In the T'atter of the Court -tial of Opt. Timothy Connelly, Proceedings , UNIVERSITY OF CALIFORNIA AT LOS ANGELES ROBERT ERNEST COWAN IN THK M.V'ITKk dK THK COU RT MARTIAL CAPT. TIMOTHY CONNELLY. PR O C E ED INGS OK THK General Court Martial, HELI> AT CAMP II NKVAJ.\. Together with other Documents relating thereto. SAN FRANCISCO, CAL. A K. Wo<*lbri r . Headquarters Military Division of the Pacific, \ San Francisco, Cal., May 12th, 1869. / (Special Orders, No. 12.) I, A General Court Martial is hereby constituted to assemble at Camp Halleck, Nevada, at 12 o'clock M., on Thursday, the 20th in- stant, or as soon thereafter as practicable, for the trial of Captain Timothy Connelly, 9th Infantry, and such other prisoners as may properly be brought before it Detail for the Court. 1. Brevet Major General O. B. Willcox, Colonel 12th Infantry. '2. Lieutenant-Colonel G. W. Wallace, 1 2th Infantry. 3. Brevet Colonel J. McL. Taylor, Commissary of Subsistence. 4. Captain S. P. Smith, 8th Cavalry. 5. Brevet Colonel A. G. Tassin, Captain 12th Infantry. 6. Brevet Major J. H. Mahnken. 1st Lieutenant 8th Cavalry. 7. Brevet Captain A. W. Preston, 2d Lieutenant, 8th Cavalry. Bievet Lieutenant E. R. Platt, Captain, 2d Artillery, is detailed as Judge Advocate. No other officers than those named can be assembled without mani- fest injury to the service. The Court will set without regard to hours ; and, in the event of the absence of any of the members detailed, it will nevertheless or- ganize, and proceed with the business before it, provided, the number present lie not less than the minimum prescribed by law. By order of Major General Halleck. James B. Fry, Assistant Adjutant General. Official. Robert N. Scott, Brevet Lieutenant Colonel, U. S. A., A. A. A. G. Camp Halleck, Nevada, > 10 A. M., May 24th 1869. J The Court met pursuant to the foregoing order. Present all the members, the Judge Advocate, and Capt. T. Connelly, the accused. The order convening the Court was read, and the accused was asked if he objected to any of the members named therein ; to this he re- 290901 plied in the negative. The members of the Court were then duly sworn by the Judge Advocate, and the Judge Advocate was duly Kworn by the Presiding Officer ; these oaths being administered in the presence of the accused, who was then arraigned on the following Charge and Specification: Charge and Specification against Capt. Timothy Connelly, 9th Infantry. CHARGE. Conduct unbecoming an officer and a gentleman. Specification 1st. In this, that Capt. Timothy Connelly, 9th Infantry, being in com- mand of Company "I." of that regiment, did sell the savings of com- pany rations, and other property belonging to the company to the amount of Twelve Hundred Dollars ($1200.00) more or less, and did only account for Five Hundred Dollars ($500.00) more or less, of that sum. This at Camp Ruby, Nevada, during the months of September, October, November and December, 1868, and the month of January, 1869. Specification 2d. In this, that Captain Timothy Connelly, 9th In- fantry, being in command of Company "I" of that Regiment, did sell to William Hoag twenty -nine thousand four hundred and seventy-seven (Ibs. 29,477) of barley, the property of said company, at the rate of four and one-half cents (4| cents) per pound, and did enter the transaction on the company fund account, as being at the rate of four (4) cents per pound, and did fail to account for the difference, amount- ing to one hundred and forty-seven dollars and thirty-eight cents ($147.38.) This at Camp Ruby, Nevada, in the month of December, 1868. Specification 3d. In this, that Captain Timothy Connelly, 9th In- fantry, being in command of Company "I" of that regiment, having paid for hauling twenty-nine thousand four hundred and seventy-seven (29,477) pound* of barley, the property of said company, at the rate of eight dollars ($8.00) per thousand pounds (Ibs. 1,000) did enter the transaction on the company fund account as being at the rate of ten dollars ($10 00) per thousand, and did fail to account for the dif- ference, amounting to fifty-eight dollars and ninety-five cents ($58.95.; This at Camp Ruby, Nevada, in the month of December, 1868. By command of General Ord. (S:'gned) E. K. PLATT, Bvt. Lt. Col. J. A, Dept. of Cal. To which charge and specification the accused pleaded as follows: To the first specification, Guilty; except the words, "and did only 5 account for five hundred dollars ($500.00), more or less, of that sum, 1 ' and of the excepted words, Not Guilty. To the second specification, Guilty, except the words, "and did fail to account for the difference, amounting to one hundred and forty-seven