The times. [volume] (Richmond, Va.) 1890-1903, 1898-03-08
ARMY MEN HAVE
N0PRIVATE RIGHTS
So Says judge-Advocate Barr in the
Carter Trial,
A SOLDIER HAS NO REDRESS
Ifthe Government Desires TO Seize His
Private Papcrs-An iDpassioned
Speech Combating This Theory
BY the Defendants Counsel.

NEW YORK. March 7.-At ;he opening
OF to-day's session OF the court martial
hearing charges against Captain o. NJ.
Carter Of the Engineers Corps, Judge
Advocate Barr said that nc had received
a letter from Joseph Il. Brovsn, second
yice-presldcnt OF the. Knickorbocker
Trust Company. requiring that he and
the other officers of the company BE- given
until Wednesday 10 answer the questions
put by the court. The request was
granted
David y. CaTvalho. tho expert IN hand
writing. was the first witness called to-
day. The judge advocate offered In evil
dence a bill and voucher FOR $ZU.Jy0 for
work done in Cumberland harbor in Juno
1896 The bin was approved by Captain
Carter and the receipt was signed An
son NJ. Bangs. Mr. Carvalho said that
the signatures on both the bill and
voucher were In the writing OF Michael
A. Connolly A chcci. for $4,000 signed
by Captain Carter dated April 8. 1895.
was shown to Mr.. Caryolho and he said
that the endorsement OF the signature
of Ansor Bangs on the back was IN the
handwriting OF IL. d. Greene.
OBJECTION.
Major Heo-y y. Adams OF the engineer
corps, was then called. He said that he
was a member Of the board which in
vestigated the work done by Captain
Carter IN Savannah harbor. lie Identified
a number of receipts from the Union
Trust Company, Of This city. showing
that Captain Carter had deposited GER
tain amounts with that company.
Counsel for Captain Carter objected to
the Introduction of the papers. The OBJ
Jection was sustained.
Judge Advocate Barr then introduced
a number Of other papers 10 show that
Captain Carter had an account with the
Union Trust Company. Another objec-
tion was raised by Captain Carriers coun-
sell who said that the bank statements
were the private property of Captain Car
ter and that they had been seized by tho
United States government and were there
fore inadmssable as evidence. lie alsO
said that the statements showed hat the
deposits had all been made prior 10 Oc-
tober 1896. They merely represented Cap
tain Carriers salary as an army officer
The Judge Advocate said that the bank
statement shows that the accused officer
had been making deposits at the same
time that the contractors were getting
money from the government ana that this
bsN''1NNN q ''ANitA a.. ~ iNb INC -4OAflf-
ment.
NO RIGHTS.
He said that the members OF the army
were different from civilians and had no
private rights The government coult
seize private papars a. any time and a
soldier had no redress.
Walter G. Charlton. Of Savannah one
of Captain Carriers counsel denied this
in an imprisoned speech IN which be-
said that the contention O. the iudge-ad-
Nocate was absurd.
Mr.. Charlton claimed shat the Gov
eminent was illegally i'm possession Of
these papers, and IL would be willing to
ADMIT them In evidence. The court de-
cided not 10 sustain the objection of the
defence to the admission of papers re-
Eating TO Captain Carriers account with
the Union Trust Company.
The papers presented show deposits
made with the Union Trust Comany by
Captain Carter from 1891 10 1897. They
ranged In amount from 500 to $4,000 and
5000. From January 10 September 1891
the total deposits We're nearly $26.0Os
Major Adams identified a check book on
the Union Trust Company belonging to
Captain Carter. as attorney for H. t.
Westcott The defence objected to the
admission OF the check book as evidence.
ON the ground that IL belonged to Mr.
Westcott and not 10 Captain Carter.
Pending decision on the objection. the
court adjourned until tomorrow.