The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-03
CAPT. CARTER GETS A WRIT.
HlBEIS CORPUS OBTAINED FROM
JUDGE LLC0HBR.
Allegation Made That the Sentence Is Not
According to Statute or Constitution
tho Disjuuc tive Power of tho Commune
ton "Or" Sole Reliance of the Prisoner.

Allegation Made That the Sentence Is Not
According to Statute or Constitution
tho Disjuuc tive Power of tho Conjunc-
ton "Or" Sole Reliance of the Prisoner.
Judge Z. Henry Lacombe. OF the
United States Circuit Court. issued
writ OF habeas corpus last night for
Oberlin NJ. Carter. now a prisoner in Cas-
tie Williams, Governors Island. The writ
was issued on petition OF Abram ]. Rose, OF KEEL
logR, Rose & Smith. counsel for Carter. MrSRose
had said yesterday aitern Don that no applica-
ton for writ would be made on behalf
OF Capt. Carter. but late In the afternoon
something occurred to change his mind Mr..
Rose went to Governors Island to have his
client sign the petition himself but 1t was after
hours and he was Obliged to content himself
with sending word to the prisoner that appll-
cation for a writ would be made last night.
The petition sets forth the charges on which
Capt Carter was tried by court martial. and
then goes on to say that he has been Inn
prlsoned by virtue OF a sentence imposed on
him by a general court -martial. convened by
the President OF the United States. which SEN
tence is as follows:
And the court does therefore sentence the
accused Capt Oberlin NJ Carter. Corps Of En-
gneers U. s. A.. to be dismissed from the SER
vice OF the United States. to suffer fine OF
Sc. 900. to be confined at hard labor at
BnCn place as tne proper uuthoiRy
direct for five years. and the crime. punish
ment. 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 petition recites that the provisions OF the
sentence as to dismissal and degradation have
been carried out aud that the imprisonmaie s,t
10 oil the Articles OF War. Section 1912 OF the
Revised statutes OF the United States. that every
| han harn hAA
shall on conviction, thereof be punished by
nnS or may sGSn
Having, suffered the punishment q dis
radiation tr,ui Of the pnhcaton OF the crime and
punishment as nposed by said sentence. the
Imprisonment and detention OF said OberlIn
| further punishment and detention OF the said
Oberlin NJ. Carter and the carrying out Of said
q the consti.rI,Io a q, the United States OF
h's say To'd r the ko. sv EsS 'Hs sS'F
three separate puniShmonts;, r. each OF which
bassS Al Of the Others all T but tSs
that Of dismissal. are void. The, violation, OF
alleged consists s oss
when seen last night said that he thought the
writ would bring about tho release OF Capt.
The writ is to be served on Gen. Merritt and
Capt. Roberts. the commandqnt OF tort 90.
y,
to- morrow morning
1t is expected that who Capt Carter is sent
to Fort Leavenvorth another prisoner now
confined at Castle Williams. William \ her-
riam. who was arrested last July on the charge
Of larceny. fraudulent enlistment and absence
without leave while acting asa clerk at re.
| with him. Merriam stole a watch from n SOL
dier at tho recruiting Office. and was tried by a
court martial at Fort Hamilton in August. ;, He
| was sentenced to serve two years at Fort
II Cant Carter is accompanied by Merriam.
| Gen Merritt will probably direct Capt. Rob
erts Post Commander at Governors Island to
| detail a commissioned officer. n non com mis-
| stoned officer and two or three prvates as a
guard for the two prisoners.
| II was said Yesterday that Cant Carter would
| probably not wear the DISTINCTIVE army prison
srs garments until he reached Fort Leaven-
worth; The usual prisoners costume consists
| Of dark brown khaki trousers, a blue shirt and
| black felt hat on which are at first painted a
| number OF P's in red. When the prisoner is
| put on probation or becomes trusty the red
| letters are changed to white. If prisoner
| breaks his parole he is changed to the third
| class 81 prisoners and the letters are changed
| to yellow.