The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-17
LETTERS AND TELEGRAMS.
MORE EVIDENCE FROM CAPT. CAR
TIERS PRIVATE PAPERS.

Ross Refused Point Blank to Tes-
tify-Was Told He Was in Con-
tempt of Court, But Could Not BE
PUnished-ChnrEes of Being Abb
sent without Leave and Making
False Statements to the Chief of
Engineers Brought Up.
The court martial furnished another in
teresting four hours yesterday. Another
of Capt. Carriers letters were read, his
personal Geographic code was put in evil
dence, another witness refused 10 testify,
and was told that he could not be pun
ished for his contempt, and another spec
iication under the charge. conduct un-
becoming an officer and gentleman" was
taken up.
The letter in question was from Capt.
Garter to Capt. B. D.. Green. The tele>
| raphic code was objected to on the
ground of irrelevancy, but the court adj
mitted it, seemingly on the line of the
charges of absenting himself from his
post without leave.
The appearance on the stand of Mr.
Sam Ross was one of the most interesting
| features. He was asked for books of the
Smith & Kelly Company to show certain
transactions with the Gaynors, but refused
to bring them, and refused to answer
any of the questions pat on the ground
that his company had never had any
transactions with Capt. Carter, and he
did not wish TO give out any private bust
ness affairs. He was told that he was in
contempt of court but that the court was
powerless to punish him. Col. Barr told
him the civil courts had power to send
him to Jail for such refusal.
Col. Barr offered in evidence a letter
written by Capt. Carter to Capt Green in
September, 1885, This was one of the let
ters admitted by the court the day before,
but not then read.
The letter was addressed Dear Cap
tain" and began by saying there had been
some delay about specifications, "as every
thing goes to Craighin first" but he would
send them as soon as they were out. The
letter went on to speak of a paving COM
pany which had been organized in Savan-
nah Capt. Carter stating he could get
fifty shares in it, The scheme was out
| lined showing that the company had
| contract with the city to pave Liberty
street and stood a chance of making ST.,
900 out of the work. He said in the letter
that he did not have the money to invest
at that time. as most of his money was
tied up in Ohio. He thought, however,
that Capt. Green or Col. Gaynor might
like to take $1,250 or $500 of the stock.
The letter then went on to say something
about contract that had been made with
the Central Railroad for delivering stone.
1t told Capt. Green that he could get the
Central Railroad to deliver 800 tons of
granite a day here a s1.50 to $L70 per ton
of 2,240 pounds. The letter then spoke
about some rooms at the request of DR.
Backman and concluded with Don't fail
to let me know about the paving company
l must decide and pay in the Doodle if 1
come in"
This is the letter is said to have been
written to Capt. Green at the request of
Gen. Z. p. Alexander who was seeking
other capital in the organization, though
this was not brought out in the evidence
Col. Barr then asked Col George l.. Gill
lespie, who was still on the stand If Col
John F. Gaynor went before the board of
inquiry in New York, and he replied that
he did.
"Was he questioned as to the ownership
of the Empire Construction Company and
the Atlantic Contracting Company" Col
Barr asked
HE was" Col. Gillespie replied.
What did he state as TO their Citations
to each other?" was asked
The defense objected on the ground that
Gaynor could be brought here as a wit
ness, and then cross-examined under oath.
The defendant, he said, could not be bound
by the declarations of the party mentioned
made under such circumstances.
Col. Barr submitted that the testimony
was entirely pertinent. "A prima facie
conspiracy has been established before
this court, under the indictment in which
John f. Gaynor is mentioned as one of the
parties to the conspiracy. and any declara-
tons he may have made are competent
evidence
The court did not sustain the objection
of the accused, and Col Gillespie was ask
ed to state what Col. Gaynor said before
the board on this subject.
"Col. Gaynor said he knew of the exist
ence of the Empire Construction Compa-
ny" Col. Gillespie said. HE stated il
was organized to carry out contract in
Orange, n. j., which was done, under A.
NJ. Newton. After the completion of that
contract the company went out of exist
ence. Col. Gaynor was asked if the At
lantic Contracting Company was not the
same as the Empire Construction Com
pany with the exception of the difference
in names Col Gaynor replied that New
Ton ana others were not members of the
Atlantic Contracting Company. In Orange
the Empire Construction Company be-
came involved in law suits and was in
bad odor, so found it advisable to go out
of existence as soon as possible. Col.
Gaynor said he was interested IN the At
lantic Contracting Company, but gave no
other names"
Col. Barr here turned the witness over
to the defense and the examination was
by Mr. Blair. Mr. Blair examined him in
detail upon the manner in which the board
of inquiry proceeded to investigate Cant.
Carriers private papers.
Col. Gillespie said he and Mai Raymond
had gone over to a room in the Southern
Bank, where they found a file case Grated
and three or four boxes. one of which
/ Capt. Garter said contained wine and an
other a gun. a custodian from Cant. Gil
lettes Office was in charge of them. The
crate was taken off by his orders The
tiie case was taken over to Capt. Gillette !
private office, where the papers in it We're
examined by the board. Col Giuesnie
said his authority for so doing was te,-
egram notifying Capt. Gillette to turn the
| papers over to him, He said no ,,oaa =.