Barbour County index., 1900-12-19
REMANDED TO PRISON.
Captain Carter's Effort to Secure Freedom
Fails.


Topeka, Kas., Dec. 1O.-United
States Judge Hook today dismissed
the writ of habeas corpus in the case
of Captain Oberlin M. Carter and re-
manded the petitioner to the custody
of Warden McLaughry OF the military
prison aJt Ueavenworth. Judge Hook
WROTE the opinion in the case, Circuit
Judge Thayer coucurring. After the
Blair, attornev for Carter served
notice of am appeal to the United
States Supreme court, and asked that
the record be completed as quickly as
possible. Judge Hook said THAT the re-
quest would be granted. The opinion
follows in part:
"Thfs is proceeding in habeas
corpus. The writ having been al
lowed, the cause ARISES on petitioners
demurrer TO the return thereto. Ober.
aan M. Carter, who was captain In
the corps of engineers of the United
Skates army. was tried before gen.
eral count martial which convened at
Savannah, Ga, upon four charges Of
violation of the articles of war, and
uhirty seven specifications thereunder
He was found guilty. of the offenses
set forth i'm sixteen of the specifiea
mous, and of the four charges which
the specifications supported. In ac-
accordance with the practice in such
CdbunalS the cCurt-mar.i2a imposed q
humping sentence and diudged the
accused ito be dismissed from the
service of the United States, to suffer
time of So 600, to be confined at hard
labor at such place aS the proper
authority may direct for five years.
AMID the crime. punishment, name and
place of abode of the accused to be
published in the newspapers in and
about the station and i'm the state
from which this accused came, OF
where he usually resides
'The charges preferred against
Carter before the courtmaliIial, and Of
which HE was found guilty were:
Fdrst-Conspiracy to defraud the Unia
ted States, I'm violation of the sixtiath
artncle of war. Second-CauSing
false and fraudulent claims to b
made agi2inst the United States In
wOIation of the siXtieth article of
war. Third-Conduct unbecoming am
officer and a gentleman, in violation
OF the siNty-frst article of war.
Fourth th-embezzlement as defined am
section 54sS, revised statutes of the
United States, in violation of the
ANty-second article of war.
"In this case what was confirmed
by the president is sufficient, under
the law, ITO Justify the punishment in
flicted. This disPoses of all the OBJ
jections that merit consideration. The
writ of habeas corpus Will therefore
be dismissed and the petitioner, Ober.
hin. M. CaIi,er, is remanded to the
custody of the respondent"
Jeavemworth, Kas, Dec 10.-Ths
decision in the Carter habeas corpus
case was received at the federal prison
at a quarter to tonight. Captain
Garter had already retired to his cell.
He was sent for by Chief Clerk Macy
and told of the action of the court.
The captain appeared very much
broken up over the opinion of the
court, expecting an entirely different
result. He had but little TO say and
It once retired TO his cell.
What i the difference between q
+ pig and pug?" askei the funny
boarder. Just the difference be-
tween u ard j." replied the ungram
matical bluBt-nosed man, who always
came i'm late to his meals.