and Company, G, 27th Infantry, between June 23, 1902, and June 29, 1902, inclusive, did upon returning to said company, sign the morning report of said company for the same period, as being present, said act being false and intended to deceive. This at Camp Vicars, Mindanao, P. I., on or about June 30, 1902."

Specification 22d-“In that Captain John W. L. Phillips, 27th U. S. Infantry, being absent from his station and company, G, 27th Infantry, between July 17, 1902, and July 22, 1902, inclusive, did, upon returning to said company, sign the morning report of said company, for the same period, as being present, said act being false and intended to deceive. This at Camp Vicars, Mindanao, P. I., on or about July 23,

1902."

Specification 23d-"In that Captain John W. L. Phillips, 27th U. S. Infantry, being absent from his station and company, G, 27th Infantry, between July 17, 1902, and July 22, 1902, inclusive, did, upon returning to said company, sign the sick report of said company for the said period, as being present, said act being false and intended to deceive. This at Camp Vicars, Mindanao. P. I., on or about July 23, 1902." Specification 24th—“In that Captain John W. L. Phillips, 27th U. S. Infantry, commanding Company G, 27th Infantry, did, on or about June 22, 1902, at Camp Vicars, Mindanao, P. I., just prior to his leaving said company, on June 23, 1902, order 2d Lieutenant S. C. Loring, 27th Infantry, a subaltern of his, Captain Phillips', company, who would succeed to the command of the said company during the absence of the said Captain Phillips, in effect as follows: I don't want you to sign the morning report while I am away, I will be back in a few days and will sign it myself,' or words to that effect, said order of the said Captain Phillips being intended by the said Captain Phillips to prevent the said Lieutenant Loring from properly performing an official duty."

Specification 25th-“In that Captain John W. L. Phillips, 27th U. S. Infantry, commanding Company G, 27th Infantry, did, on or about July 16, 1902, at Camp Vicars, Mindanao, P. I., just prior to his leaving said company, on July 17, 1902, order 2d Lieutenant S. C. Loring, 27th Infantry, a subaltern of his, Captain Phillips', company, who would succeed to the command of the said company during the absence of the said Captain Phillips, in effect as follows: 'Don't sign the morning report while I am away,' or words to that effect, said order of the said Captain Phillips being intended by the said Captain Phillips to prevent the said Lieutenant Loring from properly performing an official duty."

Specification 26th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, to the scandal and disgrace of the military service, sell or dispose of one Winchester rifle, number 31244, caliber 30, U. S. model 1895, for value received, to three separate and distinct persons, to wit: Sergeant Charles R. Burbank, Company G, 27th Infantry, Datto Pedro, a Moro chief of the Lake Lanao, Mindanao district, P. I., and Mr. Frank P. Helm, a resident of Parang, Mindanao, P. I., and the said Captain Phillips did accept money or other valuable consideration from each and every one of the above three described persons, in consideration of the sale of the said rifle by the said Captain Phillips to the said three persons. This at Camp Vicars, Mindanao, P. I., between August 1, 1902, and February 23, 1903."

Specification 27th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did request 1st Lieutenant H. S. Wagner, 14th Infantry, to make a purchase of a lot of swagger sticks for the said Captain Phillips, and after the said Lieutenant Wagner had purchased the said swagger sticks for the said Captain Phillips, the cost price of the said swagger sticks being twelve dollars ($12.00), U. S. currency, more or less, the said Captain Phillips did fail and neglect to reimburse the said Lieutenant Wagner for the

amount expended by him in behalf and for the benefit of the said Captain Phillips, though the attention of the said Captain Phillips was called to the said unpaid debt by the said Lieutenant Wagner on two or more occasions. This at Zamboanga, Mindanao, P. I., on or about June 30, 1902."

Specification 28th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did authorize the American Commercial Company, Manila, P. I., to make a draft on him for the amount of account due the said company by the said Captain Phillips, amounting with interest to two hundred dollars and sixty cents ($200.60), U. S. currency, more or less, through the First National Bank, Plattsburg, New York, and the said company did make the said draft as authorized and requested by the said Captain Phillips, but did fail to receive pay for the said draft or for any portion of same, the draft being returned by the said bank to the said company unpaid, there being no funds in the said bank belonging to the said Captain Phillips to meet the said draft, and the said bank being unable to locate the said Captain Phillips. This at Manila, P. I., on or about September 8, 1903."

