Daily globe., 1883-07-31


I was greatly disappointed in my calcu-
lations to meet my obligations and uncon-
scious that my delay in meeting these OBJ
legations to Mr.. Scheffer would admit of
the construction of criminality with fraud
ulent intent.
MERELY AS DUE BILLS.
I signed the pay accounts as would any
note or due bill, without thinking for a
moment Of the wording of the printed GER
tifcate thereon, or intending to put my
name to the certificate on honor or official
ly, with the assumption of any official
obligation. Mr.. Scheffer loaned me the
money as friend and in private man
ner, and the face value of these accounts
was of no consequence to me in the trans
action. borrowed money and intended
to pay it, sooner or latter, out of the
moneys due me by the United States for
the last thirteen years, and unjustly with
held from me. l have paid Mr.. Scheffer,
and he is satisfied i'll every respect, 0Io-
claiming any intention of fraud on my part.
Who, then, is my accuser? Not Mr.. Schef-
fer, for he is my witness, and disclaims
upon oath his belief in my guilty Inten-
tions. Is it the URited States, Is it the
general public, or is it the interest of the
service. If the gentlemen of the court will
look at gen. chap. martial orders No. %,
series of 1872 of war department, in the
case of First Lieut.. Andrew Geddes,
Twenty infantry, who was tried upon
charges and specifications of similar
nature, they will find recorded the follow
ing remarks of the reviewing authorities
thereon: The mere signing of pay &C
annnt hnfOrQ If iS 6uo ic VII of
any article of war, unless such signature is
designed to effect some dishonest purpose,
ETC., etc. Under the third charge the ac-
cused is found guilty of assigning double
pay accounts for one month. While this
fact is evident, yet he is shown by proof
to have acted without fraudulent pur-
pose, but with the intention, when
he transferred the second account,
of cancelling one he had previously given
before it should mature. Finding, how
ever, contrary to his reasonable expecta-
tions, that both accounts had passed beyond
his reach, and making the discovery too
late to prevent their presentation, he made
prompt amends to the holder of the one
unpaid. This transferring and presenta-
tion by an officer of double pay accounts,
under any circumstances is grave offeuse,
| calculated to seriously compromise his
honor with that of the service, and fully
| deserving of the punishment imposed by
the sentence in this case. Nevertheless a
| Just discrimination must recognize dis
tinction between the actual culpability of
accused and the crime of falsehood and
attempted fraud with which his conviction
of the second and third charge, if con.
! frmed, would stigmatize him. etc.
By order of the secretary of war.
Signed WILLIAM D. WHIPpLE.
! Assistant Adjutant General.
| also respectfully refer this court tc
| general court martial orders No. 81, serie:
1872, war department, in the case of Lieut.
Reade M. Washington, Ninth cavalry, trieG
upon charges and specifications of sim
liar nature and the following remarks ot
the reviewing authorities:
AS in the former case (Order No. 29)
however, the offense partakes' of the nature
of indiscretion and carelessness rather
than that of fraudulent purpose, and while
the pleas here confess enough to Justify
the finding, yet the guilt, as thus repre-
sented, is materially extenuated, according
to the accused's statements of record
which are substantially corroborated b.
the little testimony received, etc.
By order of the Secretary of War.
Signed WILLIAM d. WHIPP1E,
Assistant Adjutant General.
WHAT DO YOU THINK?
ask you, gentlemen of the court, if tn
mere fact of signing duplicate pay &C
counts without the slightest intention tt
defraud any one, is a criminal act? Ha
this act on my part, under the circumstan
ces shown, rendered me fit subject to b,
branded by you as a felon; to be hurlet
from the high position of an officer and
gentleman to the level of a criminal, to b.
loathed and Stunned by honest men?
think not! My case has been prejudiced b,
many of the public papers of the country
who, ignorant of the facts, and misinform
ed, demanded that be made an exampl
of. Accusations of the most maliciou
character, without the slightest foundatio.
have been published in relation to my cas-,
and my name has been booked with thos
of convicted criminals. Could / have pre-
vented these publications? Could I hav,
kept the error of my acts
no matter how uuintentiona
of wrong doing they were on my
part, from my friends and brother officer
in the service, would have resigned M
commission and saved myself, my friends
and you, gentlemen of the court, the
modification of this public trial and my
unfortunate position under this charge
But this was not to be, and am compelled
to come to you, not asking for mercy, but
for simple justice to preserve for me my
standing as an officer and a gentleman.
am satisfied that you, gentlemen of the
court, will only be guided by your oath il
dealing with me, and that no prejudice on
the part of any one will influence your
verdict. You will rather remember some
good act of my life and my twenty-five
years Of faithful and hard service to the
country in determining as to my intent
which is only known to myself and my
Maker.
If with my age, my standing in the com
munities where am known, my high rank
and pay in the army, am found guilty as
charged in these specifications, it would
perhaps be charitable on your part to ac-
company these proceedings with recon-
mendation that 1 be consigned to an asy-
lum for the insane, for of such condition
of mind 1 must be indeed, when am found
guilty of preying upon the pockets of my
| friends as a criminal.
| thank you, gentlemen of the court,
and Mr.. Judge Advocate, for the patience
and kindness YOU have shown me- durinO