St. Paul daily globe., 1890-03-14
A Colored Soldier Who Got
a Ninety-Nine Years
Sentence
Released by the President,
Who Declared His Trial
a Travesty.
Another Illustration Of the
Methods in Vogue in Army
Courts.

Harrison and Army Reform" will be-
the political slogan of the enlisted men
OF the department of Dakota, hence
forward. The president has again found
1t necessary to intiiet crushing rebuke
upon the army methods of this deparr-
ment, though this time the blow falls
upon Gen. A. Fl. Terry, now retired.
There have been many stories in the
GLOBE recently, of unduly severe court
martial sentences, but the climax was
reached in the case of Lewis Carter,
who was given a sentence of ninety
nine years at Saltwater. Yesterday
President Harrison issued an order lib
Grating Carter and extending to him a
full pardon, which carries with it a
severe reprimand, but 1t is understood
further action will be taken in the mat
ter by the executive.
Readers of the GLOBE will doubtless
remember the account five years ago OF
the conviction of Carter but at times
the inside history of courts martial had
not been exposed and it was taken fog
granted the verdict was righteous one.
But f. l.. McGee, the colored attorney.
took the case in hand, looked I'D the
testimony and proceedings and laid
before the president such a strong case
that the pardon followed. 1t disclosed
that not only was Carter probably inno-
cent but the trial was unfair, prejudiced
and manifestly. unjust. 1t appears that
Carter applied to the first sergeant
and obtained leave of absence to
go to Minneapolis. He started off, walk
ING up the railroad. Shortly afterWard,
charges were preferred against him and
a mounted guard, sent after him, ar
rested him near Minnehaha. On his re-
turn he was told that he was charged
with having outraged and robbed a
West st. Paul woman and then deserted!
Gen. Terry, then commanding this de-
partment, detailed court martial, of
which Capt. BentzOni, who preferred
the charges, was president. Carter was
arraigned and speedily tried. The only
witness he had was eomrade named
Carr, but his testimony was rejected,
Carter convicted of every charge and
given ninety-nine years, OF life sentence
at Saltwater. This is, in brief, The
story of the case.
M'GHEE's STORY.
Attorney McGhee was seen by a
GLOBE reporter last evening and asked
If the story of the pardon was true.
''Yes, SIR" said he, land if you had
been here few minutes sooner YOU
could have seen the man himself" Nc
Ghee is an intelligent talker and when
asked to relate the facts said: II was
engaged to look the matter up about a
year ago. l found the woman upon
whom the robbery, outrage and assault
was alleged to have been committed
living in West st. Paul. She stuck to
the story that she had been assaulted,
but could give no satisfactory or intel
ligent account of the circumstances.
She wrote letter and gave
it to me, recommending the
pardon by the president L then made
further inquiries, and learned that the
offense was alleged to have been com-
mitted Sunday at about noon in an open
field near Fort Smelling. James Carr,
member of Carter's company, was
with him at the time; and, according to
the story Of the woman herself, was
within 100 steps and in full view at the
time Of the alleged offenSe. The woman
went to the house of German family
named Charles HohaX, short time
after the time the OffenSe was said to
have been committed. 1t was raining
that day and the ground was muddy,
and yet there was no mud on the
wOman'S clothes, or any other indica-
ton that such an Offense as was
charged been committed. These
fact were shown by the HOhaX
family. On the next day Carter
and about dozen other soldiers got
leave of absence from the first sergeant
to go to Minneapolis for the day. Carter,
in company with comrade, started to
walk to that city. Captain Charles
Benzoni preferred the charge against
Carter. He was at that time officer of
the day and
ORDERED HIS ARREST.
Some one remarking in his hearing that
Carter was seen on his way to Mime
apolis, mounted guard was dispatched
to arrest him, which was done about
two miles from the fort. The charge
of desertion was added to the others.
Being absent on leave OF the first SER
geant was not deemed eufficient to
a0quit OIL the charge of desertiOn. Cap
tain Benzonl not only preferred
the charge but was one of the
witnesses and the first member
named upon the court martial. Carr,
who was with Carter at the time the Of
fense was charged to have been COM
mitted upon the woman, was not per-
mitted to testify at the court martial,
although his testimony was offered.
The grounds upon which asked for the
pdruOn were Jnat tne story tOlu Dy tne
woman was very improbable and incOn-
sistent. | also insisted that fair trial
on the charge of outrage, robbery and
assault had not been accorded. There
was no evidence to support the charge
of desertion. Carter did not know that
the charges had been made against him
at the time he started for Minneapolis
upon leave. The president was satisfied
that great injustice had been done, and
considered the action of the court mar
tial as being reprehensible."