Specification 15th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, having in his official capacity of commanding officer, Company G, 27th Infantry, received in trust from Captain Robert S. Smith, paymaster, U. S. Army, the pay of Private Cecil B. Looman, Company G, 27th Infantry, for the period from December 9, 1901, to June 30, 1902, amounting to eighty-six dollars and sixty-nine cents ($86.69), U. S. currency, more or less, the said Captain Phillips did fail and neglect to turn over the full amount of the said pay to the said Private Looman, or to properly account for the same, but the said Captain Phillips did unlawfully and wilfully convert six dollars and sixty-nine cents of the said pay to his own use and benefit. This at Camp Vicars, Mindanao, P. I., on or about July 14, 1902." Specification 16th-" In that Captain John W. L. Phillips, 27th U. S. Infantry, having in his official capacity of commanding officer, Company G, 27th Infantry, received in trust from Major George R. Smith, paymaster, U. S. Army, the pay of Private Emil Fenzel, Company G, 27th Infantry, for the months of November and December, 1901, amounting to thirteen dollars and thirty-seven cents ($13.37), U. S. currency, more or less, the said Captain Phillips did fail and neglect to turn over the said pay or any portion of same to the said Private Fenzel, or to properly account for same, but the said Captain Phillips did unlawfully and wilfully convert said thirteen dollars and thirty-seven cents ($13.37), to his own use and benefit. This at Plattsburg Barracks, N. Y., on or about January 7, 1902."

Specification 17th-“In that Captain John W. L. Phillips, 27th U. S. Infantry, having in his official capacity of commanding officer, Company G, 27th Infantry, received in trust from Major Robert S. Smith, paymaster, U. S. Army, the pay of Private Claude Damon, Company G, 27th Infantry, for the months of March and April, 1902, amounting to ten dollars and ninety-five cents ($10.95), U. S. currency, more

or less, the said Captain Phillips did fail and neglect to turn over the said pay or any portion of same, to the said Private Damon, or to properly account for the same, but the said Captain Phillips did unlawfully and wilfully convert the said ten dollars and ninety-five cents ($10.95), to his own use and benefit. This at Camp Vicars, Mindanao, P. I., on or about May 25, 1902."

1ST ADDITIONAL CHARGE IV.-" Conduct to the prejudice of good order and military discipline, in violation of the 62d Article of War."

Specification 1st-"In that Captain John W. L. Phillips, 27th U. S. Infantry, on being relieved of the command of his company, G, 27th Infantry, on or about February 22, 1903, at Camp Vicars, Mindanao, P. I., by 1st Lieutenant William B. Gracie, 27th Infantry, the said Captain Phillips did fail to deliver to the said Lieutenant Gracie, the company fund of the said Company G, 27th Infantry, amounting to one hundred and seven dollars and six cents ($107.06), U. S. currency, more or less, but did keep and take with him, the said Captain Phillips, the said company fund, and further, the said Captain Phillips having reported for duty at Fort Sheridan, Illinois, the station of his, the said Captain Phillips', company, on the 29th of February, 1904, on being placed in arrest by his commanding officer and being ordered by an official order of the commanding officer of the post of Fort Sheridan, Illinois, and of the 27th Infantry, on or about the 9th day of March, 1904, to turn over the company fund of Company G, 27th Infantry, to 1st Lieutenant E. V. D. Murphy, 27th Infantry, then commanding said company, did fail to comply with said order."

Specification 2d-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did purchase and receive from the American Commercial Company, Manila, P. I., a certain lot of liquors and cigars and other goods, of the aggregate value of one hundred and eighty-three

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