No. 106.

ADJUTANT GENERAL'S OFFICE,

Washington, August 3, 1900.

Before a general court-martial which convened at Fort Hamilton, New York, pursuant to Special Orders, No. 115, Department of the East, May 18, 1900, and of which Lieutenant Colonel TULLY MCCREA, 5th Artillery, was president, and 1st Lieutenant BROOKE PAYNE, 5th Artillery, was judge advocate, was arraigned and tried

Second Lieutenant Edward H. Martin, 5th U. S. Artillery. CHARGE I.-"Conduct unbecoming an officer and a gentleman, in violation of the 61st Article of War."

Specification 1st-"In that 2d Lieutenant Edward H. Martin, 5th U. S. Artillery, while post exchange officer at Fort Hancock, N. J., did on or about February 12, 1900, at Fort Hancock, N. J., fraudulently enter, and take credit for, on his post exchange account, the sum of $35.00, basing the same upon a certain bill against the post exchange of Fort Hancock, N. J., with receipt thereon purporting to be a bill and receipt of Kinsey, Rainier & Thompson, for one safe furnished said post exchange, and which bill and receipt in words and figures is as follows:

All remittances must be made direct to us. No person is authorized to collect for us without written instructions.

Fire-proof and burglar-proof safes, bank vaults, etc.

Subject to terms and conditions of your order.

Safe moving and repairing.

To one No. 2 E. P. safe (special).

(Delivered at Pier 3, Govt. Dock.) Recd. payment, Feb. 10th. R.

Thanks.

$35.00

Make checks payable to Kinsey, Rainier & Thompson.
which bill and receipt and aforesaid entry and credit
were false, fictitious, and fraudulent, in that the said
Kinsey, Rainier & Thompson had not furnished to the

United States" is confirmed; but on recommendation of a majority of the members of the court and of the Superintendent of the Military Academy it is mitigated to suspension from the Military Academy, without pay, until June 15, 1901. As mitigated the sentence will be duly executed.

WILLIAM MCKINLEY.

2. Cadet Herbert G. Higbee, First Class, United States Military Academy.

CHARGE.—“ False official statement, contrary to paragraph 134, Regulations United States Military Academy, in violation of the 62d Article of War."

Specification-"In that Cadet Herbert G. Higbee, First Class, U. S. Military Academy, did write an official letter to the commandant of cadets in words and figures as follows:

CAMP WANSBORO, WEST POINT. N. Y.,

June 27, 1900.

The Commandant of Cadets.
SIR: In explanation of the report "allowing eatables in guard
tent about 11 a. m.," I have the honor to state that there were no
members of the guard who had eatables in the guard tent by my
permission, nor did I see anyone bring any eatables into the guard
tent. I did see some eatables in the guard tent during the evening
of the 26th instant, but I did not know to whom it belonged nor
whence it came, and I directed that it should be policed and I sup-
posed that it had been because I did not see it after that. I took
pains to keep members of the guard from having unauthorized
eatables.

Very respectfully, (Signed)

HERBERT G. HIGBEE, Cadet Private, Co. D., 2d Class.

which letter in so far as it says 'I took pains to keep members of the guard from having unauthorized eatables' was false, was known by him, the said Cadet Herbert G. Higbee, First Class, U. S. Military Academy, to be false and was made with intent to deceive. This at West Point, New York, June 27, 1900."

SENTENCE.

And the court does therefore sentence him, Cadet Herbert G. Higbee, First Class, U. S. Military Academy, "To be dismissed the service of the United States."

The record of the proceedings of the general court-martial in the foregoing case of Cadet Herbert G. Higbee. First Class, U. S. Military Academy, having been forwarded for the action of the President, the following are his orders thereon:

EXECUTIVE MANSION, Washington, D. C., August 2, 1900. In the foregoing case of Cadet Herbert G. Higbee, First Class, United States Military Academy, the sentence "to be dismissed the service of the United States is confirmed and will be duly executed.

WILLIAM MCKINLEY.

BY COMMAND OF LIEUTENANT GENERAL MILES:

H. C. CORBIN,

Adjutant General.