The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-11-01
THE CARTER CASE.
Former senator Edmunds Said 10
Have Criticised the Use of "Pri-
Vafe'' PnDera.

Former Senator Edmunds Said 10
Have Criticised the Use of "Pri-
vate' Papers.
Washington Correspondence New York
Herald, Oct 20.
President Mckinley expected to have
reached conclusion in the Garter court
martial case to-day, but he was prevented
from doing so by the consideration of Gu
ban matters that were more pressing.
Papers In the case have been at the
White House since last Monday, together
with the expert review and opinion of
former Senator Edmunds. Secretary Alger
expected, when he went to the White
House to-day, to have a conference with
the President as to the whole matter, and
il is thought some decision will be reached
during the early days of next week.
One of the Irregularities in the record of
trial pointed out by Mr.. Edmunds is that
certain papers held to be private. were
improperly admitted as evidence. Military
authorities, however do not give much
weight to this alleged criticism.
The private" papers referred to turned
out to be what are called in the service
retained papers," or RETAINED vouchers"
Although they were locked up in the priv
ate safe of Capt. carter, the fact is per-
fectly well settled in other cases, I am in
formed, that the government has a right
to use these papers in evidence. They are
nothing more than duplicate vouchers, one
voucher going to the department and the
other being kept by the officer who pays
out the money. If they are semi-official,
in the event of the loss of the original
voucher they become official and part of
the government record.
A high legal authority with whom L
talked to-day said that if this was the
only thread upon which doubt hung, such
doubt would soon disappear.
There seems among army officers to be
only one oplnion-namely, that the verdict
of guilty should standard even should
executive c,emency be exercised to a GER
tain degree it is not believed the unfor-
tunate officer viii escape without severe
punishment
From several sources have learned that
prominent railroad men in the South Will
be finally implicated, and that this fact
accounts for some of the favorable interest
taken In the case by well known men of
a certain Southern state.
Another legal authority is of the opinion
however, that now civil proceedings may
be taken against Capt Carter In defense
of this opinion the case is cited of the
United States VS.. Clark, in which Justice
Brown of the United States Supreme
Court, in delivering the opinion, held that
both criminal and civil actions would lie.
Justice Brown said:
1.-THE subject of the civil responsibility
of the army was very carefully considered
by Attorney General Gushing in Steiner's
case, Ops, Attorney General ALB, and the
conclusion was reached that an act Grim
inal both by military and general law is
subject 10 be tried either by a military or
civil court and that a conviction or ac-
quittal by the civil authorities of the Of
fcer against the general law does not dis
charge from responsibility for the military
offense involved in the same acts. The
converse of this proposition is actually
true"