The Savannah morning news., 1901-04-19
Mr.. RICHARDS BRIEF
CARTER'S ATTORNEY SAYS 1T is
SCANDALOUS.
JUDGE WILSON'S MOTION.
SHOULD BE STRUCK FROM THE
RECORD, HE SAYS.

Nothing in the Records of the Case
Upon which to Bnse the Asscr-
tions Made by the Solicitor Gener-
al with Regard to Ex-Cnpt. Car
ter, Says Judge WiIsOn-Cnrter
Denies the Statements, Asserts His
Innocence and Challenges the
Government for an Opportunity
TO Prove 1t.
Washington, April 1s,-In the United
States Supreme Court to-day Judge j. VI.
Wilson, representing ex-Capt o. NJ. Car
ter. filed a motion for the court to strike
from it's files the brief of Solicitor Gen.
eral Richards in that case as "scandalous
and irrelevant" This motion is based on
the assertion that the solicitor general
goes outside of the record in his brief.
In the course of his statement in sup
port OF the motion Judge Wilson said that
.''the only question is whether the court
martial that tried Capt. Carter on certain
charges and specifications had jurisdic-
ton to impose the penalty of imprison-
ment to which he is now being subjected
in the penitentiary at Leavenworth,
Kan"
He then states that he had not consid-
cred it necessary to cite authorities ON
the question as to whether a proceeding
in habeas corpus can be used as writ of
error or appeal Hence, there was no ef-
fort to secure a review of the case by
the court. He then takes up the solicitor
generals brief saying:
1.-The solicitor general in his brief, in
opposition, has taken occasion to make
some very broad assertions in regard to
the guilt of Capt. Carter, not based upon
any matters appearing in the record, but
apparently based upon matter appearing
in some other proceedings in New York
before a commissioner, tc which proceed
ing Carter was in no way party and
also upon his own allegations, that the
government had discovered evidence which
would demonstrate that Carter and
others had defrauded the government in
some 81, ,169, ,159 03. and that Carter had
personally attended to the division Of this
money between himself and others, and
he enters upon a description OF the man
ner in which this division was made.
How the solicitor general got these al-
legged facts or from whom he got them he
does not say and upon what legal princir
pie he would attempt to justify the In
terjection of matters of this kind in a
proceeding of this character it is impos-
sible to conceive. l venture to say that
he will not pretend that the matters to
which allusion has been made were ever
procured in any proceeding wherein Capt.
Carter had an opportunity to be heard.
The Statements Denied.
I'm view Of this broad denunciation OF
Capt Carter by the solicitor general,
upon assertions of facts not found in any
record to which Capt. Carter was in any
wise a party, and with reference to mat
ters not before this count, and which
have nothing whatever to do with the
question that Is before the court, trust
that l may, without transcending the
bounds of propriety, state that Capt. Car
ter denies the truth of these statements,
asserts that he is innocent of the Of
fenses with which the solicitor gem
eral charges him and that he is
ready, willing and anxious to try the
question as to whether he is or not guilty
of having conspired against the govern
ment and embezzled its moneys, before
any civil tribunal anywhere and at any
time that the government will afford him
an opportunity to be heard, and chal-
an opportunity. If the government knows,
or believes 1t knows, what the solicitor
general has stated, alluded to above. there
can be no difficulty in having this matter
of his guilt or innocence of these charges
determined by tribunal that would have
full jurisdiction and guided by rules that
have been long established for the fur
tberance of Justice
II respectfully submit this brief paper,
because I have thought I would not be
doing my duty toward Capt. Carter IL |
permitted these most extraordinary state
ments, made in this most unusual way, to
stand upon the files OF this court unchal-
lenged, and ] therefore move the court to
strike the brief of the solicitor general
from the files as irrelevant and scanda-
lous."
The court took the motion under I'D
visement.
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AnnEHl tn nnEnlnEhr