Treatise on Military Law and the Practice of Courts-Martial
ISBN 0217155294 (0-217-15529-4)
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Softcover, General Books LLC, 2012
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Book summary: This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1862. Not illustrated. Excerpt: ... the objection. In these decisions the court contrived to violate the plainest rules of evidence. It is really unaccountable how a court could conceive that evidence, documentary or oral, should be rejected in one court because it had been admitted in another court, or that a document being incompetent, its contents by parole could be admitted. "Again; the voucher for $2,452.70 alleged to be overcharged being in proof for the prosecution, and for the defence that $2,000 had been paid, the prosecution asked what part of that payment was on account of that voucher. The defence objected. That the inquiry was pertinent, that it went precisely to the gist of the matter on trial, would seem to be obvious; and, moreover, the prosecution explained, that the claimant had, in fact, signed other vouchers, and the point was how much had been paid on that voucher. Nevertheless the court sustained the objection and ruled out the inquiry. Then the prosecution asked if the whole of the $2,000 was paid on that voucher. The defence objected (what was clear enough), that that was matter just ruled out. But now the court overrule the objection and admit the answer, and allow it to be shown that ' the whole' of the $2,000 was not paid on that voucher, though they would not allow it to be shown 1 what part' of it was so paid; and consequently what part of the voucher had been paid, and that material inquiry they left as much in the dark as they found it. " Errors such as these are inexcusable. " This record presents, however, a much more important subject for the animadversion of the department and the information of the army. This accused and some other disbursing officers have been charged with rendering vouchers of payment, when, in fact, the payments had not been made. Th...
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