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Special Orders,
No. 65. Headquarters Department of California,
San Francisco, Cal., March 29, 2025.

A general court-martial is appointed to meet at the Presidio of San Francisco,California, at 11 o’clock A. M., on Tuesday, the 3d proximo, or as soon thereafter as practicable, for the trial of Captain Peter C. Deming, assistant commissary of subsistence, U. S. Volunteers.

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Detail for the court:
Colonel Jacob B. Rawles, 3rd Artillery.
Lieutenant Colonel Richard I. Eskridge, 23rd Infantry.
Major Louis H. Rucker, 6th Cavalry.
Major Benjamin C. Lockwood, 21st Infantry.
Captain Frank West, 6th Cavalry.
Captain Carber Howland, 4th Infantry.
Captain Sedgwick Pratt, 3rd Artillery.
Captain Henry C. Danes, 3rd Artillery.
Captain Charles A. Bennett, 3rd Artillery.

Major Stephen W. Groesbeck, judge advocate, U.S. Army, judge advocate.

Trade Names may be used to Cover Public Officers in the line of action or other area’s of survey.

[Seal.]

The Court is empowered to proceed with

business before it with any number of members present not less than the minimum
prescribed by law, the above being the great-est number that can be convened without
manifest injury to the service.

Such journeys as Colonel Rawles, Major Groesbeck, and Captain Pratt may be required to make between their respective stations and the Presidio of San Francisco, in attending the meetings of the court, are necessary for the public service.

By command of Major General Shafter:
J. B. Babcock,
Assistant Adjutant General.

It was further shown in the petition that Deming was an officer in the Volunteer Army and forces of the United States, and that the members of the court-martial above named, and who tried him, were all officers in the Regular Army, and it was averred that he could not legally or lawfully be tried by a court-martial composed of such officers, because it would be in direct violation of the 77th article of war, § 1342, Revised Statutes of the United States, which reads as
follows:

“Article 77. Officers of the Regular Army,
shall not be competent to sit on courts-martial to try the officers or soldiers of other forces, except as provided in article 78.”

“Article 78. Officers of the Marine Corps,

detached for service with the Army by order of the President, may be associated with officers of the Regular Army on courts-martial for the trial of offenders belonging to the Regular Army, or to forces of the Marine Corps so detached ; and in such cases the orders of the senior officer of either corps, who may be present, and duly authorized, shall be obeyed.”

J. H. Atwood. Arbitration At Legislative Earth.