The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-28

He had no doubt that Captain Carter
was convicted from the time he pleaded
this statute before the court, but this
was done under advice and was at
least legitimate.
With reference to the checks issued
by Captain Carter. Mr.. MacVeagh con-
tended that he could not under the law
have avoided their issuance. The same
was true of every act performed by him
in this connections; not one act was OPP
tional. Speaking of the high prices
paid for service by Captain Carter, Mr..
MacVeagh said they were paid on let
tings after advertising; hence the profits
of the contractors were not legitimate
evidence against the officer in charge.
Moreover in many instances the prices
paid were no higher than those paid
for similar service by other officers in
like cases.
Mr.. MacVeagh criticised unsparingly
the witnesses called for the prosecu
ton of Carter as well as the action
of the court in admitting much of the
testimony, denouncing much that was
said as lies. OF one of the witnesses
he said he did not complain of his being
a liar because he was born so,' but
of his being used by Colonel Barr and
Captain Gillette after he was proved
to be liar. Another witness was rep
resented as having received the money
on check which it had been charged
went to Carter's account. A third
witness who had been called as an ex-
pert engineer was represented as having
sworn that he did not know the differ
ence between a cubic yard ami square
yard.
Summarizing Mr. MacVeagh gave
twenty objections to the approval of the
verdict as follows:
First-The tumble of incongruous
charges in contempt of a fundamental
and essential principle of Jurisprudence,
making fair trial impossible.
Second.-The incapacity of the court
to obtain any testimony except that
voluntarily offered.
Third.-Such incapacity explains in
part why the opinions of a mere ma
jority of officers ordered by the Secre
tary of War to try a particular case
have in law no force or effect what
ever.
Fourth.-The contemptuous f1outing
of the 103rd article of war.
Fifth.-The reading and re-reading of
wholly irrelevant specifications and
checks for the sole purpose OF prejudic
ing the minds of the officers of the
court martial.
Sixth.--In admitting evidence of the
rate of charges paid by the contractors
to negroes for cutting and laying brush
as evidence that Captain Carter was
guilty of conspiracy.
Seventh.-In declaring that the court
was not strictly bound by the rules of
evidence.
Eighth.-In allowing Cooper to testify
as to the contents of written papers
which were easily accessible.
Ninth--In admitting the letter of
Cooper to Gillette of August 18th, 1897,
as proof of Captain Carriers guilt i'll
1896.
Tenth.-In deciding that the statute
ever to the evidence.
Eleventh.-In holding that declara-
tons of persons not on trial and made
in Captain Carriers absence were adj
MISSILE in evidence.
Twelfth.--In admitting the letters
from Captain Greene to Captain Smith
in 1891. @
Thirteenth.--In allowing Cooper to
certify as TO an alleged conversation
with a foreman of contractors in 1893.
Fourteenth.-In deciding that ques-
tons asked by the court cannot be OBJ
jected to upon the rules of evidence.
Fifteenth.-In admitting the private
papers of tCaptain Garter illegally
seized i'll evidence against him.
SiXteenth.-In refusing obedience to
the provisions of the Constitution.
Seventeemth.--In refusing obedience
to the decisions of the Supreme Court
of the United States.
Eighteenth.-In refusing obedience to
the plain and explicit act OF Congress.
Nineteenth.-In admitting the letters
between Captain Carter and Captain
Greene and Mr.. Garner from 1885 to
1891 to prove a conspiracy in 1896.
Twentieth.-ln allowing Caryalho TO
testify falsely that Captain Greene was
guilty of criminal forgery as proving
that Captain Carter was guilty of CON
spiracy.
Mr. MacVeagh closed with a very
earnest appeal for judicial hearing OF
the case, dwelling at length upon the
majesty of the law and appealing TO
Attorney General Griggs as lawyer
and jurist to accept his view of the
case and counsel the President to pre-
vent the affirmation of the verdict of
the court martial.