The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-11-24
HEARD CARER GAS
Judge Thayer Takes Mat
Under Amusement
PRISONER WAS NERV0U
Frank P. Blair Attacks tn
Court Martial Sy stem.

I,szyenWorth, Kan, Nov. &.-Tne "a
beas corpus proceedings brought by Ii
attorneys Of Oberl III. Carter. late cap
tain o fengineers, Z. S. A, 10 SHOW
cause Why Warden McClaughley OF II
federal prosecution should not release IN
prisoner, were openel in the Unite,
States district court here today. Judge
Amos Thayer of st. Louis sat with Judge
Hook Of this city in the case.
Carter was brought from prison to the
court room In an ambulance unattendec
save by Warden BfcCIaughrey. lie ap-
peaTed sef-possessed as he took his sea-
and avoided the gaze Of the spectators
who crowded the room. The ex-captain
was attired IN new black suit, which
the warden had, at the prisoners earn
est solicitation permitted him to substi-
tute for his prison garb. His hair and
heavy mustache were much grayer than
before he began serving his term, and his
face was wan.
Frank P Blair Of Chicago and Con
gresham GrOvesnor of Ohio appeared for
Carter while Colonel J. W. CIous, depu-
ty judge advocate general OF the army.
and District Attorney I. Z. Lambert anr
his assistant, h E. Bone, represented
the government D. S. Carter OF Hi
rois. an uncle Of the prisoner. was in the
audience.
Judge Thayer limited Carters attor-
neys to three hours and the government
TO two and one half hours argument.
Attorney Blair opened for Carter. whose
conviction, he alleged, was Illegal, mas
much as It should have been secured
under the sixheth article of war instead
Of the sixty-second.
Carter showed light nervousness as the
hearing proceeded, his eyes went quickly
from his attorneys to the judges and
occasionally ne took notes OF the argu-
ments. When the court convened at
O'Clock, Colonel Clouse began the argu-
ment in behalf Of the government. In
reply to Mr.. Blair Colonel Clouse con
tended that the court martial was com
petent to decide under which charge the
prisoner should be &ied and that its 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 Of
tense. In his opinion, Carter Is now
held public prisned Of the United
States as an offender against its laws,
the court martial retaining Jurisdiction
for all purposes Of trial, Judgment and
execution. The matter Of the sentence
standing unchanged in spite OF disap-
prevail Of several OF the specifications on
which Carter was found guilty. Colonel
CIous held was in accordance with Gus
tom.
Blair made the concluding plea for Car
ter. He attacked the policy Of the gov
eminent in the practice of trying mem
bers OF the army by court martial Blair
said that in this case not the liberty OF
one man alone is at stake but the lives
and liberty Of hundreds Of others.
1T Is time that this practice should
cease and all be given a civil trial. said
Blair. IF my client Is released he viii
at once proceed to Savannah Ca, and
give himself up 10 the civil authorities.
confident that he win be indicated"
At tn conclusion Of the arguments
Judge Thayer announced that ne would
take the case under Amusement and then
a adjourned court. Carter was somewhat
disappointed but after a short confer
ence with his attorneys he returned to
the federal prison to await the decision.
J. Odgers Of Frostburg. Nj, writes:
II had very bad attack OF kidney com
plant and tried FOLEY's KIDNEY
CURE which gave me immediate relief /
and I was perfectly cured after taking
two bottles" Take no substitute. g.
400 z. Douglas; Geo Van Wer- |
den. 333 n Main: Wichita Drug Co