assurance of confidence, that I could not individually have obtained for it; for, though I have possessed the best information, and have applied myself, very closely, to the consideration of the various subjects which it was necessary to investigate, still, I have felt the great value and importance of that gentleman's assistance, and the advantage of the trouble and labour he has imposed upon himself, by a second revision of the whole; and the painɛ he has taken to insure accuracy and perspicuity in the most important part of the work. I have used my best endeavours to merit the liberal patronage, with which you have been pleased to honour me. It will afford me a very high gratification, if my humble labours should meet with the approbation of your Honourable Court, and prove to be in the least degree useful, to the profession to which I have the honour to belong. I have the honour to subscribe myself, Honourable Sir, and Sirs, Your much obliged, and most faithful humble servant, WILLIAM HOUGH, Captain 48th Regiment, Bengal Native Infantry. H IN publishing a second edition of this work, it has been found necessary to give a new form to it. The plan of the present work, is that which I had originally intended to have adopted in the former, but the requisite information and materials were wanting; I was, therefore, obliged to confine myself to a compilation of General Courts-Martial, with some other information, to the extent of my then means and materials. Since my return to England, I have had the opportunity and addad vantage of consulting, the latest and best works on the Criminal Law of England. I have also attended the Courts of Justice, to observe the mode of conducting trials; and I have had the professional advice and assistance of George Long, Esq., a Barrister at Law, by whose aid I have been enabled to present this volume, in its present shape..... The nature of Military Crimes, in general, does not require that the charges should be so formally drawn, as in the case of those crimes which are punished, capitally, or otherwise, by the Common, or Statute Law of England. 1 } In the former, I have, agreeably to the practice of drawing military charges, set them out, by pursuing the words of each article; and with respect to the evidence and necessary proofs on such occasions, I have adopted the course which appears likely, to render the proceedings, concise, clear, and perspicuous. I have also exhibited the number of witnesses required in each case, and the punishment which follows on conviction. J. With regard to capital crimes, and those which are punishable under the 4th article, 21st section (*) of the Articles of War, a greater strictness is required. I have given the indictments as they I * And 4th Article 24th Section, Annual Articles of War, p. 690. are usually framed in the Courts of Criminal Jurisdiction, as it would have been presumption were I to have given any form of words, differing from those used in Courts of Law; which have been esteemed to be the best calculated, to answer the ends of justice. The giving the form of such indictments in the usual words, will enable any one to frame charges from them with facility, while his general recollection may not at all times be sufficient for the purpose; and, as cases have occurred, in which prisoners have escaped merited, punishment, owing to the omission of material words; it is not upon mere surmise, that I recommend the adoption of these forms to the consideration of those, who may have to frame charges; for, as Dr. Johnson has observed, "a writer may often in vain trace his memory, at the moment of need, for that which yesterday he knew with intuitive readiness, and which will come uncalled into his thoughts to-morrow;" the occasion may be so urgent, as not to afford time consider, and to weigh well the precise words to be used; whereas, forms and approved precedents, will save that time, which may be beneficially employed in other matters, which may urgently ly press: and arrangement is the life and soul of business.‹ to The advantage of pursuing the usual form, will be apparent, by examining any one indictment, and comparing it with the evidence" which immediately succeeds, and the proofs which follow in due succassion-in fact, the indictment is the very guide that leads directly to those proofs, in their natural, and consecutive order; it does, if I may so express myself, embody the head and front; and all the incidents of in the the imputed offence, range themselves under-the beginning, middle, and the end. dol Although there are officers holding the situation of Judge Advo" cate, and Deputy Judge-Advocate-General, still, owing to to their temporary sickness or absence-the necessity for assembling a General Court-Martial when such assistance cannot be obtained-recourseTM bet consequently be had to the appointment of other officers to con2TM See Remarks by the Com.-in-chief to case 38, p. 6gt bra • duct the proceedings. In such cases, at times, points may arise, difficult in their nature, or of uncommon occurrence, upon which information will be desirable. Under such circumstances, one of two courses must be pursued; to do the best according to circumstances (for which this work is designed to afford assistance), or to adjourn the General Court-Martial, and refer the point to the Judge-Advocate-General. The latter case, involves delay, the longer detention of the prisoner in arrest or confinement, and the continued absence of the members of the Court, from their other duties. The Contents of this work will be found at the commencement, immediately after the title page. I have given the mode of proceeding by Regimental Court-Martial,* by Appeal from it to a General Court-Martial, and by General Court-Martial. I have made them distinct from each other, as they differ in some respects: and I have noticed in another place, what relates to evidence in Capital Crimes, and those which are, under certain circumstances, taken cognizance of by General Courts-Martial. With regard to such crimes, I have had able professional assistance to correct those errors, which it would naturally be expected I should have fallen into, without such aid, which has, also, been extended, to the explanation of the Mutiny Act and of the Articles of War; and it would have been a subject of regret to myself, had the work made its appearance, without having undergone such legal revision and cor rection. With regard to the Military portion of the work, I have not allowed myself to rest solely upon my own judgment: I am indebted to the advice of military friends; and it will be observed, that I have very largely drawn supplies, from the stores of others; in doing which I was of opinion, that by quoting from Authors who are known to the Army at large, the work would be received with more confidence. I have gone into details, which are necessary in a work intended to * P. 927. † P. 937. be practical; and have given it its present form under the persuasion that such a work is more calculated to be useful, than one of a theoretical nature. I have given the latest cases of General Courts-Martial that have been published by authority, and it will be perceived, that the Works, from which I have obtained much valuable information, are of known character, and held in high estimation: they are Howell's State Trials; Blackstone's Commentaries ;* Mr. S. M. Phillipps' very excellent and universally approved work on the Law of Evidence; † Mr. Starkie's ‡ work on Civil and Criminal Evidence; Mr. Russell's work on Crimes and Misdemeanors;§ and Mr. Archbold's work on Criminal Pleading. || The above excellent works are much esteemed; they have rendered me very important assistance, and I could not have proceeded without the aid of their lights; for, in these works, the Law is exhibited in such a systematic, perspicuous, and easy manner, that the reader readily finds his object, and is seduced by their style to pursue the subject to its close; and this is particularly so, in the case of Mr. Phillipps' work, which has so often called forth the admiration of the Bench. The treatises on Military Law, which I have chiefly consulted, are: Mr. Samuel's work on the Mutiny Act and the Articles of War; ¶ Tytler, ** and McArthur. ++ I have exceeded the limits which I had originally prescribed, but when it is recollected, that so many and various subjects have been under consideration, I trust the reader will not be disposed to object on that account; for, I have endeavoured to render the work applicable, as well to H. M.'s as to the H.E. L. Company's forces, extending it to the Native Troops; which has made it necessary to give the regulations of the Governments in India, relative to capital crimes and other matters connected therewith. I have given the form of Wills, ‡‡ and the duties of an Executor. §§ Considering, that many who are called upon to perform such duties are unacquainted with them, and are, sometimes, in situations re |