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No. 33.

ADJUTANT GENERAL'S OFFICE,

Washington, March 14, 1901.

Before a general court-martial which convened at New York City, New York, pursuant to Special Orders, No. 25, Department of the East, February 1, 1901, and of which Colonel HENRY C. HASBROUCK, 7th Artillery, was president, and Captain WM. H. COFFIN, 5th Artillery, was judge advocate, was arraigned and tried

Captain Samuel K. Schwenk, U. S. Army, retired.

CHARGE I.-"Conduct unbecoming an officer and a gentleman, in violation of the 61st Article of War."

Specification 1st-"In that Captain Samuel K. Schwenk, U. S. Army, retired, having, on or about the 25th day of February, 1899, executed and transferred to the First National Bank of Bound Brook, New Jersey, his vouchers for pay as an officer of the Army of the United States for the month of February, 1899, amounting to one hundred and seventy-five dollars, did also execute and, on or about the 26th day of February, 1899, transfer to Byron A. Beal, esq., of New York City, other vouchers for pay as an officer of the Army of the United States for the said month of February, 1899, amounting to one hundred and seventy five dollars, which transaction was fraudulent, and known by him to be fraudulent, he having previously transferred his vouchers for pay for February, 1899, as aforesaid."

Specification 2d—“In that Captain Samuel K. Schwenk, U. S. Army, retired, having, on or about the 25th day of April, 1899, executed and transferred to the First National Bank of Bound Brook, New Jersey, his vouchers for pay as an officer of the Army of the United States for the month of April, 1899, amounting to one hundred and seventy-five dollars, did also execute and, on or about the 26th day of April, 1899, transfer to Byron A. Beal, esq., of New York City, other vouchers for pay as an officer of the Army of the United States for the said

month of April, 1899, amounting to one hundred and seventy-five dollars, which transaction was fraudulent, and known by him to be fraudulent, he having previously transferred his vouchers for pay for April, 1899, as aforesaid."

CHARGE II. "Making and causing to be presented a false and fraudulent claim against the United States, in violation of the 60th Article of War."

Specification 1st-"In that Captain Samuel K. Schwenk, U. S. Army, retired, having executed and, on or about the 25th day of February, 1899, transferred his vouchers for pay as an officer of the Army of the United States for the month of February, 1899, amounting to one hundred and seventy-five dollars, to the First National Bank of Bound Brook, New Jersey, and having caused the same to be presented for payment to Lieutenant Colonel C. I. Wilson, deputy paymaster general, U. S. Army, at New York City, did, on or about the 26th day of February, 1899, wrongfully duplicate his account for said pay and transfer a second voucher for the same to Byron A. Beal, esq., of New York City, certifying that the amount charged therein was correct and just, and cause the same to be presented for payment to the said Lieutenant Colonel Wilson, at said place, whereby he did knowingly make and cause to be presented a false and fraudulent claim against the United States."

Specification 2d-"In that Captain Samuel K. Schwenk, U. S. Army, retired, having executed and, on or about the 25th day of April, 1899, transferred his vouchers for pay as an officer of the Army of the United States for the month of April, 1899, amounting to one hundred and seventy-five dollars, to the First National Bank of Bound Brook, New Jersey, and having caused the same to be presented for payment to Lieutenant Colonel C. I. Wilson, deputy paymaster general, U. S. Army, at New York City, did, on or about the 26th day of April, 1899, wrongfully duplicate his account for said pay and transfer a second voucher for the same to Byron A. Beal, esq., of New York City, certifying that the amount charged therein was correct and just, and cause the same to be presented for payment to said Lieutenant

Colonel Wilson, at said place, whereby he did knowingly make and cause to be presented a false and fraudulent claim against the United States."

ADDITIONAL CHARGE I.-"Conduct unbecoming an officer and a gentleman."

Specification 1st-"In that Captain Samuel K. Schwenk, U. S. Army, retired, having at New York, N. Y., on or about October 31, 1900, executed and transferred to Byron A. Beal, esq., No. 120 Broadway, New York, his account and claim for pay as an officer of the Army of the United States for the month of October, 1900, amounting to one hundred and seventy-five dollars, did, notwithstanding, subsequently at New York, N. Y., on or about the 1st of November, 1900, make and transfer to one E. S. Farrow 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, as aforesaid, which transaction was fraudulent and known by the said Captain Schwenk to be fraudulent." Specification 2d-"In that Captain Samuel K. Schwenk, U. S. Army, retired, having at New York, N. Y., on or about October 31, 1900, executed and transferred to Byron A. Beal, No. 120 Broadway, New York, his account and claim for pay as an officer of the Army of the United States for the amount of one hundred and seventy-five dollars, and having executed and transferred to one E. S. Farrow at New York, N. Y., on or about the 1st of November, 1900, a second and duplicate account and claim for the same month and for the same amount as aforesaid, did, notwithstanding, subsequently make, endorse in blank, and issue, at New York, N. Y., on or about November 1, 1900, a third and triplicate account and claim for his pay as an officer of the United States Army, for the same month and for the same amount, and make thereon the following certificate, to wit:

I certify that the amount charged in the foregoing account is correct and just.

SAMUEL K. SCHWENK,
Captain, U. S. Army.

which said account and certificate thereon was false and known by him, the said Captain Schwenk, to be false."

ADDITIONAL CHARGE II.-"Violation of the 60th Article of War."

Specification 1st-"In that Captain Samuel K. Schwenk, U.S. Army, retired, having executed and, on or about the 31st day of October, 1900, transferred his account and claim for pay as an officer of the Army of the United States for the month of October, 1900, amounting to one hundred and seventy-five dollars, to Byron A. Beal, esq., No. 120 Broadway, New York, N. Y., the same having been paid by Colonel C. I. Wilson, assistant paymaster general, U. S. Army, at New York, N. Y., on the 31st of October, 1900, did, notwithstanding, subsequently make, transfer to one E. S. Farrow, and cause to be presented to Colonel C. I. Wilson, assistant paymaster general, U. S. Army, for payment, at New York, N. Y., on or about the 1st of November, 1900, a second and duplicate account and claim for pay as an officer of the United States Army, for the same month and for the same amount as aforesaid, he, the said Captain Schwenk, well knowing that said claim was false and fraudulent.” Specification 2d-"In that Captain Samuel K. Schwenk, U. S. Army, retired, having executed and, on or about the 31st of October, 1900, transferred his account and claim for pay as an officer of the United States Army, for the month of October, 1900, amounting to one hundred and seventy-five dollars, to Byron A. Beal, No. 120 Broadway, New York, N. Y., the same having been paid by Colonel C. I. Wilson, assistant paymaster general, U. S. Army, at New York, N. Y., on or about October 31st, 1900, and having executed and transferred to one E. S. Farrow at New York, N. Y., on or about the 1st of November, 1900, a second and duplicate account and claim for the same month and the same amount as aforesaid, did, notwithstanding, subsequently make, endorse in blank, and cause to be presented to Col. C. I. Wilson, assistant paymaster general, U. S. Army, for payment at New York, N. Y., on or about November 1, 1900, a third and triplicate account and claim for pay as an officer of the United States Army, for the same month and for the same amount as aforesaid, he, the said Captain Schwenk, well knowing that the said claim was false and fraudulent."

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