The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-18
WAS NONE CT HIS BUSINESS.
WHAT MIR. WILLIAM r. HARDEE
SAID TO COL. BARR.

Capt. Carter Testified Falsely in
the City Court Taken Up-COl. Barr
Says the Question Is One for ArGu-
ment-TeIegrams Introduced to
Show That Capt. Carter Was Away
From His Post When He Reported
Himself Present.
Mr. William Pearson Hardee furnished
about the only sensation before the Carter
court martial yesterday Mr.. Hardee de-
clined to answer certain questions put to
him by the Judge Advocate, and finally
when asked about the oath he took on be-
coming a member of the bar. told Col.
Barr 1t was none of his business.
1t appears, however, that Mr.. Hardee did
not understand Col. Barr's motive in ask
ing the question he did, or he would not
perhaps, have given such a reply. 1t is I'M
derstood the matter was fully explained
between Col. Barr and Mr.. Hardee after
wards, and both were satisfied.
Some testimony was introduced through
Chief Clerk ]. w. o. Sterly, for the pur-
pose of showing that Capt. Garter was
away from his district on two occasions in
q
gineers that he was present. Among other
things in this connection a number of tele-
grams between Capt. Carter and Mr.. Ster-
Iy were introduced and read to the court.
1t is said now that the prosecution is
nearing the end of its work. There are only
two more specifications under which testi-
mony is to be adduced, though there is con-
10
of those specifications which have already
been gone over 1t is believed, however,
that the prosecution will conclude its case
by the end of next week.
The Judge Advocate first introduced
number of Capt. Carriers reports upon
Cumberland sound from November, 1896, to
July, 1897, for the purpose of showing that
the phrase mattress hearting" was used
In several instances, whereas when the
same phrase appeared in letter of the ac-
cused, Mr.. Blair had stated it went in in
advertently.
Mr. Robert l.. Colding. deputy clerk Of
the City Court, was introduced to testify
as to Capt Carter's testimony in the City
Court In July, 1896, in the case of Jas. b.
Brown, against the Atlantic Contracting
Company. The suit was for the value of
some stone shipped here by the plaintiff TO
the defendant for use in the government
work.
He said to the best of his recollection,
Capt Carter testified that Jas. B. Brown
had called on him and complained that the
Atlantic Contracting Company was reject
ing a good portion of the stone shipped
here by him. Capt. Carter said he fur
nished Mr.. Brown with copy of the
specifications showing that no stone under
a certain weight, the witness thought it
was % pounds, was allowed to go into the
works Capt. Carter testified, he said, that
stone of under sizes had been on different
occasions been deposited alongside the
works, but not in them. Capt. Carter said
this was sometimes allowed to save the
contractors expense. but such stone, Capt.
Carter said, was not paid for by the gov
eminent.
The statements made by Capt. Carter,
Mr. Colding said were general in their ap-
plication, and did not refer 10 the stone in
this particular case. Mr.. Colding said he
had furnished Col. Barr a statement of the
evidence made from his memory. In that
he had said the stone should weigh from
10 to rs pounds, and not less. The inquire 10
he said, had been put In at the suggestion
of MIR. Cooper, an engineer who had called
on him to look up the evidence. He had
since learned that the specifications said
Is pounds The 10, he said, had been given
by Mr.. Cooper presumably to oulldoze him.
He gave his statement only from memory.
Mr.. VIM Pearson Hardee, who was at
torney for Jas. b. Brown, in the case in
question created quite a little sensation on
the stand. He answered all of the Judge
Advocates questions until asked
what was Capt. Carriers testimony in
that case?"
81 decline to testify" was his somewhat
startling answer.
"Why do you decline?" Col Barr asked.
because l am allowed TO 40 so under
the laws" MIR. Hardee answered.
II would be glad if you would tell me
where you find such law" Col. Barr said.
II do not pretend to answer that. have
been practcing only short time. l simply
decline" Mr.. Hardee said.
Mr. Hardee do you remember the oath
you took when you became member or
the bar?" Col. Barr asked.
.sThat sir, is none of your business" re-
marked Mr.. Hardee, somewhat warmly
ssrhe witness is in contempt of court =
Gen. Otis said, but the court is poWerless
10 punish him"
Il am sorry l said anything TO provoke
the witness" Col. Barr said, but l GER
tainly considered the question proper
one"
'WeH. I have a right to my opinion,
too" Mr.. Hardee said.
eve will not discuss the matter any fur
Their in court" Gen. Otis said. Dismiss
the witness"
Mr.. Hardee gave no reason for his re-
fusal TO testify.
MIR. John McCulloch. the stenograDher
who took the testimony in the Brown case,
Identified a copy of the testimony in the
case he had prepared. The testimony of
Capt. Carter was read, it being similar TO
that given by Mr.. Colding. There was
about one ton car ia a lot that capt.
Garter inspected at Mr.. Browns request,
that did not come up TO specifications.
All stone under twenty-five pounds was
rejected. The government did not pay for
stone that did not come up TO specifica-
lions.
Mr.. Steven r. Harris, assistant freight
agent at the Savannah Florida and West
ern wharves, saw Browns stone delivered
TO the Atlantic Company lighters at the
Savannah. Florida and Western wharves.
About 5 per cent. of the stone, he said,
weighed less than 25 pounds to the piece.
All of it was put upon the lighter ndis-
criminately.
.tWho paid the freight" Col. Barr ask
ed.
at n Brown he paid the freight " was