The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-28
he PLEADS FOR CARTER
Wayne Macveagh Before Attor-
ney General Griggs.
SATURATED WITH ERRORS
It Would Be an Act OF Great Cruelty
and Wrong Should the Pres
ident Affirm the
Findings.

Washington, Sept. 27-Attorney
General Griggs to-day gave a hearing
to Hon. Wayne Macveagh, counsel in
the court-martial case to Captain o.
M. Carter of the army. Macveagh ask
ed 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 contended, so sat-
urated with errors of law that II is
Impossible in a country governed by
law to affirm the finding.
Before proceeding with his argu.
ments proper, he corrected what he
designated as erroneous reports con-
corning the case. The first of these to
which he gave his attention was a
statement that Secretary Alger had
allowed the attorney for Captain Car
ter to take away and keep possession
of the record in the case. This was,
he said, absolutely untrue. The coun-
sci for the accused had never seen the
original record and had received no ia
Vors. 1t was also false that the rep
resentatives of Captain Carter had inn
portunted the president in the cap
tdlu peHalI. On the contrary, the
only pressure brought to bear upon the
president was from the other side for
the affirmation of the finding. He re-
cited several instances of what he
termed positive inventions retailed to
the correspondents of the newspapers
during the past IS months. Sooner or
later he expected to reveal the authors
of these reports and expose their mo-
tives and then to hold somebody re-
sponsible for proving their truth. He
had thought of asking the new secre-
tary of war to signalZe his entrance
upon his duties by posting this notice
over the doors of two of the divisions
of the department: mo falsehoods
shall be disseminated from this Office
during office hours
Mr.. Macyeagh also denied that the
finding of the court had been unani-
nous. He said that the war depart
ment had so stated. In asking that
the court-martial verdict be set aside
Mr.. Macveagh urged the unfitness of
such court. composed of men I'M
trained in the law to deal with ques-
tons such as those involved in this
case. The findings of such court have
no validity and carry no weight. The
findings were based on tumble Of in
congruous and discordant charges,
ranging from embezzlement and deceit
in the smallest matters to charges of
/ conspiracy of immense magnitude.
| In reply to a question from the at
! torney general, Mr.. Macveagh admit
ted that no objection to the misjoinder
of charges had been made from the
! court-martial. Mr.. Gr.ggs suggested
! that the objection should have been
made at that time, adding that he was
. expressing no opinion upon the merits
of the points at issue. Continuing, Mr..
! Macveagh said that only a fair trial
was asked and fair trial could not
be had upon such a collection OF
charges as had been made in this case.
| Mr. Macveagh dwelt upon the point
that the charges were brought notwith-
standing the statute of limitations.
/ He contended that the fragrant vio-
| lation Of this act of congress was suf-
| ficient to vitiate the proceedings.
He had no doubt that Captain Car
: ter was convicted from the time he
I pleaded the statute before the court
I but this was done under advice and
was at least legitimate. With refer
ence to the checks issued by Captain
Carter, Mr.. Macveagh contended that
he could not under law have avoided
their issuance. The same was true Of
every act performed by him in this
connection; not one act was optional.
Speaking of the high price for serv-
ices paid by Captain Carter, Mr.. Mac
veagh said they were paid on lettings
after advertising, hence the profits of
the contractors were not legitimate evil
dence 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.