ARTICLE III. The introduction and use of evidence of previous convictions is subject to the following regulations: 1. Such evidence shall be limited to previous convictions by courts-martial of an offense or offenses within one year preceding the arraignment and during the current enlistment. These convictions must be proved by the records of previous trials and convictions, or by duly authenticated copies of such records, or by duly authenticated copies of the orders promulgating such trials and convictions. Charges forwarded to the authority competent to order a general court-martial, or submitted to a summary, garrison, or regimental court-martial, must be accompanied by the proper evidence of previous convictions. 2. Whenever a soldier is convicted of an offense for which a discretionary punishment is authorized, the court will receive evidence of previous convictions, if there be any. General, regimental, and garrison courts-martial will, after a finding of guilty, be opened for the purpose of ascertaining whether there is such evidence and, if so, of receiving it. 3. Previous convictions in connection with inferior court offenses.-When a soldier is convicted of an offense the punishment for which under Article II of this order or the custom of the service does not exceed that which an inferior court-martial may adjudge, the punishment so authorized may, upon proof of four or less previous convictions within the prescribed period, be increased one-half for each of such previous convictions; provided that upon proof of five or more such previous convictions, the limit of punishment shall be dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for three months. 4. Previous convictions in connection with general courtmartial offenses.-When the conviction is for an offense punishable under Article II of this order or the custom of the service with a greater punishment than an inferior court can award, such punishment, if it includes dishonorable discharge, shall not be increased by reason of previous convictions, but evidence thereof, whatever their number within the prescribed period, will be submitted to the court to aid it in determining upon the proper measure of punishment, subject to the limit already authorized. If the authorized punishment under Article II of this order or the custom of the service exceeds what an inferior court can award and does not include dishonorable discharge, such punishment shall not be increased on account of previous convictions if less than five are considered, but if there be five or more, the court may adjudge dishonorable discharge and forfeiture of all pay and allowances with the authorized confinement, and when this confinement is less than three months it may be increased to three months. 5. On a conviction of desertion evidence of convictions of previous desertions may also be introduced, irrespective of the period which may have elapsed since such conviction or convictions. 6. When a noncommissioned officer is convicted of an offense not punishable with reduction, he may, upon proof of one previous conviction within the prescribed period, be sentenced to reduction in addition to the punishment already authorized. ARTICLE IV. When a soldier shall, on one arraignment, be convicted of two or more offenses, none of which is punishable under Article II of this order or the custom of the service with dishonorable discharge, but the aggregate term of confinement for which may exceed six months, dishonorable discharge with forfeiture of pay and allowances may be awarded in addition to the authorized confinement. ARTICLE V. This order prescribes the maximum limit of punishment for the offenses named, and this limit is intended for those cases in which the severest punishment should be awarded. In other cases the punishment should be graded down according to the extenuating circumstances. Offenses not herein provided for remain punishable as authorized by the Articles of War and the custom of the service. ARTICLE VI. Summary courts are subject to the restrictions named in the 83d Article of War. Soldiers against whom charges may be preferred for trial by summary court shall not be confined in the guardhouse, but shall be placed in arrest in quarters, before and during trial and while awaiting sentence, except when in particular cases restraint may be necessary. ARTICLE VII. Substitutions for punishment named in Article II of this order are authorized at the discretion of the courts at the following rates: Two days' confinement at hard labor for one dollar forfeiture; or the reverse; one day's solitary confinement on bread and water diet for two days' confinement at hard labor or for one dollar forfeiture; provided that a noncommissioned officer not sentenced to reduction shall not be subject to confinement; and provided that solitary confinement shall not exceed fourteen days at one time, nor be repeated until fourteen days have elapsed, and shall not exceed eighty-four days in one year. ARTICLE VIII. Noncommissioned officers above the rank of corporal shall not, if they object thereto, be brought to trial before regimental, garrison, or summary courts-martial, without the authority of the officer competent to order their trial by general court-martial; nor shall sergeants of the post noncommissioned staff or hospital stewards be reduced, but they may be dishonorably discharged whenever reduction is included in the limit of punishment. WILLIAM MCKINLEY. BY COMMAND OF MAJOR GENERAL MILES: H. C. CORBIN, 9 Adjutant General. GENERAL ORDERS, No. 17. HEADQUARTERS OF THE ARMY, Washington, April 8, 1898. The following order has been received from the War Department: WAR DEPARTMENT, Washington, March 12, 1898. By direction of the President, the new 10-inch battery on Sullivans Island, Charleston Harbor, South Carolina, will hereafter be known and designated as Battery Sergeant Jasper, in honor of the late Sergeant William Jasper, 2d South Carolina Regiment (Continental Army), who, during the attack of the British fleet on Fort Sullivan on the 28th of June, 1776, heroically restored to the fort the flag which had been shot away by a ball from a British ship. R. A. ALGER. BY COMMAND OF MAJOR GENERAL MILES: GENERAL ORDERS, H. C. CORBIN, HEADQUARTERS OF THE ARMY, No. 18. By direction of the Secretary of War, the allowance of. ammunition for the instruction of light batteries of artillery for use in target practice with the 3.2-inch B. L. Field Guns, published in General Orders, No. 18, Headquarters of the Army, Adjutant General's Office, March 30, 1897, is discontinued until further orders. BY COMMAND OF MAJOR GENERAL MILES: GENERAL ORDERS, No. 19. H. C. CORBIN, HEADQUARTERS OF THE ARMY, Washington, April 15, 1898. The following orders have been received from the War Department: WAR DEPARTMENT, Washington, April 15, 1898. I. By direction of the President, Brigadier General William R. Shafter will transfer, temporarily, the command of the Department of California to Brigadier General Henry C. Merriam, who will continue to command the Department of the Columbia also. II. By direction of the President, Brigadier General Henry C. Merriam will assume temporary command of the Department of California, in addition to commanding the Department of the Columbia. III. By direction of the President, Colonel James J. Van Horn, 8th Infantry, is relieved from the temporary command of the Department of the Colorado, and will join his regiment; and Colonel Edwin V. Sumner, 7th Cavalry, is assigned to the temporary command of that Department, and also of the Department of the Missouri, with station at Denver, Colorado. IV. By direction of the President, Colonel John M. Bacon, 8th Cavalry, is assigned to the temporary command of the Department of Dakota, and also of the Department of the Lakes. I. The following rosters of artillery regiments, exhibiting the names and relative positions of the officers retained therein and assigned thereto by the Secretary of War, to date from March 8, 1898, under the provisions of an act of Congress approved on that date, are published for the use, information, and guidance of all concerned; and those officers whose assignments have not already been announced in orders, are, by direction of the Secretary of War, hereby assigned to regiments as they appear in the rosters herein published, to date from March 8, 1898. (This mark (*) prefixed to the letter of a battery denotes a light battery.) |