The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-28
CAPT. CARRIERS DEFENCE.
WAIVE MACTEAGH'S ARGUMENT FOR
TINE CONVICTED OFFICER.


Its Action Was Just Iikc That of the
Dreyfus JudgeS-IileGnl Evidence Adj
mittcd and Other Evidence Excluded.
wAsnINoToN. Sept. 27.-Wnyne Macveagh.
counsel for Capt. Oberln NJ. Carter. Corps OF
Engineer, L. s. A.. convicted by court m artial
OF defraudnE the Government while in charge
OF harbor improvements at Savannah. appear d
before the Attorney-General this morning TO
present additional arguments In behalf OF the
accused officer. Mr.. Macveagh devoted his
whole time to an effort to show that certain
evidence presented to the court martial was
irregularly admitted and that other evidence
which should have been considered was not
allowed.
At tho very beginning Of his speech Mr.. Mac
Neagh made fierce attack on the military
court-martial that tried Carter. and on two
bureaus OF the War Department which he did
not name. but were understood to be the En-
gineers aud Judge Advocates departments.
Soon after the present Secretary OF War
came into office" said Mr. MacVeagh, IL con-
sidered the idea OF addressing to him q polite
Letter suggesting that he post in largo letters
over the doors of two Of tho bureaus OF his de-
partment an order that no lies should be given
out from those offices to newspaper men dur
ing offlce hours"
He then declared that the publication Of
SANDERS against Capt Carter. because repre-
sentativss OF the press were misled by false
hoods promulgated as official facts by officers
OF the War Department had been simply scan
dalous. He discussed a number OF these
alleged falsehoods in detail. and from that dis
oussion went on to say that many lying state
ments had been published about his own
remarks as Capt. Carter's counsel. He denied.
for instance. that he had ever COMPARED tho
Carter case to the Dreyfus case
Mr.. MacNeagh passed on To a scathnG criti-
cism Of the Carter court-martal He charged
that the court had proceeded from beginning
to end in the grossest violation Of legal require
ments and usaRes. He referred to the manner
OF prosecuting Carter as "a tumble" Of charges
and testimony. and said:
III n civil court tries the veriest tramp, II
cannot prosecute him on the separate charges
OF vaRrancy. burglary and bGamy all at once
but must proceed to try him on ono charge
at time. Yet the trial OF Capt. Carter was
conducted in the Erossest violation OF this sim
pie rule"
Mr. MacNeaGh spoke OF Capt. Carriers plea,
made eurly in the trial. otthe statute OF lmita-
ton. which poa was dsalOwed by the court
martial. The plea was entered by Carter he
said not because he regarded it as necessary
In order to escape conviction but under advice
OF his legal advisers. who said that it would
avoid n long and extremely tedious trial and
the injection q the officers private affairs into
the hearingssfrom the momen tCarter entered
this plea. Mr.. S1acNeagh said dramatically. he
lost his case. 1t preJudiced the member OF the
courtmartial againns him. and he was then
and there pre- Judged to be guilty.
AS to the contract price fixed for work at
Savannah. Mr.. MacNeagh said that letters
written subsequent to the trial by dstin-
Ruished engineer officers OF the army. a. well
as some testimony at the court martial.showod
that ~ cents per square yard for mattresses
was not n high price. The Government prices
for such work on the Atlantic and Gulf coasts
averaged more than 81. Contracts were let for
work under the supervision OF such officers as
Col. Peter c. Haines at more than 81 per square
yard.
Mr.. NacNeagh read the written testimony Of
several engineers. in and out OF the army. in
favor OF Carter. One IT these declared that Car
ter was not only innocent. but that he had cen
Quoted the work so ably that he had saved at
least 81 100000 to the Government. Some OF
these letters were written very recently and
one o. them within a week.
A recess was taken at O'Clock and the hear
ing continued an hour later Mr. MacVeach
several times durin & the afternoon unsparingly
denounce! the methods OF procedure Of the
court-martial and attempted to show that II
any ono OF several points OF illegal evidence
had been excluded Capt. Carter could never
have been convicted. Among instances of
alleged Illegal evidence he referred to a letter
written by Cooper to his partner in the pros
ccution, Capt. Gillette. on Aug. I. 1891. This
letter was admitted in evidence against Capt
Carter. although it was simply a communication
between two members OF the prosecution in
the case and was written year 81 bseuuent to
the latest overt act in the alleged conspiracy
OF 1886.
Mr.. MacVeagh answered the criticism made
byCnrter's enemies and sustained by the court
martha! that only twenty-five days had bsen
allowed between tho issue of the ADVERTISE
ment for bids and the awarding OF the contract;
He showed that Carter had saved two days BY
telegraphnR from Washington to have the adj
vertsement issued at Savannah. instead Of
writing a letter as he might have done More
over. Mr. MacNeash said that the prosecutors in
the Carter case had in their possession all the
time written proof that in forty-nine instances
In the history Of the country. the average time
between the advertising for bids and letting of
contracts was the same as Capt Carter al
Mr.. Maevcagh paid particular attention 70 the
declarations OF the court-mart al that itsGelb
creations wtro not subject to the rules OF evil
dence which o5ta In IN civil! courts In doing
he sharae,e,IZeh the memhsrs Of the court,
like the Judges in the Dreylus rial"
In conclusion Mr.. MacNeagh summed up the
objections OF Capt. Carter's counsel 10 the pro-
ceedinRs Of the court-martlal Ivy citing twenty
errors which he regarded as vital from n legal
standpoint. Among thes" was the incnpscty
OF the court TO summon any except volunteer
witnesses allowing them to answer what they
chose. and only what they chose: the nouting
by the court OF the 1O:5d article OF war. lust as
the Dreyfus judges fioutcd the findings OF the
Court OF Cessation refusal 10 be bound by
the rules OF evidence: admitting no reference
TO the case in hand Of he statute OF limitation:
exami ma ion OF tho private papers OF Carter:
the so-called expert in handwriting. and
tho allowance Of testimony from persona ns
witnesses whom Co. Barr thought in the capa-