Appendix 13.
Deposition of Civilian Witness

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1. This form to be used where deposition is taken on written interrogatories. It should be modified in case it is to be be used for oral depositions so as to conform to the provisions of the Manual for Courts-Martial, 1928 (par. 98, for such cases.     2. Strike out words not used.		UNITED STATES vs.2 In the Matter of Pvt John T. Derrick, 35406324, Company A, 113th Infantry | | } | | INTERROGATORIES AND DEPOSITION1
3. General (or special or summary) court-martial or military commission,or court of inquiry, or military board.		Deposition of Lucy Jones Derrick stationed or residing at 280 East Third St, Newark, N.J. to be read in evidence before a 3 general court-martial United States Army, appointed to meet at Fort Wilson, Columbus, Ohio by paragraph 17, Special Orders, No. 282, Headquarters 50th Infantry Division, 9 October, 1943
4. Insert name or title of person who is requested to cause the deposition to be taken.     5. To be subscribed by the trial judge advocate or other proper person with his name, grade, organization, and official title, as "judge advocate," "summary court," "recorder," etc.		Fort Wilson, Ohio, 10 Dec, 1943 To Second Service Command, Governors Island, N.Y. I request you cause to be taken on the following interrogatories the deposition of the above-named witness. /s/ Daniel C. O'Brien Daniel C. O'Brien Capt, 103d FA Bn, Trial JA
6. If it is desired to give special instructions, there should be added "special instructions attached."		HEADQUARTERS, Second Service Command, 12 Dec 1943 To Major Peter M. Milweed, Hqs Second Service Command who will take or cause to be taken the deposition above requested.4 By command of Major General GLASS Milton E. Weiss, Adjutant General Milton E. Weiss, Col, ASD
7. If the spaces for answers are not sufficient, extra sheets may be inserted by the officer taking the deposition. In such case, he will rewrite the interrogatories, writing the answers immediately below the respective interrogatories.		First interrogatory: Are you in the military service of the United States? If so, what is your full name, grade, organization, and station? If not, what is your full name, occupation, and residence? Answer:7 My name is Lucy Jones. I live at 280 East Third St., Newark, N.J. I work as a waitress at the Bluebird Restaurant on Clendenny Ave. Second interrogatory: Do you know the accused?> If so, how long have you known him? Answer: I have known the accused for three years. Third interrogatory: What is your relationship to the accused? Answer: I am his wife. Fourth interrogatory: When were you married? Answer: About a year ago. Fifth interrogatory: Does your husband support you? Answer: He frequently sends me money or brings me money. Sixth interrogatory: During the period between September 1, 1943, and November 15, 1943, did you see the accused? If so, when? Answer: Yes, from the middle of September to the end of November.
		W.D., A.G.O. Form No. 118 Mar. 19, 1925   3-8300

		Seventh interrogatory: Did you write to the accused asking him to come to you because you were sick at that time? Answer: I wrote to my husband at Fort Wilson and told him I was sick in bed so that a neighbor had to come in and take care of me. I have no relatives nor could I employ a nurse, so I asked my husband to come to me. Eighth interrogatory: Did the accused come after you wrote to him? Answer: Yes, he came about the middle of September and told me that he was just taking a few days off and would have to go back soon, but since I did not get any better he stayed down to take care of me. Ninth interrogatory: How long did he remain with you? Answer: Until I got well about the middle of November and was able to go back to work. Tenth interrogatory: Did your husband during that time make a statement to you about returning to Fort Wilson? Answer: Yes, every couple of days he told me it was about time he got back. About November 24 or 25 he told me one evening that he would have to go back to camp the next day, and he made arrangements that same night to go back. Eleventh interrogatory: Did your husband leave you to return to Fort Wilson? Answer: Yes, the next morning he left to catch the train to Ohio, but I did not hear anything from him until he wrote to me from the guardhouse at Fort Wilson.
8. In case no cross-interrogatories are propounded this fact will be recorded and authenticated by the signature of defense counsel when the deposition is taken by the prosecution, and by the trial judge advocate when the deposition is taken by the defense in court-martial cases.		First cross-interrogatory:8 Did you have a doctor examine you when you were ill? Answer: No, my neighbor and my husband were able to take care of me and I thought it was a silly expense to have the doctor come in. Second cross-interrogatory: When were you able to work after your illness? Answer: I was completely well about the middle of November and intended to start work about that time but felt that I should have a little rest after my illness to recuperate, so my husband stayed on. Third cross-interrogatory: Did you or your husband have any money during this period? Answer: Yes, my husband had quite a bit of money when he came down to help but used it all up while I was sick. Fourth cross-interrogatory: Did your husband remain in uniform during this period? Answer: Yes, he had no other clothes.
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9. Insert "court," "commission," or "board" as the case may be.		First interrogatory by the ____________________9   Answer:
		(Witness sign here) Lucy Jones Derrick Lucy Jones Derrick I CERTIFY that the above deposition was duly taken by me, and that the above-named witness, having been first duly sworn by me, gave the foregoing answers to the several interrogatories, and that he prescribed the foregoing deposition in my presence at Newark, N.J., this 13th day of December, 1943 (Name) Peter M. Milweed Peter M. Milweed   Maj, Hqs Second Service Command (Grade and Organization)                                 Summary Court                       (Official character, as summary court, notary public, etc.)

