From Here to Eternity_ The Restored Edit - Jones, James [239]
After waiting the six weeks that it required to carry out the manifold paper work necessary for the protection of the accused, Angelo Maggio was conducted under guard to the Regimental Headquarters Building for trial. There was a court of three officers, one of whom had studied law and was the legal member. His defense counsel was there and introduced himself to Angelo Maggio. The Department Provost Marshal who was a full Colonel was not there but his representative, a Major, was present to prosecute. There were three witnesses, Sgt (formerly Corp) John C Archer and Pvt 1cl Thomas D James, patrolmen of the Fort Shafter MP Company, and Pvt 1cl George B Stuart, records Clerk of the Fort Shafter MP Company.
Before trial, Angelo Maggio was advised by the court that, in addition to the rights that he would have been assured before a civilian court, he also had the following safeguards:
a. Before trial he had the right to give evidence and to face and cross-examine witnesses in order to show that he was innocent or to minimize his guilt.
b. The type of trial was chosen which would give him the least, not the greatest, punishment consistent with military discipline.
c. That he had been given, at no expense to himself, a defense counsel.
d. At the trial he had the right to make an unsworn statement without subjecting himself to cross-examination.
e. His previous convictions were not allowed to be considered in determining his guilt.
f. He would be given a typewritten record of the trial.
g. He would be given an automatic appeal from the court-martial to the reviewing authority, before the sentence was effective.
h. Three months after confinement to a disciplinary barracks or stockade, his case would be reviewed for clemency by the reviewing authority.
i. At any time during his confinement he could, by showing proper conduct, attitude and ability, be restored to duty as a soldier and become entitled to the advantages and privileges accruing thereto.
The president of the court then advised Angelo Maggio of his right to testify on his own behalf, stating that his failure to do so would not be used against him. He also advised him that if he desired he could make an unsworn statement and not be subjected to cross-examination.
Angelo Maggio said he understood his rights, and he declined to testify.
The witnesses against Angelo Maggio were then called by the prosecution, and the trial began. It lasted fourteen minutes. Angelo Maggio was found guilty on all charges and sentenced to six months confinement at the Post Stockade, Schofield Barracks, T.H. and forfeiture of all pay and allowances for a like period.
Before pronouncing sentence, the president of the court informed Angelo Maggio that because an Army without discipline is a mob, worthless in battle, the rules governing the administration of justice in the Army are contained in the Articles of War, and that they are enacted by Congress, and are based on authority written in the Constitution, and basically they are older than the Constitution itself, that the first Articles of War were prepared by a committee headed by George Washington and were adopted by the Continental Congress in 1775, three days before Washington took command of the Continental Army, and that they have been amended from time to time by Congress to meet changing needs and changing conditions and form a legal code made by civilian authority for the government of the Army. Also that the Articles of War, themselves, provide that soldiers must be given every opportunity to be familiar with the ground rules governing their conduct, and that within six days after a man joins the Army the Articles of War must