The times., 1898-03-05
WITNESSES REFUSE TO TESTIFY.
The Trial of Captain Carter Consid-
ably Enlivened.

New York. March 1. - At the trial of
Capt Carter, L. s. A. here today refusal
of number of bankers and brokers to
give testimony was the most interesting
feature of the proceedings. The court
was unable to punish them for contempt,
and finally Col. Barr said:
~ cannot repress my indignation. Here
is Il court appointed by the Secretary of
War of the United States. which has the
power to adjudge even the death pen
atty. and which has the power to send
the accused to the penitentiary, and yet
when we try to bring before this august
court the testimony upon which it should
rely to form proper judgment we are
impotent. That men occupying high po-
sitions in society should refuse to give
the court their help toward arriving at
the truth seems to me shameful and yet
when we try TO force them to divulge
those matters of which they have knowl-
edge we fail utterly, for, although we
may have them adjudged in contempt, by
the rulings of an Attorney General of the
| United States. We are informed that We
have no power to punish them.
The proceedings began with the recall
ing of Assistant United States Treasurer
Jordan to the stand. He was questioned
further regarding a check drawn upon the
y
Arson NJ. Bangs and paid by the sub
treasury here through the American EX-
change National Bank upon an indorSe-
ment which Expert Carvalho declared
was an imitation of Mr.. Bangs's sigma
ture, written by eX-Capt. b. ID. Greene.
This check, ii appears, was first sent
to the subtreasury for collection, and
returned unpaid because the Endorsement
was written with an m instead of an
m for the initial of the middle name.
! The check went back to the American
Exchange National Bank. whose cashier
wrote upon it a guarantee of the sigma
lures in Endorsement. Then the check
was paid by the sub-Treasury.
! Joseph T. Brown, second vice president
of the Knickerbocker Trust Company
| was the next witness. He had been sum-
| moned to produce the books and papers
! of the company, which contained accounts
with b. D. Greene. He declined to do SO.
us your decination of today based fun
damentally upon the advice of your coun-
| sci that this court has no power TO pun
! ish for cOntempt?" asked Col. Barr.
| TIt is.
| AT Col. Bars request the president.
! Gen. Otis, adjudged the witness in con-
! tempt, though the court has no power to
punish.
| Dumont Clark, president of the Amer
| ican Exchange Bank. was called next.
| but he proved not to know anything re-
| garding the payment of the check, and
| he was followed by Edward Burns. cash
| ier of the bank The substance of Burnss
| testimony was that he did not remember
| anything about his Endorsement of the
checks. He had been subpoenaed to bring
papers and books with him. He did not
bring them, and said he had no intention
| of doing so. and he, too, was adjudged il
| contempt OF court.
The last witness was w. Fl. Flagg, OF
the firm of Reed & F'lagg. brokers. He
| produced a copy of the only account, he
said, that his books contained in Capt
| Carters name, and the entry of this oc.
count in that name, he declared, was d
mistake. 1t should have been entered ir
the name of Robert f. Westcott, Capt
| Carter's father-in-law. The account
showed that on October s. . and 10, 1895
Capt Carter employed the firm to buy
400 shares of Delaware. Lackawanna anC
Western stock at cost of $50 2S}.6I. He
testified that he knew the transactions
were for Mr.. Westcott's account, that
Capt Carter held a power of attorney
from Mr. Westcott and that he had made
many other transactions for him.
"Could you ascertain from your book:
what purchases had been made by Capt
Carter for Mr.. Westcott's account ask
ed Col. Barr.
II could, but | decline to answer.
have been advised by Mr.. Westcott's at
| torney not TO give such information.
Did you ever buy or sell for him any
Empire Construction Company AT
lantic Contracting Company stock?''
Il never did, but | should decline to an
swer If | had"
Here Mr.. Flagg was declared to be il
contempt but he was permitted to say il
answer to Mr. Blair's questions that h.
did not know any one of the Gaynors
Bangs or Greene.
The case was adjourned until II o'clocl
Monday.