Appendix 3.
Record of Trial by Special Court-Martial


Introduction

This appendix contains a specimen record of trial by special court-martial as it would be forwarded by the reviewing authority to the officer exercising general court-martial jurisdiction over the command. (See par. 114b, supra.) Suggested forms for a check sheet and chronology sheet have been included, but it should be noted that the use of these forms is optional and not required.

The record of trial and the special court-martial order have been printed in usual book form. When actually prepared,if the special court-martial order and record of trial by special court-martial are typewritten on both sides of the paper, they should be prepared so that the reverse side of each page can be read by turning up the bottom of the page.

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RECORD OF TRIAL
of

Rentland                     John M.                                             36126705          
(Last name)           (First name and middle initial)           (Army serial number)

Pvt                                         Sv Btry, 399th FA Bn                    
(Rank)                                       (Organization)

                        Fort Sill, Okla.                        
(Station)

by

SPECIAL COURT-MARTIAL
Appointed by the Commanding Officer of

                359th Field Artillery Battalion                

Tried at                 Fort Sill, Okla.                        
 
On                   28 November                     1943      

Forwarded in compliance with 87c, M.C.M.

For the Commanding Officer:                
C.V. Tucker        
C.V. TUCKER,    
Capt, FA.            
(Adjutant)      

Received,                                        
Days awaiting the record (after date of trial):                        
Acting by Commanding General under par. 91, M.C.M.:

                      Division JA
(Examiner)                  

Record of Trial, S.C.M.--Cover                              
                                                          File Clerk

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SPECIAL COURT-MARTIAL CHECK SHEET

RENTLAND, JOHN M.   36126705           Pvt                       Sv Btry, 359th FA Bn
          (Name)             (ASN)         (Rank)                       (Organization)

RECORD Yes No
1. Is the chronology sheet properly filled out, including explanations of all excessive delays? X  
2. Is the record properly arranged? X  
3. Are all orders showing membership of the court appended to the record? X  
4. Does the court record show place, date and hour the court convened? App. 7, MCM. X  
5. Are absent members listed, or if none are absent, does the record so state? App. 7, MCM. X  
6. Was the accused given an opportunity to challenge members of the court? Pars. 57 and 58, MCM. X  
7. Were the members of the court and personnel of the prosecution sworn? X  
8. Were at least three members of the court present at all times throughout the trial? X  
9. Are pleas of accused regularly entered? Pars. 64 and 70, App. 6, MCM. X  
10. Were all the witnesses sworn? App. 6, MCM. X  
11. After each recess and adjournment are the personnel of the court, prosecution, defense and accused accounted for? App. 6, MCM. / /
12. Are the findings in proper form? X  
13. Does the evidence sustain the findings of the court? X  
14. Is the sentence in proper form? App. 9, MCM. X  
15. Is the sentence within the maximum? X  
16. Is the hour and date of any adjournment shown? App. 6, MCM. X  
17. Is the record properly authenticated? App. 6, MCM. X  
18. Does the record show that Defense Counsel has examined the record? Par. 45b, MCM. X  
19. Is the action ofthe reviewing authority in proper form? Par. 87, MCM. X  
20. Are all erasures and interlineations in the record properly initialied? App. 6, MCM. X  
21. Is the date of the SCMO the same as the action of the Reviewing Authority? Par. 87d, MCM. X  
22. Are the orders appointing the court cited in the SCMO? App. 11, MCM. X  
23. Are the accused's name, grade, serial number and organization correctly shown in the SCMO? App. 11, MCM. X  
24. Are all the charges and specifications correctly copied into the SCMO? X  
25. Are the pleas, findings and sentence correctly copied into the SCMO? X  

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RECORD Yes No
26. Does the SCMO indicate that previous convictions, if any, were considered? App. 11, MCM. X  
27. Is the date of the adjudging of the sentence,or the announcement of an acquittal, shown? Par. 87d, MCM. X  
28. Is the action of the Reviewing Authority correctly shown on the SCMO? X  

/s/ C.V. Tucker
C.V. TUCKER
Capt, FA
Adjutant

 

RECORD OF TRIAL

BY

SPECIAL COURT-MARTIAL

OF

RENTLAND   John M.           36126705   Pvt   Sv Btry, 359th FA Bn
(Last name)   (First name and   (ASN)   (Grade)       (Organization)
    middle initial                                      



CHRONOLOGY

    Date No. of days Explanation*
1. Accused arrested or conf 21 Nov 1943    
2. Charges fwd      
      To Reg or Bn Hq 22 Nov 1943 1  
      Recd, Reg or Bn Hq 22 Nov 1943 1  
      To TJA 24 Nov 1943 3  
      Recd, TJA 24 Nov 1943 3 Personnel of
court on CPX
Nov. 26, 27, 1943
3. Date of trial 28 Nov 1943 7
4. Record fwd to RA 30 Nov 1943 9
5. Date of action 1 Dec 1943 10
6. Record fwd to SJA 1 Dec 1943 10  
7. Total   10  

*Explain any delay over six days between arrest or confinement and date of trial; over three days between date of trial and action by RA. Count number of days from arrest or confinement. In computing number of days between two dates, disregard the first day and count the last day. Months will not be assumed to consist of 30 days.

