The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-04-29
COL. BARR HAD THE LAST SAY.
SUMMED UP EVIDENCE AGAINST
CAPTAIN CARTER IN DETAIL.

Asked Why MIR. WestcOtt Did Not
Go on the Stand-Thinks Greene
Divided the Funds-Some Pet
Names for ConnOIly-An Avenue
Lined With Irregular Pay Rolls
and VOuchers-Says the Accused
Has Tarnished the Honor of His
Corps and Appeals for n Verdict.
The sessions of the Carter court mar
tial are at an end; the fate of the officer
who, for three months and a half, has
been on trial. is now in the hands of thir-
teen of his brother officers who will meet
to-day and say upon each charge and
specification whether he is or is not
guilty
1t is generally believed that the court
will finish its labors to-day, put the re-
cord and its findings into the hands of
the Judge Advocate for Transmission to
Washington, and adjourn, each of the
officers to go to his respective station.
AS has been stated in the Morning News,
it will probably be month or six weeks
before the conclusions reached by the
court are known. They are under oath
not to divulge the findings until it has
been officially made public by higher au-
thority. This period will be required for
the reviewing officer to go over the re-
cord and get it in shape for the Presl-
dent.
The last day of the session was doubt
less one of much regret to many ladies'
regret that it was the last day. If there
was one lady in the court room yesterday
there were 100, and even more. Jury
stands, judges bench, and every corner
of the court room was filled to the ut
most capacity. They were there to see
the end. Every room in the custom house
had to furnish the chairs and benches,
and even then some ladies had to stand
for a time Almost everyone of them
remained from the morning hour until
Col. Barr had concluded his argument
and the court adjourned. There will be
many a sigh for something to do, now
that the court has done.
The space in the court room behind the
railing was filed in a moment by the crowd
that rushed in as soon as the doors were
opened Every spectator, and especially
the ladies, listened intently to Col. Bars
arraignment One of the ladies sitting at
the judges bench carried a camera,
| but whether she got a snap shot at the
| speaker is not known. To make room for
the many ladies, the black board was ie-
| moved from the jury platform on the
| northern side of the court room, and the
| new fascine" was used as a bench.
| Col Barr began his argument at once
when the court was called to order. He
had before him something more than one
hundred typewriter pages of manuscript,
| from which he read his remarks. His
| speech was necessarily a summing up of
| the evidence, and deductions from it, He
went into every specification under every
charge in great detail, emitting only those
which the court will not consider on ac-
| count of the statute of limitations.
Col Barr began by saying that 1t was
matter of congratulation to all concerned
| that this long case was drawing to a close.
1t is a duty, he said, painful to officers TO
| pass in judgment upon comrade, but
| when necessary they approached their
duty promptly and fearlessly.
Col Barr thanked the officers of the
court, counsel for the defense, and espec-
| tally Capt. Mcclure for his untring and
able efforts in aiding him in his work He
then proceeded to his argument on the evil
| dence. 1t was useless, he said to try to
influence court of this kind by eloquence
or rhetoric; the judgment must be based
| upon what it finds in the four corners of
| the record. 1t is not a case to be govern
ed by the emotions, but by the facts as
| they appear in evidence.
Col. Barr then read the specifications
under the charge of conspiracy against the
| United States government and legal def
ntions of conspiracy. 1t had been shown
already, he said, that the checks under the
1886 contracts had been paid, but of that
more later.
The regulations required he sad that
advertisements be published thirty days.
| There is no difference between should"
and "shalP' in the regulations. The ac-
| cused disobeyed the rule as the evidence
shows. He called attention to Capt Car
| ters telegram to Connolly telling him
to publish the advertisements dated June
6, on August 49, the bids to be opened
on Sept. s. He also referred to the in
structions to Sterly to send Capt. B. d.
| Greene a copy of the specifications as
soon as he heard from Washington
| Neither the accused nor Capt. Greene de-
MED this, he said. When it is consid-
cred these bids were for &c. $50, 600 worth of
work it is apparent that he did not give
the time in the advertisement which the
interest of the United States demanded
Col. Barr called attention to the many
| reasons why prospective bidders would
want time to prepare their bids. They
would need time to examine the work
time to find out whether they could be
required to put in log mattresses when
the specifications call for them, time to
find out whether tarred rope means wire
or lath yarn, time to find out whether
| a well-trimIned well-choked fascine
means a loose bundle of brush, and time
for many other things before he can
make an intelligent bid.
Col. Barr spoke of several bidders who
secured three copies of the Specifications
in 1896, just a few days before the tire TO
open bids. 1t was no wonder, he said,
that they did not bid Why was James
Foley refused a copy of The specifications?
Connolly prepared them for delivery, but
refused them after a trip to the inner
room. 1t is not difficult TO guess who was
there. What motive was there for this
refusal other than desire TO know where
every copy Of the specifications went. and
to know who was and who was not going
to bid? The same may be said of the al.
pica ton of Messrs. Barrow & Osborne 70.
specifications. When there were plenty
of them on hand why should they not be
sent to one of the most reputable firms %
attorneys in the slate? He spoke also of
the experience of Mr.. William H. Venahle.