“You A. B. do swear, that you will not disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness, by a court of justice in due course of law. Nor divulge the sentence of the court to any but the proper authority, until it shall be duly disclosed by the same. So help you God.”
Art. 70. When any prisoner arraigned before a general court martial shall, from obstinate and deliberate design, stand mute or answer foreign to the purpose, the court may proceed to trial and judgment as if the prisoner had regularly pleaded not guilty.
Art. 71. When a member shall be challenged by a prisoner, he must state his cause of challenge, of which the court shall, after due deliberation determine the relevancy or validity, and decide accordingly; and no challenge to more than one member at a time shall be received by the court.
Art. 72. All the members of a court martial are to behave with decency and calmness; and in giving their votes, are to begin with the youngest in commission.
Art. 73. All persons who give evidence before a court martial, are to be examined on oath or affirmation in the following form:
“You swear or affirm (as the case may be) the evidence you shall give in the cause now in hearing, shall be the truth, the whole truth, and nothing but the truth. So help you God.”
Art. 74. On the trials of cases not capital, before courts martial, the deposition of witnesses not in the line or staff of the army, may be taken before some justice of the peace, and read in evidence; provided, the prosecutor and person accused are present at the taking the same, or are duly notified thereof.
Art. 75. No officer shall be tried but by a general court martial, nor by officers of interior rank, if it can be avoided. Nor shall any proceedings or trials be carried on excepting between the hours of eight in the morning, and three in the afternoon, excepting in cases, which, in the opinion of the officer appointing the court martial, require immediate example.
Art. 76. No person whatsoever shall use any menacing words, signs, or gestures, in presence of a court martial, or shall cause any disorder or riot, or disturb their proceedings, on the penalty of being punished at the discretion of the said court martial.
Art. 77. Whenever any officer shall be charged with a crime, he shall be arrested and confined in his barracks, quarters, or tents, and deprived of his sword, by the commanding officer. And any officer who shall leave his confinement before he shall be set at liberty by his commanding officer, or by a superior officer, shall be cashiered.