The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-21
REVERSE FORCAPT. CARTER.
,rDgE LACOMBE DISMIsSEs THE
uRJT OF HIBEIs CORPUS.

HRIT or HAbEAb tUuFOos
uo.uIt tho Sentence of the Court-Mar-
,,i Nov Stands Approved-Little Doubt,
u,vever, That Carter VIII Appe al to the
Inttrd states Circuit Court of Appeals.
i,I,e H. Henry Lacombe in the l, ;.
crcp.t Court handed down a decision yester-
a,v morning diminishing the writ OF habeas
oorpY, in the case OF former Capt Oberlir
n carter who was found guilty by court-mar-
,j,lo' conspiracy to defraud the Government
and VA sentencsd to fve years imprisonment.
An. OF $1,000. In addition to being dismissed
from tho army and the publication OF the crime
and penalty. AS a result the technical e&-
o.pticns taken BY the defendant are over
,uled and the sentence OF the court martial
s,,rd, approved. At the same time 1t seems
rrobable that the final disposition OF the case
Ia, BY no means been reached.
Counssl for the defendant may still have re-
.o,-,, to appeals to two higher courts. while
,..nrisoner. at present confined in Castle Will
law. may. at the discretion Of the Court. be
,,lss,ed on bail. pending an appeal OF the ha-
bso, corpus writ. or on his own cognIzance. In
,ustody OF the Court or remanded to the Gus
al, n, those who have had him last in charge.
TnJg. Iacombe received the briefs filed by
,ha de,sndant's counsel. Abram j. Rose. and
n,,,rict Attorney Henry l.. Burnett on behalf
=, the Government. carly in the week. Tho
roint at issue has arisen from technicality in
thu sentence OF the court-martial when
s-ds,,d the former Captains dismissal from
a., army. his Imprisonment for term OF five
r..ra -, nne Of $1,000 and the publication OF
80 .rins and punishment. The defendant.
vbys ooncedng the regularity OF the Courts
nroc..d,ngs and the propriety of It's findings.
.ontsnds that the Court was without power to
impose four separate penalties. although it
might impose any one OF them.
Judge IAcombs argued that II the defend
ants promises were sound and the punish
mspts had been NJ posed in the aggregate when
tbs statute author ed their imposition only in
tho alternative. his conclusions were supported
nv hIsh authority Therefore the important
ouestion In tho case Is whether the court mar
ti,l. under the United States statutes. had
power to impose a sentence innicting these
four penalties.
Former Capt. Carter was tried upon these
four separate charges: First, conspirlng to de-
fraud the United States in violation Of the 10th
Article OF War: second. causing false and
fraudulent claims to DO made against the
United States in violation OF tho Goth Article
o,War; third. conduct unbscoming an officer
and a gentleman: fourth, embezZlemont as de-
fined in Sec. 54SS. Revised Statutes OF tho
United States. In violation Of tho 62d Article Of
War
The accused was found guilty OF each OF the
four charges. and the 6lst and Tooth Articles
OF War provide that. for conduct un becoming
an officer and q gentleman. dismissal and
degradation shall ensue At the time the writ
olhAbsas corpus was issued the former Cap
tain had bsen dismissed. degraded, and had
also aid his nne He did not. however. con-
tend that dismissal and degradation were uff-
cent grounds for his release but that having
psid 6t fine he was entitled b to invoke ,s t s
I. 3. 1883 on the theory that the court martial
had authority under the b0th Article OF War to
impose either fine or Imprisonment, but not
both
III opposition to this argument. Judge La
oOmbe hold that II became n ecessary for former
Capt Carter to clear himself of tho conviction
and sentence under the fourth charge: namely,
that of smbezzlemsnt as. defined in Sec LASS
Of the Revised statutes OF the Emitted States. to
the effect that every disbursng officer OF the
United states guilty OF embezzleme emit shall be
and authorized by the sixty second Article OF
War, which provides that all crimes N the
army net capital and not already specifically
lion o'the court martial
Judge ha.Smbe aid stress on the sTsum en- t
for which Cant Carter disenrsed money were
$%yern%sa, n"rSoy ' .%STSS:mea ats. nnGSi
TIA, IN the therefor. the covere
ishms1t At the discretion Of the court Sn
martial In consequence Judge LacOmb,
held. that tho court martial. having found tn,
accused guilty OF the first specification OF tn,
fourth charge. had statutory authority to i'm
pose a penalty OF both fine and imprisonment
and he therefore dism issed the writ.
Permission was granted the counsel for the
defendant to be- in court on Monday. when the
order will be signed and settled. and ia tn,
event OF an appeal being taken. proper in
structons upon remand will be given.
Mr.; HOSE said yesterday that he had abou
decided to take an appeal from the decision
and the case will then probably have a hearing
in the United States Circuit Court OF Appeal,
Oct 81. District Attorney Burnett. in speak
ing Of the proba BILE disposition OF the prisoner
said Y was not likely that bail would be &C.
cepted in such IN important case.