Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-04-20
DENIED BMCMR. RICHARDS
SAYS THAT HIS BRIEF DID NOT GO
OUTSIDE THE RECORD.
Reply to the Motion Recently Made by
H 81
Counsel fOrACaptain Carter in
the Supreme Court.

Solicitor General Richards today filed in
the United States'!Supreme Court a reply to
the motion made by the counsel Of Capt.
Carter to strike from the files of the court
as Irrelevant and scandalous' the solic-
itor generals BRIEF In Opposition to Carter S
motion to be admitted to bail pending the
decision Of his appeal in his habeas corpus
proceedings.
Mr.. Richards denies that he went outside
the record in his case, and asserts that he
always tries to observe strictly the rules
OF the court requiring counsel to conhne
himself to the facts Of record in the discus
sion of a case. He sets forth that Carriers
application for bail is supported by ami
davits Of physicians to the effect that the
prisoners health is impaired, and this. MT.
Richards says, is not only entirely outside
the record. but Is false.
Mr.. Richards also declares that Carter 3
counsel went outside the record In the ap-
peal case IN averring that Carter Is an in
nocent man and wants to be released In
order to be tried in the criminal case In
Georgia. He adds that to demonstrate the
falstty Of this last statement 1t was neces-
sary for the solicitor general to state what
the government has done In prosecuting
the indictment against Carter and others
In the federal courts OF Georgia.
The facts stated he continues, appear
In the documentary evidence presented by
missioner In New York upon the hearing of
the application for the removal of Greene
and the GaynoES to Georgia for trial upon
the criminal Indictment. If counsel Is un-
aware of this. it is because he has not con-
suited with the gentlemen who represented
Carter on the former hearings before this
court, and are now representing Carter 8
coconspirators in the bitter fight they are
making against being removed to Georgia
for trial.
Right to Disprove AscertiOns.
Believing. from the facts in his possess
sion, that Carter wants to get out neither
for his health's sake nor in order to be
tried upon the criminal charge in Georgia,
the solicitor general has laid before the
court the facts which. in his opinion, make
clear the real object Of this application.
For this he has no apology to make. 1t is
not his belief that convicted criminal may
assail the government he has defrauded,
and assert on oath whatever he pleases in
support of his application to be released
from punishment while the representative
of the government before this court must
stand mute and permit the charges and
statements. however reckless and false, to
go unchallenged to the court"
Concluding, the solicitor general says:
Recurring to the application, permit me
to say in conclusion that the only feature
which entitled it to notice was its audacity.
It's supposed reasons were worthless; it's
alleged facts wholly without support. Taken
at Its best, the argument amounted to
this: That Carter, having been convicted by
one tribunal should be released on bail
and thus while at large serve out SEN
tence already justly ifnposed-in order that
he may be triedr before another tribunal
Time enough for him to be released for an
other trial when he has. served out his pres
emf sentence