The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-05
WAS WESTCoTT'S ATTORNEY.
CARTER'S BIG TRANSACTIONS
WERE FOR HIS FATHER-IN-LAW.

and Western Stock Made for His
Cashier Burns TestIAes That lie
Thought Genuine the Signature of
Arson NJ. Bangs which He Testi-
fed To.
New York, March 4.-Until to-day there
has never appeared in evidence before the
court martial anything relating to the
transactions of Capt. o. NJ. Carter as at
torney for his father-ln-law, r. f. West
colt, the New York expressman. In spite
of the fact that William II. Flagg of Reed
s. Flagg, brokers for Westcott, gave free
testimony, his refusal to answer when II
came to the personal accounts of Mr..
Westcott, or those in which Capt. Carter
appeared as attorney, caused him to Ike
adjudged in contempt of court. He did
give testimony regarding an account of
Capt. Carter's involving 800, ,2SS 81 for pur-
chases of Delaware, Lackawauna and
Western and other stocks, because tnat
account was In Capt. Carters name,
though it was enormously so, he said, be-
cause the purchase was really made for
Mr.. Westcott
SHll, he DID not hesitate to give testi-
mony with regard to this personal account,
which was dated Oct. to 10, 1895, a time
when Mr.. Westcott was In Europe.
"Capt. Carter invariably transacted the
business of Mr.. Westcott while he was
away" Mr.. Flagg said. Mr.. Westcott
brought him in my Office saying he was
his son-in-law. in whom he had implicit
confidence asking me TO recognize Capt
Carter in his stead, and saying he had
given him a full power Of attorney"
When asked if he would not testify as
to Mr.. Westcott's accounts If he knew
Capt. Carter was in great peril and that
such testimony might be important to his
defense, the witness said he would have
to consider first. He was advised by his
own and Mr.. Westcotts counsel not to
give the testimony asked for
One payment Of $685. 900 having been made
by Capt. Carter in cash. the witness said
he was advised and believed IL was Mr.
Westcotts money. He had never met
Capt. Green or the Gaynors and had never
had any dealings with them. Capt Car
ter had purchased for Mr. Westcott invest
ment bonds of all kinds.
Vice President,J. T. Brown of the Knick-
erbocker Trust Company will testify with
regard to the accounts of b. d. Green on
Monday, IL he can secure consent OF Capt.
Green, who is at present absent from the
city. He has written Capt. Green on the
subject and is waiting to hear from him.
Cashier E. Burns Of the American Ex-
change National Bank, who certified to the
signature of Anson NJ. Bangs, which Mr..
Carvalho said was written by Capt Green,
testified he thought It a genuine signature
at the time. BY advice of counsel he refus-
ed to produce papers and letters relating
to Capt. Green's accounts and was ad
Judged in contempt and SO pronounced by
Gen. Otis.
There was a dramatic contest between
counsel at the conclusion of the session.
The room was crowded to the doors with
ladies and other spectators. Witness
Flagg had just been adjudged in contempt.
Il don't know that 1t is necessary to give
any further illustration of our lmpotency''
Col. Barr said, showing much excitement
and feeling. This court has power to
infiict even the death penalty. 1t can sem
tence 10 the penitentiary for a long term
of years, yet when II seeks Information
to enable 1t TO pass on the conduct OF the
accused, 1t finds the doors barred because
T. has no power to punish a contumacious
witness" Col. Barr did not think the
judgment of Attorney General Garland on
this subject sound law
Mr.. Blair was visibly moved as was
Capt. Carter, by this reference to the
death penalty" and doors of the peni-
tentiary," and was at once on his feet
though he maintained his composure.
$50 far as Capt. Carter is concerned"
he said, II do not care whether these
witnesses testify or not, but we are all
concerned with the statement of the Judge
Advocate in referring to the doors Of the
penitentary in connection with this ac-
cused. In the course of nineteen years
practice | have never before heard pros
ecuting attorney make such a reference,
and am sorry to hear 1t for the first
time before court martial. l have pom
dered long since the Judge Advocate first
made such a statement In Savannah and
l say now after due deliberation that 1t
Is unbecoming for him to do so while
this witness is entitled to the protection
of the law"
Col Barr insisted that his statement
was merely for the purpose of illustration
and that it had been misconstrued and
distorted.
The court adjourned until II o'clock
Monday morning.
1t is thought 1t will adjourn 90 Savan-
nah after Tuesdays session.
There Is no certainty as to what will be
developed next. The defense is kept in a
lingering doubt as TO the line or lines the
prosecution is working on here, and has
no way OF telling what the next day is go-
ing to bring forth. Col. Barr does not
furnish in advance now the names of his
Witnesses for the next day, as he used 10
do on some occasions in Savannah, and no
idea can be obtained as to what he is con-
templating.
The Introduction Of Carvalho, the hand
writing expert, was undoubtedly a sur
prise TO Capt. Carter and his counsel as
they did not know what was coming until
he was called to the stand and the photo
graphic copies Of signatures on documents
in evidence were placed before the court.
1t will be remembered that Col. Barr dwelt
at length on the subject of the handwrit-
ing in certain documents before the court
In Savannah when he had Chief
Clerk Sterly on the stand, and
though many OF the signatures
Of Edward II. Gaynor and William
T. Gaynor on bills and similar documents