The Savannah morning news., 1901-01-13

the brief Of Mr. Erwin IS It's discussion
OF the attack made by counsel for the de-
PENDANTS upon Mr.. r. F. Westcott, the
father-in-law of former Capt. Carter.
whose evidence against the alleged con-
spirators was damaging in the extreme.
The crogs-examination Of Mr.. Westcott
was conducted by Mr.. Kellogg and the
witness was charged by counsel By inti-
nation during the progress Of the exam
ination and directly and explicitly in the
course Of the argument, with being part
ner with the defendants and a sharer in
the spells.
Such extracts from the wordy battles
between Mr.. Kellogg and Mr.. Westcott
occurring during the examination Of the
latter by the former, as the following, are
given in the brief:
THE witness: You are afraid to let me
explain
Mr.. Kellogg: STEPPED in guilt as you
are. / am not afraid Of you
or again
Mr.. Kellogg: I object TO it. I don't
see how you can allow that He has
turned states evidence here-an informer.
Mr.. Erwin: It's a big admission to
say a man. has turned states evidence.
Mr. Kellogg: That is what he has
tried to do. An informer on his son-in-
law. The most disgraceful thing ! have
ever seen
The witness: I would not do such a
thing"
Mr.. kellogg: You have done IT.
The Witness: No, sir; you lie If you
say that"
THAT r. F. Westcott allowed himself
to be used by Carter in a way that no
prudent man ought to have allowed, can
not be disputed" says Mr. Erwin. Bot
in considering this, his situation relative
to Carter must be considered. He Is an
Old man He had retired from all active
business in 1890 before Carter married his
daughter. He was evidently not only
proud of Carter. but very fond Of him, and
regarded him as his son-in-iaw even after
his daughters death, in 1892 "
Counsel for the defendants attacked Mr..
Westcott bitterly, and endeavored 70 show
that the large number of securities that
had been purchased through New York
brokers had been purchased for him and
not for Carter. This effort was made
with great earnestness, with particular
reference to the purchase Of two hundred
shares of Delaware, IAcka wanna and
Western stock and two hundred shares of
Delaware and Hudson stock
It was shown pretty conclusIvely at the
hearing before the commissioners and
largely by the evidence of the witnesses
for the defendants, that this stock was
purchased for Carter, and not for West
cott and that Carter collected the diyi-
dends aud spent the money The stock
had been bought with his personal check
and the certificate issued in his name.
Moreover" says Mr.. Erwin, 'fthe iden-
tical Delaware and Hudson stock was In
cluded in the satchel of securities turned
over by Greene 10 Westcott when 1t was
thought Carter might be arrested, and
was included in the receipt given by Car
ter to Westcott, Oct %, 1897.
Securities Disappeared.
Now the securities included in these
receipts of Carter to Westcott, aggregat-
ing some $4l4,4S7.5O in value completely
disappeared at that date, so far as the
government was able to trace them. But
after the governments case was closed
on the direct examination, we traced by
the collection of proceeds of sale or by
collection of coupons on the specific Sc
curities, $1620n.25 in value of these Sc
curties to the hands of Kellogg & Rose
Carter's attorneys, the collections run,
ming up to Nov. IA, 1900, within five days
of the closing of the taking of testimony
in this proceeding.
Dig Mt Defendants Counsel
How many more Of these securities
they may be collecting the interest on fol
Carter or for themselves, the evidence
does not show. But if these securitie.
were Westcott's and not Carriers, what
were Kellogg & Rose, Carters attorneys
doing with them?
THE possession of the corpus delict
is a fact that throws a strong light or
the question of who claims beneficial
ownership. But this is not all While
Mr. Kellogg was, by his cross-examina
tion of Mr.. Westcott, trying ap-
parently to prove that both the
Delaware, Lackawanna and West
ern stock and the Delaware ano
Hudson stock had been transferred by
Carter and Westcott, the fact that Mr.
Kellogg himself had sold the identical
Delaware, Lackawanna and Western
stock, on Nov %, 1897, through Kendall
& Whitlock, brokers, and the proceeds
$21, SIS had been paid over to him. make
no further comment" says Mr.. Erwin in
conclusion, than to say Mr.. Westcott is
vindicated." Some slight comment, how
ever. is supplied by the fact that Mr..
Westcott's name is printed in italics
The fact that Mr.. Kellogg had had this
stock in his possession came out during
the last days of the hearing. He never
afterwards appeared before the commits
sloner.