The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-04-21
AN ERROR IN The SURVEY.
Caused. AN ADJOURNMENT OF THE
COURT UNTIL SATURDAY.

COURT UNTIL SATURDAY.
COST and Geodetic Survey Men Went
DOwn to Do Some More Work on
abe Tybee Break 7vater-ArEumen
for the Defense VIII Begin as Soon
as This Evidence Is In-CoI. Barr
VIII Make Only One Argument for
the Prosecution and That in Con-
cIuSiOn.
after half an hours session yesterday
The Carter court martial adjourned until
Saturday morning at 1879 o'clock, at
which time the last of the evidence will be
presented, and the arguments will begin
The Adjournment until Saturday was due
to the fact that an error was discovered
in the soundings taken for the survey of
the Tybee breakwater by Messrs. Marin
On and Young of the United States coast
and geodetic survey service and they
could not make the map which is 10 be
presented to the court in evidence. Cob
Barr said he had expected to have the map
on hand yesterday, but owing to the dis
covery of the error, the engineers who
made the survey had to go down to the
breakwater again, for the purpose of go
ing over their former work The error. he
said would have been very embarrassing
to him as well as to them, and in order to
get the map of the survey before the court
in proper shape, he asked an adjournment
until Saturday morning at 1O:3O O'Clock,
which was esken.
Col. Barr stated to the court that if he
could have finished yesterday he would
have asl ed for an adjournment until Mon
day m 1rning at 1880, in order to allow
time 20 get the record in shape, AS well
as tn himself and counsel for the defense
to prepare their arguments Col. Wood,
riff wanted to know whether counsel
-Roud be ready to begin the argument on
Saturday, as soon as the evidence in ques-
aion has been put in. Mr.. Blair stated that
counsel for the accused was ready to en-
ter upon the argument al any time, but
Col. Barr said he coNld not be ready before
Monday.
1t is understood that the arguments will
begin on Saturday as soon as all the evil
dence is before the court. Mr.. Blair will
proba bly, make the opening argument for
the court, to be followed by Hon. Walter
G. Charlton. Col. Barr will close for the
government. 1t was thought that Col.
Barr would make both the opening and
the concluding arguments, but when asked
about this by counsel for tine defense, he
said he would make only one argument,
and that in conclusion. In reply to a ques-
aon as to whether he would indicate in
advance upon what legal principles he
proposed TO rely he said he would not, and
that he would only speak in conclusion.
MIR. Blair will, therefore, probably begin
the argument for the defense as soon as
taat
has been put in on Saturday. The argu-
ments will probably be concluded by Tues
day or Wednesday, and the case will then
be in the hands of the court for its deliber-
alton and decision.
Mr.. Blair announced when court con-
vened yesterday that he had taken adj
vantage of the offer made by Capt Gill
aette when on the witness stand the Gay
before and had examined a number of
his vouchers and pay rolls. He read the
certificate attached to the pay rolls which
is as follows: 81 certify the above pay
roll is correct and just, and for days of
eight hours each"
The same certificate was attached to a
pay roll of the snagboat Satllla for Au-
gust, 1897. The time roll showed that the
men on the Satilla on some days were at
work for 111k hours. Nearly every day
showed that the time during which the
boat had been at work was longer than
eight hours. Mr. Blair called attention
merely to the fact that Capt. Gillette
certified that the employment of the zen
was for days of eight hours each.
Another pay roll was for Mr.. Geo. w.
Brown who signed as an assistant engin-
Ger at Savannah though he was working
at Darien. Mr.. Blair said he did not con-
slider these matters of any particular i'm
portance, but merely introduced them to
show how these things were of common
occurrence. He said he did not consider
them irregularities at all, but as Capt
Carter had been examined so in detail
with regard to them, he called them to
the attention of the court.
Col. Barr in answer read provision from
the regulations TO show that the eight
hour law does not apply to engineers and
boatmen, nor in cases of extraordinary
emergency. The case of the snagboat, he
considered one which does not come under
the operations of the eight-hour law.
Col. Barr then called Mr.. II. f. Willink
to the stand. Mr.. Wlllink testified that he
had never at any time demanded 100000
from the government for his marine rail-
way in case the end of Hutchinson's Island
were cut off. He wanted to rebuild it him
self at the governments expense, but this
Capt. Garter would not permit him to do.
On the cross examination he said he had
made the statement that it cost him about
$4,000, and that it would cost nearly that
amount to rebuild il.
Hiram Elliott was the steam engineer
on the snagboat Satilla in May, 1896, at the
time it was sent to raise the steamer San
tee, The SatIlla was not then in commits
sion, he said, but a crew was put on it,
and 1t was sent over. The boat was tied to
the dock on its return and some repairs
were made upon it. The Taccoa was not
sent at the time because ii was undergoing
repairs.
The court adjourned, as stated, until 1873
o'clock, Saturday morning.