Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-04-17
CARRIERS APPLICATION
STRENUOUSY OPPOSED.
SOLICITOR GENERAL RICHARDS
PRESENTS A BRIEF TO THE
SUPREME COURT.
SHARE OF THE SWAG.
MENT SHOWN BY GREENE AND
GAYNOR'S ACTIONS.

General Richards to-day filed with the
United States Supreme Court a brief in
opposition to the application for bail
filed about ten days ago in behalf Of
former Captain Oberlin NJ. Carter. now
confined in the United States peniten-
tiary at Tort Leavenworth, Kansas, up
on convistion Of fraud in connection
with harbor improvements, etc., at Sa-
vannah, Ga. After reviewing the his
tory of the case, the solicitor general
says in part:
The validity of Carter's 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
released from Imprisonment pending
the hearing Of this second appeal, upon
the following grounds:
"First-Because he is suffering from
ne~urasthenia and is on the verge of
nervous collapse by reason of mental
anguish owing to his Imprisonment.
"Second-Because he is innocent Of
the charges on 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
embraced in the Georgia indictment,
which, he asserts, cannot be tried be-
cause of his absence from Georgia"
AS to the first ground the solicitor
general submits an argument tending
to show Carriers sound mental condi-
ton and files with the court the affida-
Wits of five physicians who examined
Carter and affirm in closing that Car
ter is not now suffering from neuras-
thenia; that he is not on the verge of
nervous collapse; that his nervous con-
dition is not greater than we would ex-
pect to find in a healthy person of said
Carriers standing confined in a prison.
"Afiants further say that Carter is
now physically and mentally sound.
This affidavit is supplemented and
confirmed 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:
"Since Carter has dragged into this
case the fact that he is under indict-
along with Green and the Gay
nors, and has sworn that the criminal
case cannot be tried because Of his alb
sence from Georgia, and asserts that
he wants to be released so he may de-
mand 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 criminal case cannot be
tried without Carter, neither can it be
tried without his co-conspirators,
Greene and the Gaynors. Yet, ever
since the Indictment was found, in
December, 1899, the government has
been s~trenuously e~ndeavoring to ecure
the removal of Green and the Gaynors
from New York to Georgia for trial"
Mr.. Richards says that the investi-
cations of the government reveal the
I0cc Cf ON o0orn0ofo of 60 1e0 IE1
through Carter's operations, of which
he Carter received one-third with
travelling expenses added. In view of
these facts Mr.. Richards asks:
'Is it any wonder that Carter wants
to get out on bail? Is it any wonder
that he desires to be put in a position
where he can personally handle the
sinews of val which he obtained by de-
frauding the government that educat-
ed him and gave him his standing and
reputation? What bail could the court
fix that would be sufficient in his case,
if he has sent his securities out of the
country an made up his mind that the
best thing he could do would be to fol-
low them?"
Describing the method of Carriers
operations Mr.. Richards says:
THE division Of this 'swag' was at
tended to by Carter personally. When
the time came to make a >ayment un-
der the contract, Carter, who was To-
Gated at Savannah. and had charge OF
the work on behalf of the government.
would give to the representatives of
Greene and the Gaynors, locally IN
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 checn for the excess of
the contract price. representing what
gamblers would call the velvet-the
fruit Of the fraudulent conspiracy. and
putting this in his pocket, would go to
New York. There he would meet Greene
and the Gaynors. Then the division
would take place. Carter would be
specially allowed out of the amount SIS
for travelling expenses and the balance
would be divided into thirds, one third
going to Carter, one third to Greene
and one third to the Gaynors. In this
way Carter drew out of the conspiracy
$722, $3.50 !, and Of this amount the rec
ords OF stock brokers in New York
show that he invested in stocks and
bonds $3.50. 301.S5 For his travelling ex-
penses Carter received $1,575. He made
twenty-one trips to New York on this
mission. and at the close was In ex-
cellent condition. financially. to be ap-
pointed military attache at the Court of