No. 95.

WASHINGTON, June 17, 1905.

I-- Before a general court-martial which convened at Fort Niobrara, Nebraska, pursuant to Special Orders, No. 5, January 9, 1905; No. 10, January 16, 1905, and No. 11, January 17, 1905, Department of the Missouri, and of which Colonel JACOB A. AUGUR, 10th Cavalry, was president, and 1st Lieutenant BEVERLY A. READ, 6th Cavalry, judge advocate, was arraigned and tried

Captain George W. Kirkman, 25th Infantry.

CHARGE I Conduct unbecoming an officer and a gentleman, in violation of the 61st Article of War."

(Thirty-one specifications.)

CHARGE II.-"Conduct to the prejudice of good order and military discipline, in violation of the 62d Article of War." (Seven specifications.)

To which charges and specifications the accused pleaded as follows:

Charge I.

To each specification, from the 1st to the 31st, inclusive, "Not guilty."

To the CHARGE, "Not guilty."

Charge II.

To each specification, from the 1st to the 7th, inclusive, "Not guilty."

To the CHARGE, "Not guilty."

FINDINGS.

Charge I.

Of the 1st Specification,

Of the 24 Specification,

Of the 3d Specification,

"Guilty."
"Not Guilty."

"Guilty, except the words 'in the uniform of an officer of the United States Army,' and of the excepted words not guilty."

Of the 4th Specification, "Guilty, except the words 'clad in the uniform of an officer of the United States Army,' and of the excepted words not guilty."

Of the 5th Specification. "Guilty, except the words 'clad in the uniform of an officer of the United Army' and 'in night dress and,' and of the excepted words not guilty.” Of the 6th Specification, "Guilty."

Of the 7th Specification, "Guilty, except the words 'and particularly on the 10th, 11th, 17th, and 22d days of August, 1904,' substituting therefor the words 'between August 8th, 1904, and September 1st, 1904;' of the excepted words not guilty, of the substituted words guilty." Of the 8th Specification, "Guilty."

Of the 9th Specification, "Guilty."
Of the 10th Specification, "Guilty."
Of the 11th Specification, "Guilty."
Of the 12th Specification, "Guilty."
Of the 13th Specification, "Guilty."
Of the 14th Specification, “Guilty."
Of the 15th Specification, “Guilty."
Of the 16th Specification, “Guilty."
Of the 17th Specification, "Not guilty."
Of the 18th Specification, "Guilty.".
Of the 19th Specification, "Guilty."
Of the 20th Specification, “Guilty."
Of the 21st Specification, "Guilty."
Of the 22d Specification, “Guilty
Of the 23d Specification, Guilty."
Of the 24th Specification, “Guilty."
Of the 25th Specification, "Guilty."
Of the 26th Specification, “Guilty."
Of the 27th Specification, “Guilty.”
Of the 28th Specification, “Guilty.”
Of the 29th Specification, "Guilty."
Of the 30th Specification, "Not guilty."

Of the 31st Specification, "Guilty."

Of the 5th Specification, "Guilty, except the words 'in the uniform of an officer of the United States Army' and 'in night dress and' and of the excepted words not guilty."

Of the 6th Specification, "Guilty, except the words 'and particularly on the 10th, 11th, 17th, and 22d days of August, 1904,' substituting therefor the words 'between August 8th,

1904, and September 1st, 1904;' of the excepted words not guilty, of the substituted words guilty."

Of the 7th Specification, "Guilty."

And the court does therefore sentence him, Captain George W. Kirkman, 25th U. S. Infantry, "To be dismissed from the service of the United States and to be confined at hard labor in such penitentiary as the reviewing authority may direct for the period of two (2) years."

The record of the proceedings of the general court-martial in the foregoing case of Captain George W. Kirkman, 25th Infantry, having been submitted to the President, the following are his orders thereon:

THE WHITE HOUSE, June 15, 1905.

The sentence in the foregoing case of Captain George W. Kirkman, 25th Regiment of Infantry, is approved and will be carried into execution. THEODORE ROOSEVELT.

The United States Penitentiary at Fort Leavenworth, Kansas, is designated as the place for his confinement. [1026546, M. S. O.]

II--Before a general court martial which convened at Fort Niobrara. Nebraska, pursuant to Special Orders, No. 47, March 13, 1905. Department of the Missouri, and of which Colonel EDWARD B. PRATT. 30th Infantry, was president, and 1st Lieutenant BEVERLY A. READ, 6th Cavalry, judge advocate, was arraigned and tried

Captain George W. Kirkman, 25th Infantry.

CHARGE I." Conduct unbecoming an officer and a gentleman, in violation of the 61st Article of War."

(Two specifications.)

CHARGE II.-"Conduct to the prejudice of good order and military discipline, in violation of the 62d Article of War." (Two specifications.)

To which charges and specifications the accused pleaded as follows:

Of the 1st Specification, "Not guilty."

Of the 2d Specification, “Guilty, except the words 'did break said arrest,' substituting therefor the words 'did leave the limits of his arrest;' of the excepted words not guilty, of the substituted words guilty."

And the court does therefore sentence him, Captain George W. Kirkman, 25th Infantry, "To be dismissed from the service of the United States and to be confined at hard labor at such place as the reviewing authority may direct for the period of one (1) year."

The record of the proceedings of the court-martial in the foregoing case of Captain George W. Kirkman, 25th Infantry, having been submitted to the President, the following are his orders thereon:

THE WHITE HOUSE, June 15, 1905. The sentence in the foregoing case of Captain George W. Kirkman, 3th Regiment of Infantry, is approved and will be carried into execution. THEODORE ROOSEVELT.

Captain Kirkman ceases to be an officer of the Army from June 17, 1905. The United States Penitentiary at Fort Leavenworth, Kansas, is designated as the place for his confinement. [1026517. M. S. O.]

BY ORDER OF THE SECRETARY OF WAR:

OFFICIAL:

ADNA R. CHAFFEE,
Lieutenant General, Chief of Staff.

F. C. AINSWORTH,

The Military Secretary.

H