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Specification 11th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did in his official capacity of company commander, Company G, 27th Infantry, enter, or cause to be entered, on a statement of charges of ordnance stores pertaining to Company G, 27th Infantry, for the quarter ending September 30, 1902, one rifle of the stated value of twelve dollars and fifty-three cents, U. S. currency, more or less, and did cause the said amount to be charged against the pay of Private Henry C. Carey, deceased, late of Company G, 27th Infantry, alleging that the said rifle had been lost in the field during the Moro campaign,' and the said Captain Phillips did sign a certificate on the above described statement of charges, as follows: 'I certify on honor, that the above statement is correct in every particular; that the articles have been charged on the rolls as stated and that the statements made in the column of remarks are true, to the best of my knowledge and belief,' the said Captain Phillips well knowing that the said rifle had not been lost as alleged, and that the above described statement or certificate, so far as it pertained to the loss of the said rifle, was false and intended to deceive. This at Camp Vicars, Mindanao, P. I., on or about September 30, 1902." Specification 12th-"In that Captain John W. L. Phillips,

27th U. S. Infantry, did, in his official capacity of company commander, Company G, 27th Infantry, enter, or cause to be entered, on the muster and pay rolls of Company G, 27th Infantry, for the bimonthly period ending August 31, 1902, a charge of twelve dollars and fifty-three cents ($12.53), U. S. currency, more or less, for one rifle, against the pay of Private Henry C. Carey, Company G, 27th Infantry, and the said Captain Phillips did sign a certificate on the above described rolls to the effect that the entries opposite the name of each officer and soldier, on the said rolls, were correct and just, he, Captain Phillips, well knowing that the said rifle had not been lost, and that so far as it affected the charge

of one rifle against the pay of Private Carey, the certificate was false and intended to deceive. This at Camp Vicars, Mindanao, P. I., on or about August 31, 1902."

Specification 13th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of company commander, Company G, 27th Infantry, to the scandal and disgrace of the military service, enter, or cause to be entered, against the pay and the official records of Private Henry C. Carey, Company G, 27th Infantry, a charge of the value of one rifle, twelve dollars and fifty-three cents ($12.53), U. S. currency, more or less, which the said Private Carey was alleged to have lost while he was on field service as a member of an outpost, which was attacked at Camp Vicars, Mindanao, P. I., on or about the night of August 11, 1902; he, the said Captain Phillips, well knowing when he entered, or caused to be entered, the said charge, that the said Private Carey had received his death wound when the outpost was attacked, and that he, the said Private Carey, was so badly injured that his death occurred in about twenty minutes after the attack occurred, and he, the said Private Carey, was absolutely incapable, by reason of his wounds, of caring for his rifle or any other property then with him. This at Camp Vicars, Mindanao, P. I., on or about August 31, 1902, and on or about September 30, 1902." Specification 14th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did call to his, Captain Phillips', tent, 2d Lieutenant S. C. Loring, 27th Infantry, he, Lieutenant Loring, being at this time a subaltern officer of his, Captain Phillips', company, and did state to the said Lieutenant Loring, that about a week before, the company fund had been blown away in a cyclone,' and the said Captain Phillips requested the said Lieutenant Loring, in case he, the said Lieutenant Loring, was questioned by Inspector General Pettit, in reference to the company council books and funds, to state to Inspector General

Pettit that he, the said Lieutenant Loring, had seen the company fund money and the company council book and he, the said Lieutenant Loring, knew both the company fund and company council book to be correct before the said cyclone,' or words to that effect; the said Captain Phillips, at the time he made the said request of the said Lieutenant Loring, well knowing that the said Lieutenant Loring had no knowledge whatever as to the condition or status of the said funds or books, and that the said request made by the said Captain Phillips to the said Lieutenant Loring was an attempt by the said Captain Phillips to knowingly obtain from the said Lieutenant Loring a false statement. This at Camp Vicars, Mindanao, P. I., on or about July 31, 1902."

