The Birmingham age-herald., 1911-08-12
TODD IS DISMISSED.
 FROM THE MILITIA
MOngOmerian Found Guilty of Five Out of Six
 Charges

Montgomery, August 11.-(SpeciaL)- First Field artillery, Alabama National Guard. was tonight ordered dismissed from the service of the state, follow ing upon a recommendation to that eff feet which was made to the governor by the courtmartial board which was appointed some time ago to investigate charges of misconduct which had been preferred against the Montgomery of ficer.
 The courtmartIal board met in Bir- mingham on Tuesday. August 1. tn- der Col. G. J. Hubbard of the First regiment, and remained in session dur ing the whole of two days In hear ing and discussion of the charges, but owing to the great amount of work on his desk the governor was unable to reach a decision until Friday after noon, when he approved the verdict of the court.
 The dismissal from the states mi litia, according to judgment of the governor is to date from the night Of August 12, as set forth in a special or der which was immediately issued by Adjutant General Joseph B. Scully.
 Allegations of misconduct against Cap tam lOOu, WuO ldS TUT Illdiiy StoiS pVNii in charge of the Montgomery battery, were of a most sensational nature, there being six charges set forth, to all of which the accused pleaded mot guilty at the Birmingham trial.
 The first of these charges was for con- duct unbecoming an officer; the second for drunkenness on duty; the third for disobedience to orders; the fourth for at tempting to resist lawful orders; the fifth 4. nffin sixth for conduct to the prejudice of the good order of the military.
 The officer was found guilty of all these charges save the third. 1t being shown that he had not disobeyed orders.
 The order of General Scully follows:
 August II, 1911
 Headquarters Alabama National Guard, adjutant generals office, Montgomery.
 Special orders No 54:
 l. Before a general courtmartial which convened at Birmingham. pursuant to S.. O. No. 51, A. G. O., Tuesday, August |. 1911, and of which Col. Graph J. Hubbard, First infantry, was president, and Lieut.. Col. Gardner Green, general staff, was judge advocate. was arraigned and tried: Capt George H. Todd, Jr Battery B, First Field artillery, A. N. c.
 Charges:
 i. Conduct unbecomng an officer and gentleman
 ?. Drunkenness on duty.
 ( Disobedience of orders.
 f. Attempting to resist or evade lawful orders or advising others to do so.
 5. Insult or disrespect to a superior or ficer in the line of military duty.
 6-Conduct to the prejudice of good or der and military discipline.
 To all charges and specifications the accused pleaded mot guilty"
 Findings:
 Of the first specification, first charge, guilty
 Of the second specification. first charge, guilty.
 Of the first charge, conduct unbecom- ing an officer and gentleman. guilty.
 Of the first specification second charge, guilty
 Of the second charge, drunkenness on duty, guilty. r
 or the first specification. third charge. not guilty.
 Of the first specification, fourth charge, guilty, except the words by refusing to fire the evening gun at retreat, and of the excepted words, not guilty Of the fourth charge attempting to re- sist or evade lawfulf orders, or advising others to do so, guilty
 Of the first specification, fifth charge. guilty.
 Of the fifth charge. insult or disrespect to superior officer in the line of military duty. guilty. tat
 Of the first specification, sixth charge. guilty.
 Of the sixth charge, conduct to the prejudice of good order and military dis cipline, guilty.
 Sentence:
 ToA be dismissed from the service of the Alabama National Guard. The sentence having been forwarded through military channels to the gov ernor for his action, the following are his orders thereon
 The sentence of dismissal, imposed by the .courtmartial in the case of Capt. George H. Todd, Jr, Battery R, First Field Artillery. Alabama Ma tional Guard. is hereby approved and confirmed, and will be duly carried into execution. EMMETT O'NEAL,
 Governor and Commander in Chief.
 Capt. George H. Todd, IT., ceases to be an officer of the Alabama National Guard from August 2 1911.
 By order of the governor.
 JOSEPH R. SCULLY, j3rigadier General, the Adjutant Gen-
 eral. A. N. c. s...----4.