New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-09-28
CAPT. CARTER DEFENDER
WAYNE MACVEAGHS PLEA BEFORE p,
ATTORNEY GENERAL
ACoUITTAL OF THE DEFENDANT upc,,
ON TECHNICAL GROUNDS-THE COURT
MARTIAL SYSTEM CONDEMNED.
(BY TELEGRAPH TO THE TRIBUNEl

tain Oberlin VI. Carter has been made FOrn
Attorney General Wayne MacNeagh concIu,.,
the last chapter in the defence OF the man -,
victed Of conspiracy and defrauding the Goy.,
ment and sentenced to dishonorable dism,,
from the Army, and. according to general
lief to the payment of a fine OF $1,000 and A. il
years Imprisonment in the penitentary n
argument before Attorney General Grlees
day was the plea of a trained lawyer. Aeon,
toned to take advantage Of every techncap, ]
that the law granted him. The gist Of the VIII, Il
argument can be summed up in the staten..H
that after generally denying the accuracy y
the facts proved. after charging the illegssl
of the testimony submitted Mr.. Macyeagh u
sisted that nevertheless, even had all ,h,
charges been true. Captain Carter should
freed and the verdict Of the court martial A,
approved because it had been reached from sv
dence that, technically, was not properly be.,,I
,he court 1t was a technical argument throur.J
out and acquittal was asked on techni.X
grounds solely. There was scarcely even an al
peal to sentiment. the great vantage ground u
the criminal lawyer.
Mr.. MacVeagh was never in better condu,,u
He had his subject well in hand, and when N
fell short on an idea. there were three or ,u
or the contractors. to prompt him and carr
him in safety over that portion Of the pahz,
wherein he was prone to stumble. He shrersM
ly avoided attacking the personnel OF the cour5
They were men beyond reproach, he said bN
he did condemn the general court martial sys
TEN of the United States. We were. he sa
behind Englaad. and even Germany. in ii
respect It was a notorious fact that cour
martial were organized 10 cor 'ict. Men brought
before a court martial for trial rarely escaps&
conviction simply because the soldiers Of sue
a court knew nothing of the rules governin
the admission of evidence and were at III
mercy Of the Judge Advocate. That oicia0
might be an officer knowing something OF lad
or he might be, Mr.. MacVeagh said good SUI,
geon or an excellent chaplain but very ped
lawyer In Captain Carriers case. he was %
at the mercy of very poor lawyer.
COLONEL BARR's CONDUCT CRITICISED
Mr. MacVeagh severely criticised the condu1
! OF Colonel Barr. Judge Advocate. Captain 4
! lette who succeeded Captain Carter in char,
Of the work in Savannah and Cumberan
Sound was also caustically commented upd&
He was accused of being Colonel Bars assisI
! ant in the preparation of testimony and in 4
schooling Of witnesses. The structures OF u
| MacVeagh on several Of the witnesses and u
newspapers were particularly sharp and TO sOnN
he threatened subsequent proceedings.
The distinguished solicitor devoted most OF u
time to showing that there had been a miscsf
rage Of justice simply because the court mart
was incapable Of weighing what was and VIII
was not evidence. He denied that anywhere
the evidence there was any testimony
show that Captain Carter had been guilty Of :
conspiracy or that he had defrauded the Coz +
eminent or had any intention Of SO doing.
CORRECTING ERRONEOUS REPORTS /
Before proceeding with his argument proper
corrected what he designated as erroneous n
ports concerning the case The first Of these
which he gave his attention was stateme
that Secretary Alger had allowed the attorns
for Captain Carter to take away and keep %
session of the record in the case. This was,
/ said absolutely untrue. The counsel for .
| accused had never seen the original record
had received no favOrs. 1t was also false I'd
the representatives of Captain Carter had n
portuned the President in the captains beha
on the contrary the only pressure brought
bear upon the President was from the others'i
eleven instances of what he termed positive
ventions retailed TO the correspondents OF
} newspapers during the last eighteen mont
Sooner or later he expected 10 reveal the au'h'
of these reports and expose their motives
then to hold somebody responsible for PROVE
their truth. He had thought Of asking the * !
Secretary of War to signalize his entrance up |
his duties by posting this notice over the do'
Of two of the divisions of the Department: n
falsehoods shall be disseminated from this Il
flee during office hours"
Mr.. MacVeagh also denied that the finding !
the court had been unanimous, notwithstahai
he said. that the War Department had so s'a'7 i
WEIGHT OF COURT MARTIAL DECIsloNsI
In asking that the court martial verdict De j
aside Mr. MacVeagh urged the unhtness Of ~ /
a court composed of men unframed in the
TO deal with questions such as those involved !
this case. The findings of such a court have
validity and carry no weight. The innings"
based on a tumble of incongruous and dlsc0.
ant charges ranging from embezzlement anu
ceit In the smallest matters TO charges oi
spiracy of immense magnitude.
In reply to a question from the Attorney W
; eral Mr. MacVeagh admitted that no ooleo'
to the msjoinder Of charges had been MAUI
the court martial. Mr. Griggs suggested
the objection should have been made at
time adding that he was expressing no op
upon the merits OF the points at issue Co""'
ing. Mr. MacVeagh said that only iaH
was asked and fair trial could not De
upon such a collocation Of charges as hau
made i'm this
Mr.. MacVeagh also dwelt upon the poh'
the charges We're brought NOTWITHSTANDING
statute Of limitations. He cOntended l"a'
fragrant violation OF this act OF Congress
sufficient To Vitiate the proceeding He
no doubt that Captain Carter was 'o'
from the time he pleaded this statute BEFORE
court but this was done under advice anu
at least legitimate With reference "
checks issued by Captain Carter. MI >"
. Veagh contended that he could not uhu''
law have avoided their issuance. the SAM