The times., 1901-04-19
PLEADS FOR oBERLIN CARTER.
Judge Wilson Defends I'll. Motion
for Habesr Forpus Writ.


In the Supreme Court Of the United
states yesterday Judge Jere NJ Wilson.
counsel for oberIin NJ Carter. filed a
statement and motion as to the brief OF
solicitor General Richards. which was
fled with the court Tuesday in opposl-
tion to the application Of Carter's counsel
Tor a writ OF habeas corpus for admission
OF the defendant to bail. The court, IL IS
understood, viii pass upon the motion
Monday. Judge Wilson's statement and
motion are as follows:
In the application made by Obsrlin NJ
carter for admission to bail il was briefly
stated that the question now pending in
| this case before this court. and the only
question, is whether the court-martfaI
that tried Captain Carter OF certain
charges and specifications had iurisdic-
tion to impose the penalty Of imprison-
ment to which he is now being subjected
in the penitentiary at LeavenwOrth. Kan.
Carter claims that court did not have
jurisdiction. and. for the purpose Of hav-
ing that question determined, instituted
this habeas corpus proceeding; and the
decision being against him IN the court
below, he brought the case to this court,
ana is asking only for the judgment Of
TINS court on that question.
This court has decided SO MANY time,
that proceeding In habeas corpus can
| not be used as a writ Of error or appeal.
/ and the law on this subject being so well
settled it is useless 10 cite authorities in
| that regard. Counsel for Captain Carter,
recognizing this well-settied condition of
the law on this subject. has not sought
TO have this court consider any question
OF error that might have occurred in the
trial of the case before this court rtial
either in the admission of evidence or the
refusal to admit evidence, nor TO review
the evidence. for the purpose OF trying to
have this court determine that the court
martial had committed error in respect of
the admission or rejection of evidence or
in its conclusions upon the weight Of the
evidence. To have done so would have
justly subjected counsel to a rebuke by
this court.
THE Solicitor General. in his brief in
opposition, has taken occasion to make
some very broad assertions IN regard to
the guilt of Captain Carter. not based
upon any matters appearing in the rec
ord, but apparently based upon matters
appearing in some other proceedings in
New York, before a commissioner TO
which proceeding Carter was In no way a
party, and also. upon his own allegations.
that the Government had discovered evil
dence which would demonstrate that
Carter and others had defrauded the
Government OF S2, 1853. 1895. and that Car
ter had personally attended to the di-
vision of this money between himself and
others, and he enters upon description
of the manner in which this division was
made.
How the Solicitor General got these al
legged facts. or from whom he got them.
he does not say: and upon what legal
principle he would attempt to justify the
fnterjection of matter of this kind in a
proceeding OF this character it is impos-
sible to conceive | venture TO say that
he will not pretend that the matters to
which allusiOn has been made were ever
procured in any proceeding wherein Cap
tain Carter had an opportunity TO be
heard
I'm riew of this broad denunciation Of
Captain Carter by the Solicitor General.
upon assertions Of facts not found in any
record to which Captain Carter was in
any wise a party, and with reference to
have nothing whatever TO do with the
question that is before the court. l trust
that | may without transcending the
bounds of propr1ety. state that Captain
Carter denies the truth of these state
mentS. asserts that he is innocent of the
offence with which the Solicitor General
charges him. and that he is ready will
ing. and anxious to try the question as to
whether he is or is not guilty of having
cOnspired against the Government and
its moneys before any civil
anywhere and at any time that
the Government will afford him an Op-
portunity to be heard, and challenges
the Government to afford him such an
!"