The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-19
PLEADS FOR oBERLIN CARTER.
Judge Wilson Defends His Motiem
for q Habeas Corpus writ.

for . Habeas Corpus writ.
In the Supreme Court Of the United
States yesterday Judge Jere N. Wilson.
counsel for Ob<riin NJ. Carter. filed
statement and motion as to the brief Of
Solicitor General Richards, which was
filed with the court Tuesday in oppoei-
ton to the application of Caters counsel
for writ of habeas corpus for admission
OF the defendant to bail The court. il is
understood. will pass upon the motion
Monday. Judge Wilson's statement and
motion are as follows:
I'm the application made by oberiin NJ.
Carter for admission to bail IL was briefly
stated that the question now pending in
this case before this court. and the only
question. is whether the court-martial
that tried Captain Carter on certain
charges and specifications had jurisdic-
tion to impose the penalty of irnprison-
ment to which he is now being subjected
In the penitentiary at Leavenworth, Kan.
Carter claims that court did not have
| jurisdiction, and, for the purpose OF hav-
| ing that question determined, instituted
| this habeas corpus proceeding; and the
decision being against him in the court
below. he brought the case to this court.
and Is asking only for the judgment Of
| this court on that question
1 iHiS COURT mas uecide0 SO many times
| that a proceeding In habeas corpus can
| not be used as a writ OF error or appeal.
| and the law on this subject being so well
settled it is useless to cite authorities in
| that regard. Counsel for Captain Carter,
| recognizing this well-settled condition Of
the law on this subject. has not sought
| to have this court consider any question
| Of error that might have occurred In the
| trial of the case before this court martial.
| either In the admission of evidence or the
| refusal to admit evidence. nor to review
| the evidence. for the purpose Of trying to
| have this court determine that the court
martial had committed error in respect Of
/ the admission or rejection of evidence or
| in its conclusions upon the weight of the
| evidence To have done so would have
| justly subjected counsel to a rebuke by
| this court.
THE Solicitor General. In his. brief In
| opposition, has taken occasion to make
| some very broad assertions in regard to
| the guilt of Captain Carter, not based
upon any matters appearing in the rec
| ord, but apparently based upon matters
| appearing in some other proceedings IN
| New York, before commissioner. to
! which proceeding Carter was In no way
| party, and also upon his own allegations,
\ that the Government had discovered evil
dence which would demonstrate that
| Carter and others had defrauded the
| Government of 81. 1853, 1895, and that Car
| ter had personally attended to the di-
/ vision of this money between himself and
| others, and he enters upon description
| of the manner 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
| principle he would attempt to justify the
| interjection of matter of this kind in a
| proceeding of this character 1t is impos-
/ sible to conceive. / venture to say that
| he will not pretend that the matters to
| which allusion has been made were ever
procured in any proceeding wherein Cap
tain Carter had an opportunity to be
| heard.
| I'm view of this broad denunciation OF
! Captain Carter by the Solicitor General,
| upon assertions Of facts not found in any
| record to which Captain Carter was in
/ any wise a party. and with reference TO
matters not before this court. and which
| have nothing whatever to do with the
| question that is before the court. trust
| that | may without transcending the
, bounds of propriety. state that Captain
! Carter denies the truth of these state
| ments. asserts that he is innocent of the
| offence with which the Solicitor General
charges him. and that he is ready. will
| ing and anxious to try the question as to
| whether he is or is not guilty of having
| conspired against the Government and
enibezzIed its moneys. before any civil
! tribunal. anywhere and at any time that
I the Government will afford him an OPP
! portunity to be heard, and challenges
| the Government to afford him such an
| opportunity.