Before a general court-martial which convened at Camp Jossman, Guimaras, Philippine Islands, pursuant to Special Orders, No. 47, March 18, 1905, Department of the Visayas, and of which Lieutenant Colonel CORNELIUS GARDENER, 21st Infantry, was president, and First Lieutenant GEORGE H. SHIELDS, JR., 12th Infantry, judge advocate, was arraigned and tried

First Lieutenant Hans F. Weusthoff, Philippine Scouts. CHARGE I." Conduct to the prejudice of good order and military discipline, in violation of the 62nd Article of War."

Specification 1st-"In that First Lieutenant Hans F. Weusthoff, Philippine Scouts, U. S. Army, having received from Second Lieutenant Dolie M. Metcalf, Philippine Scouts, U. S. Army, the sum of two hundred and ten (210) dollars and six (6) cents, U. S. currency, more or less, funds of the 46th Company, Philippine Scouts, did fail to take the amount up on the company fund book and properly account for same. This at Capiz, Panay,

P. I., on or about May 1, 1902." Specification 2d-"In that First Lieutenant Hans F. Weusthoff, Philippine Scouts, U. S. Army, having received from Second Lieutenant Dolie M. Metcalf, Philippine Scouts, U. S. Army, the sum of twenty (20) dollars and sixty (60) cents, U. S. currency, more or less, funds of the 46th Company, Philippine Scouts, did fail to take the amount up on the company fund book and properly account for same. This at Capiz, Panay, P. I., on or about March 31, 1903."

Specification 3d-"In that First Lieutenant Hans F. Weusthoff, Philippine Scouts, U. S. Army, having received from Second Lieutenant Dolie M. Metcalf, Philippine Scouts, U. S. Army, the sum of five (5) dollars and fortyfive (45) cents, Conant, more or less, funds of the 46th Company, Philippine Scouts, did fail to take the amount up on the company fund book and properly account for same. This at Ragay, Ambos Camarines, P. I., on or about November 10th, 1904."

Specification 4th-"In that First Lieutenant Hans F. Weusthoff, Philippine Scouts, U. S. Army, being responsible for thirty-seven (37) dollars and seventy-eight (78) cents, U. S. currency, more or less, funds of the 46th Company, Philippine Scouts, did fail to produce or properly account for the same at an inspection of his company fund account, by Captain William L. Geary, com

missary, U. S. Army, who was acting under proper orders. This at Camp Jossman, Guimaras, P. L., on or about February 14, 1905."

CHARGE II.

"Conduct unbecoming an officer and a gentleman."

Specification 1st-"In that First Lieutenant Hans F. Weusthoff, Philippine Scouts, U. S. Army, did knowingly and wilfully misappropriate and apply to his own use and benefit the sum of two hundred and ten (210) dollars and six (6) cents, U. S. currency; twenty (20) dollars and sixty (60) cents, U. S. currency; five dollars and forty-five (45) cents, Conant; thirty-seven (37) dollars and seventyeight (78) cents, U. S. currency, more or less, funds of the 46th Company, Philippine Scouts, for which he was accountable. This between May 1, 1902, and about February 14, 1905, at various places in the Philippine Islands."

Specification 2d-"In that First Lieutenant Hans F. Weusthoff, Philippine Scouts, U. S. Army, having received from different members of the 46th Company, Philippine Scouts, through First Sergeant Simplicio Dones, 46th Company, Philippine Scouts, on or about November 30, 1903, the sum of eighty-nine (89) dollars, U. S. currency, more or less, for the purpose of purchasing band instruments for the use of the 46th Company, Philippine Scouts, did fail to purchase said instruments, and did knowingly and wilfully misappropriate and apply to his own use and benefit said money. This between November 30, 1903, and about February 17, 1905, at various places in the Philippine Islands." Specification 3d-"In that First Lieutenant Hans F. Weusthoff, Philippine Scouts, U. S. Army, having received from different members of the 46th Company, Philippine Scouts, through First Sergeant Simplicio Dones, 46th Company, Philippine Scouts, on or about January 31, 1904, the sum of eighty-four (84) dollars, U. S. currency, more or less, for the purchase of band instruments for the use of the 46th Company, Philippine Scouts, did fail to purchase said instruments, and did knowingly and wilfully misappropriate and apply to his own use and benefit said money. This between

January 31, 1904, and about February 17, 1905, at various places in the Philippine Islands." Specification 4th—“In that First Lieutenant Hans F. Weusthoff, Philippine Scouts, U. S. Army, having received from different members of the 46th Company, Philippine Scouts, through First Sergeant Simplicio Dones, 46th Company, Philippine Scouts, on or about February 29,

1904, the sum of eighty five (85) dollars, U. S. currency, more or less, for the purpose of purchasing band instruments for the use of the 46th Company, Philippine Scouts, did fail to purchase said instruments, and did knowingly and wilfully misappropriate and apply to his own use and benefit said money. This between February 29, 1904, and about February 17, 1905, at various places in the Philippine Islands."

