Court Martial of Joseph William Mayersbeth - Page 30

  20
 
E
Finding.*

(10) The Court is closed for the consideration of the finding.

(10 and 11) The Court find that the accused

1. Guilty
2. Not Guilty
3. Not Guilty 		2/Lt.J.W.Mayersbeth 48th Battalion A.I.F
is guilty of the first charge and not guilty of
the second and third charges.
 
 
PROCEEDINGS ON CONVICTION before Sentence.

(12) The Court being re-opened, the accused is again brought
before it

Evidence of
character, &c. 		Major H.K.Denham, the prosecutor
Captain H.W.Bush. 48th Bn. A.I.F. is duly sworn.
Question by the
president.

Have you any evidence to produce as to the character and particulars
of service of the accused? Answer by the Witness. Yes

The above statement [with the schedule of convictions and of cases
in which trial has been dispensed with] is read, marked C signed by
the president, and annexed to the proceedings.

Question by the
president.

Is the accused the peson named in the statement which you have
heard read? Answer by the Witness. Yes

Question.

Have you compared the contents of the above statement with the
regimental books? Answer. Yes

Question.

Are they true extracts from the regimental books, and is the
statement of entries in the conduct sheets a fair and true summary
of those entries? Answer. Yes

Not Cross-examined by the Accused.
[Instruction - If by reason of
the nature of the service of the
accused in a departmental corps,
or otherwise, the finding of the
court renders him liable to any
exceptional punishment in ad-
dition to that to be awarded by
the court (for instance, forfeiture
or reduction of corps pay), the
prosecutor must call the attention
of the court to the fact, and the
court must inquire into the
nature and the amount of such
additional punishment.] 		 
Question to the accused. 9. Do you wish to address the Court? Answer. 9. No.

The Court is closed for the consideration of the sentence.

* To be omitted, except in cases of a plea of Not Guilty having been proceeded with.

(5)
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