s Infantry, thereby endangering the life of Lieutenant Breslin and
disgracing himself (Captain Wells) as an officer of the United States
Army."

The second specification alleged that Captain Wells "did become so much
under the influence of intoxicating liquor as to behave himself in a
scandalous manner by violently attacking the person of First Lieutenant
P.H. Breslin, Fourth United States Infantry."

These offenses were charged to have been committed on the 3d day of
September, 1870, at Fort Fetterman, in Wyoming Territory.

On the 15th day of July, 1870, a law was passed, among other things,
to bring about a reduction of the Army, which law provided that the
President should before the 1st day of July, 1871, reduce the number of
enlisted men in the Army to 30,000, and authorized him in his discretion
to honorably discharge from the service of the United States officers of
the Army who might apply therefor on or before January 1, 1871.

Before the trial by court-martial upon the charge then pending against
him Captain Wells applied for his discharge under the provision of the
law above recited, whereupon the charge against him was withdrawn and
canceled, and on the 27th day of October, 1870, his application for a
discharge was granted.

On the 6th day of July, 1875, he was again appointed to the Army as
second lieutenant in the artillery, against which a remonstrance was
made by certain officers in the Army.

In August, 1877, Second Lieutenant Wells was charged with being "drunk
on duty, in violation of the thirty-eighth article of war."

He was also charged with "conduct to the prejudice of good order and
military discipline."

The first specification under the latter charge alleged that the accused
did "engage in an affray with First Lieutenant E. Van A. Andruss, First
Artillery." The second specification under said charge alleged that the
accused addressed his superior officer in a defiant and disrespectful
manner and neglected and hesitated to promptly obey the order of said
superior officer.

All these offenses were alleged to have been committed at Reading, Pa.,
on the 2d day of August, 1877.

Soon after these charges were preferred a court-martial was convened for
the trial of the accused thereon. He pleaded not guilty to the charges
and specifications, but was convicted of them all and sentenced "to be
dismissed the service of the United States."

On the 6th day of October the proceedings, findings