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Of the 7th Specification, “Guilty, except the words 'and particularly on the 10th, 11th, 17th, and 220 days of August, 1904,' substituting therefor the words between Angust Sth, 1904, and September 1st, 1904;' of the excepted words not guilty, of the substituted words guilty.”

Of the 8th Specification, “Guilty.”
Of the 9th Specification, “Guilty."
Of the 10th Specification, “Guilty.”
Of the 11th Specification, “Guilty."
Of the 12th Specification, “Guilty.”
Of the 13th Specification, Guilty.”
Of the 14th specification, Guilty.”
Of the 15th Specification, “Guilty.”
Of the 16th Specification, “Guilty.”
Of the 17th Specification, “Not guilty.”
Of the 18th Specification, Guilty.”.
Of the 19th Specification, “Guilty.”
of the 20th Specification, “Guilty.”
Of the 21st Specification, Guilty."
Of the 22d Specification, “Guilty."
Of the 233 Specificution, “Guilty."
Of the 24th Specification, Guilty.”
Of the 25th Specification, “Guilty.”
Of the 26th Specification, “Guilty."
Of the 27th Specification, “Guilty.”
Of the 28th Specification, “Guilty.”
Of the 29th Specification, "Guilty.”
Of the 30th Specification, “Not guilty.”
Of the 31st Specification, “Guilty."
Of the CHARGE,

"Guilty."

Charge II. Of the 1st Specification, “Guilty." Of the 2d Specification, “Guilty.” Of the 3d Specification, “Guilty."

Of the 4th Specification, “Guilty, except the words in the uniform of an officer of the United States Army' and of the excepted words not guilty.”

Of the 5th Specification, “Guilty, except the words in the uniform of an officer of the United States Army'and ‘in night dress and' and of the excepted words not guilty.”

Of the 6th Specification, “Guilty, except the words 'and particularly on the 10th, 11th, 17th, and 220 days of August, 1904,' substituting therefor the words between August 8th, 1904, and September 1st, 1904;' of the excepted words not guilty, of the substituted words guilty.”

Of the 7th Specification, “Guilty."
Of the CHARGE,

"Guilty.”

SENTENCE. And the court does therefore sentence him, Captain George W. Kirkman, 25th U. S. Infantry, To be dismissed from the service of the United States and to be confined at hard labor in such penitentiary as the reviewing authority may direct for the period of two (2) years."

The record of the proceedings of the general court-martial in the foregoing case of Captain George W. Kirkman, 25th Infantry, having been subinitted to the President, the following are his orders thereon:

THE WHITE HOUSE, June 15, 1905. The sentence in the foregoing case of Captain George W. Kirkman, 25th Regiment of Infantry, is approved and will be carried into execution.

THEODORE ROOSEVELT. The United States Penitentiary at Fort Leavenworth, Kansas, is vlesignated as the place for his confinement. (1026516, M. S. .)

II. Before a general court martial which convened at Fort Niobrara. Nebraska, pursuant to Special Orders, No. 47, March 13. 1905, Department of the Missouri, and of which Colonel EDWARD B. Pratt, 30th Infantry, was president, and 1st Lieutenant BEVERLY A. READ, 6th Cavalry, judge advocate, was arraigned and tried

Captain George W. Kirkman, 25th Infantry. CHARGE I.-"Conduct unbecoming an officer and a gentle.

man, in violation of the 61st Article of War." (Two specifications.) CHARGE II.—"Conduct to the prejudice of good order and

military discipline, in violation of the 620 Article of War." (Two specifications.) To which charges and specifications the accused pleaded as follows:

Charge 1.
To the 1st Specification, “Not guilty.”
To the 2d Specification, Not guilty.”
To the CHARGE,

Not guilty.”

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Charge II.
To the 1st Specification, Not guilty.”
To the 2d Specification, “Not guilty.”
To the CHARGE,

“Not guilty.”
FINDINGS.

Charge I.
Of the 1st Specification, "Not guilty."

Of the 20 Specification, “Guilty, except the words 'did break said arrest,' substituting therefor the words 'did leave the limits of his arrest;' of the excepted words not guilty, of the substituted words guilty." Of the ChaRGE, "Guilty."

Charge 11. Of the 1st Specification, “Guilty.” Of the 2d Specification, “Guilty." Of the CHARGE,

“Guilty."

SENTENCE. And the court does therefore sentence him, Captain George W'. Kirkman, 25th Infantry.To be dismissed from the service of the United States and to be confined at hard labor at such place as the reviewing authority muy direct for the period of one (1) year."

The record of the proceedings of the court-martial in the foregoing case of Captain George W. Kirkman, 251h Infantry, having been submitted to the President, the following are his orders thereon:

THE WHITE HOUSE, June 15, 1905. The sentence in the foregoing case of Captain George II. kirkman. 3th Regiment of Infantry. is approved and will be carried into execution.

THEODORE ROOSEVELT. Captain Kirkman ceases to be an officer of the Ariny from June 17, 1905. The United States Penitentiary at Fort Leavenworth, Kansas, is designated as the place for his confinement.

