Evening star., 1901-11-07
NEW TRIAL FOR CAPT. CARTER.
Army Officer Convicted of EmbezzlinE
GOVerMment Funds.

Army Officer Convicted of EmbezzlinE
Government Funds.
LEAVENWORTH, Kan, November l.
Oberlin NJ. Carter, ex-captain of engineers
In the regular army, now confined in the
federal pententiary at Fort Worth, has
been notified Of the granting Of a civil
trial in the United States circuit court in
Chicago In connection with the suit insti-
tuted there by the government to take his
property.
Colonel L. D. Carter his uncle; I. Stanton
Carter his brother, and Horace Stone, a
Chicago attorney, have been here in con-
sultation with the prisoner, gathering in
formation for the approaching trial. The
purpose Is to try at this trial to introduce
evidence that Captain Carter asserts was
excluded at the court-martial, and which,
he claims, would have established his in
nocence. Just before he started FOR Chi
cago Colonel Carter said: Captain Carter
and his friends are much pleased over the
prospect of hearing in court of justice
at last. My nephew has offered to turn
over all his property to the government
pending fair trial in court Of justice"
dispatch from Chicago says Oberlin
NJ. Carter now a convict in the govern
ment prison at Fort LeavenWorth Kan
and formerly captain in the United States
Engineer Corps, Is to have a rehearing of
his case in a civil tribunal. He now has
the assurance of: the government authori-
ties that all the evidence is to be reviewed
before Judge Kohlsaat in the United States
circuit court in this city the hearing to
take place, probably, within a few months.
Carter will be called on as a witness in his
own behalf, and for the purpose of testify
ing in court he will be released temporarily
from his place of confinement
This is the result Of the suits brought by
the government some months ago in sew
eral federal courts for the purpose of recov-
n q
was proved at the court-martial, Carter
had embezzled from the United States His
uncle Lorenzo D. Carter, and his brother
I. Stanton Carter, were said to have rein
vested this money and secreted it for the
purpose OF having fortune ready for the
former army officer upon his release from
the military prison.
Difficulties were encountered by the rep
resentatives Of the government in getting
trace of the securities which were said to
represent this amount, and at last they
signed an agreement with Carters legal
representative Horace G. Stone. by which
against the former captain Of engineers
was made possible This agreement was
filed In the United States circuit court yes
terday, signed by Marion Erwin, special as
slstant attorney general for the United
states, and Attorney Stone for Carter his
brother and his uncle. The principal pro-
vision made In this stipulation Is that the
issues IN all the similar suits now pending
In the federal courts Of New York, New
Jersey. Georgia, West Virginia and the
southern district OF Illinois shall be united
with the case In the federal court at Chi
cago. The examination Of witnesses is to be
held here. either before Judge Kohlsaat or
a master In chancery, to be named by him.
After full examination, the ownership Of
the bonds and other securities of Carter
which the government claims as its prop
erty, will be determined by the court. The
decision In this court will affect the stand
Ing of the cases in all the other courts simi-
larly.
SO confident is Carter of final vindication
that he cheerfully Joined in this agreement
with the governments representative. He
told his relatives and his lawyer to turn
over to the courts at once the property in
dispute, and On the courts decision he will
base his chance of being a pauner or a
rich man when he shall be outside the
prison gates. -, -