Laws of the Republic of Texas, in two volumes. Volume 01. Page: 46
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authorityy, until it shall be duly disclosed by the same; so help
ART. 61. When a prisoner, arraigned before a general
court martial, shall, from obstinacy and deliberate design, stand
mute, or answer foreign to the purpose, the court may proceed
to trial and judgmen-t, as if the prisoner had regularly pleaded
ART. 62. 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 validity or relevancy,
and dede accordingly; and no challenge to more than one
member at a time, shall be received by the court.
ART. 63. All members of a court martial are to behave
with decency and calmness, and in giving their votes shall begin
with the youngest in commission.
ART. 64. 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 case now in hearing, shall be the
truth, the whole truth, and nothing but the truth, so help me
ART. 65. On the trials of cases, not capital, before courts
martial, the deposition of witnesses, not in line or staff of the
army, may be taken before some justice of the peace, and read
in evidence, provided thick prosecutor and person accused are
present on taking the same, or are duly notified thereof.
AIT. 66. No o#cer shall be tried by a general court
martial, nor by officers of an inferior 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 officers
appointed, the court martial required immediate example.
ART. 67. No person whatsoever shall use any name, any
gestures, or sign in presence of a court martial, or shall cause
any disorder or riot, or disturb theii proceedings, in the penalty
of being punished at the discretion of said court martial.
ART. 68. No officer shall be tried but by a general court
martial, or shall cause any disorder or riot; or disturb their proceedings,
on the penalty of being punished at the discretion of
a court martial.
ART. G6. Whenever any officer shall be charged with a
crime, he shall oe confined to his barracks, quarters, or tent, and
deprived of his sword, by the commanding officer; and any offi
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Texas (Republic). Secretary of State. Laws of the Republic of Texas, in two volumes. Volume 01., book, 1838; (texashistory.unt.edu/ark:/67531/metapth45356/m1/46/: accessed January 17, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .