The Savannah morning news., 1901-04-17
CARTER'S METHODS
FULL EXPOSE by SOLICITOR GEN
ERAL RICHARDS.
HIS PROFITS S722,52s.o2.
A SEVERE ARRANGEMENT OF THE
'sUNHEALTHY" PRISONER.


ards-WouId Like Nothing Better
Than to Get Out and Get Away
With This SwaG-His CO-Conspira-
tors show No Such Anxiety for
Trial-The Governments Loss by
Carter's Operations $2,160,159.
Washington. April 16.-Solicitor General
Richards to-day filed with the United
States Supreme Court a brief In opposi-
ton 10 the applica tion for bail filed about
ten days ago in behalf of ex-Capt. .. NJ.
Carter, now confined in the United States
pententiary at Fort Leavenworth, Kan.
upon conviction of fraud in connection
with harbor improvements, etc. at Sa-
vannal After reviewing the history of
the case, the solicitor general says, in
part:
''The validity of Carriers conviction and
sentence by the court-martial, which
alone could try him for crimes commit
ted as an officer of the United states
army IN violation of the articles 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 suspension of the just sentence of
this lawful tribunal and asks to be re-
leased from Imprisonment pending the
hearing of this second appeal, upon the
following grounds:
His Grounds for Release.
First. Because he is suffering from
neurasthenia and is on the verge Of ner-
vous collapse by reason of mental an
guish, owing to his Imprisonment.
Second Because he is innocent OF the
charges of which he was convicted by
the court martial, and the only way he
can establish his innocence. so he says
| is by pressing to trial the charges en-
| braced in the Georgia indictment, which.
| he asserts, cannot be tried because of his
| absence from Georgia"
| AS to the first ground the solicitor gen.
| eral submits an argument to show Car
ter's sound mental condition and files
| with the court the affidavits of five ply
| sicians who examined Carter and affirm
/ in closing that Garter is not now suffer-
ing 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 i'm a healthy person
OF said Carriers standing confined il pris-
| on.
"Affiants firther say that said Carter
Is now physically and mentally sound"
This affidavit is supplemented and con-
! firmed by affidavits from the warden and
| physician of the prison.
AS to the second ground for release on
| bail. the solicitor general says in part:
| Must Have Greene and GaynOrs, Too.
Since Carter has dragged into this case
the fact that he is under indictment along
with Greene and the Gaynors, ana mas
! sworn that the criminal case cannot be
| tried because of his absence from Geor-
gia, and asserts that he wants to be re-
| leased, so he may demand a trial by
| jury in Georgia, and prepare for IT, it
is proper for me to call the attention Of
| the court to the fact that if the Grimm al
case cannot be tried without Carter,
neither can 1t be tried without his Cocoon
| sprators, Greene and the Gaynors Yet.
| ever since the indictment was found De-
| cember, 1899. the government has been
| strenuously endeavoring to secure the re-
moval of Greene and the Gaynors from
New York to Georgia for trial"
Mr.. Richards says that the investigation
| of the government reveals the loss Of an
aggregate of $2,169. 159 through Carter's OPP
eratons. of which he Carter received
one-third, with travelling expenses added.
| In view Of these facts, Mr. Richard asks:
| rs it any wonder that Carter wants to
get out on bail? Is 1t any wonder that
he desires to be put in position where he
can personally handle the sinews of war
which he obtained by fraud from the gov
| ernment that educated him and gave him
his standing and reputation? What bail
could the court fix that would be suffi-
| cient in his case. If he has sent his Sc
| curities out Of the country and made up
| his mind that the best thing he could do
would be TO follow them?"
How the "Ve1vet" WAS Divided.
Describing the method of Carter's opera
tions, Mr.. Richards says:
1.-The division of this swag was attend
| ed to by Carter personally. When the
time came to make a payment under the
! contract, Carter, who was located at Sa-
vannaa. and had charge Of the work on
behalf Of the government. would give to
| the representatives of Greene and the
| Gaynors, locally i'm charge at Savannah,
| a government check sufficient to pay for
| the labor and materials which actually
went into the improvement and then he
would draw a government check for the
| excess Of the contract price, representing
VIE gamblers would call the velvet
the fruit of the fraudulent conspiracy,
and putting this in his pocket, would 20
to New York
There he would meet Greene and The
Gaynors Then the division would take
| .lace Carter would be specially allowed
out of the amount S75 for travelling ex-
penses and the balance would be divided
| into thirds, one-third going 10 Carter,
oue-third to Greene and one-third TO the
| Gaynors. In this way Carter got out OF
the conspiracy $722,528.O2, and Of this
amour. the records OF stock brokers In
/ New York show that he invested in stocks
and bonds $69).30is5. For his travelling
expenses Carter received 81, SIS. He made
twenty-one trips TO New York on this
mission and at the close was In excel
lent condition financially TO be appolated
military attache at the court OF st.
| James."