The times. [volume] (Richmond, Va.) 1890-1903, 1900-11-24
Prisoners Hair and Heavy Moustache
Have Turned Grayer.
SHOWED SLIGHT NERVOUSNESS,
In Case Carter Shall Be Discharged
His Attorney Asked That He BE
Permitted to Go to Sayan-
nah, Ga, to Surrender
Himself, Without
Guard.
IRr Associated Pre9s.)

JEAJ-F1SWORTH, kAS., Nov. -o--ih -o--ii
49,, 1-,,taa states District Court here to-
d,v, before Judges Amos Ihayer and HooA'
,o,r;nc was begun in the habeas corpus
,,rocae,ifngs brought by attorneys Tor ooer-
lin NJ. Carter, ex-captaln Unitea s'a'e'
army who was dismissed from the army
fined and sentenced to term oil years III
the Federal prison at LeaveH"erth' Oh
the charge of completely in alleged at
tempted frauds III the Government n''- ~
works contracts at Savannah, Ga.
Carter was brought from p-'soii W
corrt-room in an ambulance unatteiioeo
sara hv Warden McCaughry He ap-
naared seIf-rGssessed, but avoided she
oa2a of snectators who crowded the room.
Ho was attireIl in new black suit, "hle'i
the warden had at the prisoner eatHest
solicitation. permitted HIM to SUBSTITUTE
for his prison sarb and his nar ana
heavy noustache were much Srayer.
Frank 2. Blair, of Chicago, ana Coz,
gressman Groseveno-, of ONO, ap3sate'
for Carter. while Colonel j. W Sious'
deputy judge advocate general Oh the d. KY,
and District Attorney l. f. LAMBERT anu
bis assistant H Done, represented the
Government.
CONVICTION ILLEGAL
Judge Thayer limited Carters attorneys
TO three hours and the Government TO Two
and one half hours argument Attorney
Blair opened for Carter, whose CONVICTION.
he alleged was illegal, inaSnuch as IL
should have been secured under tue SIN
tieth utricle of war instead Oh ttle s.Ats
second, and when the President d!sap-
proved several findings in a cour1.martiai
the full sentence pronounced oy the
;,f exist and It's eNecu-
ton was illegal and void He also ar
r,1ed that when Carter paid fine~and
was dismissed from the army anu de
graded the power Of the court-martiai
was exhausted and bore no right to cause
Imprisonment.
Carter showed slight nervousness as the
hearing progressed. His eyes Went
quickly from his attorney to the judges,
and occasionally he took notes on the ar
sument.
When court convened at 2 o'clock Col
oneI Clous began the argument in behaf
of the Government. In reply to Nj. BAR
Colonel Cous contended that the court
martial was competent TO decide uficeF
which charge the prisoner should De
tried, and that its decision was not sub
iect to review by any other court.
ACCORDING TO CUSTOM.
He further argued that the conviction
on four charges for the same act was not
four convictions for one oi1ense. liz MS
op;nion Carter is now held public pris-
oner of the United States as an offender
against its laws, the court-martial re-
tanning jurisdiction for all purposes ot
trial, judgment and execution The mat
ter of the sentence standing unchanged,
in spite of the disprovnl of several of the
specifications on which Carter was sound
guilty. Colonel Clous held, was in accord
ance with custom
a1r0t11rp1 that the
would be taken under advisement. and he
will notify the attorneys when he is ready
to hand down decision
Attorney Blair asked that in case Car
ter shall be discharged he may be per
m;tted to 90 without guacd to Savannah,
Ca, to surrender himself for trial under
the indictment found against him there
by the grand jury a few months ago.
Carter was reminded to the Fedora.
prison. A decision is looked for in about
a month
Judge Thayer will go home tomorrow.