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To which charges and specifications the accused pleaded as follows:

To the Charge and to the Specifications of the Charge, "Not Guilty."

To the Additional Charge and to the Specifications thereof, "Guilty."

FINDINGS.

Of the Charge and of the 1st and 4th Specifications thereof, "Guilty."

Of the 2d and 3d Specifications, "Not Guilty."

Of the Additional Charge and of the Specifications thereof, "Guilty."

SENTENCE.

"To be dismissed the service of the United States."

The sentence having been approved by the convening authority and the record of trial forwarded for the action of the President under the 106th Article of War, the following are his orders thereon:

THE WHITE HOUSE, Washington, July 19, 1915.

The sentence of the general court-martial in the foregoing case of Captain Edgar W. Miller, Medical Corps, is confirmed, but is commuted to the loss of fifty files on the lineal list of captains of the Medical Corps.

[2246954, A. G. O.]

BY ORDER OF THE SECRETARY OF WAR:

WOODROW WILSON.

H. L. SCOTT,

Major General, Chief of Staff.

OFFICIAL:

H. P. MCCAIN,

The Adjutant General.

GENERAL ORDERS,
No. 45.

}

WAR DEPARTMENT,
WASHINGTON, July 26, 1915.

Before a general court-martial which convened at Tientsin, China, pursuant to Special Orders, No. 32, Philippine Department, February 8, 1915, and of which Maj. FRED W. SLADEN, 15th Infantry, was president, and First Lieut. BENJAMIN F. CASTLE, 15th Infantry, judge advocate, was arraigned and tried

First Lieut. Robert G. Caldwell, 15th Infantry.

CHARGE I.-"Drunkenness on duty, in violation of the 38th Article of War."

Specification.-"In that First Lieutenant Robert G. Caldwell, 15th Infantry, U. S. Army, being in command of Company I, 15th Infantry, U. S. Army, and the Hanku-Tongshan District, China, was found drunk. This at Tongshan, China, on the second day of December, 1914."

CHARGE II.-"Conduct to the prejudice of good order and military discipline, in violation of the 62nd Article of War." Specification. "In that First Lieutenant Robert G. Caldwell, 15th Infantry, U. S. Army, while in command of Company I, 15th Infantry, U. S. Army, and the Hanku-Tongshan District, China, and while drunk, did fire a loaded revolver in the yard of his quarters, and did cause his Chinese No. 1 boy, Shao, to fire a loaded revolver in the yard of his, (First Lieutenant Robert G. Caldwell's), quarters, thereby frightening and terrifying his, (First Lieutenant Robert G. Caldwell's), Chinese servants. This at Tongshan, China, about 8:30 p. m. on the second day of December, 1914."

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

Specification 1.-"In that First Lieutenant Robert G. Caldwell, 15th Infantry, having been furnished by his Commanding Officer, Colonel John C. F. Tillson, 15th Infantry, with the following unfavorable entry of fact on his efficiency report for the year, 1914, to wit:

'H. Has he been given to habits of intemperance at any time during the period covered by this report? If so, state particulars. (Fact.)

2. Yes. His trial by General Court-Martial for drunkenness on duty has been recommended. The particulars are

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set forth in the charges and specifications, a copy of which is hereto attached' did make the following written statement in reply thereto: 'I have not been given to habits of intemperance at any time during the period covered,' which statement is false and known by the said First Lieutenant Robert G. Caldwell to be false. This at Tientsin, China, on the 12th day of January, 1915."

Specification 2.—“In that First Lieutenant Robert G. Caldwell, 15th Infantry, having been furnished by his Commanding Officer, Colonel John C. F. Tillson, 15th Infantry, with the following unfavorable entry of fact on his efficiency report for the year 1914, to wit:

'I. Was this officer the subject of any disciplinary measure during the period covered by this report? If so, state the nature of same and the circumstances attending it. (Fact.)

2. Yes. He was placed in arrest on Dec. 6, 1914, and is now in arrest awaiting trial. On Dec. 5, 1914, he was relieved from command of his company and the district along the railroad occupied by his company for misconduct alleged in charges, copy herewith.

P. Has he been specially mentioned, favorably or unfavorably, in official reports of commanding officers during this period? If so, state report. (Fact.)

2. Yes, in charges, (copy herewith) forwarded by me to Comdg. Gen., Phil. Dept., did make the following written statement in reply thereto: ""The answers to I and P are matters of fact, that they are so, is due to insufficient investigation of the charges referred to and the consequent misuse of the power vested in the Commanding Officer,' which statement is an insubordinate, false and malicious criticism of his Commanding Officer, Colonel John C. F. Tillson, 15th Infantry. This at Tientsin, China, on the 12th day of January, 1915."

To which charges and specifications the accused pleaded as follows:

To the Specification, 1st Charge, and to the 1st Charge, "Not Guilty."

To the Specification, 2d Charge, and to the 2d Charge, "Not Guilty."

To the 1st Specification, Additional Charge: "Guilty, except the words 'which statement is false and known by the

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said First Lieutenant Robert G. Caldwell to be false'; to the excepted words, 'Not Guilty'".

To the 2d Specification, Additional Charge: "Guilty, except the words 'which statement is an insubordinate, false and malicious criticism of his commanding officer, Colonel John C. F. Tillson, 15th Infantry,' to the excepted words 'Not Guilty.'

To the Additional Charge, "Not Guilty."

FINDINGS.

Of the Specification, 1st Charge, and of the 1st Charge, "Guilty."

Of the Specification, 2d Charge, and of the 2d Charge, "Guilty."

Of the Specifications, Additional Charge, and of the Additional Charge, "Guilty."

SENTENCE.

"To be dismissed the service of the United States."

The sentence having been approved by the convening authority and the record of trial forwarded for the action of the President, under the 106th Article of War, the following are his orders thereon:

THE WHITE HOUSE, Washington, 20 July, 1915.

In the foregoing case of First Lieutenant Robert G. Caldwell, Fifteenth Infantry, as the allegations upon which the charges are based are not, in my opinion, proved beyond a reasonable doubt, I withhold approval of the sentence and direct that he be released from arrest and returned to duty. WOODROW WILSON.