The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-05
CARTER HABEAS CORPUS.
TRYING TO SNOW THAT HIS I'M
PRIsONMENT WOULD BE ILLEGAL.

Prisoner In Court-Hia Counsel Says He
was Really Convicted Of Ono Offer ce
Only, Not Punishable by Both Fine
and Imprisonment-Dscisio Reserved.
The hearing on tho writ OF habeas corpus for
the production In court OF ex-Capt. Oberin
NJ. Carter. sentenced by court martial to fine.
imprisonment and degradation. came on before
Judge Lacombe In the United States Circuit
Court yesterday. Carter, whose counsel holds
mat his sentence to fine and imprisonment Is
illegal. was brought into court in charge OF
capt. Roberts and an artillery corporal He
was the handsomest man in the room. He 10
tall and OF good figure. His hair. tho least bit
gray. was parted in the middle. His eyes are
blue and brown mustacho droops over hia
mouth. He wore light gray suit. low tan
snoes. n high turnover collar. black satin
bow tie and lavender colored shirt. His face
was tanned and he seemed to be In excellent
health. Capt, Roberts and the prisoner sat
side by side among the counsel.
The argument OF Abram ]. Rose. counsel for
Carter. was that the four counts on which Car
ter had bsen convicted we're practically one.
being all based on the allegation that he had
caused money to be paid out on government
contracts upon fictitious and fraudulent ac-
counts The four counts were: Conspiracy to
defraud: causing fraudulent claims to be made
bszzlemont. OF the Articles OF War under
Article 80. under which this one offence 10
punishable. tho court martial can fine or inn
prison. or infict such other punishment
tother than fine or imprisonment AZ 1t may sd-
Judge. but cannot both fine and imprson. In
addition. Article 100 provides that when an
offlcer 10 dismissed from the service for coward
ice or fraud the sentence shall further direct
that the crime. punishment name and place
OF abode OF the delinquent shall be published
In the newspapers in and about the camp and
In tho State from which the offender came.
or where he usually resides; and after
such publication 1t shall be scandalous
for an officer to associate with him"
Article. 81 provides that any officer convicted
OF conduct unbecoming an officer and gentle
man shall be dismissed from the service:
ali disorders and ns9lects which offieors and and
good order and mil !tary discipline. not men
toned In any foregoing article OF war" which
are punishable at the discretion OF the Court.
Mr.. Rose then made the point that the en-
cd by Article 82. was specifically described in
Article ~. and that Article 50 plainly related
Sn S oG R9%n ANY Ss ed Ge
illusions OF the court martial to be correct. the
counsel argued. that body had authority to dis
prison under Attic . 81. but !. not both to One
W rs mas Deen uOne mere.
Lieut. Col. Clous. Judge advocate General OF
Department. Of the East. began his reply with
q euloey OF the character and ability OF the
officers com posing the Carter court martial.
Judge Lacombe cut short the somewhat
sonorous remarks Of the Judge Advocate. Gen:
eral with the remark that nobody questioned
the standing OF the court-martial Col. Clous
brought In a great number OF authorities on
military law and usage. among them the de-
csion Of the Supreme Court that . military
court IL not liable to civil courts on questions
OF Judgment, nor are its errors REMOVABLE by a
civil court. For century. he said. American
military courts had imposed sentence as a
whole not specifically in accordance with the
separate counts Of the general Indictment.
This PRACTICE We derived from English army
usage. The prisoner had been found guilty OF
four separate offences and q penalty could be
i'm posed for each. Article 81. under which he
had been convicted OF en- Involvement. provided
for both fine and Imprisonment.
Mr.. Rose here interposed to say that II such
practice he wrong it could not be binding on
the Court. He asked how the prisoner. Il he
served the penal sentence imposed upon him
in accordance with Article 90. could be secure
from another trial under the provisions Of
Article 80. Judge Lacombe took the briefs
and reserved decision.