The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-16
3DryATE PAPERS PERUSED.



to,ks aud papers.
aOn Sept. Is last Capt Garter left New
,.,rk 10 come to Savannah to meet board
lfoficers appointed 10 investigate certain
%srees which had been preferred against
him on Sept. II, Willie on his way to
savannah the defendant having learned
,6qt the engineer officer in charge had
rsfls5d to deliver theIe books and papers
"a his authorized agelt, wired the Secre-
,ry of War for permission to have access
10 these papers.
"On arriving in Savannah the accused
Gas shown two telegIams by Capt. Gil
stre the first granting the permission
asked and the second tevoking it, The de-
4pdant committed these papers to the
co9rce Of the board OF inquiry. They did
examine them here, Without his knowl-
fige and against his consent. These books
and papers were put in boxes and shipped
10 New York subject b further examina-
don by the board. FIpm there they were
sent to Washington, where they were
sealed and sent here t. the predecessor of
tie present Judge Advocate.
ION Jan. II, in the Office of the Judge
Advocate, in the office of the present en-
gneer officer in char5e, two boxes, B 20
and b 81. which had been sealed and turn
eli over to the Judge advocate, were open
3D. the seals being broken in The presence
0. the accused and mis- counsel, against
The defendants protest, and the papers
we're examined partially by the Judge Ad-
yOcate.
subsequently thereto a written request
was sent the Judge Advocate by the ac-
cused, asking that he be permitted to ex-
anime the papers, ard that he be permit
ed to be present whenever they were ex-
amned. This last request was denied,
nd from n Il To hfc 1.a ~
no access to these papers. Whatever may
be necessary among those papers for the
conduct of this case on the part of the
/ accused, with the exception of few let
tiers from Gen, Craighill to the accused.
/ which were given us, has been denied
/ him.
From the moment when those boxes
/ we're sealed here by the board of en-
gneers to be sent to New York. this de-
fendant has persistently and consistently
protested against this violation of his
rights Those are his private papers. The
record of his life from his boyfood to the
present time. The title to each and ev-
eryone of them is in him. and no one
has a right to deprive him of their pos
session. on that high ground we base
an objection
Mr. Blair then quoted at length from the
decision in the case of Boyd VS.. the Unit
ed States, by Justice Bradley 1t was upon
the right of citizens to be safe from I'M
reasonable searches and seizures. 1t put it
in the light of forcing from a party, evil
dence against himself when his private
papers are taken to substantiate a criminal
charge against him. Such action is in vio-
laJion of the fourth and fifth amendments
TO The constitution. Such papers are goods
and chattels; they are a mans dearest
property. They are not open to inspection;
their seizure is contrary to the principles
Of free government. It may suit the pur-
pose of a despotic power, but cannot be al
lowed under a free government The same
principles have been re-afTirmed in the
case of Bran against the United States.
Mr.. Blair called the attention of the
members of the court that they were sworn
10 protect the constitution of the United
States. They had an opportunity to do it
to-day, he said, just as upon the field of
battle. The decision of the court would be
a precedent in others yet to come.
81 know it will be urged Mr.. Blair said,
that when a man puts on uniform he
steps from under the protection of these
amendments, and loses in a certain degree
his constitutional rights, and that he may
be subject to unreasonable seizures and
searches without coming within the prohi-
bition Of the constitution. Some judge ad-
vooates have SO held, and some attorney
generals have 50 ruled, but it is not law.
II then there has been no violation of the
constitutional amendments, we say this
will be violation of a fundamental rule of
evidence"
The production of personal papers
against the accused he said is a violation
OF an act of Congress of March 16, 1873.
This act of Congress" Mr.. Blair said
specifically states that before courts
martial as well as before other courts, no
man shall be compelled to give testimony
against himself, nor shall he be called as
a witness except upon his own request
The Supreme Court has said that the
seizure of mans personal papers and
using them as evidence, is the same as
making him give evidence against himself
Such testimony, therefore, cannot be
properly admitted
suppose letters were written by B. D.
Green to the accused, and by the accused
10 &. ID. Green, not one of which in any
way, SO far as we know, impugns the hon
esty or uprightness of either one of them
All OF them were written prior to 1888
capt. Green was a brother graduate of
inc accused, and recently a member of
the Engineer Corps. He was formerly a
brother officer One of these letters re-
x NNituhl hlldtblC quarry 1IOHl
winch nothing ever came. Another vas
requested by Gen. Alexander, another was
with regard to freight rates on Florida
Ioch, at time when the industry of get
tihg out stone in Florida was a new one.
IN 1886 brother of this defendant borrow
ca $l,2O from Capt. Green, as may be
SHOWN. Capt. Green had no contract here
men The money was paid back out of
ant"
Mr. Blair alluded to the Empire Con-
STuction Company as a defunct corpora
uoh IN New York, which was formed to
carry out one contract and when that con-
tract was completed il went out of exist
ehce. He did not believe there was in this
or any of the other papers one scrap of
eVldenee against the accused. The very
iact that they were left here to be sont
On by a clerk showed that suppose, too, he
kaid, that this defendant had spent more
money than his salary amounted to,
ana that this should be accounted for.
Inc question at issue was whether Capt.
Carter had title to his own papers. If he
uia. they had no right in evidence.
! speak with some warmth" Mr.. BAR
sad. Il sat in the Office of the Judge Ad-
Vocate on Jan. II and saw the seals broken
Oh TWO boxes I saw the Judge Advocate
open them and inspect their contents, in
me no doubt with his duty as he conceiv-
20 1t. / saw him open papers relating to