The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-05

written by Mr. Connolly.
An army officer who was to have been
connected with the prosecution of the case
stated to several newspaper men that
Connolly was Capt. Carter's confidential
clerk. One of Capt. Carters attorneys
took him up on this statement, and in the
presence of the same newspaper men told
him that IL was untrue, as Capt. Carter
had no confidential clerk Several of the
papers published both the statement ard
the denial. This occurred in the court
room, though, of course. not as a part of
the proceedings.
The New York Press, which is after the
sensational features, took eagerly to the
story about Mr.. Connolly In this connec-
ton. and in many OF them it led the war
news. There are from twelve to fifteen Ie-
porters present every day, and they are
after all there Is 70 be had. There Is a
belief with the prosecution that Col. Barr
Is awaiting the passage of the Congress
sional resolution by which he has The
hope. as he has already announced that
reluctant witnesses win be compelled to
testify. JF.L.
New York, March 4-When the Carter
court martial met to-day, Judge Advocate
Barr had read and spread on the records
section 3,4T of the Revised Statutes of The
United States requiring that all powers
of attorneys and orders of authority shall
De executed in the presence of two wit
nesses and some official authority with
power 10 witness their execution.
Mr.. Brown said that the Knickerbocker
Trust Company had made application to
Capt Green for permission to produce the
books and papers referring TO his account,
and should his reply be favorable the doc
uments would be produced.
Edward Burns, cashier Of the American
National Bank, said that the Anson M.
Bangs check guaranteed by the bank had
been returned by the treasury department.
because the middle initial in Bangs name
looked like an en- instead OF an M" Mr..
Burns thought at the time that the sigma
ture was genuine.
The witness was asked If he had brought
certain papers relating to the account of
Is. ID. Green He replied that it was the
policy of his bank not to testify with re-
gard to the business of a client unless COM
PEELED to do so by law, and that he had
been advised by counsel that this court
martial had not the power to compel him
to testify.
Judge Advocate Barr asked that Mr..
Burns be adjudged In contempt of court.
THE witness Is in contempt of court"
said Gen. Otis, president of the cour.,
but this court has no power to punish
for contempt"
William II. Flagg, a stock broker. testi-
fed that in October, 1896 he bought -Op
shares of Delaware, Lackawanna and
Western and 200 shares OF Delaware and
Hudson Railroad stock. The total Valuo
of these stocks were $G0,2S3. Mr.. Flagg
said that, acting upon the advice of coun-
sci, he would refuse to produce such sigma
lures or documents whenever such powers
provide for the transfer Of any claims
against the United States to other parties.
Former Sub Treasurer c. N. Jordan was
calledapd asked If, assuming the indorse-
ment of Arson M. Bangs, on a certain
check to be forgery, 1t would make any
difference with the government 90 far as
that check was concerned, IL the party
whose name was signed should come for
ward now and say that he had given au-
thority for the signing OF his name.
MIR. Jordan replied that such acknowl-
edgement would in no wise change the
character of the check so far as the gov
ernment Is concerned. Such powers have
to be made in accordance with law, Mr..
Jordan said otherwise II the check were
improperly signed, II would be thrown out
by the treasury department
The check was returned TO the American
Exchange National Bank by Mr. Jordan
when he suspected the signature of An
son M. Bangs was irregular and the sig
nature was guaranteed. IL was proper,
under the regulations, Mr.. Jordan said,
to pay the check If the Endorsement was
guaranteed.
Mr.. Blair asked Mr.. Jordan IL he did not
know II to be a fact that the check in dis
pute had not gone back Into Capt. Carters
hands after 1t was signed.
The witness replied in the affirmative.
Joseph #. Brown, second vice president
OF the Knickerbocker Trust Company, who
was summoned to produce certain books
and papers relating TO the account of B.
ID. Green, with his company, was then
called. He said that, acting upon advice
of his counsel, he had not brought the
books and papers. as requested bearing on
Capt. Carter's account.
Mr. Flagg said that although Capt Car
ter authorized the purchase of the stocks
and carried them In his name. they were
really purchased for X. #. Westcott for
whom Capt. Carter acted as attorney.
Witness said that at one time Mr.. Westcott
said that Capt Carter was his son-in-law
and had full power to transact business
for him.
The stock purchased Mr.. Flagg said,
was paid for in installments, one OF which,
amounting TO $33, ,OO0 was in currency. lie
had good reasons, he said, for believing
that this money came from Mr.. Westcott
When the stock was sold the proceeds
were placed to Mr.. Westcotts account.
Mr.. F1agg denied that he had ever had
any transactions with Capt. Green, Anson
M. Bangs or any of the Gaynors.
The Judge Advocate asked that this wit
ness also be declared in contempt Of court.
At the Judge Advocates request, the
court adjourned until Monday next
AGHnRE OEE CApE HENRY