 

INSTRUCTIONS

1. Preparation of interrogatories and taking of depositions.--See paragraph 98, Manual for Courts-Martial, 1928.

2. Suggestions for person taking deposition.--Before a witness gives his answers to the interrogatories they should be read and,if necessary, explained to him, or he should be permitted to read them over in order that his answers may be clear, full, and to the point. The person taking the deposition should not advise the witness how he should answer, but he should endeavor to see that the witness understands the questions and what is desired to be brought out by them, and that his answers are clear, full, and to the point.

If a military officer takes a deposition, he will ordinarily complete and certify the voucher. When a deposition is taken by a civil officer, he should, of so requested, obtain and furnish with return of the deposition the data necessary for the completion of the witness voucher. (Par. 98e, M.C.M., 1928.)

3. Fees and allowances for witnesses.--Witnesses, other than persons subject to military law, who are required to appear before a court-martial, court of inquiry, military commission, or retiring board, or before an officer (civil or military) empowered to take depositions, and there to give testimony under oath to be used before a court, are entitled to receive fees and allowances as fixed by law. (See AR 35-4120.)

4. Tender of fees.--When ordered by proper authority, the fees of the witness and his mileage at the rates allowed, including fees for one day's actual attendance and mileage for the journey to and from the place where the witness is to appear under the subpoena, will be tendered or paid in advance by the proper finance officer. In order to maintain a prosecution under the 23d Article of War for neglect or refusal to appear, a person must not only be duly subpoenaed but he must be paid or tendered fees as indicated (See par. 97, M.C.M., 1928.)

5. Depositions--Before whom taken.--Depositions to be read in evidence before military courts, commissions, courts of inquiry, or military boards, or for other use in military administration, may be taken before and authenticated by any officer, military or civil, authorized by the laws of the United States or by the laws of the place where the deposition is taken to administer oaths. (A.W. 26.)

6. Authority to administer oaths.--Any judge advocate or acting judge advocate, the president of a general or special court-martial, any summary court-martial, the trial judge advocate or any assistant trial judge advocate of a general or special court-martial, the president or the recorder of a court of inquiry or of a military board, any officer designated to take a deposition, any officer detailed to conduct an investigation, and the adjutant of any command shall have power to administer oaths for the purpose of the administration of military justice and for other purposes of military administration; and in foreign places where the Army may be serving shall have the general powers of a notary public or of a consul of the United States in the administration of oaths, the execution and acknowledgment of legal instruments, the attestation of documents, and all other forms of notarial acts to be executed by persons subject to military law. (A.W. 114.)

7. Administration of oaths.--In all cases in which,under the laws of the United States, oaths are authorized or required to be administered, they may be administered by notaries public duly appointed in any State, District, or Territory of the United States, by clerks and prothonotaries of courts of record of any such State, District, or Territory, by the deputies of such clerks and protonotaries, and by all magistrates authorized by the laws of or pertaining to any such State, District, or Territory to administer oaths.--Act July 3, 1926 (44 Stat. Part 2, 830; U.S. Code Annotated. Sec. 92a).

 

 

 

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U.S. GOVERNMENT PRINTING OFFICE	(Leave space for binding)	3-5300

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