The times., 1901-04-17
OPPOSES CARTER'S RELEASE.
Brief of the solicitor General Before
the Supreme Court.


The Government brief in opposition
to the application of ex-Capt Oberlin NJ
Carter for a writ of habeas corpus to
release him from the United States peni-
tentiary at Fort Leavenworth was filed
with the United States Supreme Court
yesterday by Solicitor General Richards.
In the application for the writ, filed by
Carter's counsel about ten days ago, it
was alleged that the defendant was in
poor health, an affidavit of a physician
to that effect being appended TO the ap-
plicatiOn. Carter's counsel also stated that
unless the defendant was released he
could not prove his innocence of the
charge of which he was convicted.
In his brief the Solicitor General care
fully reviews the proceedings leading up
to Carter's conviction and sentence.
"Carter's conviction by the court-mar-
tial. which alone could try him for crimes
committed as an officer of the United
States Army" says the Solicitor General.
mad been sustained by three civil courts
and five judges. not counting the court
before which the matter is now pending
for the third time
Replying to the plea of i'll health set up
| by Carter's counsel. the Solicitor Gener-
| al files with the court the affidavits of five
| physicians, who examined Carter. and
who state that Garter is not now suf-
fering from neurasthenia; that he is not
on the verge of nervous collapse; that
! his nervous condition is not greater than
we would expect to find in healthy per-
| son of said Carter's standing confined in
a prison.
''Affiants further say that said Carter
is now physically and mentally sound"
Affidavits of the warden and the ply
sician of the prison supplementing the
above are also filed
In answer to the second plea of Car
ter's counsel. the Solicitor General says in
! substance:
If the criminal case against Carter and
his co-conspira tors cannot be tried as Car
| ter alleged. in the absence of the latter
| from Georgia, neither could 1t be tried
without Greene and the Gaynors. whom
the Government had been trying since De-
cember. 1899, to remove to Georgia for
trial In the desperate fight which Car
ters co-conspirators had made against re-
moval and trial before a jury, the United
States had been compelled to produce be-
fore the commissioner in New York thou
sands of pages of testimony. tending ia
prove the guilt of Carter and his asso-
ciates. Over year had been consumed
in the introduction of testimony. The
United States had been compelled vir-
tually TO try the case before the commits
sioner to secure the warrant for remova
and the writ had not been determined
Greene and the Gaynors were still In New
York
Since Carter had been tried and con
victed by court-martial the Government
had not ceased in the investigation of tn
fraudulent transactions in which ne ant
mentary evidence, books, and papers hat
been presented which demonstrated tina
[ Carter and Greene and the Gaynors, be
r tween January s. 1893, and July Il. 1S9i
1 had defrauded the Government of 81, 1863
= 159
r THE division of this 'swas'" the Solici
r tor General continues. was attended to b
4 Carter personally When the time cam
= to make a payment under the contraC
, Carter, who was located at Savannah, an
had charge of the work on behalf of tn
Il Government, would give to the represer
y tatives of Greene and the GaynOrs loca
: Is in charge at Savannah, Governmer
d check sufficient to pay for the labor an
d materials which actually went into tn
s Improvement, and then he would draw
If Government check for the excess of ii
d contract price. representing what gambler
It would call the velvet'-the fruit of II
e fraudulent conspiracy-and putting this
[ his pocket would go 10 New York. The1
=, he would meet Greene and the Gaynor
, Then the division would take place. Ca
/ ter would be specially allowed out of q
d amount SO for travelling expenses and Il
Is / balance would be divided into thirds-on
J. third going TO Carter, one-third to Green
and one-third to the GaynoTs.
IA In this way Carter drew out OF II
,s conspiracy $722.5 .02. and of this amou
n the records Of stock brokers In New o.
- | show that he invested in stocks and bon'
: $500 30l So. For his travelling expenses ca
70 ter received $3.50 He made twenty-ol
- trips to New York on this mission. and
the close was In excellent condition tina
: cially to be appointed military attaehe
u - LIN