Captain Guy Carleton, Paymaster, U. S. Army, for payment, another and false and fraudulent official pay account and claim against the United States for pay for part of the same period, namely, for the month of March, 1904, amounting to one hundred and thirtyseven dollars and fifty cents ($137.50), he, the said Osborn, well knowing that this subsequent account and claim was false and fraudulent. This at or near Fort McIntosh, Texas, on or about March 31, 1904." SECOND ADDITIONAL CHARGE III.-"Embezzlement, to the prejudice of good order and military discipline, in violation of the 62nd Article of War." Specification-"In that First Lieutenant Albert C. Osborn, 26th Infantry, being on duty in command of Company E, 26th Infantry, and having been intrusted in his said capacity as company commander, by Private William J. Gore, 26th Infantry, with his final statements, dated November 22, 1903, of the value of six hundred and fifty dollars and sixty-three cents ($650.63), more or less, for the purpose of transmitting the same to a paymaster for deposit of the proceeds thereof with the United States to the credit of the said Gore, did cash the said final statements, or cause them to be cashed, at the Milmo National Bank, of Laredo, Texas, and did wilfully, knowingly, and fraudulently embezzle, and fraudulently misapply and convert to his own use the proceeds of the said final statements, to wit, six hundred and forty-six dollars and sixty-three cents ($646.63), more or less. This at or near Laredo, Texas, on or about November 30th, 1903." SECOND ADDITIONAL CHARGE IV.-" Conduct unbecoming an officer and a gentleman in violation of the 61st Article of War." Specification 1st-"In that First Lieutenant Albert C. Osborn, 26th Infantry, having been intrusted, on or about November 23, 1903, by Private William J. Gore, Company E, 26th Infantry, with his final statements of the face value of six hundred and fifty dollars and sixty-three cents ($650.63), more or less, for the purpose of sending same to a paymaster for deposit of the proceeds thereof with the United States to the credit of the said Gore, did fraudulently obtain the signature of the said Gore, on the said final statements, and did on or about November 30, 1903, fraudulently cause the said final statements to be cashed at the Milmo National Bank of Laredo, Texas, and did fraudulently convert the proceeds of the same, namely, six hundred and forty-six dollars and sixty-three cents ($643.63), more or less, to his, the said Osborn's, own use; and did, on or about November 26, 1903, wilfully and falsely state to the said Gore that he, Osborn, had sent the said final statements to a paymaster, and did wilfully continue to deceive the said Gore as to the disposition made by him, Osborn, of the said final statements until on or about January 15, 1904, by falsely representing to him, the said Gore, that he, Osborn, had sent the said final statements to a paymaster for deposit. This at or near Fort McIntosh, and Laredo, Texas, to the scandal and disgrace of the military service." Specification 2d-"In that First Lieutenant Albert C. Osborn, 26th Infantry, being indebted to the Laredo National Bank of Laredo, Texas, for the sum of two hundred and forty-six dollars and forty-three cents ($246.43), and having on or about November 1st, 1904, signed a note to said bank for said amount, payable thirty days after date, and having procured as joint signer with him in said note one Charles Deutz by representing to the said Deutz that he, Osborn, would pay a portion of the said note when it became due, and that the balance would be satisfied at maturity by the execution of a new note for two hundred dollars ($200.00), did fail and neglect to carry out his agreement, and did fail and neglect to pay the said note or any portion of it when due, and did thereby cause the amount of the said note, with interest, to be collected by the said bank from the said Deutz, on or about December 13, 1904. This at or near Laredo, Texas, to the scandal and disgrace of the military service." Specification 3d-"In that First Lieutenant Albert C. Osborn, 26th Infantry, having made and executed in due form his pay account as an officer in the Army in full, for the months of January, February, and March, 1904, and having assigned the said account to Private William J. Gore, Company E, 26th Infantry, thereby parting with all individual title and interest therein, did, while the said account remained in full force and effect, knowingly, wilfully, and falsely certify with his official signature to the correctness of another official pay account for the month of January, 1904, duly made and executed, and did knowingly present, or cause to be presented, the said fraudulent pay account to Captain Guy Carleton, paymaster, U. S. Army, for payment, and did fraudulently obtain pay thereon. This at or near Fort McIntosh and at San Antonio, Texas, on or about January 31, 1904." Specification 4th-"In that First Lieutenat Albert C. Osborn, 26th Infantry, having made and executed in due form his pay account as an officer in the Army in full for the months of January, February, and March, 1904, and having assigned the said account to Private William J. Gore, Company E, 26th Infantry, thereby parting with all individual title and interest therein, did, while the said account remained in full force and effect, knowingly, wilfully, and falsely certify with his official signature to the correctness of another official pay account for the month of February, 1904, duly made and executed, and did knowingly present, or cause to be presented, the said fraudulent pay account to Captain Guy Carleton, paymaster, U. S. Army, for payment, and did fraudulently obtain pay thereon. This at or near Fort McIntosh and at San Antonio, Texas, on or about March 1, 1904." Specification 5th-"In that First Lieutenant Albert C. Osborn, 26th Infantry, having made and executed in due form his pay account as an officer in the Army in full for the months of January, February, and March, 1904, and having assigned the said account to Private William J. Gore, Company E, 26th Infantry, thereby parting with all individual title and interest therein, did, while the said account remained in full force and effect, knowingly, willingly, and falsely certify with his official signature to the correctness of another official pay account for the month of March, 1904, duly made and executed, and did knowingly present, or cause to be presented, the said fraudulent pay account to Captain Guy Carleton, paymaster, U. S. Army, for payment, and did fraudulently obtain pay thereon. This at or near Fort McIntosh and at San Antonio, Texas, on or about April 1, 1904.” To which charges and specifications the accused pleaded as follows: Second Additional Charge 1. To the 1st Specification, "Not guilty." Second Additional Charge II. To the 1st Specification, "Not guilty." Second Additional Charge IV. To the 1st Specification, "Not guilty." "Not guilty." Second Additional Charge I. Of the 1st Specification, "Guilty." Second Additional Charge II. Of the 1st Specification, "Guilty." "Guilty." Second Additional Charge III. Of the Specification, "Guilty." Second Additional Charge IV. Of the 1st Specification, “Guilty." Of the 5th Specification, "Guilty.” “Guilty." SENTENCE. And the court does therefore sentence him, First Lieutenant Albert C. Osborn, 26th Infantry, "To be dismissed the service of the United States." The record of the proceedings of the general court-martial in the foregoing case of First Lieutenant Albert C. Osborn, 26th Infantry, having been submitted to the President, the following are his orders thereon: WHITE HOUSE, May 17th, 1905. In the foregoing case of First Lieutenant Albert C. Osborn, 26th Infantry. U. S. Army, the sentence is confirmed and will be duly executed. THEODORE ROOSEVELT, First Lieutenant Albert C. Osborn, 26th Infantry, ceases to be an officer of the Army from May 20, 1905. [1015058, M. S. O.] BY ORDER OF THE SECRETARY OF WAR: ADNA R. CHAFFEE, Lieutenant General, Chief of Staff. OFFICIAL: F. C. AINSWORTH, The Military Secretary. |