No. 98.

WASHINGTON, June 19, 1905.

Before a general court-martial which convened at Fort Preble, Maine, pursuant to Special Orders, No. 101, May 2, and No. 106, May 8, 1905, Department of the East, and of which Lieutenant Colonel ALEXANDER RODGERS, 15th Cavalry, was president, and Captain WILLIAM T. JOHNSON, 15th Cavalry, judge advocate, was arraigned and tried

1st Lieutenant Frederick McC. Smith, Artillery Corps. CHARGE I.-"Causing false and fraudulent claims to be made against the United States, in violation of the 60th Article of War."

Specification 1st-"In that 1st Lieutenant Frederick McC.

Smith, Artillery Corps, U. S. Army, being at the time Quartermaster of the Post at Fort Williams, Maine, did cause to be made a certain false and fraudulent claim against the United States in favor of Samuel W. Joy, of Portland, Maine, certifying to the correctness and justness thereof, knowing the same to be false and fraudulent, to wit: The claim represented by that certain voucher, submitted by the said Lieutenant McC. Smith, with his Quartermaster accounts, and marked 'Barracks and Quarters F Y 1905,' being Voucher No. 1 to his Abstract B pertaining to the fiscal year 1905, and dated February 28, 1905; said voucher containing a claim upon the United States for the amount of $73.85; said claim being false and fraudulent, in that the amount claimed was not justly due the said Joy for supplies and services as specified in said voucher, though ordered paid by the said Lieutenant McC. Smith from money of the United States by drawing and delivering to the said Joy, in payment of said claim, his (McC. Smith's) official check on the Assistant Treasurer of the United States at New York, No. 479201, for the amount of $73.85. This at or near Fort Williams, Maine, during the month of February, 1905."

Specification 2d-"In that 1st Lieutenant Frederick McC. Smith, Artillery Corps, U. S. Army, being at the time

Quartermaster of the Post at Fort Williams, Maine, did cause to be made a certain false and fraudulent claim against the United States in favor of F. W. Joy, of Portland, Maine, knowing the same to be false and fraudulent, to wit: The claim represented by that certain voucher No. -, dated February 28, 1905, pertaining to his Abstract B, March, 1905, signed by F. W. Joy, said voucher containing a claim against the United States for the amount of $73.00, which claim, on being presented for payment, was ordered paid from money of the United States, by the said Lieutenant McC. Smith drawing and delivering to the said Joy his official check on the Assistant Treasurer of the United States at New York, No. 479205, for the amount of $73.00; said claim being false and fraudulent, in that the amount claimed was not justly due the said Joy for supplies and services as specified in said voucher. This at or near Fort Williams, Maine, during the months of February and March, 1905."

Specification 3d-"In that 1st Lieutenant Frederick McC. Smith, Artillery Corps, U. S. Army, being at the time Quartermaster of the Post at Fort Williams, Maine, did cause to be made a certain false and fraudulent claim against the United States in favor of J. B. Fickett & Co. (Frank M. Brown, proprietor), of Portland, Maine, certifying to the correctness and justness thereof, knowing the same to be false and fraudulent, to wit: The claim represented by that certain voucher, submitted by the said Lieutenant McC. Smith with his Quartermaster Accounts, and marked Barracks and Quarters 19031904' being Voucher No. 10 to his Abstract A pertain ing to the fiscal year 1904, and dated June 30, 1904; said voucher containing a claim upon the United States for the amount of $145.05; said claim being false and fraudulent, in that the amount claimed was not justly due the said J. B. Fickett & Co. (Frank M. Brown, proprie tor), for supplies and services as specified in said voucher, though ordered paid by the said Lieutenant McC. Smith from money of the United States, by draw ing and delivering to the said J. B. Fickett & Co. (Frank M. Brown, proprietor), in payment of said claim, his

(McC. Smith's) official check on the Assistant Treasurer of the United States at New York, No. 572389, for the amount of $145.05. This at or near Fort Williams, Maine, during the month of June, 1904."

Specification 4th-"In that 1st Lieutenant Frederick McC. Smith, Artillery Corps, U. S. Army, being at the time Quartermaster of the post at Fort Williams, Maine, did cause to be made a certain false and fraudulent claim against the United States in favor of Frank M. Brown, of Portland, Maine, certifying to the correctness and justness thereof, knowing the same to be false and fraudulent, to wit: The claim represented by that certain voucher, submitted by the said Lieutenant McC. Smith with his Quartermaster Accounts and marked ‘Army Transportation F Y 1905,' being Voucher No. 6 to his Abstract A pertaining to the fiscal year 1905, and dated February 21, 1905; said voucher containing a claim upon the United States for the amount of $567.48; said claim being false and fraudulent, in that the amount claimed was not justly due the said Brown for supplies and services as specified in said voucher, though ordered paid by the said Lieutenant McC. Smith from money of the United States by drawing and delivering to the said Brown, in payment of said claim, his (McC. Smith's) official check on the Assistant Treasurer of the United States at New York, No. 479184, for the amount of $567.48. This at or near Fort Williams, Maine, during the month of February, 1905."

