New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-05
CHECK IN CARTERS 1hIAL.
WITNESSES WITHHOLD INFORMATION
AND ARE ADJUDGED IN CONTEMPT.

w11NEssEs WITHHOLD INFORMATION
AND ARE ADJUDGED IN CONTEMPT.
rosrru BnOwN OF THE KN1CKERDocKER
TRUST COMPANY. AND WILLIAM H. FIAGo
STOCK BROKER THE RECAIC1TRANTs
-JupaE-ApvocArE BARR BIT
rERLY DEPLOREs THE
LIMITATION OF THE
COURTS POWERS
FruItless efforts were made at the trial oy court
r,ort,ol NJ CAPTAIN Oberin NJ Carter. OF the Corps
OF Engineers. United States Army yesterday, 10
socurs testimony from the officials OF the Knicker-
hooker Trust Company and the American E'xchahse
National Bank in regard to accounts KEPT ny d. ~
Green who is connected with the case AS uide'
n ruling Of Attorney General Garianu' cour's-"H'
tial have no power to compel an unwilling witness
90 tasu,v the contumacious witnesses were simply
declared In contempt An emphatic protest was
made by Colonel Barr. the Judse-Advocate con-
Quoting the case. against the existing law
Further testimony was given by Assistant Treas
urer Jordan in regard to the check on which the
signature of Arson NJ Bangs was cleverly copied.
and by the cashier OF the American Exchange Ma
,,onal Bank In regard to the certihcaton OF that
check. Testimony WAS also given In regard 10 zap
tain Carriers transactions with brokers TOT MS
father-in-law Robert F. Westcott OF the Westco't
Express Company.
There were many spectators present when the
proceedings were resumed yesterday morning. those
present including number OF friends OF Captain
Carter and several women from the Governor
Island post who took deep interes. In the trial
BY arrangement In the Board room. the
thirteen officers composing the court sat in semi
circle, insteai OF on both sides OF a long table.
They made a brave display OF full-dress uniforms.
Captain Carter. the defendant; Captain Gillette.
who succeeded him at Savannah. and Colonel Barr
Judge Advocate Of the court appeared In fatigue
uniforms In opening the proceedings Colonel
Barr read from the Revised Statutes of the United
States. which provide that contract with the
Government is void II assigned. and that no power
OF attorney right TO sign for another shall be
valid in any claim against the Government. unless
the power OF attorney is on file and has been exc
cuted in the presence Of at least two witnesses.
TESTIMONY FROM c. N. JORDAN
Conrad ~ Jordan. Assistant United States Treas
urer. recalled the first witness. The checks
shown upon which. 1t is asserted. the in
dorsement Of Arson NJ. Bangs was written by Cap
tain r. d. Green and he asked IL he
Assistant Treasurer when that check was paid
After examining 1t. Mr.. Jordan said he He
asked what would have taken place II 1t
had been known that the signature not genu-
Inc.
The check would not have been paid" replied
the witness
Was there power OF attorney authorizing any
to sign the name OF Arson NJ Bangs on lie
with the sub-Treasury?' asked the Judge Advo-
cate.
we have nothing of the sort file 1t would
not affect the matter II any one produced such
thority at the present time
To Captain Carriers counsel. F. r. Blair. the wit
ness said when asked II he violated the statutory
regulations in paying the check when there
no authority for the signature on file. that 1t
a violation through igno. ance. He explained that
when IL was discovered that the name Of Mr.
Bangs had been signed "Anson NJ" and "An-
son NJ" the check was sent back TO the American
Exchange National Bank and was returned with
the Endorsement guaranteed by the cashier, Mr.
Burns. Under Clearing House rules he was then
justified In taking the check. as the bank became
responsible. The Clearing House controlled in the
matter.
III work has been properly done under a con-
tract and check for 1t is duly drawn by dis
bursting officer. what concern OF the Government
is 1t whether the check Endorsed by Bangs
himself not?" asked Mr.. Blair
Il cannot answer legal question" replied Mr.
Jordan.
Mr. Blair held that the witness had answered a
legal question for the Judge-Advocate and had the
record read He then asked: Assume now that
the signature OF Bangs was written by Green; II
the latter had authority to sign would that alter
the matter?'
NO SIR" the reply.
did you assume that 1t a forgeryT'
NO sir"
Would there be any claim against the United
States II the money wrongly paid upon these
endorsements?
"A claim could be made for the money"
IF Bangs ratified the Endorsement would the
claim be good"
II can't answer legal question" was the only
reply obtainable
The witness further said that he never knew of
similar claim. and that Captain Carter could not
have known OF the Endorsement excep; by a specla.
request at the sub-Treasury the check
Major Myrick. n member OF the court asked
whether the word attorney would have to follow
the name Of person with power OF attorney to
sign another PERSONS name. and told II would
The proper form of signature would have been
'Anson NJ Bangs. by b. d. Green. attorney"
mo"
Il ask that the witness be adjudged in contempt
General Otis. the presiding officer at once said
TO punish under the ruling Of the Secretary OF
William H. Flagg. of the stock -broking firm OF
Reade & Flagg at No Il Pine-st., testified that he
knew and had had dealings with Captain Carter
who had account with the firm az attorney for
customer. The account produced, and showed
that on October s. and 10, 1885. Delaware Iacka-
wanna and Western and Delaware and Hudson
2s3 g. He first consulted about the purchases the
sasy his The He WEE" gy
out in the name Of Captain Carter. He had been
colt, for whom he acting one Of the pay
ments made by Captain Carter was OF $4,000 in
cash.
The witness declined. under advice Of counsel TO
produce the books and papers letters which bore
upon these other transactions OF Captain Carter,
as they also contained business OF others. II was
with reluctance that he named Mr.. Westcott ns the
person Cor whom Captain Carter acting Mr..
Westcott at the time In Europe. md when he
returned he sold the stock. as he wished his money
10 be invested In bonds. The stock was Put in
Captain Carriers name, so that II could be sold in
the absence OF Mr.. Westcott abroad. This the
witness thought. had been an in bookkeeping
ND urcrror,rc AccOr-,,rs
The witness declined to give any Information in
regard to Mr.. Westcotts accounts when Captain
Carter purchased stocks and bonds He was asked
II ne would disclose them II Captain Carter was IN
great peril. He replied that Mr. Westcotts attor-
ney Ind advised him not 20 give any Information OF