Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-09-30
Verdict of the Court Martial Ap-
proved by the President.
10 Be IMPRISONED FOR FIVE YEARS
Sentenced to Pay a Fine of
$4,000.
T A Nj Gus CA Sc E n d z D

tied al last. Acting upon the advice of the
Attorney General, the President approved
the sentence of the court-martal before
which Captain Garter was tried, and
order issued by the War Department
for its execution. Although action in this
case has been expected for several weeks
past. the announcement of the Presidents
action today came as a great surprise to
the officers of the army generally. The
fact that the President approved the sem
tence as whole was somewhat unexpected
in military circles, where, on account of the
unprecedented length OF time given to the
consideration of the case, the impression
prevailed to a considerable extent that the
sentence would most PROBABLY be mitigated
at least to the extent OF relieving the offl-
of Imprisonment.
The general order issued by the War De-
partment in regard TO the case is purely
formal in character and consists merely or
a recitation of the charges and speciiica-
tions and the pleas thereto, the findings OF
the court on each charge and specltca ton,
the sentence OF the court, the Presidents
brief approval and the order of Maj. Gen.
Miles, announcing Capt. Carter S DISMISSAL
from the army and designating the military
prison at Fort Leavenworth, Kan, as the
place Of confinement.
Capt. Garter has been under technical ar
rest ever sine" he was ordered to trial by
court-martial He restricted in his
movements to the limits of the city of New
York, but was not otherwise denied any
of the privileges of a citizen. He had rooms
at the New York Athletic Club house. In
accordance with the general order issued
today, Capt. Carter was taken into custody
this morning by Major Simpson Of
the adjutant generals office and re-
moved temporarily to Castle William,
Governors Islard, N. Y, where he will be
kept under lock and key until arrangements
have been made for his transportation to
the penitentiary at Fort Leavenworth.
Sentence of the Court.
The following are copies of the official or
ders in the case made public at the
War Department.:
And the court does, therefore. sentence
the accused Capt. Oberlin M. Carter corps
of engineers, United States army, to be
dismissed from the service of the United
States. to suffer a fine of 5000, to be con-
fined at hard labor, at such place as the
proper authority may direct. for five years,
and the crime, punishment, name and place
of abode of the accused to be published in
the newspapers in and about the station
and the state from which the accused came,
or where he usually resides.
The findings of the court-martiai in the
against Capt. Oberlin NJ. Carter corps of
engineers L. S. A, are hereby approved as
to all except the following:
Charge IL, specifications Z, s, and 10.
Charge Ill, specifications B. 4, ), &, Z, 8,
IL and ID which disapproved. And the
sentence imposed by the corrt-martial upon
the defendant, Oberlin NJ Carter, is hereby
approved. ELIHU ROOT,
Secretary of War.
Executive Mansion. Washington, d. c.,
September %, 1899
Apl roved and confirmed:
WILLIAM MCKINLEY.
To Be Sent to Fort LeavenwOrth.
By direction of the Secretary of War,
Captain Oberlin NJ. Carter, corps of engi-
neers ceases to be officer of the army
from this date, and the United States peni-
tentiary, Fort Leavenworth, Kansas, is
e-,l,n, ,,la. for h,
where he will be sent by the commanding
general, department of the east, under
proper guard.
BY command of Major General Miles,
H. c. CORBIN, Adjutant General.
History Of the Case.
Charges were preferred against Capt.
Garter by Gen. John NJ. Wilson, chief of
engineers, December 13, 1897. These
charges were made after an investigation
by board of engineers of the river and
harbor works at Savannah Ga, and other
points in that district, which had been un-
der the supervision of Capt. Carter. The
charges mainly consisted of a declaration
that Carter had entered into a conspiracy
with the Atlantic Contracting Company, a
corporation and John f. Gainor, William t.
Gainor, Edward IL. Gainor, Anson NJ.
Bangs and other persons, devising and in
tending to defraud the United States.
1t was alleged, in the charges, that Car
ter and the Gainors had defrauded the
United States out of from $1,Guoooo to S.
o0o.000.
The charges resulted in a court-martial,
which lasted several months, and which
was presided over by Gen Otis, COM
manding in the Philippines. The judge ad-
Nocate of the court Col. Thomas +.
Barr, and the court itself consisted of Off
GERS in nearly every branch of the service
and of high rank. The trial resulted in a
verdict of guilty. Ex-senator Edmunds
&C Sidered and filed opinion in the case
and it was afterward referred to the At
tcrney General
While there briefs filed by the at
torneys of Captain Carter, and a supple
mentary brief by Colonel Barr in behalf
of the government. 1t was only a few
days ago that Mr.. Wayne MacVeagh SUBJ
mitted final brief and argument IN behalf
of Captain Carter.
The case has attained widespread no.
toriety, on account of the long legal strug
gle as well on account of the financial and
social standing of Captain Carter 1t is
said that no such consideration and no
such amount of time has ever been given
previously to a courtmartial case. The
reference to the Attorney General was also
something unusual, but this action was
taken, it is said, to give the officer every.
possible opportunity to prove his innocence.
The charges which are disapproved ars
of minor Importance, and relate to smaller
items of river and harbor works on which
it was alleged Carter had defrauded the
government. The main contentious of the
prosecution are sustained.
Arrested in New York.
NEW YORK, September a0.-Captain
Oberlin NJ. Carter was arrested early today
in this city by Assistant Adjutant General
Simpson, VINO came on specially from
Washington for the purpose Captain Car
ter was taken to Governors Island and
handed over to Captain B. X. Roberts, the
commanding officer with orders to keep
strict guard and put Captain Carter in close
confinement. Captain Carter is now in one
of the upper casemate cells in Castle W4A-
lam.
He will be notified of his dismissal from
the army and will be handed over to the
civil authorities in New York. l.. L. Kel-
logg of the law firm of Kellogg, Rose &
Smith called upon Captain Roberts and
asked permission to see Captain Carter.
Mr. Kellogg refused to make statement
on behalf of Captain Carter.
To Command the Indiana.
Capt F. w. Dickins, assistant chief OF