The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-09-29
PLEADS For GARTER
Attorney MacVeagh Before
the Attorney General.
COURT WASN'TCOMPETENI
Denies Stories Published
Against His Client.
COURT WASN'TCOM PETENI

Washington, Sept 27-Attorney General
Griggs gave hea eng TO Hon. Wayne
MacVeagh, counsel in the court martial
case Of CAPTAIN O. NJ. Carter. of the army
Mr.. MaeVeagh asked for judicial hear
ing in the case, saying that il the presi-
dent affirmed the proceedings he would
be guilty of an act of great cruelty and
wrong. The record was, he contended, so
saturated with errors Of law that ii is i'm
possible, IN a country governed by law,
to affirm the finding.
Beforfe proceeding with his argument
proper, he correced what he designated
as erroneous reports concerning the case.
The first of these to which he gave his
attention was a statement that Secretary
Alger had allowed the attorney for Cap
tain Carter to take away and keep pos
session of the record in the case. This
was, he said, absolutelyuntrue. The con-
sui for the accused had never seen the
original record and had received no IA
vors. 1t was also false that the repre-
sentatives of Captain Carter had impor-
tuned the president in the captains be-
half. On the contrary the only pressure
brought to bear upon the president was
from the other side, for the affirmation on
OF the finding. He recited eleven Instan-
ces of what he termed positive inventions
retailed to the correspondents Of the news
papers during the past IS 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
signalize 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.. McVeagh also denied that the
finding of the court had been unanimous,
Notwithstanding, he said, the war depart
ment had so stated.
In asking that the court martial verdict
be set aside Mr.. McVeagh urged the I'M
fitness of such a court. composed OF men
unframed in the law, to deal with ques-
tons such as those involved in this case.
The findings of such a court have no val
idity and carry no weight. The findings
were based on a tumble of homogeneous
and discordant charges, ranging from en-
bezzlement and deceit in the smallest
matters, to charges of conspiracy of i'm
mense magnitude
In reply to question from the attorney
general, Mr.. MacVeagh admitted that no
objection to the misjoinder Of charges had |
been made in the court martial. Mr.. |
Griggs suggested that the objections |
should have been made at that time add |
ing that he was expressing no opinion
upon the merits Of the points at issue.
Continuing. Mr.. McVeagh said that only
A fair trial was asked, and a fair trial /
could not be had upon a collation. OF
charges as had been made in this case.
Mr.. MacVeagh also dwelt upon the point
hat the charges were brought. notwith-
standing the statue Of limitations. He
continued that 1.-The fragrant violation Of
his act OF congress was sufficient to viii
tie the proceedings" He had no doubt
hat Captain Carter was convicted from
he time he pleaded this statue before
he court but this was done under advice
md was at least legitimate.
With reference to the checks issued by
captain Carter, Mr.. MacVeagh contended
hat h could not undr tn law have avoid
d their issuance. The same was true Of
very act performed by him in this con-
lection: not one act was optional. Speak
ng Of the high prices paid for service by
'aptain Carter. Mr.. MscVeagh said they
we're paid on lettings after advertising,
ence the profits of the contractors were
ot legitimate evidence against the Off
er in charge. Moreover, in many in
tances the paid were no higher than
hose paid for similar service by other
Ulcers in like cases