The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-11-24
MAKES A DREYFUS PLEA
OBERLIN vi. CARTER MOVES FOR
WRIT OF HABEAs CORPUS.
Points on Which the Action Is Based
Prisoner Issues n Statement Re-
affirming His Innocence.

LEAVENWORTH, Kan, Nov. 23.-The
habeas corpus proceedings brought by the
attorneys of Oberln NJ. Carter. late cap
tain of engineers. L. S. A. TO show cause
why Warden McClaughery. of the federal
prison, should not release the prisoner,
were opened in the United States District
Court to-day. Judge Amos Thayer. of St
Louis. sat with Judge Hook. of this city.
in the case. The ex-captain was attired
in a new black suit, which the warden
had, at the prisoners earnest solicitation,
permitted him to substitute for his prison
garb Ills hair and heavy mustache were
much grayer than before he began serv-
ing his term, and his face was wan.
Frank p. Blair. of Chicago. and Repre-
sentative Grosvenor, of Ohio. appeared
for Carter, while Colonel ]. w. Clous.
deputy judge advocate general of the army,
and District Attorney l. E. Lambert and
his assistant, III. f. Hone. represented the
government. Attorney Blair opened for
Carter, whose conviction, he alleged was
illegal inasmuch as it should have been
secured under the sixteenth article of war
instead of the sixty-second. and that when
the President disapproved several findings
in court-martial the full sentence pro-
nounced by the court-martial ceased to
exist and its execution was illegal and
void. He also argued that when Carter
paid a fine and was dismissed from the
army and degraded. the power of the
court-martial was exhausted and bore
right to cause Imprisonment
Carter showed slight nervousness as the
hearing proceeded. His eyes went quickly
from his attorney TO the judges and oc
casionally he took notes on the argument.
convened "A 4 2
ClOuS began the argument in behalf of the
government. In reply to Mr.. Blair Colonel
Clous contended that the court-martial
was competent TO decide under which
charge the prisoner should be tried, and
that its decision not subject to re-
view by any other court. He further ar
gued 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 its laws. The
court-martial retained jurisdiction for all
purposes of trial, judgment and execution.
The matter of the sentence standing I'M
changed. in spite of the disapproval of sew
eral of the specifications on which Carter
was found guilty, Colonel Clous held, was
in accordance with the custom. Argument
closed at $50 o'clock. Judge Thayer an
nounced that the case would be taken I'M
der advisement and he will notify attor-
neys when ready TO hand down a decision.
Attorney Blair asked that in case Carter
IL discharged he may be permitted to go
without guard 10 savannah, ia, 10 sur
render himself for trial under the indict-
ment found against him there by a grand
jury few months ago Carter was re-
manded to the federal prison. A decision is
looked for In about q month. Judge Thayer
will go home tomorrow.
Captain Carter, for the first time since
his arrest, to-day made public a statement
in defense of his acts. He had attended
the hearing of the United States District
Court of the habeas corpus proceedings
brought in his defense. and was proceed
ing during the noon recess. accompanied
by his attorneys and the warden of the
penitentiary, to a hotel for lunch, when
he accosted a newspaper reporter. 1t was
the first time that Carter had been out
of the prison walls since his Incarceration
last April Since my arrest" he said.
II have rever given out a statement for
publication, but / have prepared one to-
day"
He then handed the reporter a long.
typewriter document. in part, as follows:
Until this moment 1 have never author
lied an interview and you will understand
that conditions of delicacy and propriety
forbid me saying now one word concern
ing the matters before the court. 1t seems
manifestly proper, however, that i should
give TO you my reasons for instituting these
proceedings. / am entirely innocent, and /
shall not rest until my innocence, proved
at a military inquisiton. is officially pro-
claimed. 1t was proved that not one dollar
ever came into my hands improperly, that
not one dollar of public funds was ever
misapprOpriated Supplied by me, and
that the government was never defrauded
through me in any manner whatever"
Carter then quotes General Craighill and
were performed faithfully and inteili-
gently and adds that the only ground as
signed by the attorney general for his con-
demnation was admittedly that of pure
suspicion, not only unsupported by any
evidence whatever, but in direct conflict
Herewith and has since been shown in
court of law utterly false.
I'm instituting habeas corpus proceed
ings. therefore" he goes on, at have an
infinitely higher motive than to secure mere
liberty. What is mere liberty, or even life,
billions. TO a man whose life has been de-
voted to the faithful service of his country
and whose good name is beyond price?
have sought liberty because l am inno-
cent and that may have the opportunity.
before health and strength are gone. to
compel the legal ,vindication of my char
in the hands of his military superiors and
may be sacrificed by them at their will
but no government has the right to permit
military or political power to sacrifice the
reputation of an innocent man. no matter
| whose errors or interests are concerned
nor whose crimes are sought to be shielded
what becomes of my body matters lit
| tie, for / am but one man: but 1t does mat
| ter to the entire country that a man should
| have been denied fair trial and declared
| guilty when he is innocent, and this, SUBJ
| sequently. on a pretended judicial review
I of the evidence, virtually on a secret re-
| trial of his case. at which he was not even
| allowed TO be present. My innocence. es-
tablshed even during my military inoussi-
| ton. could have been proved again. pub
| licly and with absolute certainty, long ere
| this. had not the means of doing so been
| standing the crimes of my prosecutors and
| the inspired clamor for the shame of an
| innocent man, my vindication is bound to
come"
In case the application for the writ f.
| denied Carter's attorneys will appeal to
| the United States Supreme Court.