The age-herald., 1899-10-01
''ELIHU ROOT,
 History of the Case

It Is now over two years since charges against Captain Carter were first made known to the public. They followed close upon the appointment of Captain Carter as member of the old Walker Nicaragua canal commission. The condition of things on Captain Carters work at Savannah was reported to the chief of engineers on Au- gust IA, 1884, by Captain Cassius E. Gillette, who succeeded Captain Carter in charge of the Savannah office; and on September IS a board of engineer officers Coloneqs. Giles pie and Raymond and Major Adams, was convened at Savannah to examine the works there and investigate the charges which had been preferred. The investiga- tion of these officers was most thorough. Over month was spent in the examination of witnesses, of the various papers and doc uments bearing on the case and of the works themselves The report of this board was such that Captain Carter was placed under arrest and a court-martial was or dered and began it's sessions at Savannah on January 12, 1898.
 Particular care was taken in the selection of the officers for this courtmartial; the judge advocate, Colonel Thomas F. Barr, has been in the service for thrty-four years and is a lawyer of emnence and marked ability. The president of the courtma rtial was General E. s. Otis, now the head of the United States forces in the Philippines. General Otis was educated as a lawyer and, notwithstanding some Of the calumn1eS c1rculateu concerning nm III COIL nection with his present responsibilities, is well known to be one of the most able and capable officers in the army. The corps of engineers was represented by Colonel s. M. Mansfield and Major William Stanton.
 The main charges upon which the court martial was held was that Captain Carter had entered into a conspiracy with mem bers of the Atlantic Contracting company, which had large contracts for Jetty work etc. on the Savannah river and in Cumber- land sound, by which he was given share in the profits of these contracts, in consid- eration of his aid in securing the contracts to this company at a high figure and in permitting them to do such inferior work that their profits were exorbitant The total amount of the fraudulent claims which were allowed and paid by the gov ernment through Captain Carter's unfaith- fitness was set at about $2 ,50OOOO.
 The courtmartial continued from January l2 to April 30 1898, finally adjourning just at the outbreak.sof the Spanish war. In the length of its proceedings 1t Tar out ranked any other courtmartial ever held Tn the United States. The whole record of Captain Carter's work at Savannah was gone over in the most painstaking manner by the prosecution, and the defense, con- ducted by four of the ablest attorneys in the country, presented its side in equal de- tail.
 The report of the courtmartial was for Warded to Washington on April 30 1898, and while no formal statement of its con- tents has ever been made public 1t became known that Captain Carter was found guilty on practically all the counts, was sentenced to dismissal from the army, fine of $5,000 term of five years in the penitentiary, and to have his disgrace and inc circumstances of his crime publicly advertised in the newspapers at his home. while all the officers of the army to be for bidden to speak to him.
 The record of this courtmartial contained over 5,300 pages, or nearly 100000 words; it was made up in twenty volumes of about 260 pages each, and besides this there were over $50 separate exhibits. It was, as the law requires, referred to the judge advo- cate general of the army for review, and he promptly transmitted it to the president with his approval of the findings. From here on he case began to drag. Secretary Alger kept 1t pigeonholed for some months. The papers were for a long time in the custody of the attorneys for Captain Car ter When they finally reached the presi- dent he asked ex-Senator Edmunds to re- it. This was done-at an expense of $5,000- and then the papers went to Attorney Gen. eral Griggs, in whose possession they re- mained until today.
 The last move in the case was a hearing granted Wayne MacVeagh, attorney for Carter, by the attorney general this week. In this MacVeagh pleaded for jury trial, declaring the Judges of the courtmartial incompetent to sit in case of this kind.
 Prison Sentence Begins
 Now York. September 30.-Captain Ober-
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