The times., 1899-09-28

AsN Aht@ tAS NoSt VI
Captain Carter, convicted OF misappro-
priation of Government money, embezzle-
| ment. and similar crimes by a military
court martial. was begun yesterday morn
ing by Hen. Wayne Macveagh, before the
Attorney General of fhe United States.
| There was present large number of law
yers, military officers, and members of the
press and great interest was manifested in
what Mr.. Macveagh had to say. Captain
Carter himself was not present, as ex-
pected.
The argument was mainly legal in its
nature, and the testimony of the court
martial was dissected with great particular
ity. Captain Carter's attorney was some
times interrupted by Attorney General
Griggs with questions bearing upon his ar
gument, but Mr.. Macveagh was allowed to
proceed rapidly, as he addressed the At
torDey General in clear and distinct tones;
Mr. Maegeagh prefaced his argument by
stating that he was now before the De-
partment of Justice, higher tribunal than
military court-martial, to demand that
the evidence CT military court should not
be used to destroy the character of an in
nocent man. He was entitled, he declared,
| TO make this demand. Necessarily, he said.
| there had been great delay in this case.
| The delay, however was not the fault of
| Captain Carter. The only time Mr.. Mac
Yeah had asked for time was in July, when
| he was in Europe.
Pressure on the President.
! He next referred to the so-called mis-
statements published in the press, evil
| IDENTIFY. hssaid, to prejudice the President
of the United States against Captain Car
/ ter. The President, he declared had been
begged and implored 10 settle the case by
condemning Carter on the verdict of an
unjust and illegal military court-martiaI.
There We're over 5000 pages of typewriter
matter relating to the testimony, and yet
| impatience had been manifested toward
the Attorney General because the case was
not settled within few days after it came
into his hands
The case. he said had been referred to
the Attorney General for judicial decision.
The court-martial had been incapable and
incompetent TO thus deal with it. II had
assumed TO discharge duties upon which
ii had never been trained and was igno-
rant. Ii was a universal proyerb Mr.
MacFe2gh said, that courts martial were
organized to convict. He then. took Up the
charges against Carter, that he had en-
tered into conspiracy in one transaction
in 1896 TO defraud the Government of
S2S0,e0O, and in another of $4,000 If
these two charges alone were true, Carter
was guilty OF ignoniiny and his counsel was
equally guilty in being there to defend
him. Mr.. MacVeagh next quoted Colonel
Davis and other high authorities that
courts martial are not judicial, and as
such are not entitled to respect. No law
making u0Iypr n country had ever
given courts-martial the power to convict
anybody. They had no power to compel
q single witness to answer single qees-
tion. The witnesses were only volunteers.
The record in this case showed that the
witnesses refused TO testify on certain
points. Under such circumstances no
human creature could have justice.
Mr. MacVeagh referred 10 newspaper
criticisms on himself, as counsel as having
manufactured a theory OF defence, as
serting that ne had said that the case OF
Carter was similar to the case OF Captain
Dreyfus. He denied that he ever gave such
information. In this connection he paid
his respects to the London Times" Ger
many had long ago found the incompe
tency Of courts martial, and he argued on
this line that he was not alone in his opin-
ion that courts-martial are dangerous TO
E fair administration Of justice. He quoted
authorities also showing that the findings
of courts-martial in England are referred
TO judge on the bench and then submit
ted TO the Queen herself before eondenna-
tion or sentence is pronounced.
Mr.. MacVeagh next denied that the
court-martial which convicted Carter was
unanimous in its findings.
The Records Attacked.
The first objection of gravity appearing on
the records was the ineongruous statement
In the specifications against Carter These
officers, he had found, were charged TO try
Carter for a great crime-that he had rob-
bed the Government Of millions Of dol
lars Carter was asked to meet the charge
OF conspiracy with other people to defraud
the Government Some argue that the law
Is defective and through its techniealities
the guilty cften escape, and it needs the
military sword, sometimes. to cut the knot
protecting certain criminals Mr. Mac
Veagh referred TO the charges against Car
ter, 10 defraud The City Of Savannah, and
with perjury in a case with which The
United States had nothing 10 do He was
charged with deceiying the Secretary of
War and the Chief OF Engineers In making
false statements.
A recess was taken at l o'clock and the
hearing continued an hour later. Mr.. Mae
Neagh several times during the afternoon
argument denounced the methods of pro-
eedure of the court-martial in scathing
terms and attempted 10 show that il any
enc Of several points of Illegal evidence
had been excluded Captain Carter could
never have been convicted. Among in
stances of alleged Illegal evidence he re-
ferred 10 letter written by Cooper 10 his
partner in the prosecution, Captain Gil
lette August Z, 1897. This letter he said
was admitted in evidence against Captain
Carter, although it was a communication
simply between two members of the prose-
eution in the case and was written a year
subsequent 10 the latest overt act in the al
legged conspiracy of 1886. Captain Carter's
counsel answered the criticisms made and
sustained by the oourt-martial that only
twenty-five days had been allowed be-
tween the issue of the advertisement ior
bids and the awarding Of the contract He
showed that Carter had saved two DAYS by
telegraphing from Washington TO have the
advertisement issued at Savannah, instead
Of writing a letter, as be might have done
Moreover. Mr.. MacVeagh said that the
prosecutors In the Carter case had in their
possession all the time written proof that
in fortg-nine instances in the history of the
country the average time between the ad-
yeTtising for bids and letting OF contracts
has been the same as Captain Carter al
lowed.
Mr.. MacVeagh next went into the official
history Of Captain Carter as an officer of
seventeen years good standing prior to the
charges now before the Department OF
Justice. He referred to the statutes of