The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-04-19
HIS APPLICATION BEFORE FEDERAL
SUPREME COURT.
solicitor General Richards Files Brief
In Observation-Disclosures as to Pris-
ner's Sound Mental and Physical
Condftion-The Fallacy OF the Claim
that Carter wfshes to Attend Trial
In Georgia-He Recounts lame In
Which Defendant Worked His Al.
legged Swindling Scheme.
legged swiudIing Scheme.

ILL.,. ApIh .-SoIlCll Hch
eral Richards today 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 penftenti-
airy at Fort Leavenworth. Kas., upon
conviction of a in connection with
harbor Improvements etc, at Savan-
nah. Ga. After reviewing the history
of the case the solicitor general says in
part:
The validity of Carriers conviction
and sentence by the court-martial
which alone could try him for crimes
committed as IN officer of the United
States army. in violation of the articles
of war. has been sustained by three
civil courts. n five Judges, not count
ing this court. before which the matter
is now pending for the third time. Car
ter now applies for the suspension of
the just sentence of this lawful tribu-
nal and asks to be released from i'm
prisonment pending the hearing of this
second appeal"
~ ASoLANl LiAS
solicitor general submitted an argument
tending to show Carter's sound mental
condition and files with the court the
affdavits OF five physicians who ex-
amined Carter and affirm. in closing,
that Carter is not suffering from neu-
~raSthenla; that he is not on the verge
of nervous collapse; that his nervous
condition is not greater than we would
expect to find in a healthy person of
W rfnrfc = lt-r
The afhants further say that Carter is
now physically and mentally sound.
This affidavit is supplemented and
confirmed by afidavits from the ward
en-, and physicians Of the prison.
AS to the other 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-
ment along with Green and the Gay
norS. and has sworn that the criminal
case cannot be tried because of his
absence from Georgia. asserts that he
wants to be released so he may demand
a trial by jury in Georgia. and prepare
for 1t, it is proper for me to all the at
tention of the court to the fact that
If the criminal case cannot be tried
without Carter. neither can it be tried
without his demonstrators. Green and
the GaynOrs. Yet. ever since the in
dictment was found. in December 1899,
tiiC SosCI iililCII ildS uScu lISlluOuSly
endeavoring to secure the removal Of
Green and the Gaynors from New York
to Georgia for trial" :
Mr.. Richardson said that the investi-
cation of the government reveals the
loss Of an aggregate Of 81, 169, 159
through Carriers o%perations. of which
he (Carter) received one-third with
travelling expenses added. In view Of
these facts. Mr.. Richards asks:
rs it any wonder that Carter wants
to get u on bail? Is it any wonder
that he desires to be put in a position
where he a personally handle the
SinewS of war which he obtained by
fraud from the government that edu-
Gated him and CAV him his standing
and reputation? What pail could the
| court fix that would be sufficient in
his case, if he has sent his securities
out Of the country n made up his
mind that the best thing he could do
| would be to follow them"
Describing the method or Carriers
| operations Mr.. Richards says:
THE division of this swag was at
| tended to by Carter personally. When
the time came to make a payment I'M
| der the contract. Carter who was To-
| Gated at Savannah and had charge Of
charge. at Savannah. a government
| would give to the representatives Of
Green and the Gaynors. locally In
, chrge at Savannah. a government
check sufficient to pay for the labor
and material which actually went into
the improvement n then he would
draw a government check for the ex-
cess of the contract price. representing
what gamblers would call the velvet"
the swag of the fraudulent conspir-
acy, n putting this in his pocket,
would go to- New York. There he would
meet Green and the Gavnros. Then the
division would take place. Carter
would be especially allowed out of the
amount s25 for travelling expenses and
the balance ould be divided into
thirds. one-third going to Carter ne
third to Green and one-third to the
Gaynors. In this way. Carter drew out
Of the conspiracy 1922 .52S.02 and of this
, amount the records Of the stock-brok-
ers in New York show that he invest
ed in stocks and bonds S690.301.S5. For
his travelling expenses Carter received
S1,575. He made twenty-one trips to
New York on this mission and at the
close was in excellent condition finan-
cially, to be appointed military attache
at the court of st. James.