dollars and thirty -eight cents ($147.38)," and of the excepted words, Not Guilty. To the third specification, Guilty ; except the words, "and did fail to account for the difference, amounting to fifty-eight dollars and ninety-five cents ($58.95)," and of the excepted words, Not Guilty. To the charge, Not Guilty. The Court then took a recess for fifteen minutes to enable the Judge Advocate to transact some necessary business. On re-assembling, all the members, the Judge Advocate, and the accused, being present. The Judge Advocate (handing paper to the accused), asked him to admit that paper is an accurate and true copy of the Company Fund account of Co. " I." 9th Infantry, for the months of September, October, November and December, 1868. and January, 1869. The accused made the desired admission. The paper was then read by its title ; submitted in evidence. Ap- pended marked " A." The prosecution here rested. Sergeant Murphy, a witness for the defence was called before the Court and duly sworn : By J. A. State your name, rank, company and regiment 1 Ans. Andrew Murphy. 1st Sergeant, Co. "I," 9th infantry. By Accused. What duty were you performing during the month of December, 1868? Ans. 1st Sergeant, Company "I," 9th infantry. By Accused. Did you ever see the Company Fund account for that month. If so, when 1 Ans. I saw it during the month, but don't remember the date. By Accused. What knowledge did you have of the expenditures made by Capt. Connolly for the benefit of Co. " 1," 9th Infantry, dur- ing the month of December, 1868? Ans. I knew about the expenditures. I made some of them my- self, and others the Captain made. By Accused. Do you know that Capt Connelly expended for the company during the month of December, 1868, any money which was not charged to the company in the fund account 1 Ans. I do. 6 By Accused. How do you know ? Ans. I was present when some of the purchases were bring made. By Accused. What were the expenditures ? Ans. Whisky was one of the articles bought. I don't recollect them all. By Accused. About how much money was expended in this way by Capt. Connelly during the month of December, 1868 ? Ans. Over two hundred dollars. By Accused. Are you positive it was over two hundred dollars ? Ans. It was over two hundred dollars. By Accused. Can you specify any of the items? Ans. There was whisky, and money paid for working in the com- pany garden, and citizens for threshing, and butter, and other things. By Accused. Do you know why these sums were not charged against the company by Capt. Connelly, in his company fund account 1 ? Ans. They were not charged at my suggestion, and others, as the captain thought they would be disallowed. By Accused. How do you know they would be disallowed 1 Ans. The Captain said they would be disallowed. By Accused. Do you know how Capt. Connelly expected, or in- tended, to cover these disbursements made by him and not charged against the comp tny, in his company fund account 1 ! Ans.* By charging a little more on the freight of his barley, so as to cover this. By Accused. How do you know this ? Ans. It was at my suggestion, and others. He had to cover them in some way and not lose, himself. By Accused. Do you know how much Capt. Connelly paid for the hauling of the company's barley ? Ans. Eight dollars per thousand pounds. By Accused. Do you know how much he charged against the Company Fund account for said hauling? Ans. Ten dollars per thousand pounds. By Accused. Do you know how and why he charged more than he paid for hauling the said barley? Ans. To cover other expenses that he considered would be disal* lowed. By Accused. What were the expenses that he thought would be disallowed ? Ans. The expenses I have already enumerated. By Accused. Did Capt. Connelly employ soldiers on the company's ranch? Ans. Yes, sir. By Accused. Were those soldiers paid for their work on the com- pany's ranch ? Ans. They were. By Accused. By whom were they paid? Ans. By Capt. Connelly. By Accused. Do you know whether the amounts paid the soldiers by Capt. Connelly for their work, on the company's ranch, was charged against the company fund account ? Ans. It was not. By Accused. How many soldiers were employed on the company's ranch during the summer and fall of 1868 ? Ans. There was as high as sixteen sometimes. Sometimes more, sometimes less. By Accused. Were they all paid for their work ? Ans. They were. By Accused. By whom and how much to each soldier? Ans. By Capt. Connelly. Some got as high as twenty-five dol- lars; some less, By Accused. Do you know why these sums were not charged in the company fund account ? Ans. The Captain considered they would be