The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-11
riN Nd COMPEL CIVILIANS.
(contued from Eighth Page)

Far
atinr false Endorsement. and that is
Na,rIvuestion here. To that, this report
~. 49,, .levancy l will state again that
ne. ,il ,cosed is under very great expense,
~ we My want to avoid what is irrele-
want ashis report is.
IT, curt will probably want to read
.his rs,rt at sometime" Col. Barr said.
..U-b,not read Gen. Gilmore's report of
# ,oe,9 nat refers to Hutchinson's Island, 1
TAO - sid Mr.. Blair.
9Th is true" Col. Barr said, 'but Gen.
cr+,o, is not on trial before this court,
ND te accused IS. think will read his
~anort' and Col. Barr started in upon it.
81 tf,e IL a report on the same subject
81 s-oD, sol Peter c. Hams was read, in
ibicthe also said excessive rentals had
81 teen emanded by property owners on
Hutcfnson's Island.
n Impose you can convict Col Hams
Fl In mt" Mr.. Blair said, "as l see he has
Fl Ioiso ;poken of a demand for excessive
rentls."
aCI. Hams is not on trial before this
z caur" Col. Barr answered.
MIR D. B. Lester was called, but he did
not respond, and Capt. d. G. Purse was
mi on the stand. Capt Purse had once
4 nWned lot No. 4 on Hutchinson's Island,
which cost him $500. This was twelve or
thirteen years ago, and he sold it then to
Mr.. H. F. Willink at the same price. He
did not buy it for speculative purposes. 1t
common IuIQOF tHdI lHS BON6Tu-
,nent had at that time abandoned the pro-
iect for widening the river. The govern
ment's project of widening the river had
no relation whatever to his purchase of
the property. He owned it before Capt
Carter came here. The land at that point
was Of some value, he said, because it was
I'm the center of the improvements on the
island. The land generally on the island,
be said, was of little value.
Mr. H. f. Willink was then put on the
stand 10 testify as 10 his property on
Hutchinson's Island. AT the time the pro-
ject to cut off the island was under con-
sideration ne went to Capt. Carter, who
told him the government would pay him
damages, for the removal of his
marine railway. He went up to put
in bid on removing the railway, but
Capt. Carter told MIN he would have to
bid on the whole contract He said, how
ever, might get a sub-contract. He did
not know of property having been bought
up over there since 1892.
On the ross-examina ton Mr.. Willlnk
said he did Indicate to Capt. Carter that
he would expect payment for the time ne
was cut out Of the use of the railway. He
said he had originally claimed about $685.
600 for his property, but had agreed to
take $27, 800 which was the award of the
board of arbitration. He required that the
government, in taking his land, should
build him an entirely new marine Railway
co., he said and the damages would now
be much heavier should the government
take it from him. He would have demand
ed about $1,000 a month while the rail-
way was being constructed. He had told
Capt. Carter he would expect to be paid
for this loss of time, but did not say how
much.
Mr. Jacob Paulsen proved the most In
teresting witness of the day. He is presi-
dent of the Propeller Towboat Company
of Savannah and of the Savannah Dredg-
ing Company. both of which companies
own property on Hutchinson's Island. The
latter company has also done some work
on the harbor and has put in bids on sew
eral contracts. Mr.. Paulsen said he had
never made demands upon Capt Carter
for any excessive rentals for property on
Hutchinsons Island.
Have you seen any stockholders of the
Propeller Towboat Company in the court
room here?" Col. Barr asked.
yes, sir, I think So Mr. Paulsen re-
piled. 81 saw Mr. Minis here. He is a
stockholder."
but look around you How about that
gentleman" he asked, indicating Capt.
Carter.
Yes, sir, he is a stoelholder," the wit
ness said
How many shares does he own?' was
asked.
"He owns $50 shares" was the reply.
a some length on the subject of this
stock. Capt. Carter bought it, he said,
shortly after he came here. The company
was quite successful at that time. 1t had
not been quite so successful recently. He
did not know who Capt. Carter bought it
from.
Are Messrs. Green and Gaynor stock
holders, too?" the Judge Advocate asked.
Capt Green is not, but Mr.. Gaynor is, y
was the reply.
Are Green and Gaynor stockholders in
the Savannah Dredging Company was
asked.
yes. sir" Mr.. Paulsen replied.
rs there any agreement or understand
Ing among the dredging companies here
with regard to the means of getting the
work?' Col. Barr asked.
This question startled the witness for a
moment.
Am 1 on trial?" he asked, seemingly
In amazement
NO you are not on trial. the Judge
Advocate replied. "It is simply a business
matter, business proposition, and l do
NOT see why you cannot answer the ques-
ton"
Il beg the court to protect me-" Mr..
Paulsen said
Mr.. Paulsen said he did MOI like to an
swer the question. He I'D not desire to
discuss any confidential business matters,
should such exist. Gen. Otis thought that
was not any reason, and nrSt SAID tnat
the witness should answer the question.
1t is no concern of NINE" Mr.. Blair
SAID in addressing the court, 'but 1 will
can the attention of the court to the law
IN the matter under which civilian wit
ness cannot be compelled by this court to
answer questions. The Attorney General
mas so decided, and the court should in
form the witness of his rights in the mat
ter"
iheAttorney General may have said
so, Col. Barr said with some show OF
spirit, but that is not law. A court mar
ual IS as legal and has as good status as
any other court and it should be so held.
me Attorney General simply said that
mere could be no punishment inflicted for
refusal to answer"
Mr. Blair then said that the court should
state to the witness that he could not be
puhshed for refusing to answer the ques-
tIoh' should he see fit to refuse, and Gen.
gus so stated to him
Then you decline to answer the ques-
uon?' Col. Barr said.
yes said Mr.. Paulsen, IT don't think
'here is any reason why / should do So"
all