Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-10-06
The .I Attorney General on the More
Serious Questions Involved.
THE SEIZURE OF PAPERS
Tho Chicr LAW Omccr of tho Unitod
stnics Di,poses OF tho ObIcction.
Isaiscdi In tho Cond cmncd Omeer's
Hschnir ana Jus,IHos tho Findings
of tho court-Mnr,inI-A Deiin-
quontFathor-in-hn
tpy relegraph to NEUTRALITY-SUSPICIOUS.

Washington, ID. c., Oct. 5.-The opln-
ion Of Attorney General Griggs in the
case OF CaEtuin Oberin NJ. Carter, of
the army, upon which the President ap-
proved the findings of the court-martial,
K was made public to-day. After dis
missing certain OF the minor charges
as unproven. the Attorney General
takes up the more serious questions in
volved. first considering the objection
that the charges upon which Captain
Carter was found guilty were incon-
gruous. lie says that unlike the ordi-
nary criminal procedure tho military
usage and procedure permit of an in
definite number OF offences being
charged and adjudicnted together in
one and the same proceeding.
1T is not necessary" he says, ito
discuss whether this practice is wise,
or whether it Is prejudical to the rights
of the accused. II appears to be estab-
lshed by long continued practice, and,
so far as j am able on investigation to
discover. without previous challange"
OBJECTION TOO Late.
But even IL this objection were well
founded. the Attorney General says he
idoes not think the accused should be
allowed to avail himself of the objec-
jtion now, because he proceeded to trial
without objection to this alleged mis-
S1oinder, and permitted the court to
lenter on an Investigation of all OF the
( different specifications and himself
q brought forward his defese as to each
bf them. The, objection should have
lpeen promptly taken to be mnde ayGlln-
Die. The objection concerning the ad-
lhtssion OF evidence barred by the
Statute Of limitations is disposed OF by
saying that this evidence was not offer
ed FOR tho purpose of proving against
the accused the particular offense as
ito which he had interDosed this pro
Elective plea, nor Of having him declared
lguilty thereof, but for the purposoof
showing the relation between the ac-
cuScd and the other alleged conspira-
TORS. the intent and motive OF the ac-
lcused and the conduct with reference
to matters of n nature similar to those,
I and in many respects connected with
! those. involved in the transaction under
trial. For this purpose he thinks the
evidence was admissible.
Other objections relating to the adj
mission OF evidence OF conversations
and acts Of the alleged co-conspirators
antedating the time of the particular
conspiracy charged, he also thinks
were admissible.
SEIZURE OF PAPERS.
Referring TO the seizure of the pri-
waite papers of Captain Carter Mr.
Griggs says the facts do not show that
the seizure was unreasonable. and that
Carter practically consented to the
Use made of the papers. The point Is
made in this connection that even III
the absence of such consent 1t was not
incompetent to offer the papers as ev-
idence. The use of n letter written by
the witness Coor to Captain Gillette
is condemned. but it is argued that the
letter did not iniure Carter The At
torney-Ge also finds THAT the court
did not err in refusing TO admit GER
tain evidence offered by Carter, includ-
Ing the letter of his father-in-law, Mr..
/, r. T.. Wostcott.
THE MAIN CHARGES.
This brings inquiry to the nvestiga-
ton of the main charges upon which
= the conviction was based. Summing
e up many of the specifications, including
Captain Carriers intimacy with Greene
and the Gaynors. the method of adj
vertising for the work and of letting
the contracts, the character OF the At
lantic Contracting Company, the large
profits made on the contracts ETC., the
Attorney-Genera saya that they might
justly be considered as falling to fix up
on the accused criminal knowledge and
purpose to defraud the Government if
1T were shown that he had no corrupt
4. personal motive, that he had not profit
ed by these loose methods and irregular
and questionable proceedings.
tss INVESTIGATION OF CHARGES.
He then proceeds TO the investigation
of these motives. He shows that In
1891 the Captains salary was only $252
per month, and that from that time
forward his personal expenditures in
creased very rapidly, being s6,047 in
1891 and $29,611 In 1906 The fact Is also
pointed out that in 1892 Captain Car
I; ter began to make notably large de-
posits with the Union Trust Company,
of New York, and also to buy invest :
ment securities. these increasing until
1895, when his holdings had Increased
to n market value Of s469.000
Mr.. Griggs does not accept Captain
Carriers explanation that he was deal
Ing in the securities and with the funds
of his father-in-law; Mr.. Westcott.
and was the recipient of large presents
from him.
con the face of it 1t Isl" he says, ian
3 improbable story, and it was incum-
bent upon him for his own protection
to sustain ii by oil attainable testi-
4 mony.' 5
# Speaking further on this point, the
& Acknowledgement says:
A DELINQUENT WITNESS.
%E.1f Mr.. Westcott, the alleged donor,
Z had come upon the witness-stand and
s corroborated the story, 1t would pro-
Z, hably have been sufficient, but he did
/, not come. II is commended, on behalf of
Isl Captain Carter, that Westcott was at
I the time Of the trial. In Europe with a