(1026517. M. S. 0.) BY ORDER OF THE SECRETARY OF WAR:

ADNA R. CHAFFEE,

Lieutenant General, Chief of Staff. OFFICIAL: F. C. AINSWORTH,

The Military Secretary.

No. 96.

WASHINGTON, June 19, 1905. The following Executive order is published for the information and guidance of all concerned:

THE WAITE HOUSE, June 12, 1905. The Executive order, dated March 26, 1901, establishing limits of punishment for enlisted men of the Army, under an act of Congress approved September 27, 1890, and which was published in General Orders. No. 42, Headquarters of the Army, Adjutant General's Office, March 26, 1901, is amended so as to prescribe as follows:

ARTICLE I. In all cases of desertion the sentence may include dishonorable discharge and forfeiture of pay and allowances.

Subject to the moditications authorized in section 3 of this article, the limit of the term of confinement (at hard labor) for desertion shall be as follows:

SECTION 1. In case of surrender

(a) When the deserter surrenders himself after an absence of not more than thirty days, one year.

(0) When the surrender is made after an absence of more than thirty days, eighteen months.

SEC. 2. In case of apprehension —

(a) When at the time of desertion the deserter shall not have been more than six months in the service, eighteen months.

(6) When he shall have been more than six months in the service, two and one-half years.

SEC, 3. The foregoing limitations are subject to modification under the following conditions:

(a) The punishment of a deserter may be increased by one year of con. finement at hard labor in consideration of each previous conviction of desertion.

(6) The punishment for desertion when joined in by two or more soldiers in the execution of a conspiracy, or for desertion in the presence of an outbreak of Indians or of any unlawful assemblage which the troups may be opposing, shall not exceed dishonorable discharge, forfeiture of all pay and allowances, and confinement at hard labor for five years.

ARTICLE II. Except as herein otherwise indicated, punishments shall not exceed the limits prescribed in the following table:

Offenses.

Limits of punishment.

UNDER 17TH ARTICLE OF WAR.

Selling horse or arms, or both... Dishonorable discharge, forfeiture of

all pay and allowances, and confine

ment at hard labor for three years. Selling accoutrements

Four months'confinementat hard labor

and forfeiture of $10 per month for the same period: for noncommissioned ofcer, reduction in addition thereto. finement at hard labor; for noncom missioned officer, reduction in addi.

Offenses.

Limits of punishment

UNDER 17TH ARTICLE OF WAR

Continued.

Selling clothing

Three months' confinement at hand

la bor and forfeiture of $10 per month for the same period; for noncommissioned officer, reduction in addition

thereto. Losing or spoiling horse or arms Four months'confinement at hard labor through neglect.

and forfeiture of $10 per month for the 1 same period, for noncommissioned

ofcer, reduction in addition thereto. Losing or spoiling accoutrements. One month's confinement at hard la bor or clothing through neglect. and forfeiture of $10; for noncommis

sioned officer, reduction in addition thereto.

UNDER 20TH ARTICLE OF WAR. Behaving himself with disre. ' Six months' confinement at han la bor spect to his commanding officer. and forfeiture of $10 per month for the

same period: for noncommissioned

officer, reduction in addition thereto. UNDER 24TH ARTICLE OF WAR. Refusal to obey or using violence Dishonorable discharge, with forfeiture

to officer or noncommissioned of all pay and allowances and confine officer while quelling quarrels ment at hard labor for two years. or disorders, UNDER 32D ARTICLE OF WAR. Absence without leave*,

One hour or less

Forfeiture of $1; corporal. $2; sergeant,

$3: 1st sergeant or noncommissioned

officer of higher grade. $. For more than one to six Forfeiture of 2: corporal. $3: serzeadt, hours, inclusive.

#4: Ist sergeant or noncommissioned

officer of higher grade. $5. For more than six to twelve Forfeiture of $3; corporal, $i sergeant. hours, inclusive.

$6; Ist sergeant or noncommissioned

officer of higher grade, $i. For more than twelve to Forfeiture of $; corporal. $6: sergeant,

twenty-four hours, inclu- $7; 1st sergeant or noncommissioned sive.

officer of higher grade, $10. For more than twenty-four to Forfeiture of $5 and five days' confineforty-eight hours, inclusive. ment at hard labor. For corporale

forfeiture of $e; sergeant. $10: 150 sergeant or noncommissioned officer of higher grade, *12; or, for all.n0u.

commissioned omcers, reduction For more than two to ten Forfeiture of $10 and ten days' contine: days, inclusive.

ment at hard la bor; for noncommis: sioned officer, reduction in addition

thereto. For more than ten to thirty i Forfeiture of $30 and one month's condays, Inclusive.

tion thereto. For more than thirty to Dishonorable discharge and forfeiture ninety days, inclusive.

of all pay and allowances, and three

months' continement at hard labor. *Upon trial for desertion and conviction of absence without leave onls; the court may, in addition to the limit prescribed for such absenoe, awarl a stoppage of the amount paid as reward for the apprehension and delivers of the accused to the military authorities.

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