The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-15
capt GILLETTE ON THE STAND
,co,t,Dued from Eighth Page.)

FL
- his waiting for mattress when was
an s1ink but which, ne sdiu' was "e-
70 n nearly twenty-four hours. ms was
~ ~ Ully 81. When II CAME ne .S@lu, =.
81 on - il In describing IT, ne sald lt
81 anspg' Mo mass of brush, leaves and twlgs,
wa a barge The barge had on lt a
81 pAeI ~ If cross timbers called gins, plac-
81 ~ ii''rrossu-ise of the barge, balanced III lne
eL and so arranged that Wnen props
80 knocked from undef one Sue ING
81 N-ttress could be slid of
ana '. .1,-,,srred the mattress in number
- :, he said and found an average
"Ll;Ppi,nass of 7.9 feet. l mad II measured
th'I4r Marion Twiggs, assistant engineer,
81 " iobn NJ. Hall, inspector; and tnsy
nsbad pole right down tnrOush lne
Putess The mattress, belleVe, was
l',Iiobt courses, the poles showing TINS
III - nIaces. but, except on close eX-
Il IL lion the different courses were not
81 1aI.larent. they could not be found without
leaking for them. -.
s. The grlage poles, capt. oliiette salu,
s - bound with wire, but the bundles OF
W, we're tied with light cotton yarn,
pl,,,+ as strong as common grocer's tWlne.
S,.oi6c Goa lions require that the fasclneS
,I-,h5l,ed with an improved form OF chok-
- Of intervals of two feet, to diameter
4 81 nine inches, and bound with heaVy WIRE
or tarred rope. otol,iro,
pr,,sb il necessary to make the fascines.
- was no Indication of anything OF
tbat kind having been done on TINS mat
tresS, he Salu. -, 49,.
u could not walk across the mattress
n .,,,cant Inv walking on one of the poles be-
,,ause the brush was so loose as to cause
80 n sink in. This mattress consisted
of something over 5000 square yards as
q raeasured bv the inspector, and the price
q being $40 per square yard under the con-
tracf its cost to the government was
q something like $500
"DiS that mattress meet the require
,,ents Of the agreement with the Atlantic
& Co,'tracting Company" Col. Barr asked.
Il s.It did not" was Capt. Gillettes reply.
..Uas the mattress of as much intrin-
sic value or as great cost IN construction
n as tbose of the third class named in the
4 specihcadons?' was the next question:
1Ir blair objected. He said he beleVed
counsel might show the value of the mat
& Tress TO the United States, but could not
q 90 into the cost of the mattress to the con-
tractors 1t is utterly immaterial what
the mattress cost the contractors" Mr..
81 Blair said, las long as the specifications
8 we're carried out That question rs of no
Il -nartnencv to the court, as the court has
n no concern with what the mattresses cost
mo contractors The question is whether
Il the mattress was of less value to the
q United States than those contracted for.
Moreover. Capt. Gillette saw this mattress
4 on Julv 81. some days, according to his
own statement, after he relieved Capt.
carter here, which was on July 20"
Col. Barr held the question was entire
IL proper as he said it was not only prop
81 or and desirable to show that the mat
4 tresses were of less value to the United
States, but that they were of intinitesimal
cost to the contractors. This, he SAID, 1t
was necessary and proper in order to show
n the carrying out of the alleged conspiracy.
That was a part of what was done in pur-
suance of the conspiracy, he said, and 1t
is proposed to show it.
Mr. Blair replied that it was first nee
d essary to prove the offense of conspiracy
before there could be proven acts pursuant
10 -.
Mr.. Rose. for Capt. Carter, explained
4 the meaning of conspiracy as defined in
the common law and in the Revised Stat
4 utes ofNhe United States Under the COM
mon law it is an agreement between two
or more persons to commit an unlawful
act and 1t is complete when the minds or
the parties 10 it meet. The agreement is
there complete, and il is then that the
i ofense is committed. The time when the
offense of conspiracy is committed, there
fore is the time when the minds of the
. ConspiratOrs meet. Conspiracy under the
Revised Statutes, he said, is practically
/ the same and it is not permissible to prove
4 any overt acts in pursuance of the con-
spiracy for the purpose Of proving the
conspiracy itself.
The first act under this charge of con-
spiracy was done June s, 1896, he said,
when the advertisement was published.
Therefore, the conspiracy itself was COM
mitted prior TO that time, when the minds
of the alleged conspirators came together.
MIR. Rose read number of decisions de-
timing conspiracy, and in support or ms
position, to show that acts pursuant to
the conspiracy could NOT be proven to
prove the conspiracy. The testimony as to
what the mattresses cost the contractors,
he said, made no difference whatever TO
the government the question being as to
the value of the material to the United
States. This testimony, he said, could
have nothing to do with the charge of
embezzlement, nor with any of the other
charges
While Mr.. Rose was speaking some ne
groes were employed in bringing in some
bundles OF brush, supposed TO be such as
are used in making mattresses. These
are the bundles brought from the brush
camps by order of Capt. Gillette on
steamer. The bundles were loosely tied
together with Irvine. 1t is said these are
some bundles which were condemned by
the contractors, that statement having
been made at the time the brush was
brought over to the city. The bringing
some little disturbance, and led Mr.. Rose
to say:
i will ask the court kindly to have
mat spectacular arrangement deferred un-
til later"
Gen Otis directed that the door be
crossed and that no more brush be brought
vol Barr said he regretted exceedingly
,hdt objection was interposed thus early
~ the investigation, and that he was not
20 nave the aid of counsel in bringing out
Sne truth. He said he would, therefore,
W compelled to work out the matter
am not seeking the conviction of the
"sgused as matter of professional
P.lue' Col Barr said; for this court
nnoWs have no professional pride of that
{tiatae'er. l do not want to do any in
1870 10 the accused, but l cannot con-
uu-,VHI,lously leave out any point which
"C Cl 40 an injustice to the government"
~ Barr then submitted opinions to
NV regal authority for introducing acts
poss su ram to the conspiracy for the pur-
pose Of proving it.
M ni' blalr disclaimed any intention OF
trrt Teutlhg the bringing out of all the
gaiS IN III connection with the case, and