The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-12
TO INVOKE HIGHER POWER.
COL. BARR's THREAT If WIT
NESsEs REFUSE TO ANSWER.

Court Again Told Him 1t Could Not
Punish HIm-Witness Was Asked
About Capt. Carriers Stock in the
Propeller TOwbOat Company
Other witnesses Testify About
HutchiSon's Island.
The Judge Advocate before the Carter
court martial, Col. Thos. F. Barr, has prac-
| tically given notice that IL civilian wit
nesses refuse TO testify in the case now I'M
der consideration, he will invoke the aid of
| Congress and of the United States courts
in making them do so.
Col Barr opened the proceedings of the
| court yesterday morning at 10 o'clock with
an announcement practically to this effect.
| Nevertheless, when Mr.. Jacob Paulsen
went on the stand again and was question
| ed as to the record of Capt. Carter's stock
| holdings in the Propeller Towboat Com
pany, he refused a second time to answer.
| This brought forth a remark from Gen.
| Otis who said he thought the witness was
morally bound to answer the questions put,
though he stated again the court had no
power to punish him.
Col. Barr addressed the court as soon as
it had been called to order. He said:
May it please the court the morning
paper of this city, and doubtless the press
throughout the country, gives evidence of
| the tender solicitude of counsel for the de-
Tense to protect a government witness
from making answer to an unpleasant in
quiry of him; and 1t is evident that this
is public notice to witnesses that court
martial has been deprived through what
has been held by some to be defective leg
islatlon, of the power to punish a contuma-
cious Witness 1t is noticed that its
mandates may be disregarded by a witness
who may refuse to answer an interroga-
tory put to him, after he has taken SOL
emn oath in the presence of his God, to tell
the whole truth and this court, and all
courts universal are powerless.
Public notice of this kind having been
given, deem it my duty to make this
statement. that 1t may also be made pub
| lie; that there are other tribunals beyond
this; that the civil courts of the United
| States, that the Congress of the United
| States, can call witnesses who refuse to
testify here and compel them to testify
| and give out the knowledge they possess
| touching the charges that are before this
court. I do this as a duty, that witnesses
may know that this is a court of justice,
| court in which, as honest citizens. they
should come and help in the administra-
ton of justice, and not thwart and OBJ
| struct it,
II protest against the implied threat Of
| the Judge Advocate against this accused"
| Mr.. Blair said Tin saying that there are
| other courts before which this matter may
| be investigated. 1 submit the remark is
| utterly improper to go upon the record of
| this court-mertial, and 1 enter the protest
! of the accused"
Counsel and 1 evidently disagree as to
! the prophecies to be observed in the trial
| of this case" Col. Barr said. II have no
| objection to his remarks being recorded"
! When Mr.. Paulsen returned to the wit
| ness stand he asked permission to make a
| correction in his testimony of the day be-
fore. He had stated that John F. Gaynor
was a stockhoder in the Propeller Tow
boat Company. He wished to correct that
| and say that Mr. Gaynor was not a stock
| holder in that company and never has
| been.
Mr.. Paulsen, in answer to questions from
the Judge Advocate, said he had not de-
| termined where he was going to get the
stone in case he had secured the contract
| for Savannah river work in 1892.
| rs it not important for you to know I'M
| der a $3,500,000 contract where you intend
/ to get your stone and what IL is going to
cost2" Col. Barr asked.
Yes, sir that is true" was the reply.
But Mr.. McCauey and myself talked that
| all over at the. time. 1t is a long time
ago and cannot remember all the details.
| l know we talked about stone from New
| York and stone from Florida
| You did not know just what you in
| tended to do about the stone in case you
| got the work?'' was asked.
mo, sir" was the reply, there was
time enough for that afterwards -
II asked you a question yesterday which
| you declined to answer. 1t was a plain
| business proposition which might have
been asked any railroad president as to
whether they had any agreement with re-
| gard to traffic Do you StiA decline to
answer that question:" asked Col Barr.
II still Decline" Mr.. Paulsen said.
Had you any idea when you put in
your bid that you would get part OF the
contract?"
That is hard question. A man might
| be certain of getting a contract and then
miss it ALL" was the reply.
Did you have any agreement with out
side parties about that bid?" was asked
| II cannot remember that now" was the
reply.
did you or any of your representatives
ever have any discussion with the Gay
nors about these matters?" Col. Barr
| asked.
Il y
did you intend to carry out the jetty
| contract If you had secured it, or sub-et
it?"
II did not go that far into the matter"
| Mr.. Paulsen replied.
who filled out this bid, Mr.. Paulsen?"
81 do not know. l have honestly tried
| to remember, but cannot. That's hon
| est" Mr.. Pauisen said.
| Mr. Paulsen said he could not remember
| Just what basis his bid was made out on
| His attention was called to some appar-
| ent Inconsistencies in the prices put down
| for pilng, the price being S1.55 per linear
foot with three piles, and ISL for cluster
| of three piles. The latter might have been
a good price, he said, but that was the
reason they felt they would make money
! out of the contract There certainly was
some reason for it, he said, but what II
| was he did not remember. He had seen
mattresses made, but knew very little
| about the actual construction OF them.
did you have any informat ton from
any other source than the specihcations?"
| was asked
81 had none from the Gaynors." was the
| reply.
Il did not ask that" Col Barr said, re-