GENERAL COURT-MARTIAL ORDERS, No. 102. HEADQUARTERS OF THE ARMY, Washington, October 15, 1885. I.. Before a general court-martial which convened at Jefferson Barracks, Missouri, pursuant to Special Orders, No. 87, dated April 16, 1885, and No. 152, dated July 6, 1885, Headquarters of the Army, Adjutant General's Office, Washington, District of Columbia, and of which Major JOHN K. MIZNER, 4th Cavalry, is president, was arraigned and tried Lance Sergeant Johan L. Van Beek, General Mounted Service U. S. Army. CHARGE. "Conduct to the prejudice of good order and military discipline, in violation of the 62d Article of War." Specification 1st-"In that Lance Sergeant Johan L. Van Beek, General Mounted Service U. S. Army, did, while on duty at the recruiting rendezvous at Detroit, Michigan, compel Recruit Mark Gardner, General Mounted Service U. S. Army, to sell his citizen clothes, valued at forty-nine (49) dollars and thirty (30) cents, more or less, for the sum of two (2) dollars and fifty (50) cents, and did refuse to let the said Mark Gardner send the clothing to his home, and did use abusive language towards him. This at or near Detroit, Michigan, on or about August 5 and 6, 1885.” Specification 2d-"In that Lance Sergeant Johan L. Van Beek, General Mounted Service U. S. Army, did, while on duty at the recruiting rendezvous at Detroit, Michigan, compel Recruit George Smith, General Mounted Service U. S. Army, to sell his citizen clothes, valued at eighteen (18) dollars and fifty (50) cents, more or less, for the sum of fifty (50) cents, and did refuse to let the said George Smith send the clothing to his home, and did use abusive language towards him. This at or near Detroit, Michigan, on or about August 7, 1885." Specification 3d-"In that Lance Sergeant Johan L. Van Beek, General Mounted Service U. S. Army, did, while on duty at the recruiting rendezvous at Detroit, Michigan, compel Recruit Alexander J. Bryer, General Mounted Service U. S. Army, to sell his citizen clothes, valued at ten (10) dollars, more or less, for the sum of two (2) dollars, and did refuse to let the said Alexander J. Bryer dispose of his clothing to another man for a greater amount, and did use abusive language towards the said Bryer. This at or near Detroit, Michigan, on or about August 7, 1885." Specification 4th-"In that Lance Sergeant Johan L. Van Beek, Gen. eral Mounted Service U. S. Army, did, while on duty at the recruiting rendezvous at Detroit, Michigan, compel Recruit Jacob Weiss, General Mounted Service U. S. Army, to sell his citizen clothes, valued at eight (8) dollars, more or less, for the sum of two (2) dollars and fifty (50) cents. This at or near Detroit, Michigan, on or about August 11, 1885." And the court does therefore sentence him, Lance Sergeant Joha L. Van Beek, General Mounted Service U. S. Army, "To forfeit t the United States ten (10) dollars per month of his pay for the period of three (3) months." II. The proceedings, finding, and sentence of the general courtmartial in the foregoing case of Lance Sergeant Johan L. Fan Beck, General Mounted Service U. S. tence will be duly executed. Army, are approved, and the ser BY COMMAND OF LIEUTENANT GENERAL SHERIDAN: OFFICIAL: R. C. DRUM, Adjutant General. Assistant Adjutant General. GENERAL COURT-MARTIAL ORDERS, NO. 103. HEADQUARTERS OF THE ARMY, Washington, October 21, 1885. I.. Before a general court-martial which convened at Willets Point, New York Harbor, pursuant to Special Orders, No. 229, Headquarters of the Army, Adjutant General's Office, October 6, 1885, and of which Captain PHILIP M. PRICE, Corps of Engineers, is president, were arraigned and tried 1. Private William Hadnett, Company K, 9th Infantry, alias 2d Class Private William Carroll, Company A, Battalion of Engineers U. S. Army. CHARGE.-" "Desertion." Specification-"In that he, Private William Hadnett, Company K, 9th Infantry, a duly enlisted soldier, did desert the military service of the United States about May 17, 1881, at Fort Omaha, Nebraska, and did remain absent until apprehended as a deserter about August 10, 1885, at Willets Point, New York, while serving as 2d Class Private William Carroll, in Company A, Battalion of Engineers." PLEA. To the Specification, “Guilty, except the words '2d Class,' substituting therefor the words '1st Class,' and of the excepted words not guilty, and of the substituted words guilty." To the CHARGE, "Guilty." FINDING. Of the Specification, “Guilty, except the words '2d Class,' substituting therefor the words '1st Class;' of the excepted words not guilty, and of the substituted words guilty." Of the CHARGE, "Guilty." SENTENCE. And the court does therefore sentence him, Private William Hadnett, Company K, 9th Infantry, "To be confined at hard labor at such a place as the reviewing authority may direct for the period of two (2) years. The court is thus lenient in view of faithful service before and after desertion and the good character of the accused.” 2. 2d Class Private James Butler, Company B, Battalion of Engineers U. S. Army. CHARGE."Conduct to the prejudice of good order and military discipline, in violation of the 62d Article of War." Specification 1st-"In this: that 2d Class Private James Butler, Company B, Battalion of Engineers, having been sent as a member of the detachment, Battalion of Engineers, to assist the civil authorities of Astoria, Long Island, in the preservation of order and in the protection of the citizens from danger on the event of the Flood Rock explosion, did become drunk to such an extent as to be unable properly to perform his duties. This at Astoria, Long Island, on October 10, 1885.” Specification 2d—"In this: that 2d Class Private James Butler, Company B, Battalion of Engineers, having been placed under charge of the guard by the commander of the detachment, did resist the sergeant of the guard in the execution of his duties, using foul and abusive language to said sergeant, and did create such a disturbance that it became necessary to have him confined in the police station-house of Astoria, to the scandal of the United States service. This at Astoria, Long Island, on the 10th of October, 1885.” Specification 3d—“In this: that 2d Class Private James Butler, Company B, Battalion of Engineers, did attempt to break guard on the occasion of the departure of the detachment, Battalion of Engineers, from Astoria, Long Island, by jumping from the dock into the East River. This near Astoria, Long Island, on October 10, 1885." SENTENCE. And the court does therefore sentence him, 2d Class Private James Butler, Company B, Battalion of Engineers, "To be confined at hard labor under charge of the post guard for a period of four (4) months, and to forfeit to the United States ten dollars ($10) per month of his pay for the same time." II.. The proceedings, finding, and sentence of the general courtmartial in the foregoing case of 2d Class Private James Butler, Company B, Battalion of Engineers U. S. Army, are approved, and the sentence will be duly executed. In the case of Private William Hadnett, Company K, 9th Infantry, the proceedings and finding are approved. The sentence is disapproved, for the reason that confinement at hard labor on full pay is not considered a proper punishment. Moreover, the Lieutenant General is of opinion that the better practice is for a court-martial to award punishment appropriate to the offense established, leaving it to the reviewing authority, in the exercise of his vested powers, to take into consideration previous good character. Private Hadnett will be returned to duty. III..The general court-martial of which Captain PHILIP M. PRICE, Corps of Engineers, is president is hereby dissolved. BY COMMAND OF LIEUTENANT GENERAL SHERIDAN: OFFICIAL: R. C. DRUM, Adjutant General. Assistant Adjutant General. |