Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-09-28
He Asks a Judicial Determination
Of The Issues,
THE RECORD FULL OF ERRORS
So Much So That 1t is Impossible I'm
n Country Governed by Law to
Affirm the Finding of the Court
Martial.

Neagn asked for a judicial hearing IN
the case saying that if the President af-
firmed the proceedings he would be guilty
of an act of great cruelty and wrong.
The record was he continued, so satu-
rated with errors of law that it is i'm.
possible, 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
attention was a statement that Secretary
Alger had allowed the attorneys for Car
ter to take away and keep possession Of
the record in the case. This he said. was
absolutely untrue. The counsel for the
accused had never seen the original re-
cord. and had received no favors.
PRESSURE ON PRESIDENT.
1t was also false that the representa-
tives Of Captain Carter had importuned
the President i'm the Captains behalf on
the contrary, the only pressure brought
to bear upon the President was from the
other side, for the affirmation of the find
ing. He recited eleven instances of what
he termed positive inventions, retailed
10 the correspondents of newspapers du-
ring the past eighteen 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 Secretary Of
War to signallze his entrance upon his
duties by posting this notice over the
doors OF two of the divisions of the de-
partment: NO falsehoods shall be dis
semnated from this office during office
hours"
Mr.. MacVeagh also denied that the find
ing Of the court had been unanimous,
Notwithstanding the fact that the War
Department had so stated.
UNF1TNESS OF COURT MARTIAL
In asking that the court-martial ver-
dict be set aside, Mr.. MacVeagh urged
the unfitness Of such court composed
OF men unframed i'm the law, to- deal
with questions such as those involved
in this case. The findings of such a
| court have no validity and carry no
weight The findings were based on a
tumble of incongruous and discordant
charges, ranging from embezZlement and
| deceit 10 charges OF conspiracy Of i'm
mense magnitude.
In reply to a question from the Attor-
ney-General, Mr.. MacVeash admitted
that no objection as to the misjoinder
Of charges had been made in the court.
, martial. Mr.. Griggs suggested that the
objection should have been made at that
time. adding that he was expressing no
| opinion on the merits of the points al
issue.
Continuing, Mr.. MacYeagh said that
| only a fair trial was asked, and q fair
trial could not be had upon such a col
lection of charges as had been made in
the case.
STATUTE OF LIMITATIONS.
Mr.. MacVeagh also dwet upon the
point that the charges were brought not
withstanding the statute of limitations
He contended that the fragrant viola.
| ton of this act of Congress was SUI.
! ficient TO vitiate the proceedings" III,
| had no doubt that Captain Garter wa.
| convicted from the time he pleaded thi.
statute before the court, but this wa:
| done under advice and was at least le
Ultimate.
With reference to the checks issued by
| Captain Carter, Mr.. MacVeagh contend
ed that Carter could not under the law
have avoided their issuance. The sam,
was true of every act performed by hin
| in this connection not one act was Cd.
tionaL Speaking of the high prices paiC
| for service by Captain Carter Mr.. Mac
Veagh said they We're paid on letting:
after advertising, hence the profits of tn,
| contractors We're not legitimate evidence
| against the officer in charge. Moreover
in many instances, the prices paid wer,
no higher than those paid for similar
| service by other officers in like cases.
CRITICISM OF WITNESSES.
Mr.. McNeagh 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 wit
ness was represented as having received
the money on a check, which, IL had been
| charged, went TO Carriers account. A
third witness. who had been called as an
| expert engineer, was represented as hav-
/ ing sworn that he did not know the
difference between cubic yard and a
| square yard.
| TWENTY OBJECTIONS.
Summarizing, Mr. McVeagh gave TWEEN
| ty objections to the approval OF the YER
dict, as follows:
| !. The tumble OF incOngruous charges
| in contempt OF fundamental and essen
tial principle Of Jurisprudence, making a
fair trial impossible.
| 2. The incapacity OF the court TO OBJ
tain any testimony except that volun-
| tarily offered.
| 3. Such incapaclty, which explains in
part why the opinions Of mere ma
| jority OF officers, ordered by the Secre-
tary OF War to try particular case,
| have in law no force or effect whatever.
4. The contemptuous fiouting OF the
| GIL Article OF War
g. The reading and re-reading of wholly
| irrelevant specifications and checks. for
the sole purpose OF prejudicing the minds
| OF the officers OF the court martial.
g. Admitting evidence OF the rate OF
| charges paid by the contractors 10 me-
| groes for cutting and laying brush as
| evidence that Captain Carter was guilty
OF conspiracy.
RULES OF EVIDENCE.
Z. Declaring that the court was not
strictly bound by the rules OF evidence.
4 Allowing Cooper TO testify as 10 the
| cortarta NJ written PAPERS which Were