The Savannah morning news., 1900-11-24
CARTER IN COURT
SEEKS DISCHARGE FROM PRISON
Ar LEAVENwORTH.
DECLARES HE is INNOCENT.
M GAVE oUT FIRST STATEMENT
SINCE INCARCERATION.

Araument before Judge Thayer ON
Habcas Corpus Petition - Carter
NVas Dressed In Citiscn'- Clothes.
Nyns quite Nervous and Avoided
III. public Gnse-Points Made Br-
for. the Court-A Decision IL EN-
urrtrd within IA Month.
I.e.yeruorth Kan. Nov. 3.-In the
v-raa.f states District Cour, here to-day
before Judges Amos Thaycr ana Hook.
he,r.ue was begun in the habcas corpus
ur,.,s.dnes brought by Attorneys for
oberlm N Carter. ex-captain. Y. $. A.,
who was dismissed from the army. fned.
ana su.eaecd 10 term Of yearr IN the
Federa prison at Leavenworth. on the
chars. OF completely la alleged frauds in
.ne eoFernment harbor works contracts
a. Savannah.
Garter was brought from prison TO the
court room ln an ambulance unattended
save by Warden McClaughey. lie
nppearad self-possessed but avoid
"a The gaze of spectators who
d new black suit. which the warden had.
81 tho prisoners earnest solicitation. per
mitteI him 60 substitute for his prison
sarb Ius hair and heavy moustache
were much Graycr than before he began
tervng his term. and his face was wan
Frank T.. Blair of Chicago, and CON
Eressmau Grosvenor of OHIO appeared
.ar Carter. while COL }. w Clous dep
uty Judge advocate general Of the army
md District Attorney l. f. Lamber, and
bis assistant. II. +. Hone. represented
tie government
Judge Thayer limited Carriers attorneys
g. three hours. ana the government 90
.to and onc-half hours argument. Attor-
f.v Blair opened for Carter. whose con-
lion. be- alleged. was Illegal. inasmueh
it snouid have been secured under the
i fe,lcth article Of war instead of the six
Sc. gni. and when the President dislp-
q ved several findings iu q court-maytial.
&. run sentence pronounced By the court
ra-'ial ceased TO exist and its execution
aas Illegal and void
Ha also argued that when Carter paid
tue and was dismissed from the army
ord degraded. the power OF the court
a.ss was exhausted and bore no right
3. lse Imprisonment.
rer showed slight nervousness as the
boring proceeded. His eyes went quickly
lvm his attorney 60 the judges and oc-
1ually he took notes on the argument.
GoVernment'S Side of It.
q When court convened ~ 2 o'c,ock Col.
Cs began the argument In behalf Of
government In reply TO Mr. Blair
Clous contended that the court-mar-
8 Has competent 90 decide under which
& c-i-se the prisoner should be tried and
SIS decision was not subject 10 re-
by any other court. He further ar
feI that the conviction on four charges
Il ae same oct was not four convictions
E orc onense In his opinion. Carter is
~ held a public prisoner Of the United
sa'es as an offender against its laws. the
4 martial retaining Jurisdiction FOR all
i loses of trial, Judgment and execution
matter Of sentence standing un-
/ oaag,d la spite Of tho dlsapproval OF sew
~ %, the specincatlons in which Carter
/ found guilty. Col Clouse held. was
. ccordanee with custom.
dse Thayer announced that the case
N.i.d be taken under advisement. and he
notify attorneys when he IS ready
" fari down decision.
Attorney Blair asked that In case Carter
tli bee discharged he may be permitted
" go without guard 20 Savannah 20 sur
ter himself for trial under the indlct-
h.Ht found against him there hy the
.fhd jury few months ago. Garter was
f#anded 20 the federal prison. a dccis-
'h i looked for IN about a month
s1dee Thayer will go home Tomorrow
WILL PROVE HIS INNOCENCE.