The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-04-03
DEFENSE STILL AFTER STERLY
CAPT. CARTER'S HORSES STILL.
WORRYING THE LAWYERS.

of the Florida Central anu iehiu-
suIar Railroad Gives some Inter-
estiDE TestimOny-Dr. COrsOn Tells
of Mr.. Mcstcott-Nhat the Judge
Advocate Snid to Mr.. Austin.
The Carter court martial furnished sew
eral interesting incidents yesterday, both
morning and afternoon sessions being held.
There was a disposition on the part of
several officers of the court to hold a ses-
sion Sunday. which was voted down. Mr..
w. G. Austin testified that Chief Clerk
Sterley told him he had spent the Hirt
money. the $lS21O to pay the expenses Of
the trip to Patchogue, l.. 1. This is the
slush fund money. The usual amount of
time was devoted by Mr. Blair in his ef-
fort to destroy Mr.. Sterlys testimony.
Several witnesses testified that Capt.
Carter had two horses at the time he is
said TO have drawn forage for them. Mr..
Sterly stated that he drew forage for two
: horses at one time when he did not have
any. Other witnesses gave some inter-
estirg testimony.
The first witness sworn was Maj W. L,
Marshall, an officer of the United States
engineer corps. stationed at Chicago, III.
Maj Marshall was Introduced as an ex-
pert, and gave testimony similar to that
given by Mai. F. A. Mahan and Maj. J.
Fl. Willard also of the engineer corps. He
upheld Capt. Carriers construction of the
specifications and the work done under the
various contracts as well as the office
methods of the accused. The substance
of Maj MarshalTs testimony has been re-
peated several times in that given by other
engineer officers.
President H. r. Duval of the Florida
Central and Peninsular Railroad followed
Maj. Marshall on the stand. He was
questioned by Mr. Rose
Mr.. DuVai spoke OF the proposed harbor
improvement at Fernandina under the con-
tract OF 1885, and said he considered as
soon as provision was made for the work.
that IL was necessary that it should be
done just as soon as possible. So urgent
did he consider it that he went to see the
Secretary of War personally.
re mao made contract rate for the de-
livery of the Florida stone by rail TO he
used in the work, at 81 a ton but he was
willing, he said at that time to reduce
his freight rate to so cents ton, if il
would conduce to a speedier completion
There was also some talk on the mart of
the contractors Messrs Greene & Cay
nor, of bringing stone down from New
York in barges, as they could secure a
rate of 90 cents a ton by having it trans
ported in that way After discussion of
the matter, Capt. Carter would not permit
the contractors to bring the stone down
by the barge line, because, he said barges
could only be used about six months in
no fbar. n III.
in the delivery of the stone. Mr. Duval
said he left the matter of the reduction in
freight rate of 50 cents a ton entirely TO
the discretion of Capt Carter, his desire
being to have the work done. If Capt
Carter had recommended the reduction
there would have been a saving of 1915 go
10 the contractors on the total amount of
stone delivered. This, however, Capt Car
ter did not do, and the contractors were
required TO pay the original contract raie
for the delivery of the stone
Permit me 10 ask Mr.. DuVal" Mr.. Rose
said, there has never been any collision
between Capt. Carter and yourself, has
there?"
Il never suspected Capt. Carter of being
In collision with anyone" Mr.. Duval said.
land if had l would not have been his
friend. Capt. Carter could have controlled
that reduction in the freight rates on stone
If he had desired. l would have acted on
his advice"
''Did you propose to bid on the work?"
was asked by Col. Barr on the cross.
Il did propose to bid as the representa-
tive of the Florida Central and Peninsular
Railroad"
And you gave up the idea in considera-
ton of getting The contract for hauling
stone?"
mo. not altogether There were several
considerations. There were financial con-
siderations and then we did not care to bid
against our patrons" Mr.. Duval said.
Mr.. Duval when asked if he thought of
suing the contractors, If they did not bring
their stone over his road said that there is
never any basis for suit against a shipper
who does not keep his contract.
You have known Capt. Carter many
years. Col. Barr asked.
Yes" was the reply.
And you have held him in very high
esteemP"
Yes and do still" Mr.. Duval said.
when a contractor buys stone for co
cents a ton, and pays 81 a ton freight. and
then sells 1t to the government for $3.50 a
ton, is it not insatiate greed If he insists
on so per cent. reduction in the freight
rate?'' Col. Barr asked
i decline to answer that question" Mr.
Duval said Il am incompetent to answer.
it''
MT. lpuNal SAID ne knew Mr.. r. r. West
colt quite well. He had been in company
with Mr. Westcott and Capt. Carter and
knew that in 1S9S-94 and 95 Capt. Carter
was looking after Mr.. Westcott's business
for him
Ex-Mayor Herman Myers said the city
sold the Atlantic Contracting Company
some rock from the quarantine station
during his administration. The city allow
ed the company 10 take all the rock 1t de-
sired lying within the harbor line for $500.
The value of the rock to the city was moth
ing, and there was no other applicant for
any of the rock
The price of $500 was satisfactory to all
the aldermen present at the meeting. with
The exception of one, who did not want 10
sell for that amount Mr.. Myers did not
consider then and does not now. that the
city of Savannah was defrauded by that
action.
DR.. j. ID. Paige was next called, ana Mr..
Blair asked him:
DO you know whether between July /
and July 20. 1897, Capt. Carter owned any
horses here?"
Yes, know that he owned two horses
at that time. He bought one from Mr..
West and onf from myself He owns them
vet. One Of them is still In nv stable ,,