Evening star. [volume] (Washington, D.C.) 1854-1972, 1873-02-11
THE CASE OF LIEUT.. COL. CHAS. II.
TOMPkENS. 500
Sentence of the Court Martial and
sharp Comments of the Secretary Of

war.
Before a general court-martial, which con-
ned at Prescott, Arizona territory, Septem-
her 18th, 1872, of which Col. Alvin C. GiIIem
was president, there was arraigned and tried
Lieut. Col. Charles IL. Tompkins, deputy quar-
termaster general, L. s. A., under the several
charges of "embez element to the prejudice OF
good order and military discipline, and in vio-
lation OF a certain act OF Congress for the pre-
vention OF Frauds and Of "conduct unbeeom-
ing an officer and gentleman" The court,
after hearing the evidence, came TO the conciu-
sion that the charges were only partially proven
ana s o ans
tenant Gel. Chas. IL. Tompkins, deputy quarter
master general, &c, to be suspended from rank
for the period of one year, fOrfeitug all pay fer
the same period, except SIS, a part of his
monthly pay, and to be reprimanded in general
Aorders."
The proceedings of the court have been pro-
mulgated by the War Department, in general or
ders No. 3, OF which the following is the con-
clusiOn: II,
1.-The proceedings in the foregoing case Of
Lieutenant Colonel Charlie, H. Tompkins, de-
putty quartermaster general Unted States army,
and the findings upon the first charge and its
specifications, and upon the third specification
of the second charge, are approved.
Regarding the Lroof under the second charge
it is to be Observed that there is dispute that
accused certified two accounts which were hc-
ttious in every particular as to which they were
required by regulations to correctly exhibit his
dis bursements-sO that, voucher, signed when
blank. but given as the acknowledgment of
the receipt OF three hundred and seventy-five
dollars. the price OF three horses, purchased by
the government, wasimade to represent a pur-
chase of lumber, at the cost OF seven hundred and
fifty dollars, when, In fact-as accused claimed d.
this sum was expended, not for lumber, but for
hardware; another voucher signed upon the
sale to the government, OF a small quantity of
forage, was in like manner, filled up, SO as show
the purchase OF lumber, for eight hundred and
twelve dollars.
And this mode of account was adopted with
no other motive than to conceal and evade CEN
sure or responsibility, for greater expenditure
in certain undertaking, than had been there
for duly authorized.
Obliged to recognize these facts which are
virtually confessed, the court qualify their
affirmation OF them by styling the accounts
rendered by accused incorrect" but not false
That an erroneous account might inadvcrtent-
ly be certified and no greater Otfense thereby
committed. than such neglect OF duty as should
he involved in the omission or proper care or
vigilance, can be readily understood: but how
in any fit use OF words, can il be said that an
officer OF the army can render an official account
tcfU lH0riRolts statements to be incorrect and
yet not utter a talsehoO?
In view OF the palpable contradiction, thus
indicated, the Secretary OF War was constrained
TO reconyene the court for revision on their
Judgment upon this charge.
They have however thought proper to adhere
TO Il, for the reason assigned, that there was no
conversion TO private use OF the public money
Tor which the vouchers in evidence accounted,
but that such money was expended for the gov
eminent.
This belief naturally induced their findings
upon the first charge, but could explain their
conclusions under the second, only the sup
position. that they hold that no Official tergver-
sation OF less crminalty than embezzlement is
conduct unbecOming an officer and gentle
man, in the meaning of the SD article of war.
This suppositiOn the Secretary OF War can
not entertain, but he is equally unable to view
with appreciation a Judgment evincing, at once,
such singular misspprehension of the plain
import OF the language in which it is expressed,
and. such a deplOrable mscOncepton of the
gravity OF the Of1enses it has ascertained.
The fragrant Inconsistency OF these findings,
end the lnadequacy of the sentence they sup
port, are deemed TO be suff GENTLY exposed and
condemned in their bare statement; but the oc-
casion dictates an admOntiOn that, should the
light and imperfect estimate which this court
have placed upon the obligation of officers to
render true accounts and certificates of dis
bursements often receive the sanction of conrts
martial, or ever become common in the army,
then, IFS ancient and well maintained reputa-
ton for the scrupulous honor and probity of its
Officers, rs the trustees OF its large fiscal affairs,
no less than in all their other relations, will be
liable to become, in public opinion, a mere ira
ditiOn of the past.
OF the offense laid in the second charge is not
approved; but inasmuch as his conduct was,
ubtedly, highly prejudicial to good order
ard military discipline" the findings upon this
charge and its Specifications, while held to fall
short of the demands OF the proof under the
law OF the case, are confirmed, and the sentence
1t is hoped that Lieutenant Colonel TOmp-
kins will find in the foregoing remarks a sufii-
cient rebuke of his grossly irregular conduct;
and that he will avail himself of the leisure at
forded by the operation of mis- sentence, to bet
ter acquaint himself with the obligations of his
commission, and to reflect that the well ma
tured system Of accounts by which the dsburse-
ment of the public money is legally req uired 10
be scrutiniZed and regulated by competent an-
thority, would soon become as useless as mean
ingless, should practices be tolerated by which
funds appropriated or duly ordered to be en-
pended for one purpose, could without author
ity and without responsibility, be diverted to
any other, under the disguise of fictitious or
simulated accounts.
The General Court Martial, of which Col Al
van Z. Giiiem, LIST cavalry, is President, is he1c-
by dissolved.
By order of the Secretary of War.
r. ID. TOWNSEND,
Adjt General.