The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-09-28

| case. The first of these to which he
gave his attention was a statement
that Secretary Alger had allowed the
attorney for Captain Carter to take
away and keep possession of the rec
| ord in the case. This was. he said alb
solutely untrue The counsel for the
accused had never seen the original
record and had received no favors.
1t was also false that the represent
atives of Captain Carter had impor-
tuned the president in the captains be-
half On the contrary, the only pres
sure brought to bear upon the presi-
| dent was from the other side for the
| affirmation of the finding. He recited
| eleven instances of what he termed pos
tive inventions retailed to the CORES
pondents of the newspapers during the
past eighteen months.
Will Brave Exposure.
Sooner or later he expected to reveal
the authors of these reports, and ex-
pose their motives, and then to hold
somebody responsible for proving their
truth. He had thought of asking the
new secretary to signalize his entrance
upon his duties by posting this notice
over the door of two of the divisions of
the department, No falsehoods shall
be disseminated from this office during
office hours"
Mr.. MacVeagh also denied that the
finding of the court had been unani-
nous, notwithstanding he said, that
the war department had so stated. In
asking that the courtmartial verdict be
set aside, Mr.. MacVeagh urged the UNI I
fitness of such a 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 |
findings were based on a tumble of in I
congruous and discordant charges, |
ranging from embezzlement and deceit .
in the smallest matters to charges of
conspiracy of immense magnitude.
In reply to a question from the at
torney general, Mr.. MacVeagh admitted
that no objection to the misjoinder of
charges had been made from the court
Mr.. Griggs suggested that the
objection should have been made at
that time, adding that he was express.
ing no opinion upon the merits of the
points at ISSUE
Wants Only Fair Trial.
Continuing. Mr.. Macveagh said that
only a fair trial was asked. and fair
trial could not be had upon such Il
collection of charges as had been made
in this case. Mr.. MaeVeagh dwelt
upon the point that the charges were
brought Notwithstanding the statute of
limitations.
He contended that "the fragrant vio-
alton of this act of congress was suffi-
lent to vitiate the proceedings" He
lad no doubt that Captain Carter was
onvicted from the time he pleaded this
before the court. but this was {
one under advice and was at least
egitimate. !
With reference to the checks issued
Y Captain Carter, Mr.. MacYeagh con-
ended that he could not under the law
ave avoided their issuance. The same
ras true of every act performed by
i'm in this connection. Not one act !
as optional {
Speaking of the high price for SER
ices paid by Captain Carter, Mr.. Mac
eagh said they were paid on lettings
fter advertising: hence the profits of .
ne contractors were not legitimate evil e
ence against the officer in charge. 0
in many instances the prices
aid were no higher than those paid for u
milar service by other officers in like il
Asses.
Criticises Witnesses. I
Mr.. Macveagh criticized unsparingly a
lie witnesses called for the prosecution W
Carter as well as the action of the b
lurt in admitting much of the testi- d
much that was said 81
; lies. One of the witnesses, he said,
d not complain of his being liar, b
because he was born so,'' but of his g
ling used by Colonel Barr and Cap ST
in Gillette after he was proved to be
liar. Another witness was represent h;
as having received the money on a /
leck which, it is charged, went to Il
arter's account. A third witness who
I'd been called as an expert engineer, p'
as represented as having sworn that II
did not know the difference between m
cubic yard and a square yard. 81
Mr.. MacVeagn closed with a very st
rnest appeal for q judicial hearing Of
{ case, dwelling at length upon the ~
sjesty OF the law and appealing to tn
torney General Griggs as a lawyer fe
d jurist TO accept his view of the te
Sc and counsel the president to pre- ar
ut the affirmation of the verdict of &c
e couftmartial. w
bl
Vice Versa. be