The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-16

Purpose of Examining Mr.. Marion
Twiggs, who Is Too Sick to Come
to Savannah-Capt. Gillette Cool
and Collected as n witness-Some
Changes in His Testimony rs
Given on the Direct Examination.
Question of Mattresses and Rock
Dealt With in DetaiI-His Meeting
With Capt. Carter in Washington.
The members Of the court martial before
which Cart O. NJ. Carter is being tried
will go to Augusta Monday night for
the purpose of hearing on Tuesday the
testimony of Mr.. Marion Twiggs. formerly
employed on the river and harbor work
as an engineer and an Inspector.
This was definitely determined by tele
gram received by Col Thomas F. Barr
judge advocate, yesterday in response to
his request upon the Secretary of War
for the authority. Mr.. Twiggs is too i'll
to come to Savannah and as his testi-
mony is considered important by the judge
advocate. the court must go to him.
There was a suggestion, as is explained
herein, that his deposition be taken, but
on account of the strict construction of
the Articles Of War, it was decided that
this would be an error in the case. Col.
Barr then wired the Secretary of War for
authority to have the court go to Au-
gusta for the special purpose of hearing
this testimony, and that authority has
been received
Under the order appointing the court it
is compelled to sit in Savannah, and
could not of it's own motion have gone
TO Augusta. Such an action without au-
thority would have vitiated the entire pro-
ceeding. This permission from the Score
tary of War, however, fixes the matter
and the trip will be made. The testimony
win be taken Tuesday and the court viii
return to Savannah and resume its work
here Wednesday.
The proceedings before the court yester-
day consisted in concluding the examina-
ton of Capt. Cassius f. Gillette. Col
Barr finished the direct examination with
in short time asking the witness further
questions as to the quality of the mat
tresses and other materials in the work.
and those called for by the contract
up, the questioning being by Mr. Frank
b. Blair for Capt. Carter. The witness
made his statements with apparent care
and elaboration, and was cool and col
lected throughout Much of his testimony
given the day before, however, he found
1t necessary TO modify on the cross ex-
animation to some extent. The crowd in
the court room, which has not dwindled
from day to day, listened to Capt. Gill
cites statements with undated interest
Col. Barr announced that for the purpose
of facilitating the making of the record he
had found il necessary 10 secure an extra
reporter. He swcre Mr.. w. o. Tarver of
Augusta, who will assist Col. Geo. T. Cam
with the work
The judge advocate then stated that he
had matter of the gravest importance 10
present to the court, the announcement of
the dangerous illness at his home in An
gusta of Mr.. Marion Twiggs. a most i'm
portant witness in the case. He is so dam
gerously Ill Col. Barr said, that 1t would
be impossible to bring him to testify here
He said he had the certificate from Mr.
T'wiggs' physician as to his serious condi-
tioa.
1T is essential to a fun understanding
OF. this important case" Col Barr said
that his testimony go on record. AS he is
within the. state his deposition cannot be
taken except by agreement of counsel for
the accused" He suggested that counsel
agree to the proposition so that the depo-
sition might be taken and the trial facih-
tated thereby The only question, he said.
was the article of war on the subject
winch may forbid such taking of deposit
ions when the witness is within the state
I'VE would be glad to confer upon that
subject" Mr.. Blair said, land will advise
you later as to what we will be willing to
do
Should counsel agree with me with re-
gard to this matter" Col. Barr said sit
would perhaps be desirable for one of the
counsel for the accused TO proceed to Au-
gusta to be present when the deposition
Us taken, and that 1 send my assistant
Capt. Mcclure, TO represent the govern
ment. When the deposition is received
here any of the questions and answers
may be objected to before the court and
passed upon AS to relevancy, competency.
or admissibiity."
Gen. Otis said the court would like 10 be
enlightened by counsel as to the rights of
the accused.
IF We consent to the taking Of the dep
osition," Mr.. Blair said "the court NAV
rest assured that we viii make no point
upon it. I am not informed as to wheth-
er the deposition can legally be taken or
not, and would like first to inquire as to
that point"
Mr.. Blair agreed to inform Col. Barr as
to the decision of counsel for Capt Carter
in the matter during the days proceed
ings, and the examination of Capt Gillette
by Col Barr was resumed.
Capt. Gillette said there were other uses
for mattresses besides those he gave They
are interspersed in stone jetties sometimes
to bind them together. and for other bur
poses, besides in the ordinary jetty. This
is not so much so in sea water because
of the teredo, small organism that de-
stroys the wood. Any wooden structure
In salt water is always dangerously ex-
posed to the teredo.
Col. Barr asked as to the advantages
of the three types of mattresses named
I'm the specifications on a work like Cum
bertrand sound, Capt. Gillette said. The
use Of the first class of mattress made az
logs wouloLbe very dangerous. They would
not so well stand the action of the water
and they would be too expensive. The
second design of mattress of small arti-
fetal logs, or fascines would serve the
purpose of a work of that kind much bet
ter. 1t is the better design of the three
for the work in hand, he said. II amounts
simply TO a better made mattress than
the third design, but otherwise similar
to it. The third design Is q looser mat
tress, and It's grillage poles are farther
apart. The second design Irrespective or