Specification 3d-"In that Captain David B. Mulliken, 27th U. S. Infantry, did sign and submit for the information of the War Department his personal efficiency report for the year ending June 30th, 1903, to become a part of his official record, in which he stated that he was single, whereas he was married to Regina Batismo, a native Filipina, prior to and at the date said report was rendered. This at or near Iloilo, Panay, Philippine Islands, on or about July 1st, 1903."

To which charges and specifications the accused pleaded as follows:

Charge I.

To the 1st Specification, "Guilty, except the words 'for value received,' on the second line of the first specification; and the words 'well knowing at the time he presented such second account and claim that it was false and fraudulent,' on the 10th, 11th and 12th lines of the first specification."

To the 2d Specification, “Guilty, except the words 'for value received,' on the second line of the second specification; and the words 'well knowing at the time he presented such second account and claim that it was false and fraudulent,' on the 10th, 11th and 12th lines of the second specification." To the CHARGE, "Not guilty."

Charge II.

To the 1st Specification, "Guilty, except the words 'for value received,' on the second line of the first specification, and the words 'well knowing at the time he presented such second account and claim that it was false and fraudulent,' on the 10th, 11th and 12th lines of the 1st specification.”

To the 2d Specification—“Guilty, except the words 'for value received,' on the second line of the second specification, and the words 'well knowing at the time he presented such second account and claim that it was false and fraudulent,' on the 10th, 11th and 12th lines of the second specification." To the CHARGE, “Not guilty."

Additional Charge.

To the 1st and 2d Specifications the accused pleaded the statute of limitations in bar of trial.

To the 3d Specification and CHARGE the accused submitted a special plea in bar of trial to the effect that the copy of the alleged certificate of marriage is false, fraudulent and void, and otherwise informal, erroneous, and contrary to law; that the defendant could not have a fair trial because of not having any opportunity to disprove testimony of witnesses by official records in the Philippine Islands, and because of not being first permitted to have the validity of the alleged marriage contract determined by a civil court; and that one of the parties to the alleged marriage ceremony had been married

previously and had never been divorced, and that her husband was living at the time of the alleged marriage contract.

The plea to the first and second specification was sustained by the court, and the plea to the third specification and additional charge was overruled. The accused thereupon pleaded to the merits of the third specification and additional charge as follows:

Of the 1st Specification, "Stricken out on plea in bar of trial under the statute of limitations."

Of the 2d Specification, "Stricken out on plea in bar of trial under the statute of limitations."

Of the 3d Specification, "Guilty."

And the court does therefore sentence him, Captain David B. Mulliken, 27th Infantry, "To be dismissed the service of the United States."

The record of the proceedings of the general court-martial in the foregoing case of Captain David B. Mulliken, 27th Infantry, having been submitted to the President, the following are his orders thereon:

THE WHITE HOUSE, February 15th, 1905. In the foregoing case of Captain Darud B. Mulliken, 27th Infantry, U. S. Army, the sentence is confirmed and will be duly executed.

THEODORE ROOSEVELT.

Captain Mulliken ceases to be an officer of the Army from February 18, 1905. [977933, M. S. O.]

BY ORDER OF THE SECRETARY OF WAR:

OFFICIAL:

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

F. C. AINSWORTH,

The Military Secretary.

No. 29.

WASHINGTON, February 20, 1905.

Before a general court-martial which convened at Fort Lawton, Washington, pursuant to Special Orders, No. 7, Department of the Columbia, January 11, 1905, and of which Lieutenant Colonel FRANK TAYLOR, 19th Infantry, was president, and 1st Lieutenant WILLIAM TAYLOR, battalion adjutant, 10th Infantry, was judge advocate, was arraigned and tried

Second Lieutenant Paul H. McDonald, 10th Infantry. CHARGE I." Conduct unbecoming an officer and a gentleman, in violation of the 61st Article of War."

Specification 1st-"In that 2d Lieutenant Paul H. McDonald, 10th Infantry, having received from his commanding officer, Colonel Charles H. Noble, 10th infantry, commanding at Fort Lawton, Washington, a certain communication in writing in the following words and figures, to wit:

FORT LAWTON, WASHINGTON, October 26th, 1904. 2d Lieutenant P. H. McDonald, 10th Infantry, Fort Lawton, Washington.

