Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-09-27
Wayne MaoVeagh Argues Before the
Attorney General.
C0URTS-MARFIAL ARE CRITICISED
Only Civil Tribunals, He Says, Are
Competent.
CHARGES NOT CONGRUOUS

An argument was made today before the
Attorney General by Mr.. Wayne MacVeagh
| in favor of Capt o. NJ Carter, convicted by
court-martal. The hearing was in the At
| torney Generals office. There was a con-
spicuous absence of army officers.
Mr.. MacVeagh said that it was possible
| in so volumnous case as the Carter case
| he might make errors in citations or quo
| tatons. and for that reason he thought it
was desirable to have a representative of
| the government present at the hearing. He
read a letter which he had written to Col.
Barr asking that he be present, and a
| ply saying that Col. Barr did not desire to
| be present at reopening of the case, as
| he did not fear that Mr.. MacVeagh would
overstate the case or make errors of cita-
ton quotation.
Characterized as Missfatements.
Mr. MacVeagh said the statement that
| the counsel for Capt. Carter had with
drawn the papers il lis case from the War
Department for examination was incorrect.
They had never these papers. He
said there were many other misstatements.
One of these misstatements was that the
President had been importuned to take any
action inconsistent with his duty. The fact
was he said, that enemies of Capt Carter
had endedvored to prevent a judicial hear
ing of his case. Another charge was that
Capt. Carter had a great sum of money to
pay counsel, and that he had paid extrav-
agant fees to counsel. In all. Mr.. Mac
Veaeh declared, there were eleven of such
false statements that had been retailed
throughout the country and he hoped at
some time to trace them and to hold some
one responsible for them. He said he had
considered the ACCESSIBILITY of asking the
new Secretary of War to signalze his en-
| trance in the War Department by posting
a notice reading:
1T is against the rules of this depart
ment for officers to tell falsehoods during
office hours"
What Was Asked.
Entering upon review Of the case coun-
sci said the record of the case was so sat
| urated with error as to embarrass it. He
only asked that Capt. Carter be given the
same opportunity for a judicial hearing
that is given a tramp on the highway. AS
long ago as July, 1898. he had said the
should be referred to the Attorney General.
To Capt. Carter an open and public trial
would be most desirable. They We're en-
titled to demand that this verdict should
not be used to destroy an innocent man.
He said it was inevitable there should be
a delay, but the delay had been less than
| courts of justice exercise in less import
ant cases. So far he knew this case
had not had one bit of mystery surround
ing 1t. 1t was the case of an engineer Of
ficer of the army resting under serious
charges. If the President should confirm
the verdict of the court-martial he would
be guilty of a cruel act, although he had
been urged to confirm it without judicial
hearing Oh the ground that he might do so
and wash his hands of the case because it
had been decided by a military court-mar-
tlal. rms was case, he said. Which
shoul- not properly come before a court
martial, which courts are competent to act
only on cases involving military discipline.
characteristics of Courts-Martial.
This case was a charge that in 1896
nrNf '1vta bod
| with contractors to defraud the United
States. This was for a judicial court to
deal with. 1t was a proverb that courts
martial are organized to convict.
The intelligent military officer does not
look upon the courts martial as judicial
bodies. The findings of such detail of
officers have no validity. No lawmaker
had ever thought of giving them power
to condemn any one Such a court re-
quires some civil officer to make himself
responsible before the world for such a
verdict. They have power to compel a
single witness to answer a single question.
Think. said Mr.. MacVeagh. "of trust
ing my life and name to a court-martial
that has no power to compel a witness to
tell the truth or to testify at all and the
accused man cannot compel a witness to
testify"
The testimony in such court is brought
only by voluntary witnesses.
II had been declared that Mr. MacVeagh
mad said that the Carter case was similar
to that of Dreyfus. He said he certainly
had not spread or invented such a theory.
Capt Carter was nor Jew and there was
certainly no element of religious perse-
cution in the case. He then referred to the
verdict of the DreyfuS case to show that a
court-martial Of military officers is not
really competent to pass upon a judicial
matter. Germany, he said, realized this and
had found it necessary to order that every
court-martial of any consequence should
be presided over by a judge and that no
verdict could be rendered against an officer
unless the court was presided over by a
judge. England ,equires that every court
| martial case shall be reviewed by judge,
who shall carry the case to the queen if a
verdict is to be rendered.
1t had been said that the verdict in the
Carter was unanimous, and that re-
port had been spread broadcast. He had
taken a great deal of care to look into the
case, and he thought he was warranted in
the statement that that report not
true.
Alleged InconEruOus Charges.
The record that the Department of JUS
tice makes in the Carter case, he said,
would be a precedent in future courts
martial cases. The charges in the case, he
said, were homogeneous. These homogeneous
charges resulted in Capt. Carter being tried
on different charges that were in effect the
same under different names. He declared
that never before was a man tried on such
a tumble of homogeneous and discordant
charges.
directly at the Attorney General, Il would
prefer to confirm this verdict, because it Is
the easy way of disposing of it. But | de-
clare that that cannot be done with a due
regard to law and justice. 1t is impossible
to confirm this verdict without denial of
all law and all justice.
Among the homogeneous charges made
against Capt. Carter were attempting to
rob the government of millions of dollars,
accepting mistaken descriptions of labor
ers from his clerk, telling falsehoods to the
chief of engineers, committing perjury, en-
beZZling S132. 10 and committing frauds by
making false reports of his presence at his
post to the Secretary of War and chief of
engineers. Mr.. MacVeagh said the only
proper way for trying a man was single
charge, which might be stated in different
ways.
Why Was Counsel Silent.
The Attorney General asked whether OBJ
lection had been made to this form of as
sembling the charge. Mr.. MacVeagh said
it was realized that the court had no pow
er to convict, and 1t was not done.
The Attorney General wanted to know
whether the silence of counsel for Capt
Carter on this phase of the charges did not
amount to an acceptance of them.