The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-16
AFFIDAVITS FILED
Showing That Capt. Carter Is Sound
Mentally and Physically.

Washington, April 16.-Solicitor Ger
eral Richards today filed with the Uni
ted States supreme court a brief in OF
position to the application for bail filed
about ten days ago in behalf of former
Captain Oberlin NJ. Carter. now confined
in the United States penitentiary at Ft-
LeaVenWorth, Kan, upon conviction OF
fraud in connection with harbor i'm
provements, etc, at Savannah, Go. Al
ter reviewing the history of the case the
solicitor general says in part:
1.-The validity of Carriers 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 apples
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 groundss First, because he Is
suffering from neurasthenia and is on
the verge of nervous collapse by reason
Of mental anguish owing to his Impris-
onment; second, because he is innocent
of the charges on which he was convict
ed by the court martial and the only
way he can establish his innocence, 50
he says, is by pressing to trial the
charges embraced in the Georgia indict-
because of his absence from Georgia
As to the first ground the solicitor gen.
eral submits an argument tending to
show Carriers sound mental condition
and files with the court the affidavits of
five physicians who examined Carter
and affirm in closing that Carter is not
now suffering from neuraSthenta; that
he is not on the verge of nervous col
lapse: that his nervous condition is not
worse than we would expect to find in a
healthy person of said Carriers standing
confined in prison
Atlantis further say that said Carter
is now physically and mentally sound
This affidavit is supplemented by affi-
davits from the warden and physician
of the prison.
AS to the second ground for release on
bail, the solicitor general says in part:
s'Sinee Carter has dragged into this
case the fact that he is under Indictment
along with Greene and the Gaynors and
has sworn that the criminal case cannot
be tried because of his absence from
Georgia, and asserts that he wants to be
released so he demands a trial by jury
in Georgia and prepare for it, it is prop
err for me to call the attention of the
court to the fact that if the criminal
case cannot be tried without Carter, nei-
ther can it be tried without his Cocoon
spiratOrs, Greene and the GaynOrs- eYt.
ever since the Indictment was found in
December 1893 the government has been
StrenuCusly endeavoginge to secure the
removal of Greene and the Gaynors
from New York to Georgia for trial y
Mr.. Richards says that the investiga-
tions of the government reveal the loss
of an aggregate of $2,169,159 through
Carriers operati of which he Carter
received one-third with travelling ex-
penses added. In view of these facts Mr..
Richards asks. is it any wonder that
Garter wants to get out on bail? Is it
any wonder that he desires to be put in
a position where he can personally han
die the sinews of war which he obtained
by fraud from the government that ed
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 and made up his mind that
the best thing he could do would be to
follow them %
Mr. Richards then detailed the method
pursued by the captain in his operations,
saying that the division of -swag' was
attended to by Carter personally