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has been shown him and every opportunity of reformation has been extended to him. In my judgement the laws and regulations of the service should be enforced in his case. (Sgd) A. A. Humphreys Brig Gen'l & Chief of Engrs

4 Endorsement War Dept AGO Nov. 11, 1874

Respectfully returned to the Comdg. Genl Dept of Texas, San Antonio, Tx. The Secretary of War directs that charges be preferred against this officer, and that he be tried by General Court Martial in the Dept of Texas. (Sgd) Thomas M. Vincent A.A. General

5 Endorsement Respectfully returned to the Adjt General of the Army. The order for trial of Capt. Holgate was received at these Headqs about a month before my return from Ft. Sill. On my return Capt Holgate was not in a condition to be tried.

  He subsequently was placed in the Sisters' Hospital here where he has since remained under the daily supervision of Surgeon Hammond, the Medical Director of the Dept who has given much and careful attention to this case.  He now thinks Capt. Holgate is cured and that he will able hereafter to control his appetite for liquor.  Capt. Holgate is himself convinced of this, so much so, that he has tendered his resignation to be accepted whenever he is again found to be intoxicated.   While I do not share  this confidence I do respectfully recommend that Capt. Holgate be not tried by Court Martial this time.   In fact I do not think he could be tried at all for his conduct at Ft. Concho, as I do not believe him to be at that time, from the condition to which he was released, responsible for his acts.  Neither do I believe from the opinion Dr. Hammond now has of his condition, and of his ability hereafter to restrain himself from overindulgence in liquor, that he could be retired.   If the Secty is prepared to entertain the conditional resignation herewith enclosed, I respectfully recommend that Capt Holgate be ordered to Willetts' Point where he can be in the performance of his legitimate duties under officers of his own corps, and be subject to the restraints of strict military routine, and where it can be ascertained if he overestimated his strength in this matter.  In any event, I respectfully urge that he be relieved from duty in this Dept., where the necessary supervision in his case cannot be exercised, and where he is exposed to [?] of temptations from which he ought for some time to [?]