The morning call., 1892-09-17
REDUCED TO THE RANKS.
Sergeant Dougherty's Trip
to the Sequoia Park.
GENERAL RUGER'S COMMENTS
Charged With Setting Fire to Portion Of
the Forest, Being Absent Without Leave
and Using Disrespectful Language.

Fourth United States Cavalry. has been
sentenced by the judgment Of court
martial to be reduced TO the rank of a
private soldier and to forfeit to the United
States $40 per month of his pay for a period
of six months.
The accused was charged with absentlng
himself from his detachment from p NJ,
July II, till about 6 P. NJ, July II, 1892.
without permission from his commanding
officer, at or near camp on North Fork,
Kaweah River, Cal. A second charge against
him was that he did through carelessness
and neglect in failing to extinguish fire
made by him, set fire to portion OF the
forest within the limits Of the Sequoia Ma
tional Park, Cal, on the 18th of July, 1892,
at a point on the north fork of the kaweah
River. east of Big Baldy Mountain. about
one and one-half miles.
The third charge was that OF behaving
with dsrespect toward his commanding
officer: the specification TO these charges
being as follows:
Speciicatlon-In this that be, Sergeant Pat
rick Dougherty, Troop X. Fourth Cavalry, dld
say In sneering ana disrespeetful tone to First
Lieutenant Harry c. Benson, Fourth Cavalry,
at the time his commanding officer: "YOu would
have shot a bear with this gun like hell, with
three points OF wlndage."
This on the trail from Giant Forest, SequOia
Park, CAL, TO Big Red Hlll, Tulare County, Cal,
on the morning OF july 4, 1893.
This at the place and time above specified.
To all the charges and specifications Ser
geant Dougherty pleaded mot guilty" He
was found guilty OF the first and third
charges and acquitted of the second
In reviewing the proceedings Of the court
martial. OF which Captain r.. Il. Roberts OF
the Fifth Artillery was president and Sec
ond Lieutenant William G. Haan, Fifth
Artillery, was Judge advocate, General
Ruger comments as follows:
1t appears from the evidence that the
accused left the camp of detachment
son, Fourth Cavalry, during the tenn
porary absence OF the latter. and
without his permission; that after some
time, not less than two hours of absence
and having travelled some miles, he started
to return to camp, but became lost in the
forest, and did not rejoin the detachment
until the next day.
The accused claimed in his defense that as
senior non-commissioned officer he was au-
thorized in the absence of the commanding
officer to absent himself. The contrary was
his dlty in absence of necessity or
of object to carry out instructions
he might have received from the command
ing officer of the detachment. and the fact
that the latter did not inform the accused
Of his intended absence implies that he in
tended no changes as to the detachment
should be made in his absence
The accused also claimed that his purpose
in leaving the camp was to famliariZe him.
self with the country about, for the reason
that he had been told by the troop commander
before the detachment left the camp OF the
troop, that Lieutenant Benson would be
absent from the detachment for a
few days. and the accused would
be in charge during his absence
of that part OF the Sequoia Park where the
detachment was going for duty. Such
state of facts presents no ground for sup
H.
TO authorize any acts on the part OF the ac-
cused not in entire subordination to the
authority of the commanding officer of the
detachment.
AS the continued absence OF the accuses,
from camp was not intentional, lenient
view might be taken Of the case were it not
for the proper finding of guilty" by the
court-martial on the serious offense of
disrespectful conduct toward his COM
mandng officer. 1t also appears
from the evidence that Lieutenant
Benson. who prefers the charges,
steps toward finding the accused,
although he had been absent from about
o'clock in the afternoon until the next
morning, when on moving camp, he left
man with directions to fire and answer
shots to indicate the direction to the ac-
eused.
Had Lieutenant Benson absolutely
known that the accused had merely lost his
way and would be able TO reJ0ln
the command without special harm, it
might not have been improper, as
a matter of discipline, to fave left him to
shift for himself for the time being; but
the actual cause of the continual ab-
sence of the accused. whether from
mishap or from being. lost was
necessarily matter of conjecture,
and il is in consequence considered
that the accused having been absent several
hours In that rugged region, and not re-
turning by nightfall, efforts should have
been made to find him or indicate the place
Of the camp to him. and the matter of dis
cipline have been left for proper attention
afterward
The proceedings and findings in the fore
going case of Sergeant Patrick Dougherty,
Troop K, Fourth Cavalry, are approved.
The sentence is confirmed and will be
duly executed.
Sergeant Dougherty will be released from
arrest and restored to duty as a private.