Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1900-12-01
CLAIMS ne HAS BEEN SACRIFICED
Carter MAXI. nlm.sif Out Ano.hsr Dreg

~>~>A&
Carter nrAkes Himself Out Another Drey.
fas In q Statement to tho Public
Leavenworth, Kan, NOV. 2e.-The ha.
beas corpus proceedings brought by the
attorneys Of Oberlin M. Carter, late
captain OF engineers. United States
army, to show cause why Warden Nc
Claughry. OF the federal prison,
should no release the prisoner. were
opened In the United States district
court here yesterday. Judge Amos
Thayer, Of st. Louis. sat with Judge
Hook, of this city, In the case.
Frank p. Blair, of Chicago, and Con-
gresham Grosvenor. OF Ohio, appeared
for Carter, while j. w. Clous, deputy
Judge advocate general of the army,
and District Attorney L: II. Lambert
and his assistant. H.. e. Hone, repre-
scented the government.
d. s.. Carter, OF Illinois. an uncle OF
the prisoner, was I'm the audience.
Judge Thayer limited Carriers attof.
neys to three and the government 10
two and one-half hours argument.
Attorney Blair opened for Carter,
whose conviction, he alleged, was IL
,eSal inasmuch as II should have been
secu' ed under the sixtieth article or
war, instead Of the sixty-second, and
that when the president disapproved
several findings in a eouftmartial the
full sentence by the courtmartial
.eased to exist and It's execution was IL
egal and void. He also argued that
ni!en Carter paid a fine and was dis
.issed from the army and degraded,
me power of the c~ourtmartlal was ex-
austed and bore no right to u i'm
prisonment,
In reply TO Mr.. Blair, Colonel Clous,
In behalf Of the government, c~ontended
that the court-martial was competent
TO decide uhcer which charge the pris-
oner should be tried, n that It's de-
cision was not subject to review by any
other court. He further argued that the
conviction on four charges for the same
act was not four convictions for one
offense. In his opinion. Carter Is now
held a public prisoner OF the United
States as an offender against It's laws,
the court-martial retaining Jurisdiction
for all purposes OF trial, judgment and
execution. The matter OF the sentence
standing unchanged in spite of the dis
approval Of several of the specifications
on which Carter was found guilty.
Colonel Clous said, was In accordance
with custom.
At the close OF the argument, Judge
Thayer announced that the case would
be taken under advisement. and he Will
notify attorneys when ready TO hand
down a decision.
Attorney Blair asked that In case
Carter Is discharged he may be per-
mitted TO go without guard TO Savan-
nah, Ga, to surrender himself for trial
Under the indictment found against
him there by the grand jury a few
months ago. Carter was remanded to
the federal prison. A decision Is looked
for In about n month.
Carter Makes IA Statement.
Mr.. Carter has given out the follow
ing statement for publications:
Until this movement have never
authorized an interview, and you VIII
understand that considerations or deli
cacy and propriety forbid me saying
now one word concerning the matters
before the court. II seems man!festly
proper, however, hat / should give you
my reasons for in%stitutlng these pro-
ceedings. / am entirely innocent, and
shall not rest until my innocence,
proven at my military inquisition, Is
ofiC tally proclaimed. 1t was proven
that not one dollar cver came into my
hands improperly; that not n dollar
OF public funds was ever misappropri-
ated or misapplied by me- and that the
government was ncVer defrauded
through me In any manner whatever.
Mr.. Carter then quotes General
Craighill and other engineers to prove
that his duties were performed faith
fully and intelligently," and adds that
the only ground assigned by the attor-
ney general for his condemnation was
admittedly that Of pure suspicion,
not only unsupported by any evidence
but in direct conflict Herewith, and
has since beer shown In a court OF law
utterly false"
Good Name Dearer Than Life.
In instituting habeas corpus pro-
c~ccGings, therefore," he goes on, u
have an infinitely higher motive than
to secure mere libesy. What is mere
liberty or even life to a man Of my
aims, associations and ambitions; to q
nan whose life has been devoted TO the
aithful service OF his country and
whose good name is beyond price? ]
nave sought liberty because l am in
locent, and that l may have the OPP
portunity before health and strength
give way to obtain the legal vindica-
ton OF my character. I recognize that
a soldiers life is in the hands of his
military superiors and may be sacri-
feed by them at their will, but no gov
eminent has the right to permit mill
tary or pOlllCal power 10 SdCIlliSS the
reputation Of an innocent nan nc
matter whose errors or interests are
concerned; NC whose crimes are
sought to be shielded.
What becomes OF my body matters
little, for / am but one man, but II
does matter to this entire country tina
a man should have been denied q fall
trial and declared guilty when he Is
innocent, and that subsequently, on a
pretended judicial revSew OF the evil
dence, virtually on a secret retrial OF
lis case, at which he was not even al
lowed TO be present, 1t was confirmed
MY innocence, established even dur
ing my military inquisition, could have
been proven again publicly and with
absolute certainty long ere this had
not the means Of doing so been sup
pressed, but sooner or later, notwith-
standing the crimes Of my prosecutors
and the conspired clamor FOR the
shame of an innocent man, my vind,ca-
ton IS bound 10 come
In case the application for the writ
IA denied Carriers attorneys WI. APP
peal to the United States SUPREME
court.
lOCC REln Ran REATEN