Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-28
THE CARTER couRrmARTiAL.
REASONS WHY VERDICT SHOULD
BE SET. ASIDE. 3NlIls.
By Telegraph to virgtnian.Pllot

SbyS1eiesraph to Virgtnian-Pilotl ss!8
Washington, Sept. 27.-Attorney-Gen-
eral Griggs to-day gave g hearing to
the Hon. Wayne NfacVeagh, counsel In
the court-martial case of Captain o. NJ.
Carter, of the army. Mr.. MacVeagh
asked for q judicial hearing in the case.
saying that If the President affirmed
the proceedings he would be guilty OF
an act of great cruelty and wrong.
The record was. he continued. so sat
urated with errors of law that it Is
impossible in a country governed by
law to affirm the finding
AN INCOMPETENT COURTS
In asking that the court-martial yer-
dict be set aside Mr.. MacVeagh urged
the unfltness of such & court composed
of men unframed In the law to deal
with questions such as those involved
in this case. The findings of such a
coui- have no validity and carry no
wet. The findings were based on a
tumble of incongruous and discordant
charges, ranging from embezzlement
and deceit on the smallest matters to
charges of conspiracy of immense mag
nitude.
SUMMARY OF OBJECTIONS.
summarizing, Mr.. MacVeagh gave
twenty objections to the approval of
the verdict as follows:
l. The tumble of incongruous charges
in contempt of fundamental and es-
sential principle of Jurisprudence, maxi
ing fair trial impossible.
.. The incapacity OF the court to OBJ
tain any testimony except thnt yolun-
tarily offered. 4
3. Such incapacity explains in part
why the opinions of n mere majority
of officers ordered by the Secretnry of
War 10 try n particular case have in
law no force or effect whatever.
4. The contemptuous ilouting of the
1881 article of war.
s. The reading and rc-readlng Of
wholly irrelevant specifications and
checks for the sole purpose OF preju-
dicinS the minds of the officers of the
courtmartial.
g. In admitting evidence of the rate
OF charges paid By the contractors to
negroes for cutting and laying brush
rs evidence that Captain Carter was
guilty of conspiracy.
Z. In declaring that the court was
not strictly bound by the rules OF evil
| dence. 3a s.
S. In allowing Cooper to testify as to
| the contents of written papers which
We're: easily accessible. igsSSge &
to Gillette OF August Z, 1897 as proof
of Captain Carriers guilt in 1896.
10. In deciding that the statute OF
limitations had no reference whatever
to the evidence.
II. In holding that declarations OF
persons not on trial and made in Cap
tain Carriers absence were admissible
In evidence.
IL. In admitting the letters from Cap
tain Greene to Captain Smith of 1891.
Is. In allowing Cooper to certify as
to an alleged conversation with n fore
man of contractors In 1898.
IA. In deciding that questions asked
by the court cannot be objected to up
OH the rules of evidence.
Is. In admitting he private m mare of
Captain Carter Illegally seized. In ev-
idence against him.
16. In refusing obedience to the pro-
visions of the constitution.
IL. In refusing obedience to the de-
clsions of the Supreme Court OF the
United States.
is. In refusing obedience to the plain
and explicit act OF Congress.
10. In admitting the letters between
Captain Carter and Captain Greene
and Mr.. Garner from 1885 to 1881 TO
prove n conspiracy in 1896.
20. In allowing Carvalho to testify
falsely that Captain Greene was guilty
of conspiracy.
4 STRONG APPEAL.
Mr.. NIacVeagh closed with very
the case, dwelling at length upon the
majesty Of the law and appealing to
Attorney General Griggs as n lawyer
and jurist to accent his view of he
case and counsel the President to pre-
vent the affirmation of the verdict OF
the court-martlh.