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

Il deny" Col. Barr said. that those
are private papers. They were deprived
OF that character by the placing therein
OF purely official papers, desired as evil
uence IN this case which should have been
found in the records of the engineer office
mere but they were not there. they were
among these private papers of the accus-
ed.
Mr.. Blair did anticipate somewhat the
argument L shall make. l do hold that
Wheh we enter the army we change our
STATUS, and leave behind US many of those
ciVll rights which are so dear to Ameri-
cans. We are told what to do and what
not 10 90, what to wear and what not to
wear, and even ordered to go into places
where the musketry fire may deprive us
OF our lives, and we 60 Wherein. there
lore, can We claim these civil rights.
The army is a despotism 10 a certain
extent. Courts martial have no part in
the judiciary of the United States. This
was said by Justice Brewer A court mar
tlal is more. The laws governing il ana
governing the army are despotic II is a
peasant despotism as long as we behave
ourselves. We are the custodians of our
own honor, and when a brother officer
comes TO purge and cleanse his honor. he
should lay bare his very soul to his broth
er officers. If there is no incrininatino
e'AAiOAle5 lIOSe papers, the accused
VIII not be in the position of giving anv
evidence against himself.
MI Blair in speaking of The stock
UooK OF the Empire Construction Conn
pany which was found among Capt. Car
ters papers, gave evidence rather than
maze statement. l will say that 1 pro-
pose 10 show that the Atlantic Contract
ris Company was the successor of the
Empire Construction Company"
Col, Barr smoke Of tho
en- MIN, to look into the papers. saving
they came from the same power which
created the court. He was told to exam
me Chem Tor evidence. He conceived il
ms uuty TO present these papers to the
court and the courts duty to receive
them. No seizure had been shown. he
sald. Inc papers were found in a govern
Heht ME case and had never been seized
by anyone. Col. Barr read the letter
OF the accused to the board, saying no
protest was then made against the exami-
nation OF the papers. The letter stated
that he had been refused access IN the
papers upon representations made from
| Savannah.
The board" Col. Barr said. was con-
Vehed at the solicitation of the accused
II was board without preventive power
Ihere was nothing said about returning
the papers to him. They were in a gov
eminent file case and if it was believed
there were evidences of criminaiity there,
the government had the right to tear
il open, just as it can tear open the locker
Of a private soldier. Is there to be one
law for the man who carries the sword
and another for him who stands behind
the musket?"
Mr.. Blair called the attention of the
court to the portion of the letter in which
Capt. Carter submitted the papers to the
board in confidence, and offered anv exD1a-
nation called for He said he had no OBJ
lection to the court examining any Off
clal paper found there, but that the letter
from capt. Green was purely a personal
and private document. If members of
the army are not protected by the con-
stitution, he said, surely they are by the
act OF March 16, 1873. Private papers are
not the property of the United States. be-
cause found in government file case
any more than 500 gold piece. belonging
to Capt. Carter, would be, under similar
circumstances.
Col. Barr, in concluding, quoted a case
in which the Supreme Court refused TO
rule out such papers because the first OBJ
lection had not been made in the court
of original jurisdiction Under no possi-
Bile circumstances could that apply to this
case, Mr.. Blair said, because Capt. Carter
was now before the court of original
jurisdiction and had his first opportunity
of making objection through counsel.
The court on returning, decided not to
sustain the objection of the accused. and
Col. Barr read and offered in evidence
the letter from Capt. Green, which is as
follows:
Hoffman House. Broadway, Madison
Square, New York, Oct. %, 1SSs.--Dear
Carter: Yours a hand could not do dredg-
ing as cheap as you say and work only
four months in two years. Nobody can
afford it. Craighill pays 16 cents at Rich
mond, where dredge can be taken away
to Philadelphia or New York at small ex-
penseffwhen the work is done The block
of marble is at B. S. & Els, and has been
for two weeks. Mr.. See says he can 40
nothing with a block of such irregular
shape and quality. 1t is a hard looking
specimen to send to a marble man. 1t
has disguised Mr.. S., and he don't seem
to care to have anything more to do with
1t. AS John goes to Chile on Thursday
Nov. l, we can't very we'll handle the mar
BILE even if it were good which 1 doubt
About six months from now $1,000 600 har-
Dor work is coming up in Chile. and we
have assurance of our ability to get it,
We are now looking for a first-class man
to go with John as an expert. The first
thing we shall tackle will be a tunnel
5000 feet long, and we can have as many
millions railroad work proper as we
choose to take. Probably we shall so
for about 100000 contract, but john can
tell better when he gets there. We have
the preference, and John goes down on the
ship with the general manager of the syn
dictate, so you see our show seems good.
Now 1 want to do up Charleston, Savan-
nah and Fernandna by July l, next, so
that all can go down by that time if not
before. This / think is the chance of our
lives. Now let that dredging so John ard
/ can sell out our stock and hurry up the
two works all you can so we can get go
ing by New Years. This is important
This Chile business is business and
think within ninety days we shall be into
that tunnel. What 90 you think of this
OF course the scheme / outlined when /
first wrote you about Chile a month or
moro ago will be carried out and a year
hence will find us 10th struggling with
the Spanish lingo. OF course you don't
want to say anything now to anybody
about Johns going away He hates to go
Just before election. but 1t can't be help
ed. We are negotiating with O'Btien &
Clarke for their best engineer to go down.
Shall have to pay him $500 a month ard
expenses, but we must have a good man,
He went up and fixed the West Point Ter