Show p THE PENALTY IS DEATH Soldier Who Deserted While Under Fire In the Philippines San Francisco July 26On board the transport Ohio which with the Newport New-port sailed at midnight for the Philippines Philip-pines was Benjamin Givens private of company H Fourth United States infantry in-fantry manacled and guarded to be returned to Manila for trial upon the charge of desertion In the face of the enemy the penal for which Is death The young soldIer has been confined in the Presidio guard house since last Friday He was taken there from the transport Indiana When taken before Colonel Freeman at the Presidio today GIvens stated that he had not realized for a week after af-ter he deserted his post the enormity of his offense He had been drinking heavily and In his halfcrazed condi ton went aboard the Indiana Four or five das out the frt sergeant of his company who was coming home In charge of an Insane soldier Eaw hIm and reported to the commanding of ocr Ghens was ordered Into custody and as soon as the vessel arrived he was sent to the Presidio cabled orders from Manila directed that he be sent back for courtmartal GIvens deserted from his company when It was statoned at block house Xo 7 a mile and a hal north of Ma ails The company was under fire constantly con-stantly from marauding bands One day In the latter part of May he went to Manila drank heavily and cast mill tary V obligations to the wind |