disallowed. By Accused. When did Captain Connelly make the payment to the men employed on the company's ranch ? Ans. During the month of December, 1868. By Accused. Do you know whether Capt. Connelly ever sold any savings that did not belong to the company and which were not in- cluded in the company bills ? Ans. I do. By Accused. To whom did the savings belong 1 Ans. To Doctor Kirke. The Judge Advocate here stated that he desired the accused should be directed to confine himself to the case before the Court. At the request of a member the court was cleared. On being re-opened accused and witness present. The accused was informed that his latter question was foreign to the case and that no more of the kind would be allowed. The accused submitted the following, in writing, to the Court. Read to the Court by the Judge Advocate. g " I desire to show to the Court, by this testimony, that I expended for the use of my company all the money that it is alleged I failed to account for. I deem it relevant, and ot the first importance in my case ; indeed, this is my defence, as I plead guilty to all but the failure to account for the money. I propose to prove to the satisfaction of the Court that I did spend the money for the use and benefit of the company, and that I did not charge these expenditures in the com- pany fund account against the company. I sincerely trust the Court will permit me to pro ve these facts, as by this proof I hope to show that there was no criminality on my part, and that I derived no bene- fit whatever from the amount under and overcharged, and that the Court will see that my motive for doing a wrong, was that I might do a great good for my company." At 11 A. M. the Court took a recess, to give time for putting up a stove in the court-room. At 12 A. M. the Court re-assembled. Present all the members, the Judge Advocate, and the accused. Sergeant Murphy resumed the stand. By J. A. Did you usually make out the company fund account of Co. " I," 9th infantry 7 A. I did not. By J. A. Where was the fund book kept t Ans. Sometimes in the Captain's possession. Sometimes in the orderly room. As a general thing it was in the Captain's possession- By J. A. How much, do you know, was expended for articles fur- nished the company in December and not entered on the fund account/ Ans. There was over one hundred dollars during that time. There were ten gallons of whisky at six dollars per gallon. There was food for citizens, threshing on the farm, and men paid for working ou the farm. Capt. Connelly bought the whisky; some of it from Wads- worth, some of it from Callahan & Flynn. I was present when it was bought from Wadsworth, and received that bought from Calla- han & Flynn. By J. A. Did you have constant access to the company fund ac- count ? Ans. Yes sir; every time I wanted to see it. I saw it very often. By J. A. Who made out the company fund account ? Ans. As a general thing, Sergeant Repper. By J. A. Explain the item of one hundred and eight dollars and seventy -five cents for sundries, on the 21st day of December. Ans. The names of them things I don't know. By J. A. Was not the extra duty pay of the men who worked on the farm included in that item of sundries/ Ans. It was not. By J. A. How do you know it was not / Ans. The majority of the sundries I purchased myself. By J. A. Did you purchase sundries to the amount of $108.75 in December last / Ans. I did not keep account of the purchases I made. I received money from the Captain. By J. A. Do you remember a conversation at the Sutler's Store at this post, in which you made brags the Capta.n did not dare to reduce you ? Ans. No, sir. By J. A. No conversation of anything of that kind ever took place? Ans Not th-it I recollect, sir. By Court. Was any of the barley hauled by Government teams 1 If so, how much 1 Ans. I could not say. I do not know. By Court. Did you ever have any private money transactions with the accused f Ans. I did. J. A. State the nature of these transactions. Ans, Capt. Connelly gave me some money at one time, sometime in 1868. I don't remember the month. By J. A. What did he give you the money for '( Ans. I suppose on account of my taking a little better care of tilings than others did. . By J. A. How much did he give you / Ans. One hundred dollars. By J. A. Was this hundred dollars one of the expenses that could not be put on the fund account? Ans. Not to my knowledge. By J. A. What did the Captain say when he gave you the money? Ans. I don't remember. By J. A. Do you suppose Captain Connelly gave you a hundred dollars because you did your duty well 1 Ans. That was my impression. By J. A. Was this hundred dollars part of the