Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-09-02
AMERICAN MILITARY JUSTICE.
Importance of the Carter Court-M"r-
tiaI-EGect of McVengh's Brief.
Washington star-Independent Repubii-

(Washington Star-lndependent Kepuph-
CAM
The conflicting assertions with respect
TO the now famous Carter case have eff
fected a complete mystifcation. Hardly
anything in connection with the admins
tratlon has excited more criticism than
the course of the President in delaying
action for the further investigation OF
this matter before approving the findings
OF the court martial which convicted car
ter. Denunciatons Of Captain Carter
have been reiterated and reiterated month
after month, and both the President and
the Attorney-General have been severely
criticised the insinuation being thrown
out that they were being halted in plain
duty by powerful influences.
Until now there has been practically no
defence nor denial of the repeated accu-
sations, and it has been the very COM
mon belief here that there was some
thing essentially scandaous in the at
tempt TO protect Captain Carter from the
punishment which the court-martial SEN
fenced him to.
Now that McVeigh's brief presenting
Captain Carter's side OF the case has
been published. making a powerful de-
fence and discrediting the character OF
evidence upon which Captain Carter was
convicted, people who have taken Il for
granted all along that there should be no
question Of Carter's guilt are amazed.
1t looks as if there might develop a
question almost as complicated as French
military politics.
TWO DETERMINED FACTIONS.
There appear TO be two very determined
factions ready to make q protracted fight
over this case, If need be, and the integ-
rity OF general court-martial proceedings
is assaied I'm the defence OF Captain
Carter. What there is behind the case,
and what is the eight and justice of it,
are things that can be known only TO the
persons having all the evidence and the
officials making the investigation, but 1t
is felt I'm army circles that If II can be
shown that Captain Carter has been i'm
properly convicted, and the claims set
forth by his attorneys are substantiated,
that military justice will be thoroughly
discredited, and that courts-maTtial will
be hereafter looked upon as incompetent
TO deal with such questions as that pre-
scented I'm the Carter case, and that the
whole code Of military justice VIII be
brought into contempt.
MILITARY COURTS CRITICISED.
There Is no indication that in the army
circles here there f. any disposition TO
sacrifice justice In order to preserve the
dignity aud character of courts-martial,
but there is a feeling that the finding OF
the court should not be overturned, UNI
less IL is shown beyond question that the
finding was improper, and that II such
state Of facts should be discovered. IL IS
believed tina. the result will be practically
10 render courts-martial OF little value.
The criticisms Of cOurts-martlal in the
past have been on the score Of tendency
Oh the part Of army officers serving on a
court 70 deal too leniently with the ac-
cused fellow-ofiicer. This criticism was
passed upon the court-martial which tried
General Swayne, and upon the court
which tried Major Lydecker In connection
with the defective work on the Washing
ton aqueduct tunnel two cases which
have been most talked about.
The easy escape of General Eagan IL a
matter Of recent history, but that was q
matter Of Executive clemency The idea
Of a court-martial being unJustly severe
upon an officer of the army is not one
that has geen generally entertained.
ACTION OF THE PRESIDENT.
The Carter case is one Of such universal
notorlety that 1t is not believed that any
action will be taken in IL by the Presi-
dent which cannot be justified at every
point whether the result IS 20 the benefit
Of or to the condemnation OF Captain
Carter.
Captain Carter has been able 10 make
very remarkable fight In his own de-
fence. and it IS not believed that there Is
any possibility OF injustice being done him
by whatever action the President decides
upon, and IL may be depended upon with
certainty that the officers Of the court
which convicted him will fight to main
tain their own regulations and the in
tegrty OF courts-martial with sufficient
determination to prevent stigma being
| thrown upon the court If rot deserved.
The case has assumed a character which
| involves the reputation of military courts
| and the dignity and character or the
army, which the President Is necessarily
bound 10 support to the extent that JUS
J tice admits or
DISPOSITION OF THE CASE.
Attorney General Griggs is expected 10
return to Washington next week, and II
IS thought that the matter will be dis
posed Of soon after
OF course, the contention Of Captain
| Carteg's counsel is not accepted by those
who, being familiar with the case, insist
loon Captain Carter's guilt, but there Is
| n very general belief that the President
was thoroughly justified in having care
| ful examination MADE into the case upon
such claims as Mr. McVeagh sets forth IN
| mis- brief
IL is felt that the broad character OF
the claims set up in behalf OF Carter Is a
| justification OF the Presidents course VI
| 10 this time, though the investigation M
| he's ordered should fully sustain the ac-
t.cn OF the court-martial. II Is felt that
| the President could not have refused e
! Investigate the claims Set forth by Tho
defence. even II he did not have faith II
! these claims being sustained.