/s/ C.V. Tucker
C.V. TUCKER
Capt, FA
Adjutant

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HEADQUARTERS 359TH FIELD ARTILLERY BATTALION

Fort Sill, Oklahoma

Special Court-Martial
 
Order No.
)
:
)
      1 December 1943

Before a special court-martial which convened at Fort Sill, Oklahoma, pursuant to paragraph 32, Special Orders No. 277, this headquarters, 4 October 1943, was arraigned and tried:

Private JOHN M. RENTLAND, 36126705, Service Battery,
359th Field Artillery Battalion.

CHARGE: Violation of the 93d Article of War.
Specification: In that Private John M. Rentland, Service Battery, 359th Field Artillery Battalion, did, at Fort Sill, Oklahoma, on or about November 20, 1943, feloniously take, steal and carry away about $13.00, lawful money of the United States, the property of Private Charles Bozant.

PLEAS

To the Specification and the Charge: Not Guilty

FINDINGS

Of the Specification and the Charge: Guilty

SENTENCE

To be confined at hard labor at such place as the reviewing authority may direct for six months and to forfeit, thirty-three dollars per month for a like period. (One previous conviction considered.)

The sentence was adjudged on 28 November 1943.

The sentence is approved and will be duly executed. The Post Stockade, Fort Sill, Oklahoma, is designated as the place of confinement.

By order of Colonel DONOVAN:

C.V. TUCKER,
Capt, FA
Adjutant.

OFFICIAL:

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R E C O R D   O F   T R I A L

by

SPECIAL COURT-MARTIAL

Private John M. Rentland, 36126705, Service Battery, 359th FA Bn

 

Proceedings in the trial of Private John M. Rentland, 36126705, Service Battery, 359th Field Artillery Battalion, by the special court-martial appointed by the order of which a copy is appended, marked Prosecution Exhibit 1.

 

Fort Sill, Oklahoma
28 November 1943

The court met pursuant to the order appointing it at 1940, all the personnel of the court being present except as follows:

The accused and regularly appointed defense counsel were present.

The following members of the court were excused and and withdrew for the reason stated opposite their names:

There was no contest with respect to the excusing of any of the officers named except as follows:

Captain Woodman A. Franks was challenged for cause by the defense upon the ground that he could not impartially try the case having been the accuser at a former trial against the accused and having publicly stated that in his opinion the accused was not a substantial soldier. Captain Franks admitted those facts but stated that he could act impartially in the instant case. Thereupon, Captain Franks withdrew, the court closed and upon secrete written ballot voted to sustain the challenge.

The accused having been given full opportunity to exercise his rights as to challenge, the members of the court and the personnel of the prosecution were sworn.

The accused was then arraigned upon the Charge and Specification appended and marked Prosecution Exhibit 2.

The accused then pleaded as follows:

The trial judge advocate made no opening statement.

Private Charles Bozant, Service Battery, 359th Field Artillery Battalion, a witness for the prosecution was sworn and testified in substance as follows:

DIRECT EXAMINATION

I am a private in the Service Battery, 359th Field Artillery Battalion, Fort Sill, Oklahoma. I know the accused who is in the military service of the United States and member of my battery. On November 19, 1943, the accused and I were on guard duty together on the first relief.

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When the second relief took over at 9:30 p.m., the accused and I went to the post exchange for something to eat. I had $15 in my billfold. I spent about a dollar and a half at the post exchange and had $13 left in three $1 bills and one $10 bill and some small change. I always keep my bills in a wallet in my left hip pocket. The accused tried to borrow $5 from me, but I wouldn't let him have it. He then went back to the guardhouse and went to sleep. The Corporal of the Guard woke me about one o'clock in the morning. I found my wallet missing. They made a search, but the wallet was not found. The accused helped to make the search and had an electric lantern in his hand. On the following morning the $10 bill and three $1 bills were found in the electric lantern that the accused carried. The lantern was found under the accused's bed.

