A Treatise on the Law and Practice of Naval Courts-martialJ. Murray, 1851 - 319 pages |
From inside the book
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Page viii
... sworn . All Evidence to be given on Oath . CHAPTER III . Evidence in general . had to be produced . -- received in Evidence . cient . ness . - d EVIDENCE . The best Evidence that can be Written Documents , how to be ---- One Witness ...
... sworn . All Evidence to be given on Oath . CHAPTER III . Evidence in general . had to be produced . -- received in Evidence . cient . ness . - d EVIDENCE . The best Evidence that can be Written Documents , how to be ---- One Witness ...
Page xiii
... sworn . Plea to the Jurisdiction - in Abatement ; on the Ground of former Acquittal , or former Conviction .. Case of William Maxwell , Boatswain of H. M. S. " Tweed . " - Pardon having been already punished for the Offence ― - 120 ...
... sworn . Plea to the Jurisdiction - in Abatement ; on the Ground of former Acquittal , or former Conviction .. Case of William Maxwell , Boatswain of H. M. S. " Tweed . " - Pardon having been already punished for the Offence ― - 120 ...
Page xvi
... sworn No. IX . · Whether the Captain of a Ship that has sailed from and is out of Sight of , but still within the Limits of , a Port , ought to sit as a Member of a Court - Martial assembled at such Port , and whether its Proceedings ...
... sworn No. IX . · Whether the Captain of a Ship that has sailed from and is out of Sight of , but still within the Limits of , a Port , ought to sit as a Member of a Court - Martial assembled at such Port , and whether its Proceedings ...
Page 15
... sworn , the reason for so doing must be on the ground of prejudice or interest . A prisoner might object to any man sitting as his judge , who had shown animosity towards him ; or who had , before the trial , ex- pressed a decided ...
... sworn , the reason for so doing must be on the ground of prejudice or interest . A prisoner might object to any man sitting as his judge , who had shown animosity towards him ; or who had , before the trial , ex- pressed a decided ...
Page 18
... sworn as witnesses for any of the parties ; for they can have no interest in the issue of the trial , and no bias of any kind to give evidence against the truth . " * It is only when the Court decide that the objections raised by the ...
... sworn as witnesses for any of the parties ; for they can have no interest in the issue of the trial , and no bias of any kind to give evidence against the truth . " * It is only when the Court decide that the objections raised by the ...
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Common terms and phrases
accessory accused acquitted Act 22 Geo Act of Parliament actual service Admiralty Archbold Articles of War assemble belonging Boatswain breach Captain charge not proved charge proved command commander-in-chief committed common law convicted Court court-martial crew crime defence desert direct Dismissed his ship Dismissed the service disobedience of orders Drunkenness endeavour examination execution Fcap felony fleet or squadron full pay Fully proved Proved guilty HAND-BOOK imprisoned indictment jesty's Judge Judge-Advocate jurisdiction jury Lieutenant Lord High Admiral Lords Commissioners Lordships Majesty Majesty's ship manslaughter Marine martial master murder mutinous naval courts-martial oath offence opinion person Post 8vo post-captains president principal prisoner proceedings prosecution prosecutor Proved Fully proved Proved Proved Proved question racter receive 100 lashes Royal Navy Seaman Second charge Second Edition service and full severely reprimanded sit as members suffer death superior officer sworn Third Edition tion vols witness Woodcuts
Popular passages
Page 130 - ... at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it that he did not know he was doing what was wrong.
Page 130 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 129 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Page 128 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons : as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?
Page 132 - ... the English judges replied, "We think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But...
Page 55 - ... on the trial of any issue joined, or of any matter or question or on any inquiry arising in any suit, action or...
Page 130 - ... occasions, has generally been, whether the accused, at the time of doing the act, knew the difference between right and wrong, which mode, though rarely, if ever, leading to any mistake with the jury, is not, as we conceive, so accurate when put generally, and in the abstract, as when put to the party's knowledge of right and wrong, in respect to the very act with which he is charged.
Page 43 - Hilary term, applied at such sittings to put off the trial, on the ground of the absence of a material witness...
Page 153 - But no power on earth, except the authority of parliament, can send any subject of England out of the land against his will; no, not even a criminal.