CO129-420 - Governor Sir May - 1915 [1-2] — Page 377

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The Rules of Procedure at a Court Martial upon a charge made under Section 40 provide that all oral evidence given must be reduced into writing in the presence of the accused.

The accused may put questions in cross-examination the questions with the answers must be added in writing to the evidence taken dom.

The evidence of each witness when taken down shall be read over to him and shall be signed by him.

Any statement of the accused material to his defence shall be added in writing.

At a Field General Court Martial the President of the Court shall taken down or cause to be taken down a short suma- -ry of the evidence of all the witnesses at the trial and the summary so taken down shall be attached to the proceedings. Provid- -ed that if it appears to the convening officer that military erigencies or other circumstances prevent compliance with the provision the trial may be carried on without any summary being taken down.

I do not understand paragraph 3 of His Excellency the G. 0. C.'s letter of the 15th. September, 1914, as it surely cannot be contended that, assuming that this trial of Conrad Bitzer by Meld General Court Martial was right, the military exigencies or elraumstances prevented the taking down of the oral

●vidence. (See Rule 107 of Procedure).

! I also fail to understand why or upon what possible grounds Conrad Bitzer was tried by a Field General Court Martial.

A Field Gearal Court Martial is governed by Section

49 Army Act, and Section 105 Rules of Procedure, and can only be convened on active service or abroad for the trial of offences which it is not practicable with due regard to the public service to try by an ordinary General Court Martial.

It could never have been contemplated that a trial such as that of Conrad Bitzer, a civilian (even although subject