company fund of 10 Company "I." Ans. No, sir. By J. A. Was it the Captain's private money ? Ans. I understood it so. By J. A. Did you do anything in return for this hundred dollars, or had you done anything for it ? Ans. Nothing but my duty as a soldier. B.' J. A. Is Capt. Connolly in the habit of giving a hundred dol- lars to his meritorious non-commissioned officers ? Ans. I do not know, sir. By J. A. On your oath, now, was not that sum given you to in- duce you to keep quiet about this matter of company fund, or some other peculation? Ans. No, sir. By J. A. How long have you been in service ? Ans. Ten years. By J. A. How many captains have you served with ? Ans. Capt. Connelly is the 3d. By J. A. Did you ever know of other captains giving a hundred dollars out of their own pocket as a reward to their non-commissioned officers ? Ans. I never knew whether they did or not. By J. A. Did you believe the money was given to you as a reward for the excellent manner of discharging your duty to the Government? Ans. I considered it so. By Accused. Did Capt. Connelly have to coax you to do the orderly duty of the company in 1868, in consequence of the condition of the company when he took charge of it ? Ans. He did. By Court. How do you know the amount paid the men for work- ing on the ranch was not charged against the company ? Ans. I was present when the company fund account was made out, and 1 suggested myself and others, and know it was not taken up. By J. A. You only know, then, that this money was not entered in one account as paid to the men, and don't know that it was not charged as something else ? Ans. It was not charged as something else. By J. A. How do you know this. Ans. I can't say how I know it. By Court. Do you know of Capt. Connelly's having paid to any 11 other soldier money for faithfully performing his duty. If so, to whom, and how much? Ans. I do not know of any others except myself. The testimony of this witness was rtad over to him, and he retired from the Court. Sergeant Frederick W. Repper, Co. "I" 9th Infty., a witness for the defence, was called before the Court and duly sworn. By Accused. What duty were you performing during the month of December, 1868 ? Ans. Clerk in Quartermaster's Dept. at Camp Ruby, Nevada. By Accused. What knowledge did you have of the expenditures made by Capt. Connelly for the benefit of Cornp. "I" 9th Infantry, during the month of December, 1868 ? Ana I made out the account current for the quarter ending on that month. By Accused. Do you know that Capt. Connelly expended for the company, during the month of December, 1868, any money which was not charged to the company in the fund account ? Ans. Yes, sir, he did. By Accused. How do you know. Ans. He told me so. I saw amounts disbursed that were not included in the account current. By Accused. What were the expenditures ? Ans. There was expenditure for extra duty pay on the ranch. There was whiskey bought, and on the farm there was an expenditure for reaping. By Accused. About how much money was expended in this way by Captain Connelly during the month of December, 1868, and not charged by him against the company in the company fund account ? Ans. Several hundred dollars. By Accused. Are you positive as to the amount ? Ans. No, sir, I am not directly positive. By Accused. Can you specify any of the items ? Ans. I think there was something like a hundred dollars paid for extra duty pay on the ranch, and there was something like sixty dollars for whiskey and thirty dollars for reaping. By Accused. Do you know why these items were not charged against the company by Captain Connelly in his company fund account? Ans. He told me that he thought they would be disallo>ved. By Accused. Do you know how Captain Connelly expected or 12 intended to cover these disbursements made by him, arid not charged against the company in his company fund account ? Ans. By adding to the expenditures, or deducting from the receipts. By Accused. HOMV do you know th's? Ans. He told me this. By Accused. Did Captain Connelly employ soldiers on the com- pany's ranch ? Ans. Yes, sir By Accused. Were these soldiers paid for their work on the com- pany's ranch 1 Ans. Yes, sir. By Accused. By whom were they paid, and how much to each soldier ? Ans. By Capt. Connelly. Some men received as high as twenty- five dollars, and others in proportion to the time they had worked on the ranch. By Accused. Do you know whether the amounts paid the soldiers by Capt. Connelly for their work on the company ranch was charged against the company in the company fund account 1 ! Ans. It was not By Accused. Do you know why these sums were not charged in the