The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-10-06
RELIEVES CARTER is GUILTY.
,rroRNEY GENERAL HAS REACH
ED THAT CONCLUSION.

Do,,isiou Based Largely on Car
.cr's Failure to show Where
Ale Got His Moncy-WescOtt
was the Missing witness, Who
If II. Could Have Substan-
,iatcd Cnrter's Statements, Might
Have Cleared Him. From the
Charges.
Washington, Oct. 5.-The opinion of At
torDev General Grisgs in the case of Capt.
@ NJ Carter of The army, upon which the
President approved the finding of the
cogrtmar,ial, was made public to-day
After dismissiug certain of the minor
cnsrges as unpr0ven, The Attorney Gener-
al iakes up the more serious questions in
vo,yed first considering the objection that
the charges upon which Capt. Carter was
tolni guilty we're incongruous.
He says that unlike the ordinary crimi-
nal procedure, The military usage and pro-
cedure permit of an indefinite number of
offenses Icing charged and adjudicated
toge her in one and the same proceeding.
1T is not nece essary," he says, ito discuss
whether this practice is wise, or whether
j, is prejudiciaf to the rights of the ac-
cused. 1t appears to be established by
long continued practice, and so far as
am able, upon Investigation, TO discover,
without previous challenge
But even If this objection We're well
founded the Attorney General says, he
does not think the accused should be al
lowed 10 await himself of the objection
now because he proceeded to trial without
objection 10 this al eyed misjoinder and
permitted the court to enler on an invesh-
cation Of all of the different specifica-
lions. and himself brought forward his
defense as 10 each Of them. The objection
should have been promptly taken to be
made available.
statue of Limitation.
The objection concerning the admission
Of evidence barred by the statute of linn
Nations is disposed of by saying that this
evidence was not offered "for the purpose
Of proving against the accused the partic-
ular offense as to which he had interposed
this protective plea, nor of having him
declared guilty thereof, but for the pur-
pose u showing the relation between the
\ accused and the other alleged conspirato tors.
n The intent and motive of the accused and
the other alleged conspirators, and their
course aud conduct with reference to mat
iers OF nature similar to those, and in
many respects connected with those. in
VOWED in the transactions under trial"
Fer this purpose he thinks the evidence
vas admissible
Olher objections relating TO the admis-
sion OF evidence Of converse tfons and acts
oi the alleged co-conspirators antedating
Inc lime of the particular conspiracy
charged he also thinks were admissible.
referring to the seizure of the private
papers Of Capt. Carter Mr.. Griggs SAYS
me 1aets do not show that the seizure was
unreasonable. and that Carter practically
consented to The use made of the papers.
ne !oinJ is made in this connection that
sNeA IN the absence of such consent ii
was not incompetent to offer the papers
0s evidence
Inc use of letter written by the Wit
i5SS cooper to Capt. Gillette, is condemn
H'. OH II is argued that the letter did not
4.Je t,J1Ie arter The Attorney General also
lual the court did not err in refusing
Il aunt certain evidence Offered by Car
+ ,er including the letter of his father-in-
'a"' Mr. R. F. Wescott.
As to the Main Charges.
r,. IaIs brings the inquiry into the investi-
l''ou OF the main charges upon which
s1e cohVl tlon was rased Summing up
80 Oh The specifications. incfuding Cant.
- intimacy with Green and the
Il Inc method of advertising for
ne "o'k and of ietting the contracts, the
l9i'e tsr of the Atlantic Contracting Com
1uy' the large profits made on the con-
L. &, the Attorney General says
Ii 1HeS might justly be considered as
%'nHS 10 fix upon the accused criminal
I k,hoWeige and purpose to defraud tba
1iHl"ehI II ii Were shown that he had
4 e9lIupt personal motive, that he had
r. i'u'ed by these loose methods and
81 a. Ia ana questionable proceedings,
4 ~ uSn proceeds to the investigation of
i,ee motives. He shows tba in 1871 the
hi " ~ "a arY was only $252 per month,
i mai ''1t l'om that time forward his per-
Il ein,. "a "a @Pgualturas Increased very rapidly,
- F'Otf IN 1891, and S29611 in 1896
r. l'el Is also pointed out that in 1892
i no. o"Iler began to make notably large
a. win the Union Trust Company Of
- lofh, and also to buv Investment
4 i 'Dts these increasing until 1Sg5 when
"o-dIhgs had increased to a marker
1ue Of Sl630OO. ma re
Il ~ NIIsss does not accept Can't. Car
H. '@ilanation that he was dealing in
Iathsr d., -' anu Wstn the funds of his
fea.nic,IH. Mr.. Westcott and was the
oI large presents frdm him.
An Improbable story.
innr,s Tn .9e face of it, it is" he says. "an
h., ISao'e story, and It was incumbent
i 6,. nin ln Tor his own protection 10 sustain
sno.I.il I'l attainable testimony"
4 1rpe, paAtns u further on this point. The At
I,fy General says: 'Ne Az
xone , n,.s " esteott, the alleged Conor. had
Il tei M p1h the witness stand and corrobgr.
4 ,fo,, t,'e story, il would probably have been
4trde{ out he did not come. II il CON
II est,[ on behalf of Capt. Carter that
d ro,' was. at the time of the tria; IN
i per,.,." "lth a sick daughter. ard was in
Il y u5 state himself, so that he nafur-
Aous,5 'h u'h from the annoyance ana
n mle, No. winch he would be subjected bv
N bat7 nome to testify in his so6-ir-lavV,s
81 m' ne evidence as to the il-beaTtb
II Npsr.o 'ughter, ard his condition Of ner-
II egalS ls very sparse, and cannot ba
n esf.o,tS sd Sdiislactory. The letter which Mr.
i11i sent to Capt. Carter, wherein he |
~. 10 appear before the board ~ IN
II flssi N tAe fan Of 1897, does NOT ppt b's
n her WI either OF these grounds. but |
was upon the ground that his testirno- |
n q, bor OuiP3orlant and coald be suppliel |