New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-11-24
CARTER DECLARES INNOCENCE.
MAKES FIRST STATEMENT SINCE HIS
COURT MARTIAL-HEARING IN
HABEAs CORPUS CASE
HABEAs CORPUS CA

COURT MARTIAL-HEARINtT IN
HABEAs CORPUS CASE.
Leavenworth Kan Nov. 23.-Oberlin NJ Car
ter degraded captain of engineers. to-day for
the first time since his arrest for defrauding the
Government in Southern harbor contracts made
public statement in defence Of his acts Car
ter had attended the hearing In the United States
District Court of the habeas corpus proceedings
brought in his behalf. and his way to
luncheon, accompanied by his attorneys and the
warden of the penitentiary. when he accosted a
newspaper reporter. II the first time that
Garter had been out of the prison walls since his
Incarceration in April.
Since my arrest" he said I have never
given out a statement for publication but I have
prepared one to-day
With these words he handed the reporter
typewriter document. The statement in part
is as follows:
Until this moment I have never authorized an
interview. and you will understand that
siderations of delicaCy and propriety forbid me
saying now one word concerning the matters
before the Court. 1t seems manifeStly proper.
however that l should give my reasons for in
stituting these proceedings. I am entirely inno-
cent, and l shall not rest until my innocence.
proved at my military inqusition. is officially
proclaimed 1t will be proved that not dol
not one dollar of public funds was ever misap-
propriated misapplied by me- and that II
Government never defrauted through me
in any manner whatever.
Mr. Carter then quoted General Craishir and
other engineers 10 prove that his duties were
performed faithfully and intelligently,' and
added that the only ground assigned by the
Attorney General for his condemnation was ad-
mittedIy that of pure suspicion, not only un-
supported by any evidence whatever but in
direct conflict Herewith, and has since been
shown in a court of law 10 be utterly false He
adds
In instituting habeas corpus proceedings
therefore. l have infinitely higher motive
than 10 secure mere liberty What is mere
liberty, even life, to a man of my aims as
sOCIations and ambitions: TO a man whose life
has been devoted TO the faithful service of his
country and whose good name is beyond price?
I have sought liberty because am innocent.
and that I may have the opportunity before
health and strength are gone, TO compel the
legal vindiCation of my character. I recognize
that a soldiers life is in the hands of his mill
taVy SupeTIors, and may be sacrificed by them
at their will: but no government has the right
10 permit military political power to sacrifice
the reputation Of an innocent man. no matter
whose errors or interests are concerned. nor
whose crimes are sought to he shielded.
What becomes of my body matters little for
! am only one man; but il does matter to this
entire country that man should not have had
a fair trial and have been declared guilty when
he is Innocent, and that subsequently, on a pre-
tended judicial review of the evidence virtually
on A secret retrial OF his case at which he was
not even allowed be present. My innocence
established even during my military inguisitio.l
could have been proved again publicly and with
absolute certainty long this had not the
means Of doing so been suppressed: but sooner
or later Notwithstanding the crimes of nv per-
secutors and the conspired clamor for the shame
of an innocent man. my vindiCation is bound
come.
In the United States District Court here to-
day before Judges Amos Thayer and Hook. the
hearing was held in the ha beas corpus proceed
ings in behalf Of Oberlin NJ Carter. ex-captain
I. :. A who dismissed from the Army
fined and sentenced TO a term of years in the
Federal prison. at Leavenworth. on the charge
of cornplcitv in frauds in the Government har-
nor works contracts Savannah.
Carter was brought from prison 10 the court
room in an ambulance unattended save by War
which the warden had permitted him to substi-
tute for his prison garb- His hair and heavy
mustache We're much grayer than before he be
gan serving his term, and his face was
Frank P. Blair, OF Chicago. and Congressman
Grosvenor Of Ohio, appeared for Carter. while
Colonel J. w Clous Deputy Judge Advocate
General of the Army. and District Attorney / f.
Lambert and his assistant. H. E Hone. repre-
sented the Government. Judge Thayer limited
Carriers attorneys TO three hours and the Gov
Arnment 10 two and one-half hours argument
Mr Blair opened for Carter. whose conviction.
he alleged. was Illegal inasmuch IL should
have been secured under the SiXtieth Article Of
War instead of the Sixty-second and that when
the President dsapproved several findings in
court martial the full sentence pronounced by
he court martial ceased TO exist and it's execu-
ton 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 10
cause imprisonment.
Colonel Clous made the argument in behalf OF
the Government. In reply to Mr. Blair, Colonel
Clous contended that the court martial was
petent to decide under which charge the prisoner
should be tried and that its decision was not
subject to review by any other court.
Judge Thayer announced that the case would
be taken under adVisement. and he would in
form the attorneys when ready 10 hand down
decision
Attorney Blair asked that in case Carter shall
be discharged, he may be permitted to go with
out guard TO Savannah Ga, to surrender him
self for trial under the indictment found against
him there by the Grand Jury few months ago
Carter was remanded 10 the Federal prison. A
decision Is looked for in about month
In case the application for the writ Is denied
carter's attorneys will appeal to the United
States Supreme Court
JAMES wHITCOMB RILEY
writes a Thanksgiving poem for tomorrow special