Specification 5th-"In that 1st Lieutenant Frederick McC. Smith, Artillery Corps, U. S. Army. being at the time Quartermaster of the Post at Fort Williams, Maine, did cause to be made a certain false and fraudulent claim against the United States in favor of Frank M. Brown, of Portland, Maine, certifying to the correctness and justness thereof, knowing the same to be false and fraudulent, to wit: The claim represented by that certain voucher, submitted by the said Lieutenant McC. Smith with his Quartermaster Accounts, and marked ‘Barracks and Quarters F Y 1905,' being Voucher No. 1 to his Abstract A pertaining to the fiscal year 1905, and dated February 28, 1905; said voucher containing a claim upon the United States for the amount of $159.95; said

claim being false and fraudulent, in that the amount claimed was not justly due the said Brown for supplies and services as specified in said voucher, though ordered paid by the said Lieutenant McC. Smith, from money of the United States, by drawing and delivering to the said Brown, in payment of said claim, his (Smith's) official check on the Assistant Treasurer of the United States at New York, No. 479202, for the amount of $159.95. This at or near Fort Williams, Maine, during the months of February and March, 1905.” Specification 6th-"In that 1st Lieutenant Frederick McC. Smith, Artillery Corps, U. S. Army, being at the time Quartermaster of the Post at Fort Williams, Maine, did cause to be made a certain false and fraudulent claim against the United States in favor of S. H. & A. R. Doten, of Portland, Maine, certifying to the correctness and justness thereof, knowing the same to be false and fraudulent, to wit: The claim represented by that certain voucher, submitted by the said Lieutenant McC. Smith with his Quartermaster Accounts, and marked 'Incidental Expenses F Y 1904,' being Voucher No. 6 to his Abstract A, pertaining to the fiscal year 1904, and dated June 30, 1904; said voucher containing a claim upon the United States for the amount of $82.50; said claim being false and fraudulent, in that the amount claimed was not justly due the said S. H. & A. R. Doten, for supplies and services as specified in said voucher, though ordered paid by the said Lieutenant McC. Smith, from money of the United States, by drawing and delivering to the said S. H. & A. R. Doten, in payment of said claim, his (McC. Smith's) official check on the Assistant Treasurer of the United States at New York, No. 572376, for the amount of $82.50. This at or near Fort Williams, Maine, during the month of June, 1904."

Specification 7th-"In that 1st Lieutenant Frederick McC. Smith, Artillery Corps, U. S. Army, being at the time Quartermaster of the Post at Fort Williams, Maine, did cause to be made a certain false and fraudulent claim against the United States, in favor of S. H. & A. R. Doten, of Portland, Maine, certifying to the correctness and justness thereof, knowing the same to be false and

fraudulent, to wit: The claim represented by that certain voucher, submitted by the said Lieutenant McC. Smith with his Quartermaster Accounts, and marked, 'Barracks and Quarters F Y 1903-1904,' being Voucher No. 11 to his Abstract A, pertaining to the fiscal year 1904, and dated June 30, 1904, said voucher containing a claim upon the United States for the amount of $69.92; said claim being false and fraudulent, in that the amount claimed was not justly due the said S. H. & A. R. Doten for supplies and services as specified in said voucher, though ordered paid by the said McC. Smith from money of the United States, by drawing and delivering to the said S. H. & A. R. Doten, in payment of said claim, his, (McC. Smith's) official check on the Assistant Treasurer of the United States at New York, No. 572390, for the amount of $69 92. This at or near Fort Williams, Maine, during the month of June, 1904."

Specification 8th-"In that 1st Lieutenant Frederick McC. Smith, Artillery Corps, U. S. Army, being at the time Quartermaster of the Post at Fort Williams, Maine, did cause to be made a certain false and fraudulent claim against the United States in favor of S. H. & A. R. Doten, of Portland, Maine, certifying to the correctness and justness thereof, knowing the same to be false and fraudulent, to wit: The claim represented by that certain voucher, submitted by the said Lieutenant McC. Smith with his Quartermaster Accounts, and marked 'Army Transportation F Y 1905,' being Voucher No. 6 to his Abstract A pertaining to the fiscal year 1905, and dated August 11, 1994; said voucher containing a claim upon the United States for the amount of $138.00; said claim being false and fraudulent, in that the amount claimed was not justly due the said S. H. & A. R. Doten for supplies and services as specified in said voucher, though ordered paid by the said Lieutenant McC. Smith, from money of the United States, by drawing and delivering to the said S. H. & A. R. Doten, in payment of said claim, his (McC. Smith's) official check on the Assistant Treasurer of the United States at New York, No. 572413, for the amount of $138.00. This at or near Fort Williams, Maine, during the month of August,