The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-13
CARRIERS C%oURT-MARTIAL.
PART OF THB CHARGES ma RRED M
REASON OF TIME LIMITATION.

Alleged n1isdeeda OF the Cnptain In the Enc
sipeerinE Corps ~ snvannah and Eise-
where DuFinn the Lnst TIVE Wears Will ne
locked rnto-The Tong LIST OF Charges
SAVANNAH, Ga, Jan. 12.-The trial by court
martial Of Capt Obcrlin A. Carter. Corps Of
Engineers Of tho United States Army. began
here this morning. The court consists OF Brig
Gen. Elwoll 8. Otis, President, and twelve mem
boris. It 10 the inoet important court-martial
ever held In Savannah. Capt. Carter has been
ono of the foremost officers In the Engineering
Corps. He loft Savannah to Join tho American
Embassy In London rs attach6, and was also on
the Nicarnguan Canal Commission. These hon
ors have been taken away from him pending
tho court-martial. Four charges were read
against him this morning:
I. Conspiring to defraud the United States
Government.
2. Causing false and fraudulent claims to be
made against the United States.
8. Conduct un~bccoming IN officer and gentle
man.
4. Embezzlement, as defined in section 5.4ss
Revised Statutes Of the United States.
There are from ono to twonty specifications in
each charge. After Judgc-Advocate-G General J. #.
Barr had read the charges against Can't. Carter.
which cover about 200 pages Of typewritten
matter. no turned to him for q plea. Frank p.
Blair Of 81. Louis, associate counsel for Capt.
Carter, put in q formal plea OF tho statute OF
limitations upon all the charges dating back as
far as two years. He supplemented his plea
with tho following statement from Capt Carter:
MAY 1t please the court, tho Congress Of the
United States, in its wisdom, has enacted the
103d article Of war. otherwise known as the
military statute Of limitations. This has been
done pursuant to the modern judicial policy of
all civilized nations for the protection of per
sons accused Of offences. II is q statute Of am
nesty, and courts and approved text writers
unite in saying that as such IL must be con-
strued literally. 1t is q notification TO the &C
cused that he may cease to preserve the proofs
Of his innocence, for by legislative act the
proofs OF his guilt are blotted out.
"The policy 10 q wise and humane one. On the
one hand It prevents wicked and designing pcr-
cons from treasuring up proofs. oral or written.
susceptible OF a construction pointing toward
| guilt, and when by lapse Of time explanatory
proofs are lost. bringing them to the light Of
day to the hnrassmcnt, or perhaps conviction.
of an innocent person. On tho other hand it
compels public officials charged with the duty
Of prosecuting crime to DO instant in service.
The plea here interposed is not a confession of
As was said by Mi. Justice storey, the defence
is an honorable defence.
ITO meet the multitudinous charges pre-
| ferred against me has necessitated n review for
some years Of all The acts Of a very busy life; a
n,s SSs'S Sa,sfls WITH In ia tSss e aeyieS inv Snd many nnI
papers lost, the meaning Of memoranda made at
the time, and then sufficient, for their purpose.
has become tndistinct, and In some cases the
connection lost. Witnesses cognizant Of facts
and whose Testimony would clear my reputation
own memery fails me in some Instances. These
considerations, old as the law itself, have in
pose the bar OF the statutes"
The. court retired. and after briof deliberation
Carter pleaded not guilty. Alter this a recess
was taken until IL O'Clock tomorrow morning.
charges mPseo f e Is t niies spft thnt Cant. a Garter In. in i Rsss
and 1896 combined with John F. Gaynor. VIII
liam T; &, GaSy u1eG,d A tSo ,f n, snsss ss;e and I'd G Pshse
sums of money by giving out work in Cumber-
land Sound to persons e SON , 20 . as 70 ae ,rn s,d 10 their and
they should have been; This, 1t is also alleged.
Atlantic Contracting Company had in charge
in 1898. There are similar charree relative to
The fraudulent claims against tho United
States were made, 1t is alleged. in favor Of Ed.
to over $4,000 and over. a period extending
from November. 1892. to May, 1893. and in
Arson nj. Bangs. These vouchers were for work
IN the ssvapnah River the hse Dar!sn har ho9 the
Savannah and Fernandina.
The seventh specification of charge No. % is
that Capt. Carter in 1896 caused to be prepared
Naytor. ii. Roberts. D. a. Holland. S. q. vinson.
p. II: Cotton. and J. I. Robinson. Jr.. appeared
as Iaborers, when Capt. Carter knew such entry
was false. The eighth specification under this
s fhsn had Sf Sssn a nt% Of gTSSyii . wa iSi in % Mare. P 1sggg:
70 to BE- Be- ' False 'i ana ir Tas inS sRaFg Gaae @et The eP tSird
Sna1ss not NJ T d Site for work sGHt in n' Gam HsaisT Ga sound Hui
and in Savannah harbor. and In tho inside route
to Beaufort and for the Cumberland Sound inn
The third specification alleges that Capt; Car
Eineers as to the soundings which necessitatcd
changes from 100000 square yards OF mat
trosses :, In Snya1n "a hSfsor to 200 80 600; ga Capt;
fictitious derHic as 1 isSo'eTs. Il to the amount It q ri" s2 So IN
January. 1897. The other specifications under
turns sn as e " work q 'd during hasAi 1873 : and rdls 1897 81.
Specification 8 OF this charge alleges that Capt.
nah, to aid the Atlantic Contracting Com
pany and divers persons, in February and June,
certain valuable rock under unfavorable eircum-
stances in order that tho Atlantic Contracting
charged. by using his official position to have
tho Secretary. of War revoke the permission
sessn .sH in Git tEe e Ranr lSsse his III r %ss b !" a PGsi aSon t.
Il is alleged. by false and misleading statements.
i Il L sb sls see el'sssa t q War csp Es f Gsrtsf; Mhsn nsfsa
H Ip,i sssrsE t.t to q ah9 1op PROPOSED oS H Esagbtislsion r b. tae
the latter to deceive Gen. Crnighiil. Chief Of En-.
gineers. United States Army.
in the case OF james il. Brown against the At.
lantic Contracting Company In the City Court in
| CIuECh 1SUS. DpttiutttllOH IL HCCubUS Shpl.
Carter OF receiving 1882. 10 from Alfred Hirt for
! the United States for n diving outfit belonging
| to the United States snRg boat Satilla and fail
ing TO account for II. Specifications IL. IS. and
IL allege that Capt. Carter. while away from
his station In April 1894. August 1894, and May
1897 in Montana. st. Paul. New York, Yellow
stone Park and other places. caused letters to
be written to, the Chief of Engineers of the
United States Army. alleging that he was In
Savannah; Oct. 4 and 8. 1894; are named as
two specific dates whom Capt. Carter reported
himself AS present at his station when he knew
such report was false. This was also done Nov:
the came year. and also from Jan. 1 to Jan. o.
1895, and upon various other occasions.
| Capt. Carter is also charged with embeZzle-
ment In violation OF the sixty-sccond article Of
war. because, as disbursing officer, IL is asserted.
he caused to be paid unlnwfully large sums OF
money i~ntrusted TO him.. for purposes not author
lied by law; The charges and specifications are
signed by John NJ. Wilson. Brigadier-General,
| Chief Of Engineers. commanding Corps of Engi.
neers ". s. A..
The sustaining of the plea OF the statute of
| limitations by the court.martial leaves only
those charges pertaining to the work in Cum