The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-02-15
CARRIERS PRIVATE PAPERS.
COL. BARR WILL SEEK TO INTRO
DUCE THEM AS EVIDENCE.

Capt. Carriers Counsel Will Enter n
Protest, and an Argument VIII En-
sue This Morning-Said They Were
Turned over to the Board of In
quiry in Confidence TO BE Restored
TO Him, and Were Sent Away with
out His Knowledge or Consent.
Defense Scores a Point in the In
PRODUCTION of Testimony.
The question of the introduction in evil
dence of some of Capt. Carers private pa
pers will come up before the court-martial
this morning An account Of the exam
ination into these papers by the Judge Ad-
vocate, and the protest against il on the
part of Capt Carter, was given in the
Morning News at the time it was made on
Jan. II.
In spite of the protests made at that
time the examination of the papers was
made, and in the presence also Of Maj,
Henry NJ Adams against which a second
protest was entered, These protests and
Col. Bars reply were entered on the rec
ord yesterday. Capt. Carriers attorneys
will object to the introduction of the papers
before the court, and the result will be
an argument on the subject this morning.
Considerable evidence was introduced
yesterday with reference to the channel
near the quarantine station and the rea-
sons for changing the harbor lines there
I'm 1892. After that Col. Barr endeavored
10 introduce a report of a board of en-
gineers, of which Capt Gillette was one,
and the action of the war department on
that report taken in October, 1897, chang
ing those harbor lines again, but the court
ruled these papers out as they related to
q matter which came up after Capt. Car
ter was ordered away from Savannah.
When the court opened Mr.. Blair made
personal explanation. Saturday he made
the remark that he understood that the
court had ruled that it was not bound by
the rules of evidence. When Witness
Cooper was formerly on the stand and his
examination had proceeded to a point
where the questions were by the court,
Mr.. Charlton having objected to a certain
question, this statement appears in the
record as having been made by the pres
ident of the court:
Inc court Is not now elIiCtlS bOuilu ny
the rules of evidence, and the court adopts
the question"
Mr.. Blair said he and other counsel had
been under the impression which he con-
veyed in his remark of Saturday that the
court had ruled 1t was not bound by the
rules of evidence, but he had overlooked
the fact that it was a question by the
court.
saTbe court regrets that there has been
.'What the court intended to convey was
that questions by the court or adopted by
the court and not Objectionable, cannot
be objected to under the rules of evidence.
The witness had passed to the court which
adopted the questions asked by counsel,
and as all these questions are asked by
the court they cannot be objected to on
the ground of rules of evidence
Assistant Engineer A. S. Cooper was put
on the stand again to make statement
of an estimate for dredging the proposed
new channel near the quarantine station.
He had estimated the total cost at about
$4,000 provided the channel had been
changed.
=. on the cross examination Mr.. Cooper
was asked for statement of his engl-
neering experience and training, which
was given. Mr.. Cooper considered that ne
was an expert on harbor work to re-
sonable extent, though he did not consider
he was at the head of the profession, Mr..
Blair questioned the witness upon several
propositions in hydraulics, chiefly as to
the formula for computing the velocity of
a stream. Mr.. Cooper could not remem-
Der the formula, saying when he wanted
it he always looked it up in engineering
books.
II am not prepared to stand a civil
service examination. / will have to study
for that" the witness said.
You are under examination and will
have to answer the questions" Mr.. Blaii
said "You are a hydraulic engineer an6
yet you go to books for the Fundamental
formula of hydraulics"
The witness replied that he did. Mr.
Blair questioned him extensively on tech
meal points with regard to the channe
near the quarantine station, and also as
to the soundings by which the hight o.
the breakwater was determined.
MIR. Cooper said in answer TO Col. Barr
that Capt Carter called him back her,
in 1898 as an hydraulic engineer, without
his having made any application for tn,
position. He had made a number of est
mates for Capt. Carter ali of which haC
been adopted. More technical questions
were asked.
Mai. c. S. Hardee, city treasurer, wa
called and asked to produce certain vouch
ers which were copies of receipts giveI
10 parties at the time the money wa
turned into the treasury. Four of thes
receipts were dated in 1889 and tire
others in 1885. Mr.. Blair objected to tn
introduction of those dated in 1889 be
cause he said Capt. Carter was in NJ
wise connected with those transactions II
also said it might require en- entrance int
collateral matters and would therefor
consume much time.
I'VE have all the time that lies befor
u.s. Col. Barr said. 81 want to shoy
what the city was paid for ballast rocl
in 1889 when it was not in a dilemma no
forced to give in TO the schemes of greed
men,"
The specification charges that this wa
species of extortion. Col. Barr said, an
he held it was entirely pertinent to intro
duce the vouchers.
The court retired and after some de
liberation decided not TO sustain the oh
lection of the accused. The voucher
showing what had been paid for stone 4
1889 as compared with the price paid 4
1896, were then read to the court and intro
duced in evidence. These papers shove
that at that time something like 81 a to
was paid for stone, whereas in 1896 thi
material was bought in lump at muc