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he the said Captain John W. L. Phillips, well knowing that the said claim was false and fraudulent." Specification 3d-"In that Captain John W. L. Phillips,

27th U. S. Infantry, having duly executed and transferred his account and claim for pay as an officer of the Army of the United States, for the month of January, 1904, to Samuel M. Janney, of New York City, did, nevertheless, subsequently make transfer to Louis Silverman, of New York City, a second and duplicate account and claim for pay as an officer of the United States Army, for the same month, and the same amount, he, the said Captain John W. L. Phillips, well knowing that the said claim was false and fraudulent."

1ST ADDITIONAL CHARGE I.-" Conduct unbecoming an officer and a gentleman, in violation of the 61st Article of War." Specification 1st-" In that Captain John W. L. Phillips,

27th U. S. Infantry, in his official capacity of commanding officer, Company G, 27th Infantry, having in his possession, in trust for Private Peter H. Campbell, who deceased January 22, 1903, late a soldier in his, Captain Phillips', company, twentynine dollars and eighteen cents ($29.18), U. S. currency, more or less, the said Captain Phillips did fail and neglect to turn over the said amount of money, or any portion of same, to either the legal representatives of the said deceased soldier, or to a paymaster of the War Department; but the said Captain Phillips did unlawfully and wilfully convert the said twenty-nine dollars and eighteen cents ($29.18) to his own use and benefit. This at Camp Vicars, Mindanao, P. I., on or about February 22, 1903."

Specification 2d-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did, on or about January 18, 1903, in his official capacity of commanding officer, Company G, 27th Infantry, receive in trust from Captain S. Howell, paymaster, U. S. Army, the pay of Private Joseph Storm, Company G, 27th Infantry, for the months of November and December, 1902,

amounting to eighteen dollars and fifty-seven cents ($18.57), U. S. currency, more or less, and the said Captain Phillips did fail and neglect to turn over to the said Private Storm the said pay or any portion of same, but did unlawfully and wilfully convert said eighteen dollars and fifty-seven cents ($18.57) to his own use and benefit. This at Camp Vicars, Mindanao, P. I., on or about January 18, 1903."

Specification 3d-“In that Captain John W. L. Phillips, 27th U. S. Infantry, did, on or about July 14, 1902, receive from Private James P. Smith, Company G, 27th Infantry, thirty dollars ($30.00), U. S. currency, more or less, for safe keeping; and when the said Captain Phillips was some time later asked by the said Private Smith for the return of his, Private Smith's, money, he, Captain Phillips, did return to the said Private Smith twenty dollars ($20.00), U. S. currency, more or less, and state that he, Captain Phillips, had lost the balance, and he, Private Smith, would have to lose ten dollars ($10.00), U. S. currency, more or less; and the said Captain Phillips has not returned to the said Private Smith the full amount of money which the said Private Smith placed in the hands of the said Captain Phillips for safe keeping. This at Camp Vicars, Mindanao, P. I., on or about July 14, 1902."

Specification 4th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, having received from Sergeant Charles R. Burbank, Company G, 27th Infantry, a soldier of his, Captain Phillips', company, the sum of two hundred dollars ($200.00), U. S. currency, more or less, the said Captain Phillips did return to the said Sergeant Burbank only one hundred dollars of the said amount of money, though the said Captain Phillips had been asked by the said Sergeant Burbank for the money in question, and the said Captain Phillips did wrongfully and wilfully keep one hundred dollars of the said amount of money, and did apply the same to his own use and benefit.

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This at Camp Vicars, Mindanao, P. I., on or about December 1, 1902, and at Plattsburg, N. Y., on about December 25, 1901." Specification 5th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, having been asked by Sergeant William Holmes, Company G, 27th Infantry, a soldier of his, Captain Phillips', company, for the return of two hundred and twenty-five dollars ($225.00), U. S. currency, more or less, which the said Captain Phillips had received from the said Sergeant Holmes, on or about March 28, 1902, for safe keeping, did state to the said Sergeant Holmes that he, the said Captain Phillips, was unable to return the said amount of money to the said Sergeant Holmes, for the reason that the money in question was in the quartermaster's safe at Parang, Mindanao, P. I., and the said amount of money was not returned to the said Sergeant Holmes until some two months later, though the said Captain Phillips had been asked for the money at least three times; the said Captain Phillips well knowing that his statement to the said Sergeant Holmes that the money in question was in the quartermaster's safe at Parang, Mindanao, P. I., was false and was intended to deceive the said Sergeant Holmes. This at Camp Vicars, Mindanao, P. I., on or about the 24th day of May, 1902."

