The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-01-13
Garter SAYS NOT GUILTY
Statute of Limitation Bars
Certain Charges.
BUT THE ISSUES ALL REMAIN.

Seven Contracts-SimiIar Charges
Found Under the Two Recent Con-
Notwithstanding of the Court.
Col. Barr Reads the VoIuminous
Charges to the Accused-The
Charges and Their Meaning-TaI1-
ing of Evidence to Begin This
Morning.
In the presence of an august court of
thirteen army officers, and of as many
citizens of Savannah as could crowd them
selves into the United States court room
between the railing and the wall, Capt.
o. M. Carter heard read yesterday by Col.
Thomas F. Barr. judge advocate, the
charges upon which he viii now go to
trial
The public has already been given an
idea of what those charges are. Stripped
of explanation and definition, they are
conspiracy to defraud the United States,
causing the payment of false and fraudu-
lent claims, conduct unbecoming an Off
Ger and a gentleman and ENLIGHTENMENT.
These charges, in a sense are construc-
tive, and with a few minor exceptions.
all Of them arise out of The claim that the
used in the construction of the ietties in
the Savannah river and at Cumberland
sound. were cheaper and of a more infe-
rior grade than those called for in the con
tracts. Enforcement is defined as The
payment of government money for a pur-
pose not authorized by law, there being
no suggestion that the accused ever APP
piled any of 1t to his own use.
The assembling of the court was watch
ed with much interest. All of The officers
had arrived in the city, and were prepar-
ed TO meet at IL O'Clock. Some of them
donned their uniforms and side arms at
the De Soto, while others had them sent
down to the custom house, and used the
judges rooms as dressing rooms.
The arrangement of the court was some
what different from the plan ordinarily
adopted. Two long tables were set at a
slight angle to a central desk, these being
arranged just in front of the judges
bench. AT the central desk sat Gen Ell
well S. Otis. president of the court To
his right was Col. Jacob Kline. and next
to him. on bis left, was Lieut.. Col. SAM
uel M. Mansfield. The officers were ar
ranged alternately on either side of the
president, and according TO rank. The
judge advocates desk was located iust
in front of the president of the court.
ana near him sat Capt. Charles Mcclure
ms assistant Next to the judge advocates
desk were the strenographers, Col George
T. Cam, who is doing the work for The
government, and Mr.. S. b. Hinsdale OF
New York, who is reporting the proceed
lngs Tor Capt. Carter. The defendant and
his counsel We're located to the left of the
president of the court and Just to the
rear of the judge advocate
Some time before the court assembled
the limited space intervening between the
iron railing and the wall in the court room
was hHed with spectators, and before the
court was called to order they were mack
60 Iheretoo close for comfort. An orderly
STOOD az each of the gates leading within
the railing, to keep out all who had no
business within. Members of the bar were
allowed to so inside and OCCUPY the iurv
seats, as is customary at court sessions.
ana there were also several ladies' present
during portion of the proceedings
The clock had scarcely finished the
stroke Of II when the officers of the court
MED IN from the jury room and took their
seats. AS soon as the court was called
10 order the roll was called by Col. Barr
and all of the thirteen officers were pres.
ent. Col. Barr read the orders conven
ing IL to Jan. u and others issued in
connection with ii.
Wnen Col Barr called Cant Carriers
name, he asked him If ne desired counsel
Capt. Carter replied that he did. and hand
3 cd Col. Barr list Col Barr stated to
the court that Capt Carter desired 10
have Messrs. w. c. Charlton. w w
Maekall, Frank p. Blair and A. ]. Rose
represent him, Gen Otis replied tbat
there We're no objections
Col. Cam was then sworn as official
stenographer.
You have heard the orders convorirc,
the court" Col Barr said to Cant. Car
Ter. Have you any objection to anv
member of the court?"
piled, 'e'
The officers of the court were tbor s1vor,
by the judge advocate to well and truly
try the Issues before them without favor
ana without Partially, and not TO divulua
the nndings of the court or the vote Of
any of its members until their renorJ
mad been made to the proper authority.
Soi. Barr was then sworn by Gen OTIS
as judge advocate
Printed copies of the charges were fur
nished TO the members of the court and 10
the counsel for the accused Col Rarr
then began reading the charges to the ac
cused. Capt. Carter stood erect In uni
form out without side arms facing the
d
yocate. The scene was an interesting ana
an Impressive 'one The courtroom was
very quiet. with the exception of a nftle
noise that came now and then from the
hallway The people were pressed in
behind the railing as close as they couId
get TO hear the reading. Col Barr read
with a clear, though not very voluminous
voice. and most of those in the court room
heard him. After reading nearly an hour
Col Barr stopped a moment to rest and
then resumed. The reading of the charges.
about fifty pages of type-wrltten matter
occupied more than an hour and a half
Capt Garter, you have heard the
charges and specifications preferred
against you" Col. Barr said when he had
finished ''What have you to say to the
first specification"
Capt. Carter stated that he had Special
plea TO make to that specification, ana
that plea Yves then read by Mr.. Blair as
follows:
"And the said Oberlin NJ Carter. In his
own proper person, comes into court here.
and having heard the specifications read
by leave Of court first had and obtained.
says;
''That the United States ougbt not