The sun., 1898-03-09

Another Day or SHARP Legal FishtinE at the
Cnptain'a Court Martial.

The proceedings before the court-martial
which is trying Capt. Obcrlin M. Carter Of the
engineer corps upon charges OF conspiracy, en-
bezzleincnt and conduct unbecominR an officer,
were marked by sharp fighting yesterday from
the beginning to tho end OF tho four hours Sos
sion. The legal battle began over tho offer.
mado by Judge Advocate Barr just before the
adjournment on Monday, TO place In evidence
checkbook containing the stubs Of checks drawn
upon the Union Trust Company OF this city on
the account OF Robert p. Wcstcott by Capt Car
ter as attorney for Mr.. Wcetcott.
Ahram ]. Roso OF Capt. Carter's counsel OBJ
jectcd to tho admission Of tho checkbook as
evidence. He declared that It represented the
fiduciary acts OF Capt. Carter for his father-in'
law, and that the court had no right to know
its contents unless 1t we're first shown that Capt.
Carter had acted under power OF attorney
from Mr.. Wcstcott when no drew tho checks.
When Mr.. Roses argument was finished Col.
Barr arose with tragic manner.
MARK now he exclaimed. how plain a
tale shall put you down. This checkbook is
moro than mere checkbook. There are within
1t marks. initials, and names which indicate
dealings with persons who are declared to have
been cocoon splrators with tho accused It was
objected yesterday that this was largely Capt.
Carter's own checkbook; to-day 1t Is said that
1t is another's. Ihave beon referred to by the
counsel for the accused as tho prosecutor In this
case. Sorry / am that this s true. for the duties
of Judge Advocate are supposed to be to find
out the truth. have zen driven into the pUsi
This avowai offered Capt. Carter's lawyers
for, for ana Frank p blair took advantage Of il in
moment q. / am glad" he said. that the Judge
of his position. II he is desirous Of getting at
the truth in this case, why does he not produce
Mr.. Westcott. Under which Capt. Carter acted,
and introduce the list showing the deposits
Of Mr. VT TO th
have asked the bank to give us copies OF the
power Of attorney and to allow us access to their
produce themi, This was the Keynote Of the
troducc documentary evidence of Capt. Carter's
ACTS under guise OF being, attorney for Mr..
proving that there was power OF attorney,
while Capt. Carter's lawyers strove to keep
eminent e to hSp them emu prove @ e0f The i
Of the power Of attorney: It ended for the day
in some of tho papers. while Capt. Carters law.
yers forced him to admit the existence of at
paper which purported TO be a copy. of three
such documents authorizing Capt. Carter to
In the thick OF the fight Chauncey NJ Dcpew
came into the room and was called "a, At once to
purpose Of calling Mr. Depew on behalf of the
defence was to show by him that many deli.
cate financial in behalf Of tho
ed by Mr.. Westcott. and that tho disclos-
ure of his money accounts would make
public matters which concerned others than
himself. Mr.. Depew was not allowed to answer
many OF the questions put to him. but it was
evident that his answers would have pleased
Mr.. Blair had the court permitted him to speak.
Mr.. Westcott was tho founder Of Westcotts
Express. Mr.. Depew testified, and had close
business relations with the Vanderbilts for
many years.
When Mr.. Depew stepped down the loyal
sparring for points was resumed and Continued
until the court adjourned for tho day.