company fund account 1 Ans. Because he feared they would be disallowed. By Accused. When did Capt. Connelly make the payment to the men employed on the company ranch 1 Ans. In December, 1868. By J. A. You say you know that Capt. Connelly made expendi- tures for the company which were not charged the company. How do you know this / Ans. I was present when the expenditure was made, and when I was making out the account current I noticed it was not placed upon it. By J. A. You only know then that it was not charged in the form it had been paid, and don't know that the amount was not really charged as something else / Ans. Yes, sir, so far as I know. By J. A. How did you arrive at the sum of one hundred and eight dollars and seventy-five cents charged for sundries on December 21st 1 ? Ans. Capt. Connelly called the items irom a memorandum book that he had. 13 By Court. What data did you have to make up the account current ? Ana. Such data as Capt. Connelly called ofl'from his memorandum book. The testimony of this witness was read over to him and he retired from the Court. Private Timothy Hoban, of Co. "I," 12th Infantry, (formerly Co. '"I" 9th Infantry) a witness for the defence, was called before the Court and duly sworn. By Accused. Where were you stationed in the month of Decem- ber, 1868? Ans. Camp Ruby, Nevada. By Accused. What duty were you performing during the months of September and October, 1868? Ans. I worked on the ranch several months last year and I think a part of October. By Accused. Were you ever paid anything for tin: work, and by whom, and how much? Ans. I was paid twenty dollars coin for the whole work. By Accused. Did you give a receipt to any one for that $20 ? Ana No. sir. By Accused. About what time were you paid the $20 ? Ans. I could not exactly tell, sir. I did not keep any account of the time. Bvt. Lt. Col. E. R. Platt, Capt. 2d Arty., a witness for the defense was duly sworn and gave as his testimony the following : 'I have known Capt. Connelly more or less well since Sept. 1855. I have never been stationed at the same post with him, but have met him often, and know that his reputation for zeal and efficie icy was excellent. Before these transactions I never heard his honesty doubted.'' I>vt. Col. J. McL. Taylor, C. S., a witness for the defense, was duly sworn. By Accused. Please state how long and how intimately you have known the accused, and what has l>een his character during the time ? Ans. I have known the accused for about three years. But never have known him very intimately, bnt I have always thought him an active, faithful, zealous officer. That was his i eput.ition. The Judge Advocate then read a letter from Bvt Maj. Gen. John H. King, Col. 9th Infantry, and admitted the statements it contained to be correct. 14 Letter appended marked " B." Lieut. C. P. Eagan, 9th infantry, a witness for the defence, was duly sworn: By Accused. How long and how intimately have you known the accused, and what has been his reputation during that time 1 ? Ans. I first knew him about two years and a half ago, when I first joined my regiment. I have not been intimate with him until I joined the company a few months ago. His reputation, so far as I have known, as an officer, has been very good until the present. By Accused. Did you relieve the accused from the command of Co. "I," 9th infantry? Ans. I did. By Accused. What was the condition and appearance of said company when you relieved him ? Ans. Excellent. * The accused stated that he had no other witnesses to call, and at 2:10 P. M., the Court adjourned to meet at 11 A. M. to-morrow. SECOND DAY. Camp Halleck, Nevada, ) M HAM., May 25th, 1869. The Court met pursuant to adjournment. Present, all the members, the Judge Advocate, and the accused. The record of the proceedings of yesterday was read. The accused submitted a written defence. Read to the Court by the Judge Advocate. Appended marked "C." The Court then cleared and closed, and after mature deliberation, finds the accused Captain Timothy Connelly, 9th infantry, as follows : Of the 1st specification, Guilty. Ofthe2d " Guilty. Of the 3d " Guilty. Of the charge, Guilty. And does, therefore, sentence him, Captain Timothy Connelly, 9th infantry, to be dismissed the service. E. R. Platt, Bvt. Lt. Col., Captain 2d Art'y, Judge Advocate. O. B. Wilcox, Col. 12 Infantry, Bvt. Maj. Gen'l, President. H'd Q'rs Milit'y Div. of the Pacific, ) lean Francisco, May 29th, 1869. j The proceedings, findings and sentence in the foregoing case of 15 Captain Timothy Connelly, 9th Infantry, are approved, and, in con- formity with the 65th Article of War, the proceedings are forwarded to the Secretary