The age-herald., 1899-09-28
MACYEAGH WANTS
 ONLY A FAIR TRIAL Griggs Asked to- 2 Aside #yr
 dict in G. 1s5 THE COUP Us JST Attorney a#e... Fragrant viole a.a Limita-
 a to Viz
 Jdings
THE COUr

t4H lO VI
 Jdings Washington, aber 27.-Attorney General Griggs today gave a hearing to
 Hon. Wayne MacVeagh, counsel in the
 courtmartial case of Captain o. M. Carter.
 of the army. Mir. MacVeagh asked for 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 saturated with errors of law that it is impossible in a country governed 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 at | tention was a statement that Secretary AL | ger had allowed the attorney for Captain | Carter to take away and keep in his pos
 session the record in the case. This was,
 he said, absolutely untrue. The counsel for l the accused had never seen the original 1 record, and had received no favors. l It was also false that the representatives
 of Captain Carter had importuned the pACSiuChL iIl iuc captain OeAdiL. Oh thS | contrary, 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 detailed by the | correspondent of the newspapers during | the past eighteen months. Sooner or later he expected to reveal the authors of these reports 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 singalize his en- trance upon his duties by posting this
 oyer the doors of two of the divisions of
 the department: "No falsehoods shall be
 disseminated from this office during office
 hours"
 MT. Macveagh denied that the finding of
 the court had been unanimous, notwith-
 standing he said the war department had stated
 In asking that the courtmartial verdict be set aside, MT. MacVeagh urged the un- fitness of such a court, composed of men
 untrained in the law, to deal with ques-
 tions such as those involved in this case.
 The findings of such court have no yalidi-
 ty and carry no weight. The findings were based on a tumble of incongrugous and dis eordant charges, ranging from embezzle- ment and deceit in the smallest matters to charges of conspiracy of immense mag nitude.
 In reply to a question from the attorney general Mir MacVeagh admitted that no objection to the misjoiner of charges had been made in the courtmartial. MT. Griggs suggested that the objection should have been made at that time adding that ne was expressing no opinion upon the merits of the points at issue
 Continuing MT MacVeagh said that only fair trial was asked, and a fair trial could not be had upon such a collection
 of charges as had been in this case. MT. MacVeagh also dwelt upon the point
 that the charges were brought notwith-
 standing the statute of limitations.
 He contended that the fragrant violation
 of this act of congress was sufficient to
 vtiate the proceedings.
 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 statements issued by Captain Carter MacVeagh contended that he could not under the law have avoided their issuance. The same was true
 of every act performed by him in this con- necton; not one act optional. Speaking of the high prices paid for
 vices by Captain CaGer, MT. MacVeagh said they were paid on letterings after ad-
 vertising hence the profits of the contract
 ors 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
 MT. MacVeagh criticised unsparingly
 the witnesses called for the prosecution of
 Carter, as well as the action of the court
 in admitting much of the testimony. de- nouncing 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 a liar. Another witness was reported to have received the money xxrl,i oh, tn A witness when called as an expert engineer was reported as havin sworn that he did was reported as having sworn that he did not know the difference between a cubic yard and square yard. Summarizing, Mir MacVeagh gave twenty objections to the approval of the verdict, as follows: 1. The tumble of incongruous charges in contempt of fundamental and essential
 principle of jurisprudence, making fair trial impossible
 ?. The incapacity of the court to obtain any testimony except that voluntarily of fered.
 5. Such incapaeity explains in part why the opinions of mere majority of officers | ordered by the secretary of war to try particular case have in law no force or ef- l feet whatever.
 f. The contemptuous Haunting of the 10Sd article of war.
 5 The reading and the re-reading of l wholly irrelevant specifications and checks | for the sole purpose of prejudicing the | minds of the officers of the courtmartial. G In admitting evidence of the changes paid by the contractors to negroes for cutting and laying brush as evidence that Captain Carter was guilty of conspiracy. T. In directing that the court was not strictly bound by the rules of evidence. S. In allowing Cooper to testify as to the contents of written papers which were easily acceptable.
 9. In admitting the letter of Cooper to Gillette of August '. 1897, as proof of Cap | tain Carter's guilt in 1896.
 | To- In deciding that the statue of limita- | tions had no reference whatever to the l evidence.
 H. In holding the declaration of persons | not on trial and made in Captain Carters | absence were admissible in evidence. | l2 In admitting the letters from Captain Greene to Captain Smith of 1891.