The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-16
PRIVATE PAPERS PERUSED
Carriers Personal Letters
Go in Evidence.
"THE ARMY is A DESPoTISM."


the Army Are DespOtic, Says Col.
Barr-When n Man Enters the
Army He Loses Many of His Civil
Rights-The Papers Are Not Pri-
waite, He Says-A Letter of b. ID.
Evidence-Other Letters Also to Go
tn-Mr. BIafr's Protest Against Any
Violation of the Defendants
Rights-COI. barr Says There Is the
Same Law for the Man Who Car
rfes a sword as for One Who
stands Behind Musket.
The session of the Carter court martial
yesterday has been regarded in many re-
spects the most important yet held. In
many respects it undoubtedly was so. 1t
involved questions of personal rights upon
which the court had to pass and in which
fine distinctions had to be made.
The question of the introduction as evil
dence of Capt. Carriers private papers
came up, ana resulted in long argument
between Mr.. Blair for the defense, and
Col. Barr, Judge Advocate, for the prose-
cution. The argument was brought about
by the Offering in evidence of a certain
letter written by Capt. B. d. Green to
Capt Carter in 1888, to which Mr.. Blair
objected. After hearing the arguments
the court decided to admit the letter. A
similar decision was reached with regard
to other letters written by Capt Carter,
copies of which were found in his private
letter books, but the court adjourned be-
fore these letters were read.
Col. George L. Gillespie, who was chair
man of the board of inquiry in the Carter
case, went on the stand when court con-
vened and first identified eight of the
private letter books of Capt. Carter's,
which were found in the boxes contain
ing his private papers. Col, Gillespie held
in his hand little memorandum book in
which he evidently had some references
and suggestions to aid him in recognize
ing the letter books. Each of the books
he said had been before the board of in
quiry for investigation. Each of the
books was marked personal or ''pri-
vate"
Colonel, were the letters copied in those
books official or private?" Col. Barr asked.
Partly official, purely so, partly pri-
vate,' was the answer.
Col. Gillespie was also handed the stock
book of the Empire Construction Com
pany which he identified.
II found that and other papers," he
said, lin a file case in a room over the
Southern Bank, which case was the prop
erty of the United States government.
That file case was turned over to the
board by Capt Gillette. 1t was found
Grated in an open crate. The room was
visited by the board, accompanied by
Capt. Carter. Capt. Carter took the keys
to the case from his pocket and gave
them TO me. The crate was moved to
Capt. Gillette's Office and there examined
and these papers found"
Col. Barr then offered in evidnce the
stock book of the Empire Construction
Company, 10 which MIR. Blair objected
but withdrew his objection with the state
ment that the book was not and never
mad been the properly of Capt. Carter,
and that he never saw it until it was
shown him by the board
That savors much more of testimony
than statement to the court" Col. Barr
SAID That is to be shown by sworn tes-
timony Capt. Carter will have to ex-
plain how it came among his private pa
pers."
Enthusiastically, Colonel" Mr.. Blair
said the testimony viii be forthcoming"
Col. Barr then proceeded to read the
stock certificates in the book, which were
flled out. The certificate of 1880 shares to
-. D. Green was not signed by the presi-
dent but was marked Cancelled, B. d.
Green, President" Other shares were in
ravor of j. E. Chandler.
r.. NJ. Newton, ]. E. Roebucls
and others. each of these holding FIVE
shares. Two or three parties were down
for 100 shares. John F. Gaynor was down
as having 800 shares, and Edward Fl.
Gaynor appeared to have a small amount
The last certificate contained no name
but certified that Blank" was the owner
of 1850 shares transferable in person or
by attorney.
> Col Gillespie identified copy of letter
the original of which ne said he had seon
before among the private papers Of the
accused, which were before the board of
inquiry. He had last seen the original in
New York, when 1t was returned TO the
file case and sealed On his return here
ne and Col Barr, he said had made a
search in that and in another fi,e case
but had been unable to find it. The letter
was from B. d. Green, written from tbe
Hoffman House to Capt o. NJ. Carter
Col. Barr then offered il in evidence
Mr.. Blair objected He said he could IA
cilitate the explanation he desired to make
to the court If the court would permit him
to cross examine Col. Gillespie at this nolnt
for the purpose of showing how these ma
pers came into the possession of The
board Col. Barr refused to assent 10 mis-
saying If the issue raised was that tbe ma
pers had come improperly into his nos
session, the burden was on the defense to
show that fact For this purpose the de-
Tense could not, at this point. use the wit
ness he had put up merely to identify tha
papers. This raised an issue for The court
which retired TO deliberate.
The court returned without having made
a decision on the point In the meantime
Col Barr had sent to the engineers office
TO make another search for the original
letter on Capt. Carriers suggestion. cant
Carter went himself and found the letter
in the file case where II had been nut in
New York, after Col Barr and Col. Giles
pie had searched in vain. The original was
then laid before the court in place of the
copy and Col. Barr offered Il in evidence
Gen. Otis stated the court had not ruled
as to the cross examination, but would
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