CROSS EXAMINATION

There were about six lanterns in the guardhouse, and when I reported my money missing, there were about 10 men present in the guardhouse.

QUESTIONS BY THE COURT

When I would up and could not find my billfold,I told the Sergeant of the Guard at once. The money that was found in the electric lantern was of the same denominations and looked like my money since the corner of the $10 bill was torn.

Private Payson T. Wright, Service Battery, 359th Field Artillery Battalion, a witness for the prosecution was sworn and testified in substance as follows:

DIRECT EXAMINATION

I am a private the in the Service Battery, 359th Field Artillery Battalion, Fort Sill, Oklahoma. The accused is also a member of that battery. On November19, 1943, about 9:00 P.M., Private Bozant showed me $15 which he had in his billfold. I was in the guardhouse on the night of November 19th, and sometime during the early part of the morning I was awakened by the accused who told me that someone had taken Bozant's money. The accused, using an electric lantern, joined us in searching for the money. The next morning a $10 bill and three $1 bills were found in the bottom of an electric lantern in the guardhouse.

CROSS EXAMINATION

When Bozant reported that his money was missing, the COrporal of the Guard searched everyone. The money was not found and I went back to sleep. Another search was made in the morning and everyone pulled off his shoes and stockings. After that the Officer of the Day searched the web belts, flashlights and lanterns, and finally found the money in the electric lantern.

First Lieutenant Donal B. Drexel, Headquarters Battery, 359th Field Artillery Battalion, a witness for the prosecution was sworn and testified in substance as follows:

DIRECT EXAMINATION

I know the accused who is in the military service of the United States. On November 19 and 20, 1943, I was Officer of the Day. At about 6:00 A.M. on November 20 I received a report that Private Bozant had lost $13. I then called into the main room of the guardhouse all members of the

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guard who were not then on post and had the Sergeant of the Guard search them. I picked up a lantern under the accused's bed in the guardhouse and looked in it. I took off the bottom piece of the lantern and found a $10 bill and three $1 bills folded between the battery and the wall of the lantern.

The witness then identified an electric lantern, a $10 bill and three $1 bills, shown to him by the prosecution, as being the lantern and the bills to which he had just testified.

The prosecution offered in evidence the electric lantern and requested that it might be withdrawn at the conclusion of the trial. The lantern was received in evidence and marked Prosecution Exhibit 3.

The prosecution then offered in evidence the $10 bill and the three $1 bills and requested that they might be withdrawn at the conclusion of the trial. The bills were received in evidence and marked Prosecution Exhibit 4.

The witness then continued his direct testimony:

I immediately took the accused to my office. Before questioning the accused I told him that anything he might say would be held against him and that he could remain silent if he chose to do so. The accused then made a statement as to taking the money. Staff Sergeant William E. Parks, who was present, took down the accused's statement in shorthand and typed it up. The accused read over the typewritten statement and then swore to it before Captain J.L. Cateby, the battalion summary court-martial officer.

The witness then identified a document, shown to him by the prosecution, as being the statement signed and sworn to by the accused.

The prosecution offered the document in evidence. The defense objected to the admission of the document on the ground that the confession was not voluntary. The objection was overruled, the document was received in evidence and marked Prosecution Exhibit 5.

The defense declined to cross-examine the witness.

The prosecution rested.

The defense stated that it had no witnesses to call or evidence to offer.

The accused, after being fully advised of his rights by the court, stated that he desired to remain silent.

The defense rested.

The prosecution announced that it had no further testimony to offer.

The defense had no further testimony to offer.

Oral arguments were then made by counsel for the defense and counsel for the prosecution.

Neither the prosecution nor the defense having anything further to offer, the court was closed, and upon secrete written ballot, two-thirds of the members present at the time the vote was taken concurring in each finding of guilty, finds the accused:

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Of the Specification and the Charge: Guilty.

The court was opened and the trial judge advocate, in the presence of the accused and his counsel, read the attached evidence of one previous conviction, Prosecution Exhibit 6.

The trial judge advocate read the data as to age, pay and service as shown on the charge sheet, Prosecution Exhibit 2.

The accused stated that he had no objection to offer concerning the data as to age, pay and service.

The court was closed and upon secret written ballot, two-thirds of the members present at the time the vote was taken concurring, sentences the accused to be confined at hard labor at such place as the reviewing authority may direct for six months and to forfeit thirty-three dollars per month for a like period.

The court was opened and the president announced the findings and sentence.

