The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-09-28
OFFERS TWENTY OBJECTIONS
TO THE APPROVAL Oh THE FINDING
OF THE MILITARY COURT,
Closes with an Appeal to the Ate
half of the Convicted officer.

WASHINGTON, Sept. 27.-Attorney Gem
eral Griggs to-day gave a hearing to Hon.
Wayne Macveagh. counsel in the court
martial case of Capt. o. NJ. Carter. OF the
army. Mr.. MacVeagh argued for a judicial
hearing. saying that If the President af-
firmed the proceedings he would be guilty
of an act of great cruelty. The record was.
he commended. so saturated with errors OF
law that il was impossible in a country gov
erned by law to affirm the finding. Before
proceeding with his argument proper. he
corrected what he designated as erroneous
reports concerning the case. The first OF
these to which he gave his attention was q
statement that Secretary Alger had al
lowed the attorney for Captain Carter TO
take away and keep possession OF the rec
ord in the case. This was. he said. abso-
lutely untrue. Counsel for the accused hid
never seen the original record and had re-
ceived no favors. II was also false that the
friends of Carter had importuned the Presi-
dent in the captains behalf. On the con-
trary. the only pressure brought TO bear
upon the President was from the other
side. for the affirmation of the finding. He
recited eleven instances of what he termed
positive inventions retailed TO the corre-
spondents of the newspapers during the
past eighteen months. Sooner or later he ex-
pected to reveal the authors of these re-
ports and expose their motives and then to
hold somebody responsible for proving their
truth. He had thought OF asking the new
secretary of war to signaiize his entrance
upon his duties by posting this notice over
the doors of two OF the divisions OF the de-
partment: mo falsehoods shall be dissemi-
mated from this office during Office hours"
Mr.. MacVeagh also denied that the finding
of the court had been unanimous. notwith-
standing he said the War Department had
so stated.
In asking that the court-martial verdict
be set aside. Mr.. Macveagh urged the un-
fairness OF such a court. composed OF men
unframed in the law. to deal with questions
such as those involved in this case. The
findings of such a court have no validity
and carry no weight. The findings were
based on a tumble of incongruous and dis
cordant charges, ranging from embezzle-
ment and deceit in the smallest matters. to
charges Of conspiracy of Immense magni-
ture.
In reply to a question from the attorney
general, Mr.. MacVeagh admitted that no
objection TO the misjoinder of Charges had
been made in the court-martial. Mr.. Griggs
suggested that the objection should nave
been made at that time, adding that he was
expressing no opinion upon the merits OF
the points at issue. Continuing. Mr.. Mae
veagh said that only a fair trial was asked
and a fair trial could not be had upon such
a collection of charges as had been made.
Mr.. Macveagh also dwelt upon the point
that the charges were brought, notwtth-
standing the statue of limitations. He con-
tended that "the fragrant violation OF this
act Of Congress was sufficient TO vitiate the
proceedings" He had no doubt tina Capt.
Carter was convicted from the time he
pleaded this statute, but this was done un-
der advice and was at least legitimate.
With reference to the checks issued by
Captain Carter. Mr.. Macveagh contended
that he could not. under the law, have
avoided their issuance. The same was true
of every act performed by him I'm this con-
n~ection; not one act was optional. Speaking
of the high prices paid for services By
Captain Carter. Mr.. Macveagh said they
were paid on lettings. 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.
TWENTY OBJECTIONS.
Mr.. MacVeagh criticised unsparingiy the
Witnesses called for the prosecution Of Car
ter as well as the action OF the court In
admitting much OF the testimony. denounc-
ing much that was said as lies. or 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 a liar. Another witness was repre-
scented as having received the money on q
check which II had been charged went TO
Carriers account. A third witness who had
been called as an expert engineer was repre-
scented as having sworn that he did not
know the difference between a cubic yard
and a square yard. Summarizing. Mr.. Mac
veagh gave twenty objections TO the APP
prevail of the verdict. as follows:
First-The tumble Of incongruous charges
In contempt of a fundamental aud essential
principle OF Jurisprudence. making a fair
trial impossible.
S~econd-The incapacisy OF the court 10 OBJ
tain any testimony except that voluntarily
| offered.
Third-Such ~incapacity explains In part
why the opinions OF a mere majority OF on
GERS ordered by the secretary OF war 10 try
a particular case have In law no force or
effect whatever.
Fourth-The contemptuous routing or the
| l03d article OF war.
Fffth-The reading and rereading Of wholly
irrelevant specifications and checks for the
sole purpose OF prejudicing the minds OF the
| officers OF the court-martial
Sixth-In admitting evidence Of the rate
OF charges paid by the contractors u
negroes for cutting and laying brush - ex1~