The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-09-28
MAC VEAGH DEFENDS CARTER
Continued from First PageJ

Continued from First Page)
martial case of Capt o. NJ. carter of the
army.
MIR. MacVeagh asked for judicial hear
ing in the case, saying that if the Pres1-
| dent affirmed the proceedings he would
be guilty of an act of great cruelty and
wrong
The record was, he continued so sat
urated with errors of law that it is i'm
possible in a country governed by law to
affirm the finding
Before proceeding with his argument
proper he corrected what he designated
as erroneous reports concerning the case.
The first of these to which he gave his
attention was a statement that Secretary
Alger had allowed the attorneys for Car
ter to take away and keep possession of
the record in the case. This, he said, was
absolutely untrue The counsel for the
accused had never seen the original rec
ord, and had received no favors.
1t was also false that the representa-
lives of Capt Carter had importuned the
President in the captains behalf On the
contrary, the only pressure brought to
bear upon the President was from the 9TH
er side for the affirmation of the finding.
He recited eleven instances of what he
termed positive inventions retaied to the
correspondents 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 Sec
rotary of War to signalize his entrance up
on his duties by posting this notice over
the doors of two of the divisions of
the department:
mo falsehoods shall be disseminated from
this office during office hours"
Denied 1t Was Unanimous.
Mr.. MacVeagh also denied that the find
ms, of the court had been unanimous, not
withstauding, he said, the war department
had so stated.
In asking that the courtmartial verdict
be sci aside Mr.. MacVeagh urged the I'M
fitness OF such court, composed Of men
unframed in the 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 find
ings were based on jumbo OF neon
gruous and dscordant charges, ranging
from embeZzlement and deceit on the
smallest matters to charges of conspiracy
of immense magnitude.
In reply to a question from the Attor-
new General. Mr. MacVeash admitted no
objection to the misjonder of charges had
been made in the courtmartial Mr.. Griggs
suggested that the objection should nave
been made at that time, adding that he
was expressing no opinion upon the mer-
its of the points at issue.
Fnn rrh
only a fair trial was asked, and a fair
trial could not be had upon such col
lection of charges as had been made in
this case.
statute of Limitations.
Mr.. NacVeash also dwelt upon the point
tbat the charges were brought, notwith-
standing the statute of limitations. he
commended that the fragrant violation OF
mis- act of Congress was sufficient to Vi
tate the proceedings.
He had no doubt that Capt Carter was
Convicted from the time he pleaded this
stafute before the court, but this was done
under advice, and was at least legitimate
with reference to the checks issued by
Cant. Garter. Mr.. MacNeagh contended
that he could not under the law nave
avoided their issuance. The same was true
of every act performed by MIN IN TINS con-
nection: not one act was optional.
Sneaking of the high prices paid for sery-
Toe nv cant Carter, Mr.. MacVeagh said
tbev were paid on lettings after adVertls-
ina. hence the profits of the contractors
we're not legitimate evidence against the
caicer in charge. Moreover, Ia many in
stances the prices paid were no higher
man those paid for similar service by 9TH
er officers in like cases.
After the Witnesses.
Mr.. Mcveagh criticised unsparingly the
witnesses called for the prosecution OF
carter as well as the action of the court
q, admitting much of the testimony de-
,l,,,,ncino much that was said as lies. OF
ono Of the witnesses he said he did not
comnlatn of his being a liar because he
vlas horn So" but of his being used by
col Barr and Capt Gillette after he was
proved to be liar
Another witness was represented as hav-
ing received the money on a check winch
r. had been charged went to Capt. Carter's
account. 49,, ~,
A third witness who had been called as
an expert engineer was represented as
having sworn that he did not know the
difference between cubic yard and
square yard.
Twenty Objections Made.
Summarizing, Mr.. McVeigh gave twenty
objections to the approval of the verdict
First. The tumble Of homogeneous
charges in contempt Of a fundamental and