SIR:

The commanding officer directs that you explain, by indorsement hereon, the cause of your absence from drill this morning. Very respectfully, (Signed) J. T. DEAN,

Captain and Adjutant, 10th Infantry, Adjutant. did return said communication with the following false statement indorsed and written thereon by himself, in words and figures, to wit:

1st Indorsement.

FORT LAWTON, WASHINGTON, October 27th, 1904. Respectfully returned to the Adjutant, Fort Lawton, with the information that my absence from drill on the occasion referred to within was due to the fact that I overslept myself.

(Signed)

PAUL H. McDONALD,

2d Lieutenant, 10th Infty.

which statement, that his, Lieutenant McDonald's, absence from the drill, on the occasion referred to,

MAR 18 R64

was due to the fact that he had overslept himself, was false, was by him, the said Lieutenant McDonald, well known to be false and was made with the intent to deceive his said commanding officer, he, the said Lieutenant McDonald, well knowing that his said absence from drill was not due to his having overslept himself, but due to the fact that he was not in the post of Fort Lawton at the commencement of the said drill.

This at Fort Lawton, Washington, on the 27th day of October, 1904."

Specification 2d-" In that 2d Lieutenant Paul H. McDonald, 10th Infantry, having received from his commanding officer, Colonel Charles H. Noble, 10th Infantry, commanding at Fort Lawton, Washington, a communication in writing wherein Lieutenant McDonald was directed to state by indorsement thereon his whereabouts during the drill hour on October 26th, 1904, did indorse and write thereon over his official signature the following, to wit:

'When I reached Fort Lawton it was about eight twenty or eight thirty, I was therefore too late for drill, I immediately reported to Major Moon, and to my company commander,' referring to the morning of October 26th, 1904, which statement that he, Lieutenant McDonald, had reached the post at 8.20 or 8.30 a. m. and had immediately reported to Major Moon, was false, and by him, Lieutenant McDonald, well known to be false, and was made with intent to deceive his said commanding officer, the fact being that he, the said Lieutenant McDonald, had reached the post of Fort Lawton at about 9.30 a. m. and reported to Major Moon at about 10.00 a. m.

This at Fort Lawton, Washington, on the 27th day of October, 1904."

Specification 3d-“In that 2d Lieutenant Paul H. McDonald, 10th Infantry, has, since the 9th day of October, 1903, contracted the following debts, viz:

With the Salinger Clothing Company at Leavenworth, Kansas, on or about October 9th, 1903, $50.00;

with the United Loan & Trust Company at San Francisco, California, between the dates February 1st, 1904, and May 30th, 1904, $300.00; with the Puget Sound National Bank at Seattle, Washington, on or about September 13th, 1904, $60.00; with Joliffe & Company at Seattle, Washington, on or about September 8th, 1904, $4.50; with W. E. Beaman at New York City, on or about September 15th, 1904, $50.00; with the Seattle National Bank at Seattle, Washington, between the dates October 1st, 1904, and November 12th, 1904, $S90.35; with Montana Stables at Seattle, Washington, between the dates September 1st, 1904, and October 31st, 1904, $24.75; with Barbour & Company at Interbay, Washington, between the dates August 1st, 1904, and October 10th, 1904, $5.73; with E. W. Herald at Seattle, Washington, on or about September 20th, 1904, $52.50; with Frederick & Nelson at Seattle, Washington, between the dates July 20th, 1904, and July 30th, 1904, $125.80; with McCarthy Dry Goods Co., at Seattle, Washington, between the dates July 20th, 1904, and August 10th, 1904, $24.90; with McDougall & Southwick Company at Seattle, Washington, on or about August 30th, 1904, $22.20; with H. F. Bennett at Seattle, Washington, between the dates July 20th, 1904, and August 30th, 1904, $27.25; with Dimock and Pendleton at Seattle, Washington, between the dates September 1st, 1904, and November 12th, 1904, $89.50; with the Hotel Butler Company at Seattle, Washington, between the dates July 20th, 1904, and November 11th, 1904, $58.50; with J. H. Castberg at Interbay, Washington, between the dates September 1st, 1904, and November 11th, 1904, $135.00; with Charles H. Gray at Seattle, Washington, on or about November 2d, 1904, $340.00; with Mrs. A. E. Gilbert at Seattle, Washington, on or about November 6th, 1904, $160.00; with the Broadway Stables at Seattle, Washington, between the dates October 1st, 1904, and November 30th, 1904, $24.25; with Studebaker