The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-08
nEFEATFOR CAPT. CARTER.
.,u1TE PAPERS ADHT1TED as ET-
n" IDENCE AGAINST HIN.

r.,r.e, Protested In Vain Accounts show
-. Large Dcpo.its-Thc Court-Nnriial te
nse,d. To.Dny ms To- Admitting y Check
- some Evidence ms to signatures.
~,,rt.mnrtial which is trying Capt.
Iii, NJ. Carter on charges of conspiracy,
oVho,,,cmcnt. and conduct u~nbecoming an Of
wv Il, ,rn,irg out OF his official connection
me- ,ho ,urroyements Of the Savannah River
VIZ" cumberland Sound, where the Govern
enu has ,pcnt about -, 900, 900. met again
ps,oraoy AT the Army Building. The feature
y, ,ns DAYS proceedings was a controversy be-
IN col. Barr, the Judge Advocate. and
.vxars Frank l.. Blair OF Chicago and w. G..
ch.-,on OF savannah, two of the counsel for
C.n, Carter. over the admission as evidence OF
snrrbcr Of Capt. Carriers private letters and
- which were found In a file compart-
~, in his office when he was succeeded in
..r,rol of the work Mt Savannah by Capt. Gil
Lite These papers were submitted to the
Aoord O, inquiry which first investigatcd: tho
sTa,a,ops against Capt. Carter, and Major
Henry VI. Adams, who had been q member OF
49,, court. was called to the witness chair to
Identify the uapers'
Tawyer Blair objected at once to the intro
auction OF the papers as evidence. Only one OF
.hsm. he said, referred to deposits made by
Can't Carter after the date OF the alleged i'm
s,nnsr contract of October, 1896, and the others.
I. declared. could have no bearing on the
.h,rvc Of conspiracy made against the &C.
80 The first statement Of accounts among
,,,m he said, related to a check for So. 1S3.33
s.nosi,ed with the Union Trust Company OF
M city on Oct. 10, 1891. or this, ne said,
ssis3 80 was from Capt Carriers pay, and the
X 0O0 balance had been given to Capt. Carter
Sy 'his fathrr.in-la ". Robert F. Westcott, to set
X, domestic difficulty with his sister.in.law.
lie contendcd that the papers were Capt, Car.
IA no right to seize, and which could not be
nsed against the accused without his consent,
Snder the statute OF 1873. Mr.. Charlton also
nuke at length in support of the objection, de-
eiarjng that, ii the papers were admitted, 1t
would be an invasion OF the private rights OF a
citizen. which are guaranteed by the Fourth
and Fifth Amendments to the United states
Constitution.
The court retired to consider the objection,
md took forty.three minutes to come to n con-
sinsion. 1t decided TO admit the papers. Col.
Barr then read II number OF the papers and had
them marked us exhibits. Those which he thus
dered to Capt. Carter by the Union Trust Com.
Snny running from 1891 to 1896. They
showed that Capt. Carter had deposited in that
Amounted TO. Some of these deposits were
made, according to the statements, themselves,
by MIR. Westcott, and "A large number of others
were credits for interest and for railroad bond
eoupons, notes, and mortgages.
When all of these papers had been read and
marked. Col. Barr offered In evidence a check
hook containing some blank checks and stubs
70 be the chcckbook OF Robert F. Westcott.
per o, NJ n. G o,4aSnc a,'or n iybis- Mr. hect BlaiT object 30 sri.
dence unless the Judge-Advocate first connect
Cd II with Capt. Carter by proving that Capt.
@en:exhibitedst o Col. Barr, and he had the
means Of proving its existence: Three o'clock,
he legal hour for the rising of the court, hav-
INC arrived. the question went over until the
Before Major Adams was called and the con-
troversy over the papers began, Col. Barr had
recalled TO the witnessistand David n. Carvalho,
the hand writing expert. Mr.. Carvalho had pre-
HOusly testified that a large number Of the al.
nOrs, and others attached to bills, proposals,
and vouchers, and appearing as Endorsements
.. sasek He WEI" gss n asked TF yesterd By the tn e PeIsG3ns
the signatures purporting to be hose of Arson
u. Bangs on IA voucher for $2O,577.97, and say
who wrote 1t. He declared that 1t was in the
and of Michael A. Connolly. Capt. Carters
Mr. Blair took occasion to cross-examine Mr..
which he had previously declared were not
genuine; Referring TO- q check drawn BY Capt;
bad testified that. the endorsement of Bangs
had been written by B. d. Greene, the lawyer
asked:
III 1t were proved to be a fact that on April
J. 1895, b. d. Greene was in London, that on
April . he sailed for this country, and did not
arrive here until the 18th inst, four days after
the payment of the check. would that change
your opinion that the name Of Arson NJ. Bangs
was written by b. d. Greenei'
1T would, said Mr.. Carvalho, but my pres.
et opinion is that 1t was written by %. d.
Greene"
Referring next to a similarly endorsed check
drawn on May 4 and paid on May %, Mr..
Blair asked:
III it should be shown as a fact that Capt.
Gfeene was not in this country from May 4 to
May %, and that the check had never been out
d,the country, would that effect your o%pinioni"
asked Mr.. Blair.
Mr.. Carvalho admitted that 1t would. Still,
bis opinion remained that the signatures were
Mr. Blair that he was equally confident OF the
accuracy Of his testimony respecting the al
leged forgeries Of VI. A. Connolly.
AZ the suggestion OF Col. Blair, the witness
sad upon redirect examination that II the
check book had been in the possession of un-
worthy persons prior 10 Capt. Greene's alb.
!!ences' that fact would fully explain the sigma.
tufe, by Capt. Greene, notwithstanding his alb