate of a civil officer (refer ring to apprehension and delivery of accused) in his remarks, and append certified copy to record when said document had not been introduced in evidence. The department stated: "There appears to be no authority for the court's action in permitting the judge advocate to arbitrarily append this document to the record, since, under the circumstances, it has no place therein. Had it been attempted to introduce this statement in evidence, it would have been subject to objection as hearsay or secondary evidence." C. M. O. 1, 1911, 4. 6. Continuous service certificate. See CONTINUOUS SERVICE CERTIFICATE. 7. Death. See MEDICAL RECORDS, 5. 8. Deposit-Certificate of deposit. See C. M. O. 4, 1913, 5, 6, 7. 9. Discharge "Certificate of discharge." See CIVIL WAR SERVICE, 1. 10. False certificate Specification alleging the making of false certificate upon a quarterly return of clothing, etc. C. M. O. 52, 1910, 1. 11. Medical officer-On court-martial records. See CONFINEMENT, 5. 12. Naturalization. See CITIZENSHIP, 23, 26. 13. Seaman gunner. See SEAMAN GUNNERS, 4. 14. Witness-Certificate of claim for civilian witness fee. See ADDRESS, 3. CERTIFIED COPIES. 1. Document-When an officer certifies over his signature a document to be a true copy of some other writing, it is presumed to be an exact copy thereof, and not a summary of the substance of the remarks contained therein. The department has frequently noted, in reviewing records of proceedings of general courts-martial that copies of precepts and other documents, purporting to be true copies of the original, and signed as such by the judge advocate of the court, are not exact copies, and often differ materially from the originals. This indicates carelessness on the part of judge advocates, in certifying such documents without first satisfying themselves that they are exact copies of the originals. C. M. O. 17, 1910, 3. 2. Same-The department noted that an exhibit in a general court-martial case, purporting to be a true copy of an original writing, was in fact not a true and exact copy of such writing, although so certified to by the judge advocate. The department considered such manifest carelessness as deserving of censure. C. M. O. 23, 1910, 3. A copy of a document is never good evidence where legally possible to produce original, etc. See CARBON COPIES; EVIDENCE, DOCUMENTARY, 10, 58. 3. Same-Certified copy of extract read as evidence should be appended to record. C. M. O. 16, 1908; 41, 1914, 4, 5. 4. Enlistment record-Certified copy of extract read in desertion case. See SERVICE RECORDS, 23. 5. Indictment-Certified copy of indictment. See CIVIL AUTHORITIES, 16. 6. Precept Certified copy of precept, not original, should be appended to record in general court-martial cases. See PRECEPTS, 6, 23. 7. Record of proceedings-Notation should be made in record whether original or certified copy of document read is appended to record. C. M. O. 16, 1908; 41, 1914, 4-5. 8. Reports on fitness-If introduced in evidence, certified copies need not be appended to record. See REPORTS ON FITNESS, 5. CHALLENGES. See C. M. O. 128, 1905, 2. 1. Courts-martial-Until sworn can only hear and determine challenges. See COURT, 120. Has no authority to excuse any of its members from sitting in a case except upon challenge duly made and sustained by the court. Therefore, a court-martial commits an error if it excuses a member from sitting, although he requests .t and states he investigated the case and believes the accused guilty. C. M. O. 127, 1900, 1. But see File 26504-138, Sec. Navy, May 13, 1912, with reference to self-challenge, which modifies this. 2. Courts of inquiry-Challenge of members. See COURTS OF INQUIRY, 5. 3. Deck Court-If accused objects to being tried by deck court, he shall be tried by summary court-martial. (R-506.) See CHALLENGES, 20; DECK COURTS, 9, 50. 4. Insisting upon-The challenger can not insist upon his challenge in opposition to the decision of the court. (R-769.) 5. Judge advocates-The judge advocate, or assistant, can not be challenged on any grounds. (R-769.) 6. Same-Will properly assist the accused in presenting in due form such challenges as the latter may desire to urge, when the accused is not represented by counsel. C. M. O. 6, 1909, 3. Duty to challenge a member of the court for privately consulting and receiving advice from a medical expert in regard to evidence in the case, whether the irregularity may have tended to the injury of the prosecution or the defense. C. M. O. 128, 1905. 