/s/ Fletcher S. Smith
FLETCHER S. SMITH
Major, FA
President

/s/ Harold C. Connor
HAROLD C. CONNOR
Captain, FA
Trial Judge Advocate

Examined by defense counsel
/s/ J.D., Jr.
Initials

--225--

 

HEADQUARTERS 359th FIELD ARTILLERY BATTALION

Fort Sill, Oklahoma

1 December 1943

In the foregoing case of Private John M. Rentland, 36126705, Service Battery, 359th Field Artillery Battalion, the sentence is approved and will be duly executed. The Post Stockade, Fort Sill, Oklahoma, is designated as the place of confinement.

/s/ Richard Donovan
RICHARD DONOVAN
Colonel, FA
Commanding

 

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HEADQUARTERS 359TH FIELD ARTILLERY BATTALION

Fort Sill, Okllahoma

Special Orders ) 4 Oct 1943
  :  
No.   277 )  

E X T R A C T *   *   *   *   *

32. A SCM is aptd to meet at Fort Sill, Okla, at 1930 on 6 Oct 1943,or as soon thereafter as practicable, for the trial of such persons as may properly be brought before it.

DETAIL FOR THE COURT

All unarraigned cases in the hand of the Trial JA of the SCM aptd by par 12, SO 214, this Hq, 2 August 1943, will be brought to trial before the court hereby aptd.

*   *   *   *   *

By order of Colonel DONOVAN:

C.V. TUCKER
Capt, FA
Adjutant

OFFICIAL:

PROSECUTION EXHIBIT 1

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(WRITE NOTHING ABOVE THIS LINE)

CHARGE SHEET

  Fort Sill, Okla.      , 20 November  , 1943
(Place)                       (Date)            

Name, etc. of accused Rentland, John M., 36126705, Private, Service Battery, 359th Field Artillery Battalion (Give last name, first name, and middle initial in that order followed by serial number, grade, company, regiment, arm or service, or by other appropriate description of accused. Alias names, etc., to follow in same manner)

Age 26 6/12 Pay $50.00 (Base pay plus pay for length of service) per month. Allotments to dependents, $None per month.

Government Insurance deduction, $1.36 per month.

Data as to service: No prior service. Inducted at Detroit, Mich., 13 March 1943, for the duration of the war and six months.       (As to each terminated enlistment, give including dates of service and organization in which serving at termination. As to current enlistment, give the initial date and the term thereof. Give similar data as to service not under enlistment.)

Data as to witnesses, etc.: Against the Accused: Give names, addresses, and note if for accused. List documentary evidence and note where each item thereof may be found)

For the Accused:
None.
Documentary Evidence and Exhibits:
Sworn statement of accused attached hereto.
1 electric hand lantern at office, Battalion Headquarters, 359th Field Artillery Battalion, Fort Sill, Okla.
1 $10 bill and 3 $1 bills in safe, Battalion Headquarters, 359th Field Artillery Battalion, Fort Sill, Okla.

Data as to restraint of accused: Confined 21 November 1943, Post Stockade, Fort Sill, Okla.

W.D., A.G.O. Form No. 115
9 July, 1943
(1) c16-27769-2    

PROSECUTION EXHIBIT 2

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CHARGE: Violation of the 93d Article of War.

Specification: In that Private John M. Rentland, Service Battery, 359th Field Artillery Battalion, did, at Fort Sill, Oklahoma, on or about November 20, 1943, feloniously take, steal and carry away about $13.00, lawful money of the United States, the property of Private Charles Bozant.

 

 

(Additional sheets, if necessary, for charges and specifications will be attached here. Ordinary 8 by 121/2-inch paper will be used for additional sheets).

(2)

(WRITE NOTHING BELOW THIS LINE)


 

--229--

 


(WRITE NOTHING ABOVE THIS LINE)

(Signature of accuser) /s/ Donald S. Drexel
DONALD S. DREXEL,
      1st Lt. 359th FA Bn      
(Grade, organization, arm, or service)

AFFIDAVIT

Before me, the undersigned, authorized by law to administer oaths in cases of this character, personally appeared the above-named accuser this   22d   day of   November    , 1943, and made oath that he is a person subject to military law and that he personally signed the foregoing charges and specifications, and further that he * has personal knowledge of matters set forth in specifications           ; and * has investigated the matters set forth in specifications and the charge      , and that the same are true in fact,to the best of his knowledge and belief.

(Signature) /s/ J.L. Cateby  
J.L. CATEBY
Capt. 359th FA Bn. Summary Court
(Official character, as summary court, notary public, etc.)

NOTES.-- At (*) strike out words not applicable.

