The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1901-04-20
0B[RL|N N. CARTER CASE.
Solicitor General Richards Opposes
Former Capt. Carter's Ap-
plication for Bail.
GROUNDS OF OPPOSITION IN BRIEF.
Carter's Claim that He is On the
Verge of Nervous Collapse Dis
proved by the Afiidavits of Ex-
pert Physicians and the Omcers
of the Penitentiary.


Washington, April 17.-Solicitor |
General Richards has filed with the |
United States supreme court brief |
in opposition to the application for
bail filed, about ten days ago, in behlf
of former Capt. Oberlin NJ. Carter,
now confined in the United States
penitentiary at Fort Leavenworth,
Kas., upon conviction of fraud in con-
nection with harbor improvement,
etc, at Savannah, Ga. After reviewing
the history of the case the solicitor
general says in part:
1.-THE validity of Carter's conviction
and sentence by the court martial,
which alcne could try him for crimes
committed as an officer of the United
States army, in violation of the ar
ticles of war, has been sustained by
three civil courts and five Judges, not
counting this court, before which the
matter is now pending for the third
time. Carter now applies for the sus'
pension of the just sentence of this
lawful tribunal and asks to be re-
leased from Imprisonment pending
the heoring of this second appeal, up
upon the following grounds:
First--Because he is suffering from
neurasthenia, and is on the verge of
nervous collapse, by reason of mental
anguish, owing to his Imprisonment.
Second-Bccause he is innocent of
the charges on which he was convicted
he can establish his innocence, so he
says, is by pressing to trial the
| charges embraced in the Georgia in
dictment which, he asserts, can not
be tried because of his absence from
Georgia"
I As to the first ground, the solicitor
general submits an argument tend
| ing to show Carter's sound mental
condition, and files with the court the
affidavits of five physicians who exam
ined Carter and affirm, in closing,
that Garter is not now suffering
from neurasthenia; that he is not on
the verge of nervous collapse, that his
nervous condition is not greater than
we would expect to find in healthy
person of said Carter's standing con-
fined in prison.
"Atfiants further say that said Car
ter is now physically and mentally
sound
This affidavit is supplemented by af-
fidavits from the warden and physi-
clan of the prison.
As to the second ground for the re-
lease on bail the solicitor general
says in part:
"Since Carter has dragged into this
case the fact that he is under indict-
ment along with Greene and the Gay
nors, and has sworn that the criminal
case can not be tried because of his
absence from Georgia, and asserts
that he wants to be released so he
may demand a trial by jury in Geor-
gia, and prepare for it, it is proper
for me to call the attention of the
court TO the fact that if the criminal
case can not be tried without Gar
ter, neither can it be tried without
his co-conspirators, Greene and the
Gaynors. Yet, ever since the indict-
ment was found, in December, 1899
the government has been strenuouslS
endeavoring to secure the removal OF
Greene and the Gaynors from New
York to Georgia for trial"
Mr.. Richards says that the investi
cations OF the government reveal the
loss of an aggregate of $2,169,15;
through Carter's operations, of which
he Carter received one-third, with
travelling expenses added. In view o.
these facts, Mr.. Richards asks: rs II
any wonder that Carter wants to get
out on bail?" Is it any wonder that h,
desires to be put i'll a position wher,
he can personally handle the sinew'
of war which he obtained by irauC
from the government that educated
him and gave him his standing ant
reputation? What bail could the cour
fix that would be sufficient in hi
case. if he has sent his securities ou
of the country and made up his mint
that the best thing he could do woult
| Ia, o., fnlIoxy tbcm ."