Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-03-18
Findings Of court MARTIAL upon Which BRIG GEN. H POOLE Was
DISMISSED FROM NORTH DAKOTA NATIONAL GUARD g.

ant, First infantry, in 1890 and cap
tain adjutant in 1894, quartermaste1
in 1900 and adjutant general, Janu'
airy Z, 1907.
"By order of Governor Burke,
T. H. POOLE (Retired),
| Adjutant General.
Captain U. s. A., military secre-
tary.
Did wilfully disobey the afore-
said order and did refuse to comply
with the same in each and every or
der and direction therein contained
and the said Thomas H. Poole,
brigadier general, retired, in trans
hitting the order set forth in this
specification, and known as general
order No. /, did wilfully and know
| ingly and illegally cause to be trans
mitted to the officers of the national
guard of the state or North Dakota a
statement in the following Ian
guage:
"The attached and foregoing pur-
ported order is published by this Of
fee merely for the purpose of in
formation to the officers of the N.
D. N. G. The validity of this pur-
ported order is not conceded by this
Office, and it is not recognized as a
lawful or legal order, and in publish
ing the same this Office reserves full
right to question and attack its val
idity.
"This at the city of Bismarck,
North Dakota, January 7th, A. D.
1907"
Charge 2. conduct unbecoming
an officer and gentleman in violation
of the 51st article of war;"
Specification 1st. In that Briga-
der General Thomas H. Poole, re-
tired, of the North Dakota national
guard; having been pursuant to law
retired from the Office and duties of
adjutant general of the state of
North Dakota, and having been or
dered by his superior officer, to-wit:
Honorable John Burke, governor and
commander in chief of the North Da-
Dakota national guard, to turn over
and deliver to Col. Amasa p. Peake,
colonel and commanding the First N.
D. N. G., the records, books, mill
tary supplies of every kind and de.
scription pertaining to the national
guard Of the state Of North Dako-
ia, the equipment and other military
supplies, records belonging to the
state and federal government and all
other property of a military char
acter, did wilfully and unlawfully re-
fuse to obey said order, which is in
the following words and figures, to-
| wit:
'Governor's Office, North Dakota,
Bismarck, N. D., January 9th,
1909.
Especial Order No. 2.
"You are hereby ordered to pro-
coed with detail of one sergeant
and four men from your command,
between the hours Of 10 a. m. and II
m, Monday. January 18th, 1909, and
take forcible possession of the ad-
jutant generals Office in the state
capitol, ejecting therefrom Brigadier
Genera: Thomas H. Poole, retired.
"You will then deliver to Col. Am
asa p. Peake. acting adjutant gen.
eral, all property or records found
in said Office.
by order Of
"JOHN BURKE. --
Governor and Commander in
Chief.
ITO Captain Henry T. Murphy,
commanding company a." First in
fantry, North Dakota national
guard"
and the said Thomas H. Poole, re-
tired, having received knowledge of
said special order No. 2, and knowing
the same was in the hands of Cap
tain Henry r. Murphy, did wilfully
and unlawfully enter into the Office
Of the adjutant general of the state
of North Dakota, and did then and
there, at midnight, or about mid
night, in violation of the orders here
in referred to and set forth under
the first charge and the first and sec
ond specifications thereof, proceed to
and did take possession of the rec
ords, books and other documents per-
tanning to the affairs of the North
Dakota national guard, and did will
fully and feloniously take and carry
them away, and has ever since said
time kept and retained the same and