General Orders

Captain Phillips did wrongfully and wilfully keep the said amount of money, and did apply the same to his own use and benefit. This at Camp Vicars, Mindanao, P. I., on or about January 20, 1903." 2D ADDITIONAL CHARGE II.-" Embezzlement, in violation of the 62d Article of War.

Specification. "In that Captain John W. L. Phillips, 27th U. S. Infantry, having received in trust for safe keeping until next pay day from Sergeant Charles R. Burbank, Company G, 27th Infantry, the sum of one hundred dollars, more or less, did fail to turn over the said amount of money to the said Sergeant Burbank, although the said Sergeant Burbank made several demands after the said pay day upon the said Captain Phillips for the return of the said money, but did fraudulently and feloniously embezzle, steal and convert to his own use the same. This at Camp Vicars, Mindanao, P. I., on or about January 20, 1903."

To which charges and specifications the accused pleaded as follows:

Charge I.

'Guilty."
"Not guilty."

To the 1st Specification, To the 2d Specification, To the 3d Specification, “Guilty, with the exception of the words 'he, the said Captain John W. L. Phillips, well knowing at the time he made such assignment that the second account and claim was false and fraudulent,' and of the excepted words not guilty.”

To the 4th Specification, Guilty, with the exception of the word 'falsely,' and of the excepted word not guilty." To the 5th Specification, "Guilty, with the exception of the word 'falsely,' and of the excepted word not guilty.” To the 6th Specification, "Guilty, with the exception of

the word 'falsely,' and of the excepted word not guilty." To the CHARGE, duct to the prejudice of good order and military discipline, in violation of the 62d Article of War."

"Not guilty, but guilty of con

dollars and ninety-four cents ($183.94), U. S. currency, more or less, and the said Captain Phillips having received the said goods and applied the same to his own use and benefit, the said Captain Phillips did fail and neglect to pay for the said goods though the said American Commercial Company have repeatedly requested the said Captain Phillips to settle the said account. This at Manila, P. I., on or about

March 26, 1902." Specification 3d-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did purchase and receive from the Cottabato Trading Company, Cottabato, Mindanao, P. I., a certain lot of liquors, cigars, and other goods, of the aggregate value of two hundred and sixteen dollars and thirteen cents ($216.13) U. S. currency, more or less, and the said Captain Phillips having received the said goods and applied same to his own use and benefit, the said Captain Phillips has failed and neglected to pay for the said goods or for any portion of said goods though the Cotabato Trading Company have repeatedly requested the said Captain Phillips to settle the said account. This at Cottabato, Mindanao, P. I., on or about December 22. 1902."

Specification 4th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did purchase and receive from Acisclo Gimenez, Parang, Parang, Mindanao, P. I., a certain lot of liquors, cigars and other goods, of the aggregate value of one hundred and seven dollars and seventy cents ($107.70), U. S. currency, more or less, and the said Captain Phillips having received the said goods and applied the same to his own use and benefit, the said Captain Phillips has failed and neglected to pay for the said goods or for any portion of said goods, though the said Acisclo Gimenez has repeatedly requested the said Captain Phillips to settle the said account. This at Parang, Parang, Mindanao, P. I., on or about October 13, 1902."

1ST ADDITIONAL CHARGE V.-" Neglect of duty, in violation of the 62d Article of War."

Specification 1st-" In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of commanding officer, Company G, 27th Infantry, neglect to comply with the requirements of paragraph 319, Army Regulations, (1901), requiring that a company council be convened the last day of each quarter. This at Plattsburg Barracks, N. Y., June 30, 1901."

Specification 2d—“In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of commanding officer, Company G, 27th Infantry, neglect to comply with the requirements of paragraph 319, Army Regulations, (1901), requiring that a company council be convened the last day of each quarter. This at Plattsburg Barracks, N. Y., September 30, 1901."

Specification 3d-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of company commander, Company G, 27th Infantry, neglect to comply with the requirements of paragraph 319, Army Regulations, (1901), requiring that a company council be convened the last day of each quarter. This at Plattsburg Barracks, N. Y., December 31, 1901."

Specification 4th-“In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of company commander, Company G, 27th Infantry, neglect to comply with the requirements of paragraph 319, Army Regulations, (1901), requiring that a company council be convened the last day of each quarter. This at or near Malabang, Mindanao, P. I., March 31, 1902."

Specification 5th-“In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of company commander, Company G, 27th Infantry, neglect to comply with the requirements of paragraph 319, Army Regulations, (1901), requiring that a company council be convened the last day of each

quarter. This at Camp Vicars, Mindanao, P. I., June 30, 1902."

Specification 6th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of company commander, Company G, 27th Infantry, neglect to comply with the requirements of paragraph 319, Army Regulations, (1901), requiring that a company council be convened the last day of each quarter. This at Camp Vicars, Mindanao, P. I., September 30, 1902."

Specification 7th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, in his official capacity of company commander, Company G, 27th Infantry, neglect to comply with the requirements of paragraph 319, Army Regulations (1901), requiring that a company council be convened the last day of each quarter. This at Camp Vicars, Mindanao, P. I., December 31, 1902."

Specification 8th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, as commanding officer, Company G, 27th Infantry, turn over the company council book, Company G, 27th Infantry, to his successor, 1st Lieutenant William B. Gracie, 27th Infantry, in a torn and mutilated condition, the first twenty pages being torn therefrom. This at Camp Vicars, Mindanao, P. I., on or about February 22, 1903."

2D ADDITIONAL CHARGE I.-" Conduct unbecoming an officer and a gentleman, in violation of the 61st Article of War." Specification. "In that Captain John W. L. Phillips,

27th U. S. Infantry, having received in trust until next pay day from Sergeant Charles R. Burbank, Company G, 27th Infantry, a soldier of his, Captain Phillips', company, the sum of one hundred dollars ($100.00), U. S. currency, more or less, the said Captain Phillips did fail and neglect to return to the said Sergeant Burbank, the said amount of money, or any portion of same, though the said Captain Phillips had been asked by the said Sergeant Burbank, for the money in question, and the said

Specification.-"In that Captain John W. L. Phillips, 27th U. S. Infantry, having received in trust for safe keeping until next pay day from Sergeant Charles R. Burbank, Company G, 27th Infantry, the sum of one hundred dollars, more or less, did fail to turn over the said amount of money to the said Sergeant Burbank, although the said Sergeant Burbank made several demands after the said pay day upon the said Captain Phillips for the return of the said money, but did fraudulently and feloniously embezzle, steal and convert to his own use the same. This at Camp Vicars, Mindanao, P. I., on or about January 20, 1903."

To which charges and specifications the accused pleaded as follows:

To the 1st Specification,

To the 2d Specification,

Charge I.

"Guilty."
"Not guilty."

To the 3d Specification, 'Guilty, with the exception of the words 'he, the said Captain John W. L. Phillips, well knowing at the time he made such assignment that the second account and claim was false and fraudulent,' and of the excepted words not guilty."

To the 4th Specification, 'Guilty, with the exception of the word 'falsely,' and of the excepted word not guilty." To the 5th Specification, 'Guilty, with the exception of the word 'falsely,' and of the excepted word not guilty." To the 6th Specification, "Guilty, with the exception of

the word 'falsely,' and of the excepted word not guilty." To the CHARGE, "Not guilty, but guilty of conduct to the prejudice of good order and military discipline, in violation of the 62d Article of War."

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