Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-09-09

to what features of the case would be af
fected by the statute of limitations 1t is
stated today that to the charge that
the statute of limitations would prevent
the government from recovering some of
the money alleged to have been stolen,
this is untrue. The money, if it can be
recovered at all, can be proceeded for in
the courts at any time If it is meant
that criminal prosecution of the alleged
conspirators in the case cannot be made
after this time, that is also untrue The
time for prosecution I'm the case will not
expire until July, 1880 Whatever overt
acts were committed were in July, 1897.
The time for prosecution does not expire
until three years.
No Partially to BE shown.
II may also be stated at this point that
there will be prosecutions Of the conspr-
ators if Attorney General Griggs believes
he has the slightest ground for bringing
them. No partially is to be shown Capt.
Carter or any of his accomplices and the
government will take action if it has
ground to do SO.
While there is no doubt that Capt. Garter
has been and is still surrounded by infiu-
entail friends no man, it is said, can find
person who has attempted to use any in
uuence at the Department of Justice. Only
the counsel Of Capt. Carter have had any
thing to say in the case.
Judge Ednunds' Opinion.
Those who seek information touching the
possible causes for the delay of the govern
ment in acting finally upon the Carter case
find their attention attracted to the period
when ex-senator Ldmunds was retained by
the President to pass Il legal opinion upon
the verdict of the court-martial. Carriers
friends had represented to the President
that the court-rnartial was prcjudiced
against Carter, that his prosecution by the
judge advocates department had not been
conducted properly and that evidence had
been admitted, which. under bhe rules of
evidence should have been excluded After
listening to This plea, the President, in his
desire to be just to Carter called in Mr.
Edmunds to examine the court-martial
ocGedings.
1t is currently reported that Mr.. Ed
munds rendered a kind of double barreled
verdict, which was unsatisfactory to every
body. He concluded, it is reported, that
the procedure of the court-f1artial as to
technical matters was correct, and that
carter was guilty of the viola lions of mill
tafy regulations. But evidence was wrong
funny introduced. touching the charges OF
conspiracy, and that without the use of
that evidence, wrongfully offered, he could
not have been convicted of conspiracy with
the contractors to defraud the government.
Legality of Evidence.
1t is said that the President found him
self as much at sea as ever after reading
the conclusion Of Mr.. Edmunds, and there
upon turned the whole case over to the
attorney General who is also to pass upon
whether the evidence was correctly used.
Inc evidence referred to was a mass of
papers which Carter claimed to be his per-
sonal private property, and his counsel
| claimed that they were seized by the gov
| eminent and used to his detriment, when
the government had no right to take them.
rms plea was put forward so frequently
during the trial that the Judge advocate
AOl Barr In his brief devoted pSjI hi
attention TO refuting the charges.
When MIR. Wayne. MacVeagh, Carriers
new counsel, put in his celebrated reply to
Col. Barr he again harped upon this illegal
evidence, and Col Barr in an argument
recently MADE to the Attorney General in
case ~
Col. Barr's Contention
1T is Denied" said Colonel Barr. that
there is any basic faef upon which to REST
the contention that the so-called nrivste
papers ever were illegally seized An in
sehlous and perssting harping on the SUBJ
'eel curing and since the trial, and per-
petuated III the brief under consideration,
hds ieit an impression in the mind of some
people lhat there was such a seizure Eff
iort' TOO, Is made to confuse the retained
vouchers of the accused with the books
ana papers taken from the government file
case' CHASING them together private
papers. Inc retained vouchers were left
by the accused on file in the engineers Of
nee IN Savannah when he was relieved
from duty IN the distrct-a fact hereto
fore commented on
ne DOCKS and papers were stored in an
expensive f1le case belonging to the govern
mnt, but which when il was purchased the
accused did not as the law REQUIRES enter
upon the returns of public property for
winch he was accountable and which he
had appropriated to his use.
Ihls case was Grated ready for ship
ment and stored In an Office room fol
winch rent was paid by the government
Inc Key was properly in the custody of
capt Gillette, and the office could in no
sense be conceded the sanctity of a private
room In the lawful possession of the a
cused.
FermiSston Given by the Accused.
When the board of engineers arrived T.
Savannah. 1t was Informed of this Grated