Specification 15th-“In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of company commander, Company G, 27th Infantry, receive from Privates William A. Hopkinson and Thomas F. LaHaise, both of Company G, 27th Infantry, who were in charge and kept all accounts of the laundry operated by Company G, 27th Infantry, various sums of money, amounting to five hundred and ninety-three dollars ($593.00), U. S. currency, more or less, and the said Captain Phillips did fail and neglect to properly account for and did misappropriate and wrongfully and wilfully apply to his own use and benefit a large portion of the said funds, said misappropriation amounting to three hundred and eighty-nine dollars and eighty-four cents, U. S. currency, more or less. This at Camp Vicars, Mindanao, P. I., from on or about August 1, 1902, until on or about January 18, 1903."

Specification 16th—“In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of commanding officer, Company G, 27th Infantry, receive from the commissary, Camp Vicars, Mindanao, P. I., 1st Lieutenant F. B. Hawkins, 27th Infantry, the savings on rations of Company G, 27th Infantry, for the month of June, 1902, amounting to fifty-one

dollars and ten cents ($51.10), U. S. currency, more or less, and the said Captain Phillips did fail and neglect to properly account for the said savings or any portion of same, but did wrongfully and wilfully keep the said amount of money and did apply same to his own use and benefit. This at Camp Vicars, Mindanao, P. I., on or about June 30, 1902." Specification 17th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of commanding officer, Company G, 27th Infantry, enter, or cause to be entered, on line eight, page numbered 26, of the company council book, Company G, 27th Infantry, October 30, 1902, Commissary savings, $72.10,' which entry was intended to show the entire savings of rations and commutation of fresh vegetables of Company G, 27th Infantry, for the month of October, 1902, when in fact the entire savings and commutation of fresh vegetables for the said month amounted to eighty-four dollars and sixty-six cents ($84.66), U. S. currency, more or less, and the said Captain Phillips did wrongfully and wilfully keep and apply to his own use and benefit twelve dollars and fifty-six cents ($12.56), U. S. currency, more or less, of the said amount. This at Camp Vicars, Mindanao, P. I., on or about October 31, 1902."

Specification 18th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of commanding officer, Company G, 27th Infantry, receive from the commissary, Camp Vicars, Mindanao, P. I., 2d Lieutenant Thomas W. Brown, 27th Infantry, the savings on rations of Company G, 27th Infantry, for the month of January, 1903, amounting to thirty-two dollars and sixteen cents, U. S. currency, more or less, and the said Captain Phillips did fail and neglect to properly account for the said amount of money or any portion of same, but did wrongfully and wilfully keep the said amount of money and did apply same to his own use and benefit. This at Camp Vicars, Mindanao, P. I., on or about January 31, 1903."

Specification 19th-" In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of commanding officer, Company G, 27th Infantry, falsify a record in the company council book, Company G, 27th Infantry, by entering, or causing to be entered, on line seventeen, page numbered twentyfive, of the said council book, under date of September 30, 1902, 'Commissary bill, May, Lt. Peck, $74.67,' which entry purported to show a payment for supplies purchased for Company G, 27th Infantry, and also a credit to Captain Phillips for money alleged to have been paid out by the said Captain Phillips in behalf of his company, the said Captain Phillips well knowing that the said amount had not been paid by him, and that the said entry was false and intended to deceive. This at Camp Vicars, Mindanao, P. I., on or about September 30, 1902." Specification 20th-" In that Captain John W. L. Phillips,

27th U. S. Infantry, did, in his official capacity of company commander, Company G, 27th Infantry, receive a certain sum of money accruing from the company exchange and pool table at Plattsburg Barracks, N. Y., from June 15, 1901, until January 20, 1902, the gross proceeds accruing from the said sources between the said dates being nine hundred and twelve dollars and eleven cents ($912.11), U. S. currency, more or less, the expenditures on account of the said exchange and pool table for the said period, amounting to five hundred and thirty-five dollars and fifty-three cents ($535.53), U. S. currency, more or less, and the said Captain Phillips did fail and neglect to properly account for the net proceeds accruing from the said exchange and pool table for the said period, amounting to three hundred and seventy-six dollars and fifty-eight cents ($376.58), U. S. currency, more or less. This at Plattsburg Barracks, N. Y., between June 15, 1901, and January 20, 1902."

Specification 21st-“In that Captain John W. L. Phillips, 27th U. S. Infantry, being absent from his station

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