CHARGE III.-"Embezzlement, in violation of the 60th Article of War."

Specification 1st-"In that First Lieutenant Hans F. Weusthoff, Philippine Scouts, U. S. Army, having received from Captain Edward A. Shuttleworth, quartermaster, U. S. Army, on or about February 23, 1904, the sum of five hundred (500) dollars, U. S. currency, more or less, belonging to the United States and furnished and intended for the military service thereof, did embezzle the same; and having been lawfully ordered to produce or account for said money, did fail, neglect, and refuse to do so. This at Camp Jossman, Guimaras, P. I., on or about February 17, 1905."

Specification 2d-"In that First Lieutenant Hans F. Weusthoff, Philippine Scouts, U. S. Army, having received from Captain Edward A. Shuttleworth, quartermaster, U. S. Army, on or about February 23, 1904, the sum of two hundred (200) dollars, U. S. currency, more or less, belonging to the United States and furnished and intended for the military service thereof, did embezzle the same; and having been lawfully ordered to produce or account for said money, did fail, neglect, and refuse to do so. This at Camp Jossman, Guimaras, P. I., on or about February 17, 1905."

To which charges and specifications the accused pleaded as follows:

And the court does therefore sentence him, Hans F. Weusthoff, First Lieutenant, Philippine Scouts, U. S. Army, “To be dismissed the service of the United States, and to forfeit to the United States seven hundred ($700.00) dollars of his pay now due."

The record of the proceedings of the general court-martial in the foregoing case of First Lieutenant Hans F. Weusthoff, Philippine Scouts, having been submitted to the Presi dent, the following are his orders thereon:

THE WHITE HOUSE, June 12th, 1905. In the foregoing case of First Lieutenant Hans F. Weusthof, Philippine Scouts. U. S. Army, the sentence is confirmed and will be duly executed. THEODORE ROOSEVELT

First Lieutenant Hans F. Weusthoff, Philippine Scouts, ceases to be an officer of the Army from June 17, 1905. [1013841, M. S. O.]

BY ORDER OF THE ACTING SECRETARY OF WAR:

ADNA R. CHAFFEE, Lieutenant General, Chief of Staff.

OFFICIAL:

F. C. AINSWORTH,

The Military Secretary.

No. 91.

WASHINGTON, June 15, 1905.

I_Paragraphs 239, 403, 890, 1068, and 1373, Army Regulations, are amended to read as follows:

239. The regimental staff officers are appointed from the captains, and consist of the adjutant, the quartermaster, and the commissary, and they will be so designated, respectively. They are appointed by the regimental commander, who will at once report his action to The Military Secretary of the Army. The battalion staff officers are appointed from the lieutenants and consist of the adjutant and the quartermaster and commissary, and they will be designated as the battalion (or squadron) adjutant and as battalion (or squadron) quartermaster and commissary, respectively. They are appointed by the regimental commander upon the recommendation of the battalion commander. When a battalion is detached and serving at such a distance from regimental headquarters that more than fifteen days are required for exchange of correspondence by mail, the battalion staff officers are appointed by the battalion commander, who will immediately notify the regimental commander and The Military Secretary of the Army. Appointments of staff officers will not be antedated and will take effect on the day on which actually made. A regimental staff officer will be entitled to the pay pertaining to his appointment from the date on which he reports for duty at regimental headquarters; a battalion staff officer, from the date on which he reports for duty at the station of a company of his battalion whether such company be stationed at the post of the battalion commander or not. This date will be noted on the post return for the month in which the officer reports, and on his pay voucher for the same month. [1017794, M. S. O.]

403. It is the custoin of foreign ships of war, on entering a harbor or passing near a fortification, to display at the main the flag of the country in whose waters they are, and to salute it. It is the rule, however, in our own and foreign navies to fire salutes only between 8 a. m. and sunset. On the completion of the salute to the flag, a salute of the same number of guns will be promptly returned by the designated saluting station. United States vessels return salutes to the flag in United States waters only when there is no fort or battery

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