New-York tribune., 1901-04-17
BAIL FOR o. N. CARTER OPPOSED.
The CASE REVIEWED BY SOLICITOR-GEN-
ERAL RICHARDS-ALLEGED DIvIs-
ION OF SPOILS

washington, April 16.-Solicfior General Richards
to-day filed in the United States Supreme Court
oiei IN opposition TO the application for bail filed
ABOUT ten days ago in behalf Oberlin NJ. Carter,
no" confined in the United States Pententary at
foft Leavenworth. Kansas under conviction OF
fraud In connection with harbor improvements at
savannah, Ca After reviewing the history of the
case the soicitor-General says. in part:
h. ne ne validity of Carters conviction and sentence
crimes committed as an ocer o tbe ned States
army: IN violation of the articles of war has been
counting this court. before which the matter is now
Pelolng Tor the third time. Carter applies for
tribunal and asks to be released from mprison-
th Penalng the nearing OF this second appeal on
I fI1rst-Because he is suffering from neurasthenia
Of mental angus Sa 1t nervous ;s c9apse by reason
~ sec4ndLBecause he is innocent of the charges
and the only way he can establish his Innocence SO
braca IS by pressing TO trial the charges en-
Georgia. -
AS to the first ground the Solicitor General sub
mlts an argument tending show Carter's sound
mental condition. and files the affidavits of five
physicians who examined the prisoner and affirm
that Garter is not now suffering from neurasthe-
Hia' that ne is not on the verge of nervous col
lapse; that his nervous condition is not greater
than We would expect to find in a healthy person
OF said Carter's standing confined a prison. -
The afiants further say that said Carter is now
physically and mentally sound" These ahidavits
are supported by afidavits from the warden and
physician of the prison
AS to the second ground for release on bail the
Solicitor-General says in part:
Since Carter has dragged into this case the fact
that he is under indictment along with Greene and
the Gaynors. and has sworn that the criminal case
cannot be tried because of his absence from
Georgia. and that he wants to be relea sed
so he may demand trial by jury in Georgia and
prepare for it. it is proper for me to call the
tenuon OF the court to the fact that if the criminal
case cannot be tried without Carter. neither
rhe Gaynors- Yet ever since the indictment was
strenuously endeavoring to secure the removal OF
Greene and the Gaynors from New-York Georgia
for trial.
Mr.. Richards says that the investigations of the
government reveal the loss of an aggregate OF
50. .169 153 through Carters operations of which
Carter received one-third. with travelling expenses
added. In view Of these facts. Mr. Richards asks
Is it any wonder that Carter wants get out or
bail? Is it any wonder that he desires put in
position where he can personally handle the sinew.
OF which he obtained by fraud from the gov
ing and reputation? What bail could the t conrf Il,
that would be sufficient in his if he has hi.
securities out of the country and made up his ninC
that the best thing he could do would be follow
them?
Regarding Carters method of operations Mr.
Richards says:
The division Of this -'swag" was attended TO b,
payment under the contract Carter, who wa:
located at savannah, and mad charge OF the WOrl
behalf of the government, would give to tn,
representatives Of Greene and tho ,iaynors locally
in charge at Savannah a government check suf
ncient pay for the labor and materials which
actually Went into the improvement and then h,
would draw government check for the eXces:
OF the contract price. representing what gambler:
would call the vevet'-the fruit of the fraudulen
conspiracy-and putting this IN his pocket would e
to New-York. There he would meet Greene anC
the Gaynors. Then the division would take place
Carter would be specially allowed out of III,
amount $15 for travelling expenses. and the bal
ance would be divided into thirds. one-third goni
Gaynors In II this way Carter drew out OF the con
spiracy $I22 252S 02 and of this amount the record
| of stock brokers in New-York show that he in
| vested in stocks and bonds 5000 301 So For nj
| travelling expenses Carter received 81 575 HI
| made twenty-one trips to New-York on this mis-
sion, and at the close in excellent condition
financially to be appointed military attache at tn
Court of st. James