The times. [volume] (Richmond, Va.) 1890-1903, 1899-10-06
Several Objections to Evidence Should
Have Been Made Sooner,
SPENT MONEY TOO FREELY.
The Attoney-General Rejects His Ex-
pIanation that IL Was Furnished
by HIS Father-in- Law - Car
tcr's Private Papers Were
Seized with His knOwl-
edge and Consent.

WASHINGTON, October 5.-Thc opinion
of Attorney General Grigss In the case
OF Captain Oberlin NJ Carter Of the
army, upon which the President approved
the finding Of the court martial, was
made public to-day
After dismissing several OF the minor
charges Us unproven. the Attorney-Gener-
al takes up the more serious questions
involved, first considering the objection
that the charges upon which Captain
Garter was found guilty were incongru-
Gus. He says that, unlike the ordinary
criminal procedure, the military usage
and procedure permit Of an indefinite
number OF offenses being charged and
adjudicated together in one and the same
thing.
1t is not necessary" he says, TO dis
cuss whether this practice is wise, or
whether it Is prejudlclal to the rights OF
the accused. IL appears to be established
by long continued practice and. so far
as | am able on Investigation 10 discover
without previ0s challenge" But il well
founded, the Attorney-General SAYS he
does not think the accused should be- al
lowed to avail himself of the objection
now, because he proceeded 10 trial with
out objection to this alleged missioner.
and permitted the court 10 enter all Of
the specifications, and himself brought
forward his defence TO each OF them. The
c0Iection should have been promptly
taken TO be made available
ITS OBJECT
The objection concerning the admission Of
evidence barred by the statute Of limita-
tions is disposed by saying that this evil
dence was not offered "f0r The purpose
OF proving against the accused the par
ticular offense as 10 which he had inter-
posed this protective plea, nor OF having
him declared guilty thereof. but for the
purpose OF showing the relation between
the accused and the other alleged con-
spirat0rs. the intent and motive OF the
accused and the other alleged conspira-
tors. and their course and conduct with
reference to matters of a nature similar
10 those and i'm many respects connected
with those. involved I'm the transaction
under trial"
For this purpose he thinks the evidence
was admissible
other objections relating TO the adms
sion Of evidence of conversations and
acts of alleged co-conspirators antedat-
ing the time OF the particular conspiracy
charged. he also thinks were admissible.
Referring TO the seizure OF the private
papers OF Captain Carter Mr.. Grig9s
says that the facts do not show that the
seizure was unreasonable. ana Carter es-
pecially consented 10 the use made Of fhe
papers. The point is made in this con-
necti0n that even i'm the absence Of such
consent. It was not incompetent TO offer
the papers as evidence. The use of
letter written by the witness Cooper 10
Captain Gillette Is condemned. bat u Is
argued that the letter did not injure
Carter.
The Attorney General also finds that the
court did not err I'm refusing evidence Of
fered by Carter. including the letter OF
his father-in-law. NJ. +. Westcott This
brings the inquiry TO the evidence in the
main charges on which the objection was
made
Summing up many Of the specifications
including Captain Carter's intimacy with
Greene and the Gaynors, the method OF
advertising for the work and of letting
iautic Contracting Company, the large
profits made on the contracts. etc, the
Attorney General says that they might
Justly be considered as failing 10 fix upon
the accused criminal knowledge and pur-
pose 10 Gefraud the government If IL
were shown that he had no corrupt per-
sonal motive. that ne had not protited by
these loose methods and irregular and
questionable proceedings.
HE LIVED HIGH
lie then proceeds 10 the investigation
OF these motives. He shows that in 1891
the Captains salary was only S2j2 per
month. ana that from that time forward
His personal expenditures increased very
rapidly. being s6O47 In 1891, and s29,Gll in
1896 The fact is also pointed out that
In 1892 Captain Carter began 10 make
notably large deposits with the Union
Trust Company Of New York, and also
10 buy investment securities. these in
creasing until 1885, when his holdings had
Increased 10 q market value OF S463 coo.
Mir Griggs does not accept Captain Car
teTs explanation that he was dealing IN
tie securities and with the funds OF his
Mr. Westcott, and was the
recipient Of large presents from him.
"On the face Of il. IL is" he says, IAN
improbable story. and 1t was incumbent
upon MIN lot MS own piOttcllOu 10 SuS-
tain II by all attsinable testimony"
Speaking further OH this point the At
torney-General says:
If Mr.. Wescott. the alleged donor had
come upon the witness stand and cor
roDOrated the story il would probably
have been sufficient. but he did not come
1t Is contended on behalf OF Captain
Carter. that Wescott was, at the time
of the trial. in Europe with sick daugh-
ter. and was In a nervous stlte himself
so that he naturally shrunk from the an
noyance and trouble to which he would
be subjected by coming home 10 testify
In his son-in-law's behalf. The evidence
as TO the ill-health OF his daughter. ana
his own condition Of nervousness Is
very sparse and cannot be deemed satis-
Factory. The letter which Mr. Wescott
sent to Captain Carter, wherein he de-
ci.red to appear before the Board OF In
ouiry In 1897. does not put his refusal upon
either OF these grounds. but rather upon
the ground that his testimony was unim-
and could be supplied In other
ways.
SLOW TO AID HIM.
IL