The San Francisco call., 1899-10-02
Application Will Probably
Be Made for a Writ of
Habeas Corpus.
THIS A LAST CHANCE
Suit May Be Brought Against the
Atlantic Contracting Company,
With Which He Conspired.
Special Dispatch to The Call.

NEW YORK, Oct. 1.-"Captain Ober-
lin NJ. Carter viii probably be taken
from Castle. William TO Leavenworth on
Tuesday or Wednesday next TO serve
the sentence of five years at hard labor
imposed by the court martial" said
Captain r. K. Roberts. commandant Of
Governors Island, to-day, The actual
time of his departure will depend upon
the orders received from Washington.
He is as much prisoner to-day as
though he were in the military prison
at Fort Leavenworth, except that he is
not wearing the clothing Of a convict
nor is he, engaged in hard labor"
J. only four visitors called upon Captain
Garter to-day. The first was Abram H.
Rose of the law firm Of Kellogg, Rose
d Smith, his lawyers Mr.. Rose re-
ma!ned with. him for some time. con-
: sulting about the unexpected turn in his
case and the legal. steps which may be
taken.
Strong e4ferts viii be madeto prevent
Captain Garter from being taken TO
Fort LeaVan5yQrth. and with the iQfiu-
ence and money which Captain Carter
has at.'his command, his friends hope
something may be. done that Will keep
him out of prison. An application for a
wfit+of habeas: corpus Will probably be
The first step taken in this direction.
If this, should fail, as many believe
will be the case. his last chance will
have disappeared. at least for the pres
emit There are those, however. who are
confident that Captain Carter Will not
serve out his sentence, because it is
said the influence of such men as Sen
atOrs Plat1. and DepeW of New York.
Bacon OF Georgia, Hanna of Ohio, Quay
Of PennSylVania:and Former Senator
SeWell of New. Jersey Will continue to
be exercised in his behalf
WASHINGTON, oct. lit developed
0-day that the Atlantic Contracting
Company, with which former Captain
ON Carter. is. said TO have conspired
IS poW pressing. a suit against the Gov
ernment in the Court Of Claims for
$500, 900. 1t alleges that these moneys
are dueit on account of work done at
Savannah. Ga, and at Cumberland
Sound and not paid for by the Govern
ment in accordance with the terms of
the contract under which it commenced
the Improvement. In view OF the facts
developed as a result of Carter's trial
and brought to light by his review, the
Attorney General proposes, il is under
stood, 10 formally deny the right Of the
company 10 the money.
Should Secretary Root. after reading
the Attorney Generals written opinion,
request 1t, Mr.. Griggs may determine to
file at the same time a counter claim
against the Atlantic Contracting Com
pany for 81 700 90, the amount which
Captain Carter is said 10 have stolen
from the Government as a result of his
conspiracy with the company. Should
the Attorney General decide not to take
this course, he may bring suit against
the defendant company 1t any point
where service can be made The civil
suit viii be separate from the criminal
prosecution in. case the Attorney Gen
eVal should recommend that an action
be brought against members of the
company. The latter proceeding will be
commenced either at Savannah or New
York. and the District Attorney Will be
directed to bring the facts to the atten-
ton OF the Grand Jury for the purpose
Of securing an Indictment. This action
must be commenced before next
August otherwise the statute Of limi-
tation Will operate to prevent the Of
Tenders from being br Jught to trial
An examination of the papers on file a
the department shows that the last
payment made 70 the company was in
August Of 1881. Under the statute of
liWitatiOn, an action for criminal Of
frnse must be begun within three years,
50 that the Attorney General will have
u be prompt in case the administration
should determine upon the prosecution
Of the company and its members.
It is expected that friends OF the COM
pany and its members will make every
effort to prevent their prosecution. but
tits appreciated that the circumstance
viii have TO be especially eXtenuating
- prevent such procedure in view Of
the fact that Carter has been found
guilty Of conspiring with The company
and VIII have to undergo a heavy pen
atty In the case Of Carter himself. it
would not be surprising to the officials
III he should invoke civil authority to Sc
cure al least a stay of the military SEN
tenCe. but so far as the military pro
c@edings are concerned they are closed
and cannot be reopened without the
consent Of Congress.
An order setting forth the charges,
Specifications. pleas. finding and SEN
tence Of the court. the recommendation
Of the Secretary of War and the Presi-
dents recommendation Will be made
public tomorrow. 1t will be sent by
The Government 10 every army post and
10 every company so that the entire
service viii soon be officially informed
OF CaTteT's disgrace.
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