The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-04-21
And Denounces the Statements Of Op-
posing Counsel IA Reckless and
without Foundation.
EFFECT OF BRITAIN'S TAXES
EXPORT DUTY ON COAL MAY BENE-
FIT AMERICAN SHIPPERS.
Increased Expectations TO Markets
Near United States Probable--No
Benefit to Sugar Growers.

WASHINGTON, April 2o.-Solicitor Gen.
eral Richards to-day fled in the United
States Supreme Court a reply to the mo-
ton OF counsel OF Captain Carter 10 strike
from the files of the court as irrelevant
and scandalous" the solicitor generals
brief in opposition TO Carters 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 or
the court requiring counsel TO conflne HIM
self TO the facts OF records in the decision
of a case. He sets forth that Carriers
application for bail is supported by afii-
davits of physicians TO the effect that the
prisoners health is impaired. and this. Mr..
Richards says. is not only entirely outside
the record but is false.
Mr.. Richards also declares that Carriers
counsel went outside the record in the
appeal case in averring that Carter is an
innocent man and wants to be released in
order to be tried in the criminal case in
Georgia. He adds that to demonstrate he
falsity Of this last statement il 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 docu-
nentary evidence presented by the govern
ment TO the United States commissioner
in New York upon the hearing OF the ap-
plication for the removal OF Greene and tho
Gaynors TO Georgia for trial upon the GRIM
inal Indictment. If counsel is unaware Of
these il is because he has not consulted the
gentleman who represented Carter on tho
former hearings before this court and are
representing Carters coconspIrators
In the bitter fight they are making against
being removed to Georgia for trial. se-
lieving from the facts in his possession
that Carter wants to get out neither for
his health's sake. nor I'm order 10 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 his application. FO- this
he has no apology make IL is not his
belief that a convicted criminal may assail
the government he has defrauded and as
sert on oath whatever he pleases ia sup
port Of his application TO o. released from
punishment, while the representative OF
the government before this court must
stand mute and permit 1hs charges and
statements. however reckless ana false. TO
go unchallenged TO the court"
Concluding, the solicitor general says:
Recurring TO the application. permit me
10 say in conclusion that tie only featurs
which entitled it TO notice was its audacity.
Its supposed reasons were worthless, its
alleged facts wholly without support. Taken
at its best. the argument amounted 10 this:
That Carter. having been convicted oy one
tribunal, should be released on bail and
thus. while at large. serve out a senteacs
already justly imposed-in order that no
may be arraigned before another tribunal
Time enough for him to be released for
another trial when he has served out mis-
present sentence