The evening times., 1899-08-22

The reply of Colonel Thomas F. Barr to
the claims of the counsel for Captain ober-
lin NJ. Carter, as published this morning,
meets with an equally emphatic response
from the attorneys for the accused
In the brief filed by Wayne Mcveagh and
Attorneys Walter G. Charlton, Frank P.
Blair, Abram ]. Rose and William W. Mac
Kali, Colonel Barr Is accused of over-zeal-
BUSINESS in his defence OF the members OF
the court-martial that tried Captain Carter.
In one part of the brief they say: ITO what
depths has vindictive rage sunk this mill
tary lawyer" and in referring to his charge
that he supposed Catain Carter was or
derad" away from Savannah they add:
The falsity of the statement Is the least Of
his offending
Replying to his defence of the members of
the court the brief says: Certainly the
Justices Of the Supreme Court Of the United
States would not consider it an imputation
upon their learning to say of them that
they are not learned theologians nor ac.
complished anatomists We are quite con-
fident that General Otis who has served con-
tinuously in our army for thirty-seyen
years would scarcely be injudicious enough
to claim at this period of his career that
he is trained lawyer
In concluding the attorneys say: Zeal
Tor client Is a prerequisite to continue
success in the practice, but all lawyers
recognize the fact that that quality must
be bounded by truth. Especially is this
true in the preparation of printed matter
IN ha re- for
may be excused in the haste and heat Of
jury speeches. In this case, however. the
address Of Colonel Barr was read from
typewriter pages. prepared beforehand
How well he has tempered zeal with truth
has been noted at the end
Then after reviewing certain details of
alleged Misrepresentation it Is added ::
Nearly all of those and many other
equally erroneous statements were made
to the court-martial in Colonel Bars
closing address, and his was the last
speech heard by the court before it re-
tired to deliberate on its verdict. The
record contained five thousand pages, the
exhibits numbered nearly six hundred.
and this man was an officer of high rank
and thirty-three years service. the legal
adviser of the court, addressing brother
ofhcerS. They had right to believe him
honest and impartial. for such are the ira
dluons OF the service. Is it any wonder
then, that, innocent though he be. Cap
tain Carter was convicted?"
1t is charged by Captain Carter's coun-
sci that Colonel Barr refused to believe
any of the witnesses except those who
testified against the accused. The brief has
this to say on that question: 1T made no
difference that some were called by the
prosecution; if their testimony did not burt
Captain Carter or was distinctly favorable
to him it was enough TO damn them.
The contractors foremen were, of
with a sneer.
But Austin. former soldier in the Sew
enth Cavalry, who had received a medal
for distinguished bravery under fire at
Wounded Knee. afterward captain of
volunteers during our war with Spain;
surely he was spared. By no means Aus
tin was branded as a spy, dishonest, and a
perjurer.
But the most prominent characters
tic Of this military lawyer. as shown by his
spoken and printed words in this case is
his vindictiveness, displayed on every page
in almost every paragraph. Captain Car
ter and Captain Greene! The very mention
OF their names throws him into fury and
in the midst of some dry discussion Of fas-
cineS, mattresses, or specific gravity
causes him to flame out in personal abuse
So binding in his rage. that evidence
common sense. reason, all give place to
denunciation. And this is the impartial
spirit which all the books concur in say
ing should characterize the methods OF a
Judge advocate of a court martial"