of War for the action of the President. H. W. Halleck, Major General Comd'g. War Department. ) Washington City, June 22d, 1869. J In conformity with the 65th of the Rules and Articles of War, the proceedings of the General Court Martial in the foregoing case of Capt. Timothy Connelly, 9th Infantry, have been forwarded to the Secre- tary of War, for the action of the President of the United States, and the proceedings, findings and sentence are approved. Ihe sentence will be duly executed. John A. Rawlins, Secretary of War. "A." Copy of the Fund Account of Co. "I," 9th Inf. Capt. T. Connelly, 9th U. S. Infantry, in account current with the Company Fund of Co. "I," 9th Infantry, for the months of September, October, November, December, 1868, and January, 1869 : Date. 1868. From what source receivecj. Dr. Aug. 31. Balance on hand per last acct $ 187 68 Sept. Received at various times from sale of rations. . . 255 00 Oct. " " " " "... 70 00 Dec. 31. To 29,477 Ibs. of barley at 4 cts. per Ib 1179 08 Dec. 15. To sale of rations 13 00 Jan'y 1, '69. To sale of hogs 161 50 Jan'y 16, To sale of rations 10 00 Total received $1876 26 " expended 1304 05 Balance due Company Fund and transferred to Lieut. W. L. Carpenter, 9th Infantry, as per receipt $ 572 21 1868. How expended. Cr. Sept. 1 1. 50 Ibs. onions, at lOc. per Ib $ 5 00 " " 1 ball twine 50 Oct. 3, For newspapers, 1 year 80 95 " 7, For spices 1075 " 8, Powder and shot for hunting purposes for the Co 1 7 00 16 " 15, For 2 brooms ; 2 00 " 30, For potatoes and beets 83 00 ' " 100 Ibs. codfish and 110 Ibs dried apples 32 18 " " For 3,314 H)s potatoes at 5 cts. per Ib 165 70 " " " 4 000 Ibs. turnips, at 1 ct. per Ib 4000 Nov. 7 For 5,158 Ibs. potatoes, at 5 cts. per Ib 257 90 Dec. 16, " 26 Ibs. raisens, at 75 cts. per Ib 19 50 " 21, " Sundries 108 75 tt , p or 40 chickens, at $1 50 each 60 00 " " " Eggs 1 50 " " " Transportation 29,477 Ibs. of barley at $10 per 1000 Ibs 294 77 " 31, " crushed sugar and lard 6 06 " " " 6 Ibs butter at $1 per Ib 6 25 1869. Jan. 4, For 150 Ibs cabbage at 12 cts. per Ib 18 00 " 8, " 14 chickens at $1 each 14 00 " " " postage on cainpany newspapers, 2 quarters 3 40 " 12, " spices 5 50 " 16, " 36 chickens at $1 each 36 00 " 26, " 22 Ibs salt at 2^ cts. per Ib 55 " " " 132 Ibs dried apples at 16 cts. per Ib 21 12 " " " 76| Ibs. codfish at 15 cts. per Ib 11 47 " ' " 10 Ibs lard at 22c. per Ib 2 20 1304 05 Camp Ruby, Nov., Feb. 12, 1869. A true copy of the fund Account of Co. "I," 9th Infy. W. L. Carpenter, 2d Lt. 9th Inf., Comd'g Co. "I." " B." Head Q'rs Ninth Infantry ) Camp Reynolds, Angel Isl., May 18th, 1869. J Bvt. Lieut. Col. E. R. Platt, U. S. A., Judge Advocate Dep't of Cal., San Francisco, Cal., Colonel : I first knew Capt. T. Connelly in 1856, when he marched with me as First Sergeant of Co. "A," 1st Inf., from San Antonio, Texas, to Fort Belnap, a distance of 350 miles. He was again under my command in 1861, (holding the same position) from San Antonio, Texas, to Key West, Florida. When I joined my regiment on this coast 2 J years ago, I found Capt. Connelly, then a First Lieutenant in the regiment, doing duty as Recruiting Officer in San Francisco. 17 1 always found him military and zealous in the performance of hia duties. Very respectfully, Your obedient servant, John H. King, Col. 9th Inf. Brt. M. G. " C." Camp Halleck, Nevada, May 25th, 1868. Mr. President and Gentlemen of the Court Martial : I would respectfully invite your atten- tion to the nature of the defence set up by me in extenuation of my errors as pleaded to. I trust that the evidence has shown fully that there was no evil intent on iny part, and that the over and under charges mad-- by me were tor the benefit of my company and the ben- efit of the service. The results flowing from my efforts in behalf of my company are well known, and the present condition of the com- pany will testify that, although the over and under charges were wrong, yet they were for a good purpose, and the company have derived the benefit of the error. I have been twenty years in the U. S. Army. Six years of that time I have served as a commissioned officer, in the grades of First and Second Lieutenants and Captain, during this time. I have never had my character assailed in any way, and I have always had the good will of my superiors. I earnestly trust the Court will take into consideration my motive, and trusting in its impartiality and leniency, 1 huv- the honor to be, your most obedient servant, T. Connelly, Capt. 9th U. S. Infantry. War Department, No 4,333, 1881, Official copy. Signed, D. G Swaim, Judge Advocate General. 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