The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19
RICHARDS IS TOO CDUST|C
WILSON, CARRIERS ATTORNEY,
PRAYS THAT THE COURT
CALL HIM DOWN
WANTS BRIEF STRICKEN OUT
Says I'm Effect That Many Statements
Made by the Solicitor General
Are Plain, Everyday
Lies.
ASHJNGTON

WASHINGTON, April 1S-In the
United States supreme court today Judge
J. M. Wilson, representing Oberlin M
Carter, filed a motion for the court to
strike from it's files the brief Of Solicitor
General Richards IN that case as "scan-
dalous and Irrelevant" This motion is
based upon the assertion that the solIc-
itor general goes outside of the record
in his brief.
In the course of his statement in sup
port of the motion Judge Wilson said
that 'the only question is whether the
court martial that tried Capt. Carter on
certain charges and specifications had
jurisdiction to impose the penalty of i'm
prisonment to which he is now being
subjected at the penitentiary at Leav-
enworth, Kan"
He then says he had not considered It
necessary to cite authorities on the ques-
ton as to whether proceedings in habeas
corpus can be used as a writ of error
or appeal. Herce, there was no effort
to secure a review Of the case by the
court. He then takes up the solicitor
generals brief, saying:
RICHARDS WENT TOO FAR.
'"The solicitor general, in his brief in
opposition, has taken occasion to make
some very broad assertions in regard to
the guilt Of Capt. Carter not based upon
any matter appearing in the record. but
apparently based Upon matters appear
ing in some other proceeding in New
York, before a commissioner, to which
proceeding Garter was in no way a party,
and, also, upon his own allegations that
the government had discovered evidence
which would demonstrate that Carter
and others had defrauded the govern
ment Of $2,169,159, and that Carter had
personally attended to the division 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
alleged facts or from whom he got them.
he does not say; and upon what legal
principle he would attempt to justify the
interjection of matters of this character,
it is impossible to conceive. 1 venture
to say that he will not pretend that the
matters to which allusion has been made
were ever, procured in any proceeding
wherein Capt. Carter had an oppor-
tunity to be heard.
CALLS HIM A LIAR.
'In view of this broad denunciation of
Capt. Carter by the solicitor general, up
on assertions of facts not found in any
record to which Capt. Carter was in any
wise party, and with reference to mat
ters not before this court and which
have nothing whatever to do with the
question that is before the court, trust
that 1 may, without transcending the
bounds of rropriety, state that Capt.
| Carter denies the truth of these state
ments; asserts that he is innocent cf the
/ offense 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 hav-
ing conspired against the government
and embezzled its money, before any
civil tribunal, anywhere and at any tirIe
the government will afford him an oppor-
| tuEity to be heard, and challenges the
government to afford him such an oppor-
tunity. If the government knows, or
believes it knows, what the solicitor gen.
eral has stated, alluded to above, there
can be no difficulty in having this mat
ter of hir guilt or innocence of these
charges determined by a tribunal that
would have full jurisdiction, and guided
by rules that have been long established
for the furtherance Of justice.
'I respectfully submit this brief
because I have thought I would not
be doing my duty toward Capt. Carter if
I permitted these most extraordinary
statements, made in this most unusual
way, to stand upon the files of this court
Unchallenged, and l therefore move the
court to strike the brief Of the solicitor
general from the files as irrelevant and
scandalous."
The court took the motion under ad-
ViSement.