The San Francisco call., 1899-09-28

auVes OF Captain Carter had i'm
portuned the President in the captains
behalf. On the contrary the only pres
sure brought to bear upon the Presi-
dent was from the other side for the
affirmation of the finding He recited
eleven instances in what he termed
positive inventions retailed to the cor
respondents Of the newspapers during
the past eighteen months. Sooner or la
ter he expected to reveal the authors of
these reports and expose their motives
and then to hold somebody responsible
for proving their truth. He had thought
of asking the new Secretary of War to
Signalize his entrance upon his duties
by posting this notice over the doors
of two of the divisions of the depart
ment: mo falsehoods shall be dis
seminated from this Office during office
hours"
Mr.. MacVeagh also denied that the
hnding of the court had been unani-
NOUS, Notwithstanding, he said. that
the War Department had so stated.
In asking that the court-martial YER
dict be set aside Mr.. MacVeagh urged
the unf1tnesS Of such a court composed
of men unframed in law, to deal with
questions such as those involved in this
case. The findings of such a court have
no validity and carry no weight The
findings were based on jumble of in
congruous and discordant charges.
ranging from embezzlement and deceit
in the smallest matters to charges of
conspiracy of immense magnitude.
In reply to a question from the At
torney General, Mr.. MacVeagh ad-
mitted that no objection to the mis-
joiner of charges had been made in the
court-martial. Mr.. Griggs suggested
that the objection should have been
made at the time, adding that he was
expressing no opinion upon the merits
of the points at issue. Continuing Mr.
MacVeagh said only a fair trial was
asked, and a fair trial could not be had
upon such a collection of charges as
had been made in this case.
Mr.. McVeagh also dWelt on the point
that the charges were brought notwith-
standing the statute of limitations.
He contended that the flagrant vio-
lation of this act of Congress was suffi-
cient to vitiate the proceedings
He had no doubt that Captain Carter
was convicted from the time he plead
ed this statute before the court, but
this was done under advice and was at
least legitimate. With reference to the
checks issued by Mr.. Carter, Mr.. Mac
Veagh contended that he could not un-
der the law have avoided their issu-
ance. The same was true of every act
performed by him in this connection;
not one ACT was OpJlOIldl- opedhiLS VI
the high price for service paid by Cap
tain Carter. Mr.. MacVeagh said they
were paid on lettings after advertis-
ing; hence the profits of the contract
ors were not legitimate evidence
against the officer in charge. Moreover,
in many instances the prices paid were
no higher than those paid for similar
service by other officers in like cases.
Mr. MacVeagh criticized unsparingly
the witnesses called for the prosecution
Of Carter. as well as the action of the
court in admitting much of the testimony,
denouncing much that was said as lies.
One Of the witnesses, he said, did not
complain of his being liar because he
was born So" but of his being used by
Colonel Barr and Captain Gillette after
he was proved TO be a liar. Another wit
ness was represented as having received
the money on a check which it is charged
went to Carter's account. third wit
ness who had been called as an expert
engineer was represented as having sworn
that he did not know the difference be-
tween a cubic yard and a square yard.
Mr.. MacVeagh closed with a very earn
est appeal for a judicial hearing of the
case. dwelling at length upon the majesty
Of the law and appealing TO Attorney
General Griggs as a lawyer and jurist to
accept his view of the case and counsel
the President to prevent the affirmation
Of the verdict of the court-martial.