The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-02-21
The BLUMENBERG COURT MARTIAL.
1t Finds the San Francisco Captain
Guilty,
But All the Findings Defective Except
One-The Governors Appoints
meuts to bis staff.


The following appointments on Gov
ernor Budd's staff have been announced
in orders from the Office of the Adiutant-
Generals
Colonel J. B. Wright, Chief Engineer.
reappointed; Lieutenant Colonel George
i. Sperry, to be Colonel and Inspector
General OF Rifle Practice, vice Royal D.
Laldiaw; Lieutenant-Colonel Forrest S.
Chadbourne, to be Colonel and Pay
master-General, vice Frank w. Sumner;
John l. Harrington. to be Colonel and
Judge Advocate General, vice George A.
Knight.
The following have also been appointed
Alds-de-Camp, with the rank of Lieuten-
snt-ColOnel: Lieutenant Colonel William
u. Sanborn, vice himself; Lieutenant
Colonel William J. Younger, vice him.
sell; Abraham Andrews, vice Reed Jones:
Lleutenant-Colonel Lorenz p. Hansen,
vice himself; Johu Bradbury, vice Free
man q. Ieed: Nathaniel 7. James, vice
Waiter f. Beck; Herbert Choynski, vice
J. b. LAUGH.
THE RETIRED LIST.
Upon his own application, Colonel AL
bert +. Castle, Assistant Adjutant-Gen-
eral on MajOr-G General Dimond's staff,
has been placed on the retired list, to
rank as Colonel from January 3, 1891.
Lieutenant.C Colonel Albert D. Cutler. Di-
vision Inspector, has been appointed to
succeed Colonel Castle. Colonel Castle
has been detailed for duty and ordered to
report to General Dimond for orders
Lieutenant-Colo NJ. II. Hecht, Pay
master on General lDimond's staff has
also been placed upon the retired list. He
has also been detailed for duty and or
uered TO report 10 General DimOnd for
orders. Colonel Hecht Will retain his
rank, which dates from April q, 1856.
Colonel Frank w. sumner, Paymaster-
General, is also placed upon the retired
list, with present rank from November Z,
1887.
Brigadier-General James B, Brown.
commanding the Sixth Brigade, has also
been placed on the retired list, with pres
ent rank from February 8, 1893 General
Browns retirement takes effect on March
10Th.
CAPTAIN SMITH COMMISSIONED.
\ commission has been issued to Frank
q. Smith of this city as Captain and Aid
de-Camp on the staIf Of Brigadier- General
T. w. Sheehan, commanding the Fourth
Brigade. Captain Smith was formerly
First Lieutenant and Ordnance Officer
Second Infantry.
MUSTER AND INSPECTION.
The annual muster and inspections of
all the commands Of the National Guard
Will take place during next month. Bri-
gade commanders are ordered to issue
necessary orders, designating times and
places, and to embOdy in such orders the
recommendations and orders heretofore
issued from the Adjutant- Generals office.
BLUMENBERG COURT MARTIAL.
Captain Samuel 2. Blumenberg re-
mauder of the First Troop Cavalry in
that city, is no longer in the National
Guard.
Captain Blumenberg was tried by a
court martial, of which Major James L,
Smith, Third Infantry of San Francisco,
was President. He was found guilty of
some Of the charges and specifications and
sentenced by the court to be discharged
from the service OF the State OF California.
The sentence has been approved by Gov
erDCT Budd. Some OF the charges con-
tanned several specifications. The
charges were:
Charge knowingly making false
muster and payrOlls.
Charge signing false certificate.
Charge 5-Couuuct 10 the prejudice of
good order and military discipline
Charge + - Conduct unbecOming an
officer and gentleman.
In its findings the court found the ac-
cuseu guilty on certain specifications,
but not guilty on the charge under
which the Specifications were made.
In the opinion Of the Attorney General.
"FInulng guilty on the specification but
not guilty on the charge Is erroneous ana
contradictory, and such 4 finding viii
not support q sentence" Further: In
the charge and specification under con-
sideration and the findings thereon. YOU
have evidence OF either very bad plead
ing, or indifference and inconsistency on
the part OF the court. In
any event, charge and the sDecificatiop
TO charge /, should not De construed as
supporting IN any degree the sentence of
the court.
"OI the second finding, charge >: Sign
ing false certificate is clearly in viola
ton Of the Thirteenth Article OF War, and
the specification, charge =, is sufficient TO
sustain the charge when so found guilty
10y the court upon the circumstance sur
rounding and the evidence offered at the
trial. This finding OF guilty on both
charges and specification is regular and
sufficient.
I'll the facts stated in the specifications
to charge Will support the charge, then
such LndInE OF guilty on the sDeCIfica-
uon Out not guilty on the charge is er-
roneous ana contradictory. Such finding
VIII not support sentence, and in any
event Is TO he dIsregarded.
Inc verdict on the second charge.
gulIIy,. and specification OF the second
charge, guilty. hellg good and legal
NeTul..' is suIAcleut to support the SEN
teuce."
With the exceptions above noted. the
proceedings, findings aud sentence OF the
court are approved, ana Captain Samuel
/. blumenDerg, retired, y. u. c., is dis
charged the service.