The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-11
CAN NOT COMPEL CIVILIANS.
MAY REFUSE TO ANSWER CUES
TIONs BEFORE COURT MARTIAL.

Jacob PnuIsen Refused 10 Answer
a Question Put by the Judge Adj
vocate-Evidence Upon the Charge
That Capt. Carter Made "a False Re
port-Mr. Blair Did Not object to
Washington's Farewell Address,
But Wanted to Save Time.
A civilian witness cannot be compelled
to answer a question before a court mar
tial This rather interesting fact was de-
veloped during yesterdays proceedings be
fore the Carter court martial when Mr..
Jacob Paulsen was on the stand.
The Judge Advocate asked Mr.. Paulsen
some question with regard to agreements
between the dredging companies with re-
gard to doing work, and the witness re-
fused 10 answer, asking for the protection
of the court The Judge Advocate OBJ
1ected to his refusal, but was told that
there was no way in which the court
could punish the witness for a REFUSAL
and Mr. Paulsen declined to answer the
question.
Mr.. Paulsen was questioned at some
length relative to the affairs of the Pro-
pellor Towboat Company and the SaVan-
nah Dredging Company, he being presl-
dent of both of them. He said Capt car
Ter was a stakeholder in the former, but
not in the latter He was also asked a
number of questions relative to his bid
under the big contract of 1892. Mr.. Paul
sen was still on the stand when court adj
journed.
Chief Clerk ]. w. o. Ster,y occupied the
stand for most of the day and the charge
that Capt. Carter made a false report
to the chief of engineers on the Hutchln-
son Island matter was taken up. Capt
d. G. Purse, Mr. II. F. Willnk and Mr.
Jacob Paulsen were put on the stand TO
testify with regard to 1t.
The proceedings began with the intro
duction of numerous documents from the
records of the Office including orders from
the war department and reports of opera
lions. the testimony being in support or
the charges of payment of false claims,
where 1t is alleged that Capt. Carter paid
the Atlantic Contracting Company tof
niles driven for its own use and not fol-
the benefit of the government. Chief
Clerk j. w. o. Sterly was, of course, on
the stand.
incidentally several other matters came
up. The Judge Advocate called attention
TO the fact that no requests for specifica-
tons in answer TO which certain letters
by counsel for the accused, had ever been
found. Some more documentary evidence
on this line was at hand, but, remarkable
TO state, Col. Barr agreed with the accus-
ed that it was unnecessary TO read these
documents.
Another advertisement, published Sept.
16. for bids to be opened Sept 80, prior to
1884, was brought up.
There is no doubt as counsel claims,
Col. Barr said, that it was the practice
prior to 1884 to publish advertisements for
bids from ten to twenty days, or short
period"
"But it is also true" Mr.. Rose said, that
specifca tons were not printed until after
the advertisement was published. There
has been no change, as is shown, since
1881"
THAT was no doubt the practice" Col
Barr admitted. 1.-The officer under whom
1t was done is dead but his methods may
still be criticised. The evil that men do
lives after Them
ut is not always the good that dies
with them" Mr.. Rose retorted.
number of reports by Assistant Engi
neer A. S. Cooper were introduced to show
that lot of guide piling had been paid
for as linear feet of pile dam, ii being
claimed that these were of no benefit to
the government, but only to the contrac-
tor in sinking their mattresses. Mr.. Coop
er refused to report these piles, he stated,
until he received orders instructing him
to do so.
Capt. Carriers report of operations for
the month of December, 1896, on Savannah
harbor was introduced. From this Col.
Barr read an extract with reference to
the driving of nineteen piles equivalent
TO 76 feet of linear pile dam, and other
matters pertaining to the work. Capt.
Carter said in answer to Col. Bars
statement that this report was found
among the detained papers of the accused,
that IL was not his. but an Office record.
Inspector Daniels reports upon the driv-
Ing of a number of piles during February,
1897, for which payment was made, were
also introduced. A bill from the Atlantic
Contracting Company for 1884 for $40 feet
of linear pile dam approved by Capt. Car
ter and marked pay in open market >"
was introduced The pharse pay in open
market, the witness said, meant that the
amount was to be charged to the repair
account of the Garden bank training wa1
Col. Barr said he would introduce a
detained voucher for the payment of that
account, which was found among the pa
pers of the accused. Capt. Carter again
stated that this was an Office record and
not his property, and that it was taken
away from him. He did not object to it's
introduction. Several detained vouchers.
showing certain amounts of linear pile
dam paid for were read and introduced.
Mr.. Rose read from Capt Carriers report
showing that the pile work on Dam No 81
had been paid for at the regular contract
rates. Col. Barr brought out the fact that
the work had not been advertised, the wit
ness stating that it had gone in under the
head of repairs on some other work
After the recess Col. Barr called atten-
ton 10 the ninth specification under the
third charge, conduct unbecoming an Of
ficer and a gentleman" This specification
charges Capt Carter with making a fraud
ulent Enforcement on letter of Gouveneur
Paulding relative to property on Hutchin-
sons Island as follows:
when operations were to begin excess
sive rentals were demanded by property
owners, some Of whom had taken posses
sion of wharves as a speculation, with a
view to obtaining excessive damages. The
work would have been delayed, and its
cost increased by about $1,000 and IL was
therefore abandoned
1t is charged that this Endorsement was
false and intended to deceive the chief OF
engineers, Gen. VIM. r. Craighill. Col
Barr read the letter from Mr.. Paulding to
the chief of engineers, with regard to the
Parrot estate, which Mr.. Pauding said
he wanted to close w. The different in
dorsements on the letter were also read. In