The Topeka state journal., 1899-09-27
'VEAGH'S PLEA.
Counsel For Capt. Carter, Con-
Victed by COurtmartiaI
Of SWindling the Government
Out of a Large Sum,
is GIVEN A HEARING.
He Says the Judges We're Not
Competent.
Also Pleads the Statute of
Limitation.
is GIVEN A HEARING.

Washington, Sept. 27.-Attorney Gen
eraI Griggs today gave a hearing to
Wayne MacVeagh, counsel in the court
martial case of Captain o. M. Carter
of the army Mr. MacVeagh asked for
a judicial hearing in the case, saying
that if the president affirmed the pro-
ceedings he would be guilty of an act of
great cruelty and wrong.
The record was, he contended, so
saturated with errors of law that it is
impossible in a country governed by
law to affirm the finding. Before pro-
ceeding with his argument proper, he
corrected what he designated as erron-
eous reports concerning the case. The
first of these to which he gave his at
tentiOn was a statement that Secretary
Alger had allowed the attorney for
Captain Garter to take away and keep
possession OF the record in the case
This was, he said, absolutely untrue
The counsel for the accused had never
seen the original record and had re
ceived no favors. 1t was also false that
the representatives of Captain Carter
had importuned the president in the
captains behalf. On the contrary the
only pressure brought to bear upon the
president was from the other side, for
the affirmation of the finding.
He cited eleven instances of what he
termed positive inventions retailed to
the correspondents of the newspapers
during the past eighteen months. Soon
er or later he expected to reveal the
authors of these reports and expose
their motives and then to hold some
body responsible for proving their truth.
He had thought of asking the new sec
retary of war to signalize his entrance
upon his duties by posting this notice
over the doors of two of the divisions
of the department:
mo faIsehoods shall be disseminated
from this office during office hours"
Mr.. NacVeagh also denied that the
finding of the court had been unani-
nous Notwithstanding he said. the war
department had so stated In asking
that the court martial verdict be set
aside, Mr.. MacVeagh urged the unfit
ness of such a court, composed of men
unframed in the law to deal with Ques-
tiOns 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 jumble of in
cOngurous and diScOrdant charges, rang
ing from embeZzlement and deceit in
the smallest matters to charges of con-
spiracy of immense magnitude.
In reply to a question from the attOr-
ney general ,AIr. MacVeagh admitted
that no objection to the misjOinder of
charges had been made in the court
martial. Mr.. Gr1ggS suggested that the
objections should have been made at
that time. adding that he was express
ing no opinion upon the merits of the
points at issue. Continuing, Mr. Mac
Veagh said that only a fair trial was
asked and a fair trial could not be had
upon such a colIOcation of charges as
had been made in this case.
Mr.. MacVeagh also dwelt upon the
point that the charges were brought,
notwithstanding the statute of Hmita-
tions.
He contended that "the fragrant vio-
latiOn Of this act of congress was suff1-
cient to Vitiate the proceedings"
He had no doubt that Captain Carter
was convicted from the time he plead
ed this statute before the court, but
this was done under advice ard was
at least legitimate. With reference to
the checks issued by Captain Carter,
Mr. MacVeagh contended that he could
not under the law have avoided their
issuance The same was true of every
act performed by him in this cOnnec-
ton; not one act was optional. Speak
ing of the high prices paid for service
by Captain Carter, Mr.. MacVeagh said
they were paid on lettings after ad-
vertising; hence the profits of the con-
tractors were not legitimate evidence
against the officer in charge. More
over in many instances the prices paid
were no higher than those paid for sim
liar service by other officers in like
cases.