New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-10-21
CARTER WRIT DISMISSED.
HIS COUNSEL WILL APPEAL TO HIGHER
COURTS.
APPLICATION FOR ADMISSION TO BAIL TO
pr vADE-VDGE LACOMBE's OPINION.

APPLICATION FOR ADMISSION III BAIL ~
BE MADE-JUDGE LACoMBE's OPINION.
The writ Of habeas corpus in the case OF OK
CAPTAIN Oberl!n VI. Carter convicted by court
martial OF conspiracy to defraud the Governments
was dismissed yesterday In an opinion hahneu gov"
by Judge f. Henry Lacombe. OF the United states
circuit Court IN which he sustains the sentence OF
the military tribunal. Judge Lacomhe Instructed
counsel TO attend at the opening or court on Mon
day next when the order may be signed. ana III
case an appeal is taken the proper Instructions
may be given c,,
Mr. smith Of the firm OF Kellogg Rose smith.
counsel for Carter. said yesterday that they would
probably take appeal to the United states '".u''
Court OF Appeals and minated that IN case % al
adverse decision there the case would ne cd'''c'
to the United States Supreme Court
Army officers when told that Carriers counse'
would proba bly, appeal the case to the hisher cou'
expressed surprise.
1T is TO he expected that they will do So sain
one. Their evident purpose is to proong the case
as far IS nossible with an eye to the statute OF
limitations and in the mean while to get carter out
under bail
Carter was told ~ the decision yesterday morn
ing He received the calmly and at once en-
tered into long consultation with ono o. MS '""',
sci 1t is said that he has great nope OF oe'"s au-
n1itted to hail within short time.
The sentence Of the court martial was that carter
he dismissed from the service of the United States
suffer q fine OF s. Ol0 he confined at hard labor al
the Fort INavenworth military prison for I'VE years
and that the sentence be published In MS nome
papers.
Carriers counsel conceded that the court mar'ai
had Jurisdiction in the offences charged against MN
and also that the proceedings OF the court MAJ
were regular but It was contended that the cour,
martial war without power to impose the four sep
arate nunishments although II might have imposed
any one OF them. When application Was maze io'
the writ the first punishment dismissal from the ser
vice Of the United States, and the fourth PupHcd''o"
Of sentence. had been carried out. subsequently
Carter also paid the fine and contended that pun
ishnent having been imposed in the aggregate when
the statute authorized its imposition only III .n
alternative the power OF the court was at an emu.
The important question was Wne,neF ,' ~ The
martial had tho power under 'he ta.su,n,i,, for
United States to impose "A sentence ihhlc''"s LOU"
peJI,m@dir acombe holds that to sustain this argu-
ment IL was necessary for counsel to dispose OF te
conviction and sentence 9ndep 'y secton AS Of
the Revised United states Statutes IN Vipi"mh H..
uses for which Captain Carter dsbursed money "sre
no, Tor military purposes. and therefore that tle
covered hy the LAlld Art nor, msrti
Had the court martial held that the money, Wa
disbursed for military purposes me cas' ~ ne
p@naitv for violation of the LXId Article pTovdinss
Tor punishment, by fine or mprsonm,ent or a ~
other punishment as the court martial may d"J'"e
Judge Laconbe concludes
II must be held therefore that the court MARTA
having found the rcla,or guilty OF me H. bsrre
cation under the fourth charge. and or tna Gndi
had statutory authority under Article LHiIn andd
Section 5,4sS 10 impose penalty OF no'h me anu
imprisonment
Washington oct ao-It is said at the War De-
nartment that Carter will not be taken at once 10
the penitentiary bur will await the outcome OF aP-
peals and an application for bail The right OF ap
peal in such cases IS recognized as unques,
~, The military officers and II Is said the flrst ap-
neal in behalf % Garter will he 70 the circuit QUIZ
Of Appeals and after that 10 the hlt'H S'h,y ~,
Snnrtrne Court The hearing Of these appeals VIII
lake some months In the mean time. on nFNt MON,
day the application FOR Carriers release on pall WI.
he heard In case bail is allowed 1t Will operate
throughout the appeal proceedings