The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-04-21
WANTS CARTER TO
REMAIN IN PRISON
Solicitor General Scores Con-
victed Army Captain.
HIS HEALTH IS GOOD
IS SIMPLY ENDEAvoRIEG TO
EVADE PUNISHMENT.

washington, April 2o.-solicitor GEN
eral Richards today Med in tie United
States supreme court q reply to the
motion made BY the counsel OF Cap
tain. @ NJ. Carter to strike from the
files OF the court as Irrelevant and
scandalous the solicitor generals b-5ef
in OPPOSITION 70 Carriers motion to be
admitted to bail pending the decision
OF his appeal in his habeas corpus pro-
ceedings.
Mr.. Richards denies that he went
outside the record in his case. and
asserts that he always. tries to observe
strictly the rules OF the court requir-
ing counsel to -confine himself to the
facts of the records in the decision Of
a case. He sets forth that Carriers
applications for bail IS supported by af-
hdavits of physicians 10 the effect that
the prisoners Health is impaired and
rthis. Nr. Richards says, is not Only
/ entirely outside the record. but is false.
Mr.. Richards also declares. that Car
terfs counsel went outside the record
in the appeal case in aveTTing that Car
ter is an Innocent man and wants 70
be released in order to be tried in the
criminal court in Georgia He adds
! that to demonstrate the falsity Of this
! last statement it was necessary for the
I solicitor general to state what the gov
I eminent has done in prosecuting the
[ in, the federal courts of Georgia.
THE facts stated, he continues APP
/ pear IN the documentary evidence pre-
i sented by the government 20 the Unite
Z ed States commissioner in New York
upon the hearing of the application TOR
i the removal Of Greene and the Baynors
j to Georgia for trial upon the criminal
/ Indictment. If counsel is unaware or
| this II Is because he has not consulted
the gentleman who represented Carter
and now are representing Carriers CO.
/ eonspirators in the bitter fight they
\ are making against being removed to
/ Georgia for trisl.
CAPTAIN IS TRICKY.
believing from the facts in his pos
session that Carter vents To get out
neither for his health s sake nor IN
order to be tried upon the criminal
t-charge in Georgia, The solicitor gen
eral has laid before the court the facts
! which, in his opinion. make clear the
i real object of this application. For this
4 he has nqr apology to. make. II IS not
I his belief that a convicted criminal may
Il assaiI the government he has defra1d-
I ed and assert on ostth Whatever ne
4 pleases in support OF his application TO
i be released from punishment, while the
n represen tative Of this government be-
! fore this court must stand mute and
! permit the charge and statements.
however reckless and false, 10 go IN
/ CHALLENGED to the COURT
Concluding. the solicitor geneFaf says:
I Recurring TO the applieauoIl- permit
me to say in conclusion that the only
feature which entitled 1t To notice was
4 its audacity Its supposed reasons were
worthless. its alleged facts Wholly
u without support Taken at its best
the argument amounted to this That
carter, having been convicted by one
tribunal should be released on ball
and thus while az large. serve cut ?
sentence already justly inposed-in or
!. der. that he may I've arraigned before
u another tribunal. Buae enough for hlfn
he has served ont his present sem
ttence," -