The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-10-10
THE CARTER COURT MARTIAL.
OPINION OF THE ATTORNEY GENERAL
ON THE FINDINGS.
He Confines Himself Chiefly to Defend
ants Objections to Multiplicity of
Charges and Plea of the. Statute of
Limitations-Some Very Suspicious
circumstances Commented Upon.

washington, October 5.-The opinion
Of Attorney General Griggs, in the case
of Captain o. NJ. Carter, Of the army
upon which the president approved the
finding of the court-martial, was made
public today. After dismissing certain
of the minor charges as unproVen the
attorney general takes up the more Sc
rious questions involved, first consider
ing the objection that the charges upon
which Captain Carter was found guilty
were incongruous. He say that, I'M
like the ordinary criminal procedure,
the military usage and procedure per-
nit of an Indefinite number of offences
being charged and adjudicated together
in one and the same proceeding. 1T Is
not necessary" he says, Ito discuss
whether his practice is wise, or wheth-
it is prejudicial to the rights of the ac-
cused. 1t appears to be established
by long continued practice, and, so far
as 1 am able, On investigation, to dis
cover, without previous challenge"
But ever If this objection were well
founded, the attorney general says he
does not think the accused should be
allowed to avail himself of the objec-
ton now, because he proceeded to trial
without objection to this alleged mis-
joinder, and permitted the court to
enter on an investigation of all of the
different specifications, n himself
brought forward his defense as to each
of them. The objection should nave
been promptly taken to be made avail
able.
The objection concerning the admis-
sion of evidence barred by the statutes
of limitations is disposed of by saying
thai this evidence was not offered
for the purpose of proving against the
accused the particular offense as to
which he had interposed this protective
plea, nor of having him declared gull
ty thereof, but for the purpose of show
ing the relation between the accused
and the other alleged c~onspirators, the
intent and motive of the accuSed and
the other alleged c~onspirators, and
their course and conduct with refer
ence to matters of a nature similar to
those, and in many respects connected
with those, involved in the transaction
under trial" For this purpose he
thinks the evidence was admissible.
Other objections relating to the ad-
mission of evidence of conversations
and acts of the alleged co-conspirators
antedating the time Of the particular
conspiracy charged, he also thinks were
admissible.
Referring to the seizure of h pr
vate papers of Captain Carter, Mr..
Griggs says the facts 10 not show that
the seizure was unreasonable and that
Carter practically consented to the use
made of the papers. The point is made
in this connection that ever in the
absence of such consent it was not in
competent to offer the papers as evil
dence. The use of a letter written by
the witness COOper to Captain Gillette
is condemned, but it is argued that he
letter did not injure Carter.
The attorney general shows by an
analysis of Captain Carriers testimony
that in his dealings With his father-in-
law he rendered strict account to that
gentleman, and that Carriers funds in
the Union Trust Company were in ex-
cess of those of Mr.. Wescott during the
entire time that he had control of the
latter'S affairs.
1.-THE testimony" he adds, "does MOI
strike me as that of a man possessed
of a clear idea of the truth and de-
termined to. tell it. but rather , as u
clever evasion of one who is endeavor-
ing artfully to account for~the possess
sion of the moneys derived from some
other source
Mr.. GriggS also mentions other cir
cumstances which he p~ronounces sus-
piciouS, including the fact that many
of the checks paid to the contractors
were collected in cash over the coun-
ter at the s~ub-treasury, and the cir
CulIioIdIiCC lIloA SdI was plCoCllL Ia
New York on July 6, 1897, when the
large checks were delivered to Gaynor
on that date, and that he was on man,
other occasions from 1892 to 1897, pres
emit in New York when payments were
made to the contractors. He presents
a statement showing the deposits of
currency made by Captain Carter
simultaneously with the cashing of
checks given to the contractors in New
York.
On another point the attorney general
says: "Carter's statement of the gold
certificates contained in Mr.. Wescott's
safe-deposit box, to the amount of
over $100, 900, is such an extraordinary
story, and so inconsistent with the
methods of a business man, such as
Mr.. Wescott is testified to be, that it
staggers credulity. If that money was
there in a box to which Captain Car
ter a access, it is more probable that
he put it there, using this means to
withhold temporarily from his own
bank account large sums which he had
received from other sources.
A Frfghtful Blunder
Will often cause a. horrible Burn,