The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-05-12
VERDICT MAY BE REVERSED.
EVENTS WHICH MAY GIVE THE
CARTER CASE a NEW TURN.

Some Books Said TO Have Been Pro-
duced which Are Favorable TO
Capt. Carter-ThO Situation as 1t
Stands seems TO Put the Court and
the Judge Advocate on the De-
fensive-Army Officers Believe IL
Is His influence.
Washington, May 11.-(speciaD.-
and startling discoveries have recently
been made in the now celebrated case OF
Capt. Carter of the Engineer Corps, which
may result in a reversal of the verdict
of the courtmartial, which convicted him
of misapproprlaung the public money in
connection with the river and harbor inn
provements in Savannah harbor.
1t is just one year ago that the court
martial concluded the trial Of Capt. Car
ter, at Savannah, and found him guilty,
He was recommended for dismissal from
the army with fine and imprisonment
included. The findings of the courtmar-
tial were delivered to the Secretary OF
War, and by him they were forwarded
to the President for final executive ac-
ton.
So great was the social and political
influence of Capt. Carter and his friends,
that the decision of the courtmartial has
not up to the present time been promul-
! gated. 1t was recently submitted to At
torney General Griggs Tor final review
as to the admissbilty of certain evidence
brought into the case by the judge advo-
cate derived from private papers Of Capt.
! Garter, which the defense claimed were
not properly before the court.
Books Have Been Produced.
During the trial efforts were made to
induce Capt. Carriers father-in-law, Mr..
Wescott, to appear before the court and
explain certain checks, which were said
to have been drawn in MS name by Capt.
Carter, holding a power of attorney for
his father-in-law. Mr.. Wescott failed to
appear before the court but took pas
sage for Europe The bank books and
check books involved were also withheld
from the court on the ground that the
| military tribunal had no legal right to
examine those books. There was a pro-
Ionged controversy over these books, bat
Capt. Carter's attorneys would not pro-
duce them.
After STAYING off executive action for
a full year. the books in question We're.
few days ago, laid before the President,
and it is SAID that the evidence they con-
tanned throws a bright and decidedly
friendly light upon several heretofore dark
and unexplained propositions, in the in
| terest of the engineer officer So i'm
portant is the new testimony that the
President ordered general review of the
whole case by the Attorney General, and
the attorneys for Capt. Carter and the
judge advocate of the court are now en-
| gagged in presenting a revised edition of
| their former arguments in the case.
Court Now on the Defensive.
Whether it is the strength of the new
evidence or the social and political infu-
ence of Capt. Carter, the fact remains
| that the circumstances surrounding the
! case have changed SO suddenly as to virtu-
! ally place the members of the courtmartial
and the judge advocate on the defensive.
| Friends of Capt. Carter now confidently
predict that the decision of the court will
be set aside by the order of the Presi-
| dent, and they also assert that the expla-
/
| cison will be so convincing that the justi-
! fication of the presidential action win be
recognized al once.
At the war department. army officers
| refuse to believe that the President in
tends to cast a stigma upon the members
of the court who tried Capt. Carter Ii
is possible, they say, that he may mitigate
| portion of the sentence imposed by the
! court but it does not seem reasonable
| after all that has ocpurrad ~ lo115 fo-
reversal of the decision of the court The
| sentence of the court provides for both
| fine and Imprisonment, in addition to dis
| honorable discharge from the service, and
| the name of Capt. Carter to be "blaclx-
| listed at every military post within the
| Jurisdiction of the United States
The Explanation Given.
The only explanation offered for the
mysterious delay which has thus far pro
| tected Capt. Carter from the punishment
imposed upon him by the court. is his
social and political influence. The men,
| bers of the Atlantic Contracting Com
| pany and their bondsmen, are closely al
| lied, personally and politically to men
who occupy high places in the Republican
! party 1t is openly declared al the war
| department that but for the Interference
| of these powerful men in behalf of Capt.
| Carter the decision of the court would
! have been in course of execution many
| months ago.
| 1t is also said that the case is being de-
| layed so that the contracting company
cannot be held liable for assisting Capt..
| Carter in defrauding the government. The
! statute of limitations, under which the
company may be sued, expires some time
| in July next.
| Whatever the power behind the throne
! is. or however potent it may be- the
| general belief in the army Is that great
! Injustice is being done the members Of
| the courtmartial by having their find
! ings reviewed by the civil authorities, be-
cause the accused happens 70 be inauen-