The times. [volume] (Richmond, Va.) 1890-1903, 1899-09-28
Saturated With Errors Of Law by the
Court Martial.
THE CHARGES NOT CONGRUOUS.
Quotes Many Statements Which He
Saws Are incorrect and Emanatcd
From the War Department,
Asks That the Case Bc
Tried Before a Civil
Tribunal.

WASHINGTON. Sept. -.-Auorney-Gen-
oral Gregs to-day gave a hearing 20 the
Hon. Wayne MacVoash counsel in the
courtmarthl case of Captain o. NJ. far-
ter of the army Mr.. MacNeagh asked
for a judicial hearing in the case. saying
that If the President affirmed the pro-
ceedings. he would be guilty Of am act Of
great cruelty ana wrong The record
was. he continued. so saturated with eI-
rors Of law. Cha, it is impossible in
country governed by law, TO affirm the
finding
Before proceeding with MS Argument
proper. he corrected what he designated as
erroneous reports concerning the case.
The first of these 10 which Ire gave ms
attention was statement that secretary
Alger had allowed the attorney for Carter
10 take away ana Keep possession OF the
record in the case. This. DE said, was
absolutely untrue. The counsel for me
accused had never seen The original record
and had received no tavors. IT was also
false that the Representatives OF captain
Carter bad importuned the President ~
the captain NDudli VII tNt N'lNlHt+ ,
The only pressure brought 10 bear upon
the President was from the other side for
the affirmation of the finding. . Tie reclteI
eleven instances Of what hc termed posi-
tive inventions retailed To- the correspond
cnts of the newspapers during the past
eehfcOn months So ncr or later he expect
cd 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 Secretary OF War TO signalizc h'f en-
trance upon his duties by posting this mo-
tice over the doors of two of the divisions
Of the departments 'No falsehoods shan
De- disseminated from this Office during
Office hours"
NOT UNANIMOUS.
Mt Nracveaph also denied that tho find
ing OF the court had been unanimous not
wishstandlng the War Deparu ent had so
stated. I'm asking that the courtmarual
verdict be set aside. Mr.. MacNeagh urged
the unftness Of such a court composed or
men unframed in the law 10 deal with
questions such as those involved IN this
case. The findings Of such court have
no validity and carry no weight. The
findings were based on a tumble OF incon-
eruOus and dlscordant charges ranging
from embezzlement and deceit TO charges
of conspiracy Of immense magnitude.
In reply % a question from the Attor-
ney General Mr. MacNeagh admitted
that no objections 90 the misiOinder OF
charges had been made i'm the court mar
tal. N1r Griggs suggested that the OBJ
lection should have been made at that
time adding that he was expressing no
opinion on the merits Of the points at IS
sue.
Continuing Mr. MacVeash said that only
q
a fair trial was asked and a fair tiai
could not he had upon such a collection
Of charges as had been made IN this case.
Mr.. MacNeagh also dWolt upon the point
that the charges were brought, notwith-
standing the statute Of limitations. lie
contended that "thc flagrant violation of
this act Of Congress was sufficient to
vitiate the proceedings" lie had no
doubt that Captain Carter was convicted
from the time he pleaded this statute be
fore the court. but this was done under
advice and was at least legitimate.
With reference 90 the checks issued by
Captain Carter Mr. MacNeaeh conlended
that he could not under the law have
avoided their issuance The same was
true Of every act performed by him IN
this connection. not one act was optional
Speaking of high prices paid for service
by Captain Garter, Mr.. MacNeagh said
they were paid on lettings after adver-
tsing hence the profits of the contrac-
tors were not legitimate evidence against
the officer in charge. Moreover I'm many
instances the prices paid were mo- higher
than those paid for similar service by
other officers in Ike cases
WITNESSES CRITICISED
Mr. NacNagh criticised unsparingly
the Witnesses calico for tho prosecution
OF Carter as wei as tha action Of the
court I'm admitting much of tie testimony,
denOunCing much that was said as lies.
OF one of the Witnesses he said he did /
not complain OF BIS being a liar because /
he was born So but of his being used /
bv Colonel Barr and Captain Gillette after /
he was proved TO be liar Another wit |
ness was represented as having received /
the money on a check which 10 had been I
charged went 20 Carters account A /
third witness who had been called as an \
expert engineer was represented as having I
sworn that DE did not know the difference F.
between cubic yard and "A square yard. /
Summarizing Mr MacNeagh gave twen-
~ objections % the approval OF the ver-
act as follows:
]. The tumble OF incongruous charges In
contempt OF fundamental and essential
principle OF Jurisprudence. making a lair
trial Impossible.
2 The incapactiy Of the court 10 obtain
any testimony except that voluntarily Of
fered
g. Such incapaciiy. which explains In
part why me opinions of q mere majority
Of officers ordered by the Secretary OF
War 20 Try particular ease. have in law
no force or effect whatever.
g. The contemptuous houting % the
lo3rd article OF war.
s The reading and rc-read.ng 0f wholly 7
Irrelevant specifications and checks FOR
the Sole purpose OF oiciudc.ug ttc minds
OF the officers OF the c0urt-martial
s. ln admitting evidence Of the rate OF
charges paid by tha contractors 90 negroes
FOR cutting and laying brush as evidence
that Captain Garter was guilty of con-
spiracy.
T. In declaring that the court was not
strictly bound By the rules OF evidence.
x In allowing Cooper 10 testify as 10
the contents OF written papers which were
easily accessible
D. In admitting the letter OF Cooper 10