7. Marine examining board-Challenge of members by candidate. See PROMOTION, 25-27. 8. Material witness-G. C. M. Rec. 13370, p. 2. See also CHALLENGES, 16. 9. Member by judge advocate-At close of case for the prosecution, the judge advocate challenged a member on three grounds: (1) That he had privately consulted and received advice from a medical expert in regard to the evidence in the case; (2) that he had so argued with witnesses as to show he was greatly interested in a certain theory of the case; (3) that he had taken a decided stand either for the prosecution or defense, without saying.which. The court did not sustain the challenge. The department held that the court erred in not sustaining the challenge on the first ground. That so far as practicable, nothing affecting the case should be allowed to reach the mind of one member unless it reached all, and the person furnishing it speak under oath, subject to crossexamination. Inasmuch, however, as counsel for the accused objected with emphasis to challenge and argued against its being sustained, the accused must be held to have no right to complain of the court's ruling. C. M. Ó. 128, 1905. See also COUNSEL, 5. 10. Member withdrawing-It is customary, though not necessary, that a member objected to should withdraw, after offering such explanation as he may believe necessary, and the court shall then be cleared and proceed to deliberate and decide upon the the validity of the objection. (R-769.) See also C. M. O. 128, 1905, 2. 11. Opinion formed. See CHALLENGES, 16, 17. 12. Possibility of-No officer should be named in the precept as a member against whom either the judges advocate or the accused can reasonably object when called upon to exercise the privilege of challenge. (R-702.) See COURT, 34. 13. Prejudice-Members were challenged for prejudice. Each member was thereupon sworn upon his voir dire, and duly interrogated, after which the accused withdrew his challenge. 13 J. A. G., 324, June 11, 1904, p. 2. See also CHALLENGES, 9; MEMBERS OF COURTS-MARTIAL, 39. 14. Quorum-Court reduced below. See CHALLENGES, 22. 15. Rank, title, or relative position of members-An error in statement of the rank, title, or relative position of any member in the precept will not affect the validity of the order. Therefore, court erred when it sustained an objection entered by the judge advocate to a member on the ground that his title in the precept read, "second lieutenant," instead of "first lieutenant," his proper title. C. M. O. 100, 1893, 1-2. 16. Reasonable grounds-The accused objected to a member of court, a surgeon, on ground that he might be a witness for the prosecution. Court overrruled challenge. The department held that this challenge should have been sustained, particularly when it subsequently appeared during the trial that not only might the challenged member have been a material witness, but also that he had expressed very positively in writing an opinion as to the guilt of the accused on at least one of the charges, which opinion was later introduced improperly in evidence. C. M. O. 47, 1910, 6-7. 17. Same-A member of the general court-martial admitted, when challenged, that he had stated he hoped the accused would get a general court-martial. The court did not sustain the challenge and the department disapproved the proceedings, findings, and sentence. C. M. O. 34, 1897, 2. 18. Record of proceedings-The objection, the cause assigned, the statement, if any, of the challenged member, and the decision of the court shall be regularly and specifically entered on the proceedings. (R-769.) The record should show affirmatively that accused was given an opportunity to challenge. C. M. O. 37, 1909, 8. 19. Right of-The accused and the judge advocate have the mutual right of challenge. It is the duty of the judge advocate to ask the accused if he objects to any member of the court appointed to try him, and a minute of this inquiry and the answer thereto is invariably to be entered upon the record. (R-769.) 