Specification 6th-" In that Captain John W. L. Phillips, 27th U. S. Infantry, did, at or near Gibraltar, on or about February, 7, 1902, voluntarily propose to cash the pay accounts for the month of February, 1902, of 1st Lieutenant William L. Luhn, 11th U. S. Cavalry, amounting to one hundred and forty-six dollars and sixty-six cents ($146.66), U. S. currency, more or less, and having received from the said Lieutenant Luhn the said pay accounts, duly made out and assigned to the said Captain Phillips, the said Captain Phillips did pay over to the said Lieutenant Luhn, on account of the said pay accounts, seventy-five dollars ($75.00), U. S. currency, more or

tenant Luhn requested the said Captain Phillips to pay over the balance due him, which the said Captain Phillips failed to do, although he, the said Captain Phillips, had on or about March 22, 1902, received cash for the said pay accounts and, when again requested at this time by the said Lieutenant Luhn, to pay over the balance, refused to do so; and the said Captain Phillips did fail and neglect to pay over the said balance to the said Lieutenant Luhn until about April 30, 1903, at Manila, P. I., when the said Captain Phillips, after being persistently urged by the said Lieutenant Luhn, did pay over the balance to the said Lieutenant Luhn."

Specification 7th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did cause his name to be entered on the sick report of his company, for the purpose of evading certain military duty, and did make the following statement to 2d Lieutenant Thomas W. Brown, 27th Infantry, I am able to do duty, and could go out and do duty to-day. I am only staying on sick report to protect myself from Captain Pershing,' or words to that effect. This at Camp Vicars, Mindanao, P. I., on or about December 5, 1902."

Specification 8th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did request 2d Lieutenant Thomas W. Brown, 27th U. S. Infantry, commissary, Camp Vicars, Mindanao, P. I., to pay for him, the said Captain Phillips, a commissary bill amounting to sixty-four dollars and sixteen cents ($64.16), U. S. currency, more or less, due the said Lieutenant Brown, by the said Captain Phillips, for subsistence stores sold to his, Captain Phillips', company during the month of June, 1902, the said Captain Phillips stating to the said Lieutenant Brown that he, Captain Phillips, would later refund this amount of money to the said Lieut. Brown, and the said Captain Phillips did fail and neglect to return to the said Lieut. Brown the amount of money in

question or any portion of same, though the said Lieutenant Brown had made numerous demands on the said Captain Phillips for the money. This at Camp Vicars, Mindanao, P. I., on or about June 30, 1902."

Specification 9th-"In that Captain John W. L. Phillips, 27th U. S. Infantry, did request 2d Lieutenant Thomas W. Brown, 27th Infantry, commissary, to pay for him, the said Captain Phillips, a commissary bill amounting to eleven dollars and ninety-four cents ($11.94), U. S. currency, more or less, due the said Lieutenant Brown, by the said Captain Phillips, for subsistence stores sold Captain Phillips for his personal use during the month of May, 1902, the said Captain Phillips stating to the said Lieutenant Brown that he, Captain Phillips, would later refund this amount of money to Lieutenant Brown, and the said Captain Phillips did fail and neglect to return to the said Lieutenant Brown the said amount of money or any portion of same, though the said Lieutenant Brown had made numerous demands on the said Captain Phillips for the money in question. This at Camp Vicars, Mindanao, P. I., on or about May 31, 1902."

Specification 10th-“In that Captain John W. L. Phillips. 27th U. S. Infantry, did, in his official capacity of commanding officer, Company G, 27th Infantry, purchase from 2d Lieutenant Thomas W. Brown, 27th Infantry, commissary, certain subsistence stores for the use of his, Captain Phillips', company, during the months of May and June, 1902, amounting to seventy-four dollars and sixty-seven cents ($74.67). U. S. currency, more or less, and the said Captain Phillips has never paid the said Lieutenant Brown, or any other person, for the supplies in question, or for any portion of the said supplies, though the said Lieutenant Brown has made numerous demands on the said Captain Phillips for the money in question. This at Camp Vicars, Mindanao, P. I., during the months of May and June, 1902."

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