The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-10-06
GRIGGS' OPINION
Is MADE PUBLIC
Explains Why President Approx
ed Garter CourtmartiaI.
FINDING WAS JUSTlFlABlE
After Dismissing the Minor Charges as
Improved the Attorney General
Takes Up the More Serious
Questions Involved

Washington, October 5.-The opinion of
Attorney General Griggs in the case of
Captain Oberlin NJ. Carter of the army, up
on which the president approved the md
ing of tis,i seurtmartial, vas made puDlc
today After dsmissng certain of the
minor charges as unproven, the attorney
general takes up the more serious questions
involved, first consulting the objection that
the charges upon which Captain Garter
was found guilty were incongruous. lie
says that unlike the ordinary criminal pro-
cedure the military usage and procedure
permit of an indefinite number OF ofncerS
being charged and adjudicated together IN
one and the same proceeding.
1T is not necessary" he said, ito discuss
whether this practice was wise, or Whteher
it is prejudicial to the rights of the accused
1t appears to be established by long con-
tinued practice, and SO far as l am aole
on investigation to discover, without pre-
vious challenge"
F3,lt even if this objection were well toun-
ded Attorney General Griggs says he does
not think the accused should be allowed TO
avail himself of the objection now because
ne proceeded to trial without objection TO
this alleaed missioner and permitted the
court to enter on an investigation OF all
the different specifications and hlmseH
brought forward his defense to each on
them. The objection should have peeh
promptly taken to be available.
The objection concerning the admission
of evidence barred by the statute of limi-
IA fions is disposed of by saying that this
evidence was not offered "for the purpose
Pa. 81 tha appngp6
ticular. offehse as to which he had inter
posed this particular plea, nor OIL having
him declared guilty thereof; but Tor the
purpose Of showing the relation between the
accused and the other alleged conspirators'
the intent and motive of the accused anu
the other alleged conspirators ana theT
course and conduct with reference to mat
ters of nature similar to those and in many
respects connected with those involved In
the transactions under trial" For THIS
purpose, he thinks the evidence was ad-
missible.
+ Other objections relating to the admission
of evidence of conversations and acts of
alleged, co-conspirators and relating the
time Of the particular conspiracy charged,
he also thinks were admissible.
Referring to the seizure of the private
papers OF Captain Carter, Mr.. Griggs says
the facts don't show that the seizure was
unreasonable and that Garter practically
consented to the use made of the papers.
The point is made in this connection that
even in the absence of such consent it was
uon-competent to offer the papers as evil
dence The use OF letter written by the
witness, Cooper, to Captain Gillette is con-
demned, but it is argued that the use of the
letter did not iniure Carter.
The attorney-genera also finds that the
court did not err in refusing to admit GER
tain evidence offered by Carter, including
the letter of his father-in-law, Mr.. r. E.
Wescott
This brings the inquiry to the investiga-
ton of the main charges upon which the
conviction was based.
Summing up many of the specifications,
including Captain Carriers intimacy with
Greene and the Gayners, the method of
advertising for the work and of letting the
contracts, the character Of the Atlantic
Contracting company. the large profits
made on the contracts, ETC., the attorney
general says that they might justly be con-
sidered as falling to fix upon the accused
criminal knowledge and purpose to de-
fraud the government, as 1t was shown that
he had no corrupt personal motive, that he
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