4

duty with his command, by paragraph 2. S. O., No. 4, 2nd Battalion, 12th Infantry, Camp Roosevelt, Mt. Gretna, Pa., July 20, 1906, in order to comply with a lawful order, in writing and figures as follows:

HEADQUARTERS DEPARTMENT OF THE EAST.

8. Pursuant to instructions of the Division Commander, dated July 14, 1906, the following-named officers and enlisted men, selected as competitors in the Division Competition, will proceed to Fort Niagara, N. Y., in time to report to the officer in charge of Division Competitors not later than July 28, 1906. For the Rifle Competition:

2nd Lieutenant J. S. Hamilton, 12th Infantry.

By command of Major General GRANT.

H. O. S. HEISTAND,

*

Military Secretary.

did wilfully disobey said order. This at Camp Roosevelt, Mt. Gretna, Pennsylvania, on or about July 21,

1906."

CHARGE IV.-" Desertion, in violation of the 47th Article of

War."

Specification-" In that Second Lieutenant John S. Hamilton, 12th U. S. Infantry, a commissioned officer in the service of the U. S., and having received pay therein, did desert the same at Mount Gretna, Pa., on or about July 21, 1906, and did remain absent in desertion until he surrendered himself at Chicago, Ill., on or about October 20, 1906. This at the places and on the dates above specified."

To all of which charges and specifications the accused pleaded, "Not guilty."

FINDINGS.

Of the 1st Charge, and of the four specifications thereto, “Guilty."

Of the 2d Charge, and of the specification thereto, “Guilty." Of the 3d Charge, and of the two specifications thereto, "Guilty."

Of the 4th Charge, and of the specification thereto, “Guilty."

5 SENTENCE.

The court does therefore sentence him, 2d Lieutenant John S. Hamilton, 12th Infantry, "To be dismissed the service and to be confined at hard labor in such place as the reviewing authority may direct for the period of one (1) year and six (6) months."

The record of the proceedings of the general court-martial in this case having been submitted to the President, the following are his orders thereon:

THE WHITE HOUSE, February 25th, 1907.

The sentence in the foregoing case of Second Lieutenant John S. Hamilton, 12th U. S. Infantry, is confirmed and will be carried into execution.

THEODORE ROOSEVELT.

Second Lieutenant John S. Hamilton, 12th U. S. Infantry, ceases to be an officer of the Army from February 27, 1907, and the United States Penitentiary at Leavenworth, Kansas, is designated as the place for his confinement.