Specification 29th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did on or about January 18, 1903, in his official capacity of commanding officer, Company G, 27th Infantry, receive in trust from Captain S. Howell, paymaster, U. S. Army, the pay of Private Charles H. Spiegel, Company G, 27th Infantry, for the months of November and December, 1902, amounting to six dollars and forty-nine cents, U. S. currency, more or less, and the said Captain Phillips did fail to turn over to the said Private Spiegel the said amount of money, or any portion of same, though he had been asked for the said pay by the said Private Spiegel on two or more occasions, until the said Captain Phillips was directed to turn over the said pay by the commanding officer, Fort Sheridan, Illinois, on or about March 10, 1904.

This at Camp Vicars, Mindanao, P. I., on or about

January 18, 1903."

Specification 30th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did on or about July 14, 1902, in his official capacity of commanding officer, Company G, 27th Infantry, receive in trust from Captain Robert S. Smith, paymaster, U. S. Army, the pay of Private Cecil B. Looman, Company G, 27th Infantry, for the period from December 9, 1901, to June 30, 1902, amounting to eighty-six dollars and sixty-nine cents ($86.69), U. S. currency, more or less, and the said Captain Phillips did fail to turn over to the said Private Looman the full amount of said pay, but did turn over to the said Private Looman but eighty dollars ($80.00) of the amount he, the said Captain Phillips, had received from the said Captain Smith, in trust for the said Private Looman, and the said Captain Phillips did unlawfully and wilfully convert six dollars and sixty-nine cents of the said pay to his own use and benefit. This at Camp Vicars, Mindanao, P. I., on or about July 14, 1902."

Specification 31st-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, on or about January 15, 1902, at Plattsburg, N. Y., in his official capacity of commanding officer, Company G, 27th Infantry, receive in trust from Major George R. Smith, paymaster, U. S. Army, the pay of Private Emil Fenzel, Company G, 27th Infantry, for the months of November and December, 1901, amounting to thirteen dollars and thirty-seven cents, U. S. currency, more or less, and the said Captain Phillips did fail and neglect to turn over to the said Private Fenzel the said pay or any portion of same, though the said Captain Phillips had been asked for the said pay by the said Private Fénzel on one or more occasions, and the said Captain Phillips did unlawfully and wilfully convert said thirteen dollars and thirty-seven cents to his own use and benefit."

Specification 32d—“In that Captain John W. L. Phillips, 27th U. S. Infantry, did, on or about May 25, 1902, at

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Camp Vicars, Mindanao, P. I., in his official capacity of commanding officer, Company G, 27th Infantry, receive in trust from Major Robert S. Smith, paymaster, U. S. Army, the pay of Private Claude Damon, Company G, 27th Infantry, for the months of March and April, 1902, amounting to ten dollars and ninety-five cents, ($10.95), U. S. currency, more or less, and the said Captain Phillips did fail and neglect to turn over to the said Private Damon the said pay or any portion of the same, and the said Captain Phillips did unlawfully and wilfully convert the said ten dollars and ninety-five cents to his own use and benefit." Specification 33d-“In that Captain John W. L. Phillips, 27th U. S. Infantry, did, at Manila, P. I., on or about April 22, 1903, make and deliver to Captain George P. Ahern, 9th U. S. Infantry, a certain writing purporting to be his, Captain John W. L. Phillips', check on the First National Bank, Plattsburg, New York, for the sum of two hundred dollars ($200.00), dated April 22, 1903, and made payable to said Captain Ahern, and did, by means of such writing, fraudulently, knowingly, and designedly, obtain from the said Captain Ahern the sum of two hundred dollars, with the intent then and there to defraud the said Captain Ahern, then and there well knowing that he had not the funds in the First National Bank of Plattsburg, New York, for the payment of said check, and that it was worthless when issued. This to the scandal and disgrace of the military service of the United States."

Specification 34th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, at Camp Vicars, Mindanao, P. I., on or about December 4, 1902, make and deliver to 2d Lieutenant Thomas W. Brown, 27th Infantry, a certain writing purporting to be his, Captain Phillips', check on the First National Bank of Plattsburg, New York, for the sum of one hundred dollars ($100.00), dated December 4, 1902, and made payable to the said 2d Lieutenant Thomas W. Brown, and