If the accuser has personal knowledge of the facts stated in one or more specifications or parts thereof, and his knowledge as to other specifications is derived from investigation of the facts, the form of the oath will be varied accordingly. In no case will he be permitted to state alternatively, as to any particular charge or specification, that he either has personal knowledge or has investigated.

If the oath is administered by a civil officer having a seal, his official seal should be affixed.


 

1st IND.

Headquarters 359th FA Bn, Fort Sill, Okla., 24 November, 1943

Referred for trial to Captain Harold C. COmer, 359th FA Bn, Trial Judge Advocate of the special court-martial appointed by paragraph 32, Special Orders No. 277, Headquarters 359th FA Bn.   4 October, 1943

By order of Colonel DONOVAN:

/s/ C.V. Tucker, Adjutant.
C.V. TUCKER
Capt, FA

 

 

(3)

 

--230--

I have served a copy hereof on (each of) the above-named accused, this 25th day of November, 1943

(Signature) Harold C. Connor , Trial Judge Advocate.
HAROLD C. CONNOR,
Capt, 359th FA Bn.

(SPACE FOR USE WHERE TRIAL IS BY SUMMARY COURT)

CASE No.      

SPECIFICATIONS AND CHARGES PLEAS FINDINGS SENTENCE OR ACQUITTAL AND REMAKRS
 

 

 

 

 

 

 

 

 

     

Place                    , Date                    , 19        

                                        Summary Court.

Headquarters                    , 19        

                                                                                                                       
(Action of reviewing authority)

                                                           , Commanding.

Entered on service record in cases of conviction                                                            

 

(4)

(WRITE NOTHING BELOW THIS LINE)


 

 

--231--

 

 

One electric lantern introduced into evidence and withdrawn at the conclusion of the trial.

 

 

PROSECUTION EXHIBIT 3

 

 

--232--

 

 

One $10 bill and three $1 bills introduced into evidence and withdrawn at the conclusion of the trial.

 

 

PROSECUTION EXHIBIT 4

 

 

--233--

 

Fort Sill, Oklahoma

Personally appeared before me, the undersigned authority for administering oaths in cases of this character, Private John M Rentland, 36126705, Service Battery, 359th Field Artillery Battalion, Fort Sill, Oklahoma, who, having been warned of his rights and having been duly sworn according to law, deposes and says as follows:

On or about 19 November 1943, I was on guard at Fort Sill, Oklahoma. I was relieved from my duties as guard at 9:30 P.M., to resume again at 1:30 A.M., 20 November. Private Charles Bozant, Service Battery, 359th Field Artillery Battalion and myself went down to the PX to get a sandwich. We ate a ham and egg sandwich and drank a milkshake. We went back to the guardhouse and went to sleep. This was about 11:30 P.M. I was sleeping and awakened by a noise. I went to Private Bozant's bed. He was asleep. I took his billfold from his hop pocket, went outside, took $13 from the billfold. I threw the billfold into the bushes and went back to the guardhouse. I went to sleep and was awakened at 1:30 A.M. to go on guard. Before I went on guard I put the $13 in my lantern where it was found by Lieutenant Drexel the next morning.

Further the deponent sayeth not.

/s/ John M. Rentland
JOHN M. RENTLAND, 36126705
Pvt, Service Btry, 359th FA Bn

Sworn and subscribed to before me this 20th day of November 1943.

/s/ J.L. Cateby
J.L. CATEBY
Capt, 359th FA Bn
Summary Court

 

 

PROSECUTION EXHIBIT 5
 

 

--234--

 

EXTRACT COPY OF SERVICE RECORD
OF

Rentland         John M.   36126705   Pvt     Sv Btry, 359th FA Bn
(Last name)   (First name and       (ASN)       (Grade)           (Organization)
                  middle initial)

RECORD OF TRIALS BY COURTS-MARTIAL

Summary     CM 61st AW     3 June     1943 AWOL fr 6/3/43 to 6/6/43      

Sentence announced and adjudged     9 June     1943  

Sentence as approved           forf. $10          
Approved     10 June     1943    

I certify the above is correct.

/s/ John L. Hynes, 1st Lt, FA      
Name, grade and organization
Personnel Officer


      359th FA Bn                 Fort Sill, Okla.       23 November 1943      
(Designation of command)                 (Station)                       (Date)                

I certify that I am the official custodian of the Service Record of the above named soldier and that the foregoing is a true copy of entry therein relating to previous convictions.

/s/ John L. Hunes
(Signature)  
JOHN L. HYNES
(Name typed)
 
1st Lt, 359th FA Bn
(Grade and organization)
Personnel Officer.

PROSECUTION EXHIBIT 6

 

 

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