Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-08-24
THE CASE OF CAPT. CARTER.
Philadelphia Ledger, August 18TH.


the Engineer Corps of the army, was
summoned to trial by court-martial on
January 9Th, 1898, for the alleged
misuse of large sums appropriated by
Congress for the Improvement of
Savannah harbor and neighboring
waters. 1t was estimated by Col.
Barr, representing the judge advocate
general before the court-martial, that
the government losses involved in the
transactions, which were the subject
OF inquiry, reached the heavy total of
81, 100, 900. After a searching and
minute investigation, lasting four
MONTHS, followed by deliberation of
two days by the court-martial, the
accused was unanimously declared
guilty, and sentenced to dismissal
from the army, with fine and i'm
prisonment.
The personnel of the court martial is
an important factor of the proceedings,
in view of the strenuous and sensa-
tional efforts that have been made to
cast discredit upon its findings and to
delay execution of sentence. The body
was composed of II army officers, with
Gen. E. S. Otis, now commanding in
the Philippines, as the presiding Off
Ger. Every branch OF the Federal
military service was represented in
the court. and number Of experienced
officers, having special and technical
knowledge Of the subject matter under
| investigation, were assigned to the
duty. In reply to structures from
Carter's counsel in challenging the
| fitness OF the court, Col. Barr said,
and truthfully, that it would not be
| possible to secure in our civil courts a
jury Of like special fitness to determine
such an issue; that, as body, the
Carter court-martial represented "the
very highest intelligence and con-
science of the army"
Major Carson gives in satisfying
detail the history of the case before
and after finding was reached by this
thoroughly competent body. Capt.
Carter had been directing the harbor
improvements at Savannah and adj
jacent harbors from u to Ia years,
when he was relieved from the duty in
! 1896 by reason of his appointment to
mission. His SUCCESSOR, having dis
covered what he believed to be serious
! Irregularities in the prosecution of the
harbor work, the failure of materials
to answer specifications, work de-
1
Wilson, chief Of engineers. Carter
protested his innocence, and averred
that the allegations rested upon mis-
understanding and lack Of information.
At his instance three competent Off
GERS were selected to make investi-
cation and report to the chief of engi-
neers In due season tho report was
submitted to Gen. Wilson, who recon-
mended that charges should he brought
against Carter, with the further recon-
mendation that the papers should be
entrusted to Col. George b. Davis,
professor Of law at West Point, for the
formulation of charges, inasmuch as
the judge dvocate-general, to whom
the duty would have been assigned In
regular course, was not then in good
health. Judge Advocate General Lieber,
annoyed by the DETECTION of the case
from the usual routine, notified the
Secretary of War that the charges and
specifications could have been prepared
In his Office, Notwithstanding his ill
ness.
Col Davis, a subordinate of thu
judge advocate general, took charge o
the papers in pursuance of Gen,
Wilson'S suggestion. Col. Davis
recommendation was that charges
should be drawn against Carter fol
absence without leave and for conduo
unbecoming an officer, but that nj
charge of conspiracy or fraudulent act
with repsect to the Savannah operation
should be presented, inasmuch as sucl
charges would be too difficult to prove
and the prosecution of them woule
scandalize the engineer corps of tn,
army. Assistant Secretary Nickel
john, tc whom the matter was mex
referred, did not approve Col Davis
recommendation and at the assistan
secretary's suggestion the case was sen
to the judge advocate-g general, from
whom it should not have been diverted
The result was that formal specifi
cations and charges covering tn,
allegations against Capt Carter wer'
prepared for investigation by court
martial. At the hearing the accused
pleaded the statute of limitations II
the admission of evidence touching
transactions occurring beyond tn
statutory limit.
Garter was ably defended by yer,
accomplished COUNSEL and an enginee
was furnished by the War Department
to give technical assistance to the de
fence. Our Washington correspondent
says that, while there was no ofiicia
announcement of the court-martial'
finding. it is well understood that tn
accused was convicted by IL unanimou
finding upon all the charges, ant
sentenced to be dismissed from tn
, army, to pay $4,000 fine and underg
Imprisonment. After the verdict al
appeal was made 10 the President t.
send the record to some able lawyer
! not connected with the War DEPART
ment, for review. This was an un
usual proceeding, as was also tn
reference of the case to the attorney
general. BY almost unvarying practic
: courts martial are kept within tn
jurisdiction of the War Department
No satisfactory reason has ever bee
assigned for the departures from Ion
practice in this case. The jud2
9 advocate Reneral approved the verdic
! and recommended execution o
sentence. The record reached th
President through the Secretary c
War. The executive then sent tn
r papers to Senator Edmuads, who,
is said, reported that certain testimon
: should have been excluded by tn
: court martial, but that there wR
enough in the testimony, exclusive @
5 the testimony enormously admitted, t
5 warrant conviction and sentence +
dismissal under number Of tn
. charges. The President then sent tn
a record to the attorney general, VIII
now holds it. More briefs have bee
submitted to the attorney general b
Carter's counsel and Col. Barr ha
. filed his answers. The attorney genera
: has signified his intention to hear ora