Evening star., 1901-04-16
Solicitor General Files Brief in the
Carter Case.
APPLICATION OF THELATTER FOR BAIL
Grounds Disputed as Being Fic-
titious.
REVIEWING THE MATTER

| 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 penitentiary
| at Fort Leavenworth Kan. upon convic-
| tion of fraud in connection with harbor
| improvements etc, at Savannah, Ga. At
| ter reviewing the history of the case, the
solicitor general says in part:
| The validity of Carter's conviction and
| sentence by the court-martial, which alone
| could try him for crimes committed as an
| officer of the United States army, in viola
| ton of the articles of war, has been sus-
| tanned by three civil courts and five judges,
| not counting this court, before which the
| matter is now pending for the third time
Carter now applies 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 grounds:
Grounds for Appeal.
/ "First-Because he is suffering from neu-
rasthenia and is on the verge of nervous
| collapse by reason of mental anguish owing
| to his imprisonment.
''Second-Because he is innocent of the
| charges of which he was convicted by the
| court-martial, and the only way he can es-
tabllsh his innocence, so he says, is by
pressing to trial the charges embraced in
the Georgia Indictment, which, he asserts,
cannot be tried because of his absence from
Georgia"
AS to the first ground, the solicitor gen.
eral submits an argument tending to show
Carter'S sound mental condition and files
with the court the affidavits of five physi-
clans who examined Carter and affirm in
closing that Garter is not now suffering
from neurasthenia; that he is not on the
verge of nervous collapse; that his ner-
Vous condition is not greater than We would
expect to find in healthy person of said
Carters standing confined in a prison.
Afiants further say that said Carter is
now physically and mentally sound"
This affidavit is supplemented and con-
| firmed by afiidavits from the warden and
physician of the prison.
As to the second ground for release on
bail, the solicitor general SAYS, in part:
"Since Carter has been dragged Into this
case the fact that he is under Indictment
along with Greene and the Gaynors ard
has sworn that the criminal cas. cannon
| be tried because of his absence from Geor-
gia, and asserts that he wants to be re-
iease0 SO he may demand trial by jury
IN Georgia. and prepare for it, 1t is proper
| for me to call the attention Of the court to
the fact that if the criminal case cannot
! be tried without Carter. neither can It be
and the Gaynors. Yet, ever since the in
dictment was found. in December, 1899.
the government has been strenuously en-
leaVoring to secure the removal of Greene
r.
gia for trial.
The Governments Investigation
Mr.. Richards says that the investigations
of the government reveal the loss of an
aggregate Of $2,169,159 through Carter's
operations. Of which he Garter received
one-third, with travelling expenses added
In view of these facts Mr. Richards asks:
is 1t any wonder that Carter wants to
get out on bail? Is it any wonder that he
desires to be put in position where he can
personally handle the Sinews of war which
he obtained by fraud from the government
that educated him and gave him his stand
ing and reputation? What bail could the
court fix that would be sufficient in his case
II 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?' o"
Describing the method of Carter's opera
tfons, Mr.. Richards says:
The division of this Swag was attended
TO by carter personally. When the time
came to make payment under the con-
tract, Carter, who was located at Savannah
and had charge Of the work on behalf of
the government, would give to the repre-
sentatives Of Greene and the Gaynors,
locally in charge at Savannah a govern,
ment check sufficient to pay for the labor
and materials which actually went into
the Improvement, and then he would draw
a government check for the excess of
the contract price, representing what gam
blers would call the velvet'-the fruit of
the fraudulent conspiracy, and putting this
In his pocket, would go to New York
There he would meet Greene and the Cav
nCrs. Then the division would take place.
Carter would be specially allowed out of
the amount $75 for travelling expenses and
the balance would be divided into thirds,
one-third to Carter, one-third to Greene
and one-third to the Gaynors. In this way,
Carter drew out of the conspiracy sT22,-
52S.02, and of this amount the records of
stock brokers in New York show that he
invested in stocks and bonds $500 3Ol S.
For his travelling expenses Carter received
$1,515. He made twenty-one trips to New
York on this mission, and at the close was
in excellent condition financially, to be ap-
pointed military attache at the Court Of