The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-13

10 ms trial within the said period"
MT. Blair, after reading and handing in
the court:
May It please the court: The Congress
oil the United States. in its wisdom, has
enacted the one hundred and third arti-
Gle OF war; otherwise known as the mill
tary statute of limitations. This has been
Done pursuant to the modern juridical
policy of all civilized nations for the pro-
tectlon OF persons accused of offenses. 1t
is statute of amnesty and courts and
approAed text writer's unite in saying
that as such ii must be construed liber-
any. 1t is notification to the accused
uidt ne may cease to preserve the proofs
OF ms innocence, for by legislative act
Ine proofs or his guilt are blotted out
Inc policy is a wise and humane one. on
the one hand 1t prevents wicked and de-
signing persons from treasuring up
proofs, oral or written susceptible of a
construction pointing towards guilt and
When by lapse of time explanatory proofs
are lost, bringing them to the light of day
10 the harassment, or, perhaps, conviction
OF an innocent person. On the other hand
IL compels public officials charged with
the duty of prosecuting crime TO be in
slant in service
me plea here interposed is not a con-
iession OF guilt; 1t is entirely compatible
WIN innocence, as was said by Mr. Jus
uce story; The defense is an honorable
Defense
10 meet the multitudinous charges pre-
IsIIeu against me has necessitated a re-
view TOT some years or all the acts of a
very busy life; life concerned with large
aHalrs involving numerous details
IN TINS review find many papers lost;
the meaning of memoranda made at the
t'nie, ana then sufficient for their purpose
mas become indstinct, and in some cases.
me connection lost; witnesses cognizant
oI lacts, ana whose testimony would clear
my reputation as to some of the specif-
cations are dead; my own memory fails
me IN some instances.
Ihese considerations, old as the law it.
SELL nave induced me as to certain specif
ute" "a 'He S'"'
Thls statement to the court was signed
by Capt. Carter
An examination of the charges and
speclhcations will show" Mr.. Blair said
mat they have grown out of seven diff
I l contracts. as TO five of which the
other two ii does not The payments mada
uhder those contracts are grouped. ana
are charged against the accused under
Tour dlmerent charges. Precisely the same
matters are charged and the same facts
inNolVeu IN TOUR different aspects, as will
be manifest to the court upon examira-
uon OF the amounts and dates. This
pea simply eliminates the matters relat-
ing to the first five contracts. while those
relating to the contracts of 1896 remain.
Inc charges as TO the methods pursued
the materials used and the general plan
OF the project are the same under the
two contracts of 1896 as under the five
preceding contracts. They involve a sim
mar state of facts, and the court Is not
barred from making a full investigation
of the harbor work."
Col. Barr, in reply, said the accused
will In nf-
the plea, and that he could not ask the
court 10 refuse to sustain it, Instead of
clearing the court room to deliberate on
the question, as is usually customary. the
oiilcers of the court retired for a mo-
ment. Clearing the court would perhaps
have been a difficult matter. while retir
ing to one of the jury rooms was com.
paratively easy
Within a few minutes the court returned
and Gen. Otis announced that the plea
of the accused had been sustained Cant.
Carter was asked by Col. Barr what he
had to say to the second specification un-
der the first charge, and he replied in a
clear tone Not guilty"
A similar plea of the statute of limita
tons was entered to specification 1 under
charge :, and the court was obliged to re-
tire again. In order to save time 1t was
explained that similar pleas would be en-
tered as to ell the specifications covering.
matters under five of the seven con-
tracts involved, namely, the contracts Of
1892, 1893, 1894, and 1895. The court then re-
tired and upon returning sustained the
pleas as to the specifications mentioned
A summary of the charges and specifca-
tons showing what specifications were left
out under the special plea follows To all
OF the other charges and specifications
Capt, Carter entered the plea of moi qui.
ty."
The first charge is "Conspiring to de-
fraud the United States, in violation of
the sixtieth article of war"
Ihere are two specificat lions under this
charge, the first with regard to the con-
tracts of 1892, 1893, 1894, and 1895 for work
In the Savannah river, Jeylxl creek. Cum
berland sound and in the Altamaha. at
Darien and on the inside route. The
speclhcation covering these contracts nm
ger the nrst charge was thrown out by
the court, the special plea of the statute
OF limitations being sustained
The second specification under the Srst
charge says that Capt. Carter, intending
TO defraud the United States and 10 aid
the Atlantic Contracting COMPANY a cor
poration, and John F. Gaynor, William II
Gaynor, Edward H. Gaynor, Arson M
Bangs and other persons consnjred 10
defraud the United States by aiding these
parties TO secure the payment of false
and fraudulent claims In EXPLANATION
-
ter so managed the advertising for bids
for the contract of 1896 for the improve
ment of the Savannah harbor, and the
matter of giving out information with
regard to this contract as to enable the
Atlantic Contracting Company to secure
the contract for the work Then 1t =
charged that after securing the contract
the Atlantic Contracting Company fur
nished and put into the work mattresses
stone and other material which were diff
ferent in kind and character from the
mattresses, stone and other material con-
tracted for which were very much less
costly to the Atlantic Contracting Com
pany, as well as of less value to the
United States. This work with the al
legged inferior material in it, ii is stated
Capt Carter caused to be accepted and
caused 20 be paid for IL $3.50. 749. 80 from
the money of the United States
A precisely similar charge appears fol-
lowing this with reference to the work
at Cumberland sound under the contract
of 1896, 1T Is charged that cheaper and
less valuable materials than those con-
tracted for were also accepted in this
work, and that $4,000 was paid ont for