20. Summary courts-martial-After the precept and orders altering the same have been read, the accused shall be asked if he objects to any member of the court. The recorder may not be challenged on any ground. It is essential for the record to show that the accused was afforded opportunity to challenge. The recorder may also challenge members. If a challenge is made and the court decides not to sustain it, the case shall proceed. If the challenge is sustained, the case shall be suspended and the recorder shall, as soon as possible, forward the record to the convening authority. If the latter approves the action of the court, he may order a new member in place of the one challenged, or withdraw the specification from the court; if he disapproves the court's action, he shall return the record to the court with his action thereon and the case shall proceed. When a new member is added to the court, the order appointing him shall be read aloud and the accused shall be afforded an opportunity to challenge such member. (47, A. G. N.; R-611.) 21. Time for exercising right of challenge-As a general rule, whatever objection either party may make shall be decided upon before the court is sworn; but at any stage of the proceedings prior to the findings challenge may be made, by either the judge advocate or the accused, for cause not previously known. (R-769.) 22. Valid Should the objection be pronounced valid, and the membership of the court be thereby reduced below the legal number, the court shall be adjourned and a report made to the convening authority. (R-769.) See COURT, 141; QUORUM, 2. 23. Same Courts-martial should be liberal in passing upon challenges, but should not entertain an objection which is not specific, or allow one upon its mere assertion by the accused without proof, and in the absence of any admission on the part of the member. A positive declaration by the challenged member to the effect that he has no prejudice or interest in the case, will, in general, in the absence of material evidence in support of the objection, justify the court in overruling it. Harwood on Courts-Martial (p. 73), citing De Hart, quotes as follows: "Sir C. J. Napier observes that 'when it is practicable so to do, all challengers should be admitted.' It is not only right to be as mild as possible toward a prisoner, but it is right also to let the public and the prisoner see that such is the case. A culprit should never be made to appear in the light of a martyr: for when this takes place, much of the advantage of punishment is lost, and it is hard to oblige him so to do, unless the good of the service demands it." C. M. O. 34, 1897, 2. CHALLENGE TO DUELS. See DUEls. CHANGES OF NAMES. See NAME, CHANGE OF. 1. Army-For memorandum comparing naval chaplains with Army chaplains and other corps of the Navy. See File 398-03. 1898. 2. Courts-martial-May serve as members of courts-martial. Letter of September 24, 3. General courts-martial-Tried by. C. M. O. 108, 1898; 74, 1907. See also ADDITIONAL CHARGES AND SPECIFICATIONS, 10. 4. Judge advocate-Chaplain may act as judge advocate. Letter of September 24, 1898. See also File 7214-98. 5. Number, rank, and pay of. See File 3616-3, September 17, 1907. CHARACTER. 1. Accused's character. See EVIDENCE, 12-22. 2. Admissibility of evidence as to. See EVIDENCE, 12-22. 3. Clemency-Recommended because of previous excellent character of accused. See CLEMENCY, 8. 4. Evidence of-By prosecution, admissible only when, etc. See EVIDENCE, 16. 5. Impeaching-Character of witnesses. See IMPEACHMENT. 6. Witnesses-Privilege of witnesses to decline to reply to questions the answers to which would degrade or disgrace them. C. M. O. 29, 1914, 11. See also SELF-INCRIMINATION, 11-12. 7. Same-As to character of accused. C. M. O. 1, 1914, 5, 7. See also EVIDENCE, 12-22. 8. Same-Duty of judge advocate to cross-examine. C. M. O. 39, 1915. CHARGES AND SPECIFICATIONS. 1. Abbreviation-Of names. See CHARGES AND SPECIFICATIONS, 60. 2. Absence, unauthorized. See ABSENCE, 10-13; ABSENT FROM STATION AND DUTY AFTER LEAVE HAD EXPIRED; ABSENT FROM STATION AND DUTY WITHOUT LEAVE; DESERTION. 3. Accumulative-Offenses shall not be allowed to accumulate in order that sufficient matter may thus be collectively obtained for a trial, without giving due notice to the offender. (R-1411.) C. M. O. 38, 1894, 3. See also ACCUMULATION OF OFFENSES. 4. Accused-Shall, as soon as practicable after it has been decided to bring him to trial, be furnished with a copy of the charges and specifications preferred against him. (See A. G. N. 43.) C. M. O. 10, 1915, 6. See also ARREST, 39. 