The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-15
,l8TER'S PRIVATE PAPERS.
continued from Eighth PaCe.l

| continued from ElSnIn 9dCe)
----re- mat before the harbor line was
s-o.,Itsbed and at the time the new quar-
e., station was in contemplat ion, Mayor
s-u,rough had written to Capt. Carter
IN that a harbor line be designated,
that the city would know how to pro-
~ I'm the construction of the station.
Ttns Ii was commended that the first sug-
srf1r as to the establishment of a har-
sor line there came from the Mayor of the
1 Stv COL Barr held that the evidence
as proper in view of the circumstances
,rder which the harbor line was estab-
\ rsbsf and the court took the papers and
,sdred for elaboration
The objection of the accused was not
i sustlfued and Col. Barr read the order of
4 he war department covering the board
composed of Col. w. H. H. Benyaurd,
Mai T. II. Ruffner and Capt. Cassius e.
Gillette to pass upon the harbor lines at
Butmnson's Island, the claims of H. F.
Willnk and the Parrot estate. and the
barbor lines at the quarantine station.
COL Barr then proceeded 10 offer in evil
dence the report of that board, charging
the harbor lines at both places, and the
order of the war department upon it,
but Cen otis stopped him.
The court" he said has decided to
sustain the objection of the accused with
reference 10 those papers,
"Then I will not read them,' Col Barr
said.
This is about the first objection of the
accused which has been sustained. Ills
objection to the Cooper letter was sus-
tanned one day, but the next day it was
admitted.
Col Barr then offered in evidence the
certificate of Incorporation of the Empire
Construction Company of New York
IL he. .,
Mr. B.air said.
Col Barr said that it would appear later
on He then proceeded to read the certif-
cafe of incorporation of the Empire Con-
srucuon Company showing the incorpo-
rators were 3. d. Green, A. M Newton,
James e. Chandler, John M Waddell and
John A. Roebuck. The certificate show
cd that d. B. Green was to hold 1880
shares and each of the others five shares.
Col Barr called attention to the fact
that he desired to Introduce as a witness
Col. George L. Gillespie. corps of en-
gneers who was here, but without a uni
form The court consented to have Col.
Gillespie so on the stand without his uni
form.
Col Barr said this brought up the ques-
ton of certain papers belonging to the
accused which would be used in the trial
Of the case. The boxes containing the pa
IefS udQ DGGu turned over 10 MN by the
war department, he said, and opened on
Jan. II last in the presence of the accused
and his counsel after certain prelimina-
ries.
These preliminaries consisted in the pro-
test made by Capt. Carter against the ex-
animation of his private papers. The first
Of these was in the shape of a letter to Col.
Barr signed by Capt. Carter in which he
stated that the papers in question were
his private memoranda to which neither
the government nor any one else had tie
right of access except on his permission.
He had suffered the board of engineers to
examine them, he said, in confidence and
on the express condition that they were to
be returned to him. But without his
knowledge or consent they were shipped
to Washington and put in charge of The
war department. He protested against the
examination as a violation of his constitI-
tional right against search and seizure
At that examination on Jan. II Mr..
Blair stated in behalf of Capt. Carter
that he protested against the presence at
the examination of Maj H. M. Adams
on the ground that it was violation of
the instructions from the Secretary of
War with reference to the examination
of the papers by the Judge Advocate in
the presence of Capt Carter and his
counsel and in the presence of no other
persons.
Col. Barr said he stated at that time
that he had received no such Instructions
as were mentioned by counsel, and that
Maj. Adams was here at his own request,
to assist him in the work of prosecuting
the case. Maj. Adams was familiar with
the contents of those private papers, he
said, and he considered he had the right
TO summon here any officer who was ia
miliar with any of the details of the
case. His understanding of the order was
mat no unauthorized person should be
present at the examination.
Col. George L. Gillespie, who was chair
man of the board of inquiry. was then
put on the stand. He identified two pa
pers from the war department containing
instructions with regard to beginning the
investigation, after which Col Barr said
ne mad reached the point where the issue
would be raised by counsel, and as that
would require some time, it was better
mat the court should adjourn, it being
then nearly 3 O'Clock.
The issue Col. Barr referred to is the
protest on the part of counsel for the
accused against the introduction in evil
uence OF his private papers. This will
doubtless bring on somewhat of an argu-
Heht between opposing counsel at this
mornings session