The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-01
CAPT. CARTER IN A CELL.
TH1 PRKSIDENT LPPH0TKg THE
CoURT-MIRTLALS SENTENCE

The Captain Arrested In This City and
Taken TO Governors Island-Dismisssd
From the Army, to Pay $4,000 Fine,
and to BE Imprisoned Five Years in
the Psnitentiary at Fort Leavonworth.
WASHINGTON. Sept. so.-The case Of Capt.
0berlin N. Carter OF the Engineer Corps Of the
Army. con vioted In April. 1898. OF conspirinR
TO defraud the United States Government has |
been fn ally disposed OF by the President. and |
orders have been issued directing the eIecu-
ton OF the sentence OF the court-martial. The !
Presidents approval OF the finding OF the court |
that convicted Capt. Carter has met with gem |
eral approval In army circles. It Is accepted |
a. q clear vindication OF the military court OF
which Major Gen. Elwell 8. Otis was chairman.
1t was. however. totally unexpected By the
friends and counsel OF Capt. Carter. who. after
the argument Of Wayne Macveagh before the
Attorney Gen eral on W ednesday. fully expected
that trial before civil court would be granted
Capt. Carter.
The case OF Capt. Carter was Of more than
usual interest to the officers OF the army.
Capt. Carter was for q long time general
fsvorits among the officers OF the Engineer
Corps. It was more than a surprise to his
fellow officers when It was charged against
him that he had oonsplred with contractors to
dsfraud the Government In the contracts for
the i'm provement OF tho harbor at Savannah.
Gen. John III. Wilson. Chief OF the Engineer
Corps. was thunderstruok whom Capt. Gillette.
who had been sent to Savannah to relieve
Capt. Garter. requested permission to
como to Washington to lay before the Chief
OF Engineers statement regarding
the contracts entered into BY Capt.
Carter. The latter had the implicit confidence
OF the War Department but Gen. Wilson mme-
diately directed Capt. Gillette to proceed to
Washington. Then followed charges OF irregu-
arities, which resulted In the arrest OF Capt.
Carter and his trial by military court.
which, after four months hearing.
agreed upon . verdict Of guilty" and SEN
fenced Capt. Carter to be dismissed from the
service OF the United States. to pay fne OF
S.. 1000. TO be confined at hard labor for
period OF Eve years. and to have tho disgrace
made more ignominious By the publication OF
the courts findings in newspaper or news
papers where Capt. Carter was known. It's
this sentence which President Mckinley ap-
proved and the arrest OF Capt, Carter In New
York followed.
The Presidents approval OF the findings Of
| the court-martial bears date OF Sept %. The
| War Department in announcing the order for
| Carter's dismissal and imprisonment made
public for the first time the text OF tho sem
tence i'm posed BY the court-martial seers-
tary Roots action on the findings Of the court
martial was made public also. Tho statement
And the court docs therefore sentence the
accused Capt. Oberlin NJ. Carter. Corps OF En-
| gipeers, United States Army. to be dismissed
| from the service OF the United States. to suffer
| hne OF 5000. to be confined at hard labor at
! such place as the proper authority may direct
| for Eve years. and tho crime. punishment.
name and placs OF abode Of the accused to be
published In the newspapers in and about tho
station aud the States from which the accused
| came or where he usually resides.
The findings OF the oourt-martial In the
matter OF the foregoing proceedings against
Capt Oberlin N. Carter, Corps OF Engineers.
United States Army. are hereby approved as
to all except the following:
Charge II. specifications z. and and 10.
Charge ILL., specifications 3. 4. 3. y. Z. D. IL and
70, which are disapproved. And the sentences
imposed by the court-martial upon tho defend
ant. Oberlin N. Carter. 10 hereby approved.
'ELIHU Roof. Secretary Of War.
EXECUTIVE MANSION. WASHINGTON. Sept. %
Approved and confirmed.
WILLIAM MCKINLEY.
by direction OF tho Secretary Of War. Capt
Oberlin II. Carter. Corps OF Engineers. ceases
to be an officer OF the Army from this date and
the United States penitentiary. Fort Leayen.
worth, Kan. Is designated as the place fol
his confinement. whore he will be sent by the
Commanding General. Department OF the East
under proper guard.
by command OF Major Gen. Miles.
H. c. CoRBIN.
, "Adjutant General"
The specifications In Charges H. and III. dis
| approved OF by tho Pres dent. were not sum
ciently important to seriously affect the cas-,
against Capt. Carter In Charge III. speciflca
ton Z, related to charge that he prepared
| pay roll for certain alleged laborers knowing
the same to DO false. Specification ALLEGED
! that false claim had been paid the Atlantic
. Construction Company for the alleged con
strueti9n Of pi.ing. while twenty,sGht fee
: piping. but the driving OF seven Ruid,
piles. for which the company should hay,
: The same claim that he had paid for the guild,
piles. which were for the convenience of TIT
, I'm In Charge Ill specification 3 alleged tina
Capt; Carter had made false ,,, stateme n
soundings having been made. which showed
that 3UU, 900 instead OF 2OO,OUO yards OF mat
TST have 81 ~ eD
> Specification 4 charged the payment O
: | certain alleged persons as laborers none o
, whom had rendered any service. Specification
5 referred to expenditures for material i
= ncations and T.
t1ss caG c Ssss s:
9 received from one Alfred Hirt on account O
delay in returninga diving OUTFIT.
| SpeclucaLlOu - was 10 lnc street lndJ IN
4 | personal report 10 the CHIEF OF Engineers h
/. reported himself present at his station from
!. | March to -. 1897. and that such report wa
false as he was absent from his station. il
d New York. and that his report was intended I
l. deceive.
a For exactly ono year and Ave months tn
a friends and counsel OF the convicted man hav
a sought to have this sentence disproyed Th
2 greatest pressure was brought to bear upo
a the President to order u revision Of the case
9 Finally the matter was referred to the Attor
o ney-General for review. carriers attorney
n attacked the legality OF the findings OF
a military court. The Judge Advocate OF tn
"a court replied by written argument. Final
h another hearing was granted Wayne Mac
VeaRh representing the convicted man. an
in an oral argument he again point
irregularities in the trial. Rules OF evdenc
had been disregorded. he said: and the tri'
n was not fair AUD lust according to the rules {
Carter before civil court. Attorpcy-Gener'
" | GrigKs had made most exhaustive study
. the case An expert accountant had been ON
. ployed to go oyer the accounts in, the matter
10 contracts for the improvement OF Cum berlaG
n Bound His reDOrt was received several week