The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-19
WILL LIKELY GO TO NEW YORK
COL. BARR HAS PERMISSION TO
TAKE COURT MARTIAL THERE.

A Number of Witnesses in That state
wanted Before the Court Martial
Talk of summoning the Contract
orx TO Testify-Witncsses Wanted
by the Prosecution Not known
Secretary of War Has Granted Col.
Barr Permission TO Go There
Whenever He Deems 1t Necessary.
Court May Go Next week.
It Is altogether probable that one day
next week the Carter court martial Will
adjourn to New York city. There has
been some talk about going to New York
for the last two days, and the war de-
partment has been communicated with
relative to the matter.
Permission was received from the de-
partment yesterday by Col. Barr to take
the court to New York as soon as he
deems it necessary to do so, and 1t ap-
pears to be the general opinion that this
time will come early next week.
Itsappears that there is certain evidence
that Col. Barr desires to secure and place
before the court. just what 1t is, cannot
be definitely ascertained, but 1t may be
that of the contractors and it may be that
of other parties, among them officers or
clerks of the Union Trust Company, with
whom Capt Carter is said to have had an
account. Whether evidence on that line
is South, is not known.
1t is true, however, that a court mar
thai cannot compel the attendance of a
witness from point outside the state
where it is sitting; it has been demonstrat-
ed already that such a court cannot COM
pei a civilian witness to testify. The
court, however, can enforce the atten-
dance of witness within the state, for
1t has the power of arrest but this power
does not extend beyond the limits of the
state.
The contractors who belong to the At
lantic Contracting Company, whose name
have been frequently mentioned in the
case, now on trial. both live in New York.
They are Capt. B. d. Green and Col. John
+. Gaynor. They would not be compelled
to attend unless the court were sitting
in that state. Whether it is these gentle
men the Judge Advocate is after, or other
witnesses, could not be ascertained.
At all events Col Barr now has in his
possession an order from the war depart
ment permitting him to take the court to
New York and to examine witnesses there,
and the chances are decidedly in favor of
his doing this next week. II has not been
determined yet just when this will be
done, but 1t is probable that all of the
testimony of the prosecution to be secur-
ed here will be exhausted before this step
is taken.
In the event the court should go TO New
York next week it would simply take the
testimony of the witnesses there, who are
wanted by the prosecution, and return at
once to Savannah. The trip to New York
would only be for the purpose of securing
such witnesses as might be desired there;
the session of the court must be concluded
and its decision reached here.
Should the court be taken to New York
1t would be good thing for the officers.
Their mileage is all they have to depend
on, on occasions of this kind, and a trip to
New York city, which would pay them four
cents mile each way. would not be unac-
ceptable from any point of view. The Off
GERS have been under quite heavy
expenses here, and they would doubt
less be delighted with the trip 1t is like
ly, however, that the expense would be a
heavy one for Capt. Carter even though
the government pays his personal ex-
penses, for he would have to take his at
torneys. Some definite decision as to what
will be done, will probably be reached to-
day. -...-