Principles and Practice of Naval and Military Courts Martial (Volume 1); With an Appendix Illustrative of the Subject - Softcover

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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. 1805. Excerpt: ... challenge, that is, objecting to jurymen (to a' certain number) without assigning any cause; yet the constitution of naval or military courts martial cannot admit of the exercise of a similar privilege. If a prisoner, to be tried at a naval or military court martial, challenge any member of the court, he mould immediately assign cause for such challenge; the court will judge of thtf validity, and in their discretion admit or reject it. There are many causes for which a juror in a court of law may be challenged; but there are very few of a valid nature, upon which any member' of a court martial may be successfully challenged by a prisoner. A most obvious cause of challenge, and which it would be the duty of a judge advocate to anticipate, may be made against any officer, sitting at a court martial, who had previously sat at a Court of enquiry, and given his opinion on the matter at iflue. The same rule is applicable in cafes of appeal from a regimental to a general court martial. The validity of this objection is founded upon, the fame principles of reason, as the. exceptions against a grand'juror, who has found an indictment, and therefore cannot sit, as one of the petty jury, upon.a trial of the same cause . But we have our doubts whether it would be a valid Coke up»n Littleton, 157. t _, objection objection at naval courts martial against any member who had fat at a previous court martial on the trial of either a prosecutor or prisoner, implicated in charges connected with each other, or of a recriminating nature. We find on the trial of Admiral Mathews, that fourteen members, who had previously fat on the trial of Vice Admiral Lestock on charges of a similar nature, composed with five other members the tedious court martial held on Admiral Mathew...

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