The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-09-28
MAC VEAGH DEFENDS CARTER.
SAYS THE LAW STANDS ABOVE ALI.
COURTSMARTIAL.

4,nrd of the Rules Of Evidence and
the Constitution, False Witnesses
and an incompetent Court.
Washington, Sept. 27.-(SpeciaD D.-"Above
all courtsmartal stands the law"
This was the keynote of the lengthy and
for.ib.e argument which ex-Attorney Cen
eral Wayne MacVeagh made before At
tornoy General Griggs to-day in behalf
Of Capt Oberlin NJ. Carter of the Engl-
neer Corps, whose case is famous
Capt Garter is charged with having en-
tered into a conspiracy by which the gov
eument was defrauded out of $2,O 600.
lie was found guilty by courtmartial
more than two years ago, but, for one
reason or another, the sentence has never
been approved. At present, the case rests
before the Attorney General, who is charg-
ed by the President with deciding wheth-
er the action of the courtmartial shall
be sustained
Mr.. MacVeagh argued that the verdict
must be set aside. He presented no less
than twenty reasons to influence the At
torney Generals mind, the three principal
ones being that the indictment was a jun
bic Of incongruous and discordant charges,
that the statute of limitations had been
disresarded, and that the constitution, Su-
preme Court decisions and acts of Con-
gress relating to the admissibility of evil
dence had been dsregarded, to the pref
ulioe of the accused.
Once or twice during his argument he
asserted that there was not a jot or title
in the evidence to show that Capt. Carter
had ever entertained a thought of de-
i frauding the government, but this protest
4 Of innocence was by no means the main
foundation of the argument
LiI>ened to Dreyfus Case.
Quite frequently Mr. MacVeagh nkened
the prosecution of Capt. Carter to the
Dreyfus case, although there was no at
tempt TO prove that the evidence had been
forged or otherwise maiiciously prepared
and introduced TO compass Capt Carriers
4 conviction. The element of personal feel
i Ing was also noticeable, the officers accus-
i ers being characterized as his enemies
< While Capt. Gillette, the officer who dis
covered the alleged frauds was referred to
os incompetent and one who swore reck-
l5Ssy against this brother officer.
The argument which was delivered in the
office OF the Attorney General was public,
many prominent lawyers and some friends
ol Capt. Carter being present. Mr.. Mac
Neagh occupied a seat directly facing Mr.
Grgss and in front of an oil portrait of
himself, painted when ne was much
younger man than at present He held in
his hands printed brief, but referred to
8 1t only occasionally, speaking extempora-
neousv, and with much fuency and direct
ness. When desiring to emphasize point
4 he leaned forward, his hands resting upon
4 his lap and addressed himself to the At
torney General with an emphasis that was
4 intensely forcible
Several times Mr.. Griggs questioned him
4 upon matters of law. the inquiries being
1 frequently Of a combadve nature. al
4 although there was no intimatiOn that the
4 Attorney Generals mind was in any de-
4 gree biased in the matter.
Civil Law Superior.
4 In beginning his argument, Mr.. Mac
1 Neosh took occasion to deny with some
4 6speri,y the charges that he was to re-
\ ceive an eXorbiJant fee. He then insisted
thal the action of he President in
4 1erring he case to the Attorney General
4 was right and proper, and cited several
4 authorities TO prove that in England the
4 evil law was held superior to eourtsmar-
1 lial, while the Queen frequently reviewed
1 me action of military tribunals.
lie claimed that the charges of perjury
'heIl, conspiracy, embezZlement, ETC.
4 which comprised The Indictment could
4 not be combined, because under common
law a man cannot he tried Of The so,ra
lime for burglary and bieamy The dis
cfsarIv ba ory,,od T., o,,troi-o,tioy, Of
law ana I,itiatod r. nti, ,,,la,.lio,s
- -
"re Oh ffiNhte f"pefs'
he seizure of Capt. Carter's private pa
pers was condemned by Mr.. MacVeagh
IN unsparing terms the use of those pa
perS to the prejudice Of the accused being
described as illegal in the highest degree,
according TO the constitution. congressional
enaciment Supreme Court decisions and
military law as laid down by winthrop
The testimony of an expert named Car
Vaho was lFened 10 Inc employment Of
Berillon in the Drevfus case the latter
beng told that he was expected TO prove
tnat Dreyfus wrote the bordereau and
Caryalho receiving an intimation from Col.
Barr, The assistant judge advocate general,
regularfttos a., - T.. 1,,,,.,,, - L ,,-o,,I1