The New York herald., 1870-01-22
NAVAL FRAUDS.
An Indignant Embezzlor-Paymasters Clerk
Bogarrs Court Martial Ordor-Interest-
ing Correspondence and Throat
ened Revelations

TIE following correspondence and court martial
order from the Navy Department show that Bosart
the paymaster's clerk VINO was tried last July on
charges OF THEFT fraud and deseron, feels satisfied
with himself aud dissatisfied with the administra-
ton OF affairs on board the Vermont. Should he
fulfil tho threat conveyed in his letter 1t Is possible
that tho Navy Department uAy gain some valuable
Information in matters Of much public Interest,"
WASHINGTON, JAM TO- 1870.
TO THg EDITOR OF THE HERALD:-
Not lOug since there appeared In the New York
daily sun an article signed by one r. ID. Bogart en-
appeared as de.aulter 1 have since received from
the writer OF that article the following letter.
" WEST TWELFTH STREET.
NEW YORK, Jan. ~, ls70l
Paymaster A. j; cLAEx.-
n1Aa haye heard that yoa hay: made an effort 70
regard recent trial beg leave say II thai order
lowed by clear and dansd statement Of your whols ad
on board the Vermont you can Judge for your
licauons Very truly yours r. D. BOuAKr.
request that you publish general order No. 14s Of
as sufficient rcpy 10 both letter ana article Re-
SpeGttuly yours,
A. j. CLARK, Paymaster. q. S. Navy.
GENERAL ORDER NO. 143.
NAVY DEPARTMENT,
WASHINGTON, Oct. 25 1909. I
I.-Beioro General Court Martial convened at
dated July 81, 1909, OF which court Commodore A.
n pennocx, United States Navy, was president, was
upon the following charges and speciGcauons:-
CHARGE ]. .Steaing money OF the United
tes.n-SpccincluOn-"ln this, that on or about
the lst day or December 1868, X. ID. Boxart, wnio
serving a. paymaster's clerk on board the United
States receiving ship Vermont shen lying or near
the New iorK Navy Yard did steal from the safe IN
the Paymasters ollce OF said vessel sum Of money,
amounting 20 oooo or thereabouts, belonging TO
tho United States furnished for IN tho naval SER
VICE Ihersel tnereoy violating tho ACT OF Congress,
approved March 2, 1853, emitted An act to prevent
and punish frauds upon the government OF the
Upltou States
CHARGE 4 'Fraud n-Speciflca tion-'Tn this
masters clerk on board the United states receiving
ship Vermont, lying at or near tho Navy Yard, Now
YORK, ana, during tAe year 1858, 1t various times
make false en,res on the books OF tho paymaster
sald vessel, thereby defrauding tho United States"
CHAEaE 8. .Desertlon n"-spcclncation-"In this
that ABOUT the first day OF December 1858, the
said X. ID. Bo9art, whlio cmplOJed as paymaster's
clerk Oh board the United states RECEIVING snip Yer
mont NJ New York, ola desert from said vessel and
from the Navy Yard and did not return again until
brought on % board by a guard OF marinss. the 10th
day or July, 1927
10 these charges ana specifications the accused
pleaded mot guILy."
FINDrNG.--1he court upon full examination Of the
testimony ana due consideration OF the defence, dad
'.Inat the specification OF the lrst charge is
proved, except the amount OF $4,000 less amount
proved;' that the accused is glllLy OF the nrst
charge.
That the specification OF the second charge ia
proved; that the accused Is galty OF the second
charge.
lnaI the specification OF the tlird charge Is
proved; tnat the accused is guuty OF the third
charge.
sEsrEsoE.--"To be confined for three years IN such
penltcntisry or prison as the honorable secretary or
tle Navy may designate and at the expiration OF
said confinement TO forfeit oil pay and emouments
now due him OF that may hereafter become due him,
service OF the United States"
1.-the Secretary OF the Navy, after much con-
sIderatlon, icels compelled 20 dusapprove and set
ASIDE the proceedings, findings aud sentence In
Case.
H. D. Bogart the accused, ceased to be pay
IfArf Ia h.
acceptance Of his resignation, and tho ap
pointAens and qualification OF his successor,
ings were instituted. Unless, therefore, there bo
some ACT OF Congress applicable to his csso which
prolonged ais liability 70 military courts for military
vice. no was not subject to trial BY naval
tiai on charges preferred after that date.
Unfortunately there IL susa law applicable to
the second and third charges. For ..desertion,n
therefore, no was net triaDs BY tnS court nor was
he so triaDls fraud" as such, per ss and apart
from any OF that class Of offences whIen Include IL
And evcn II the c1me Of fraud had been an offence
embraced oy sns provision. q any Act o. Congress-
THIS case.
United States Bogart renamed Liable to De tried BY
court martial, under the act OF Congress above re-
lerred to Tor that act continues habaity for tnis
crime beyond the term OF service.
Unfortunately, however, the evidence In this case
ias utterly TO establish the offence charged, which
Il theft" IL tends to prove the other, end quite
distinct offence, OF embezzlement Upon that proof
the conviction was wrong because illegal. The
0nenccS OF theft and emkezzement aro quite dis
tinct In law AND the act OF Congress above referred
to enumerates Chem separately different offences;
and TO hold Bogars guilty OF theft because found
guilty OF cmbezzlement, would be to disregard gen.
era rules OF law established for the furtheraG 20 Of
justice, and binding upon all courts and revising
authorities.
the Secretary OF the Navy comes to these conclu.
sions very reluctantly, compelled by the conviction
that the safety OF judicial proceedings TO be found
only In the strict application OF general rules; and
that ne Is not authorized to substitute his individual
Will IN those where these rules fail BY reason
Of their generality.
The proceedings agalnss Bozart must. therefore,