5. Same "In all cases, whether general or summary, the record must state that the accused was furnished with a copy of the charges and specifications at least one day before the trial." (G. O. 114, Mar. 22, 1869.) The department now holds that the accused may be tried at any time after he states in open court that he is ready for trial. (R-775.) 6. Additional charges and specifications. See ADDITIONAL CHARGES AND SPECIFI CATIONS. 7. Admissions in open court-By accused of certain parts of the specifications. See ADMISSIONS, 1. 8. Alterations in-How made. See CHARGES AND SPECIFICATIONS, 33, 34. 9. Amendments in-How made. See CHARGES AND SPECIFICATIONS, 33, 34. 10. Arraignment. See ARRAIGNMENT. 11. Borrowing money. See BORROWING MONEY, 1; LENDING MONEY. 12. Breaking arrest. See BREAKING ARREST. 13. Changes or alterations in-Authority for. See CHARGES AND SPECIFICATIONS, 33, 34. 14. Conduct unbecoming an officer and a gentleman.-See CONDUCT UNBECOMING AN OFFICER AND A GENTLEMAN. 15. Convening authorities-Should follow prescribed forms. In reviewing records of general courts-martial during the past year the department has noted that convening authorities have not conformed to the phraseology for charges as outlined in the Forms of Procedure, 1910. Wherever possible the Forms of Procedure should be followed. Convening authorities should never lose sight of the fact at any time as expressly stated in the department's order promulgating the Forms of Procedure, 1910, that "deviation therefrom may be fatally irregular and erroneous." (Forms of Procedure, 1910, p. 3.) C. M. O. 49, 1915, 9. See also C. M. O. 35, 1915, 6-7; CHARGES AND SPECIFICATIONS, 43, 44, 47, 48. 16. Same Time and place of signing by convening authority should be stated. C. M. O. 159, 1897, 2; 160, 1897, 2. 17. Copy of To be furnished accused. See CHARGES AND SPECIFICATIONS, 4, 5, 18; ArREST, 39. 18. Same-Received by accused 10 days before his trial-The accused is solely responsible for informing his natural or legal guardians or relatives of the fact that he is to be tried by general court-martial. The department has held that an accused had ample time to send such information when he was delivered a copy of the charges and specifications 10 days before he was brought to trial. File 26251-6020:11, Sec. Navy, July 7, 1913; C. M. O. 27, 1915, 10. See also CHARGES AND SPECIFICATIONS, 4, 5. 19. Corrections to. See CHARGES AND SPECIFICATIONS, 33, 34. 20. Date Accused received copy of charges and specifications should be entered on record. C. M. O. 17, 1910, 15. 21. Same Of identification of accused while serving in Army should be alleged in the specification under a charge of "desertion.' C. M. O. 33, 1912, 2. See also ARMY, 9; DESERTION, 17. 22. Same-Should be written in specifications. C. M. O. 28, 1910, 5. 23. Same-Alleging of dates in specifications. See FINDINGS, 18, 27, 32, 33, 35. 24. Debts. See DEBTS, 12, 13, 21, 22, 24, 27. 25. Deceit. See DECEIT. 26. Deck court. See DECK COURTS. 27. Defects in-Waived by plea of "guilty." See ABSENCE FROM STATION AND DUTY WITHOUT LEAVE, 29. 28. Desertion. See DESERTION. 29. Drawn, how. See CHARGES AND SPECIFICATIONS, 15, 16, 38, 39, 40, 43, 47, 48, 49, 52, 53, 60, 61-68, 70, 74, 78, 91, 92, 93, 99, 102, 103, 105, 106. 30. Drunkenness on duty. See DRUNKENNESS ON DUTY, 4. 31. Duplication-Of charges should be avoided. C. M. O. 49, 1915, 18. See CHARGES AND SPECIFICATIONS, 32, 61-68. 32. Duplicity. C. M. O. 150, 1897; 160, 1897; 35, 1915, 6-7; 49, 1915, 18. See also CHARGES AND SPECIFICATIONS, 31, 61-68. 33. Errors in-After a charge and specification has been signed by the proper convening authority and ordered to be investigated, it is not competent for any person to make alteration therein without first having obtained the consent of such authority, except that the judge advocate may, with the approval of the court, correct manifest clerical errors. (Navy Regulations, 1913, R-715 (1-2); R-774 (2); Forms of Procedure, 1910, p. 21.) If a court-martial considers other alterations necessary in a charge or specification laid before it, the same must be submitted for the approval of the authority by whom the original charge was sanctioned, previous to the arraignment of the accused. (R-715 (2).) (See G. C. M. Rec. 16098, Exhibits "G" and "H"; File 26251-12309.) 17649-21-5 |