The Montgomery advertiser., 1901-11-07
AN AGREEMENT REACHED
Evidence Will Come Before
 Judge KOhlSaat.
The Convicted Army Captain De- lighted When He Learned That the Case Will Again Be Heard.
 Civil Matter This Time.

Chicago, Nov. 6.-Oberlin M. Carter, now a convict in the Government prison at Fort Leavenworth, Kas., and formerly captain in the united States Ens1neer Corps, is to have a rehearing of his case in a civil tribunal.
 He now has the assurance of the Gov ernment authorities that all the evidence is to be reviewed again before Judge Kohlsaat in the United States Circuit Court. in this city, the hearing probably to take place in few months. carter will be called on as a witness in his own behalf and for the purpose of testi- flying in court. he will be temporarily re- leased from his place of confinement
 This is the result of the suits brought by the Government some months ago in several Federal courts for the purpose of recovering the proceeds of $722.5S2 which 1t was proved at the courtmarttal that Carter had embedded from the United States.
 His uncle, Lorenzo D. Carter, and his brother, l. Stanton Carter, were said to have reinvested this money and secreted 1t for the purpose of having fortune ready for the former army officer upon his release from the military prison.
 Difficulties Encountered.
 Difficulties were encountered by the rep resentatives of the Government in getting trace of the securities which were said to represent this amount, and at last they signed an agreement with Carters legal representatives, Horace c. Stone, by which a rehearing of all the charges brought against the former captain or engineers was made possible.
 This agreement was filed in the United States Circuit Court today, signed by Marion Erwin, special assistant attorney general for the United States, and Attor- ney Stone for Carter, his brother and his uncIe The principal provision is that the issues in all the similar suits now pending in the federal courts of New York. New Jersey. Georgia West virginit and .tAe soathern Dissfic4 ot lirss3.s shall court in Chicago. The examination of witnesses Is to be held here. After full examination, the ownership of the bonds and other securities of Carter, which the government claims as its property, VIII be determined by the court.
 Pending a decision, the property held in the name of Carter's relatives, which has been impounded through receiverships in the various courts, will remain intact. The amount impounded up to date IS said to be nearly a half million dollars. Other bonds in the possession of Carter's rela- lives will be turned over to the custody of the court temporarily, by agreement.
 So confident is Carter of final yindlca- tion that he cheerfully joined in this agreement with the governments repre- sentative. He told his relatives and his lawyers to turn over to the courts at once the property that is in dispute and on the courts decision he will base his chance of being a pauper or a rich man when he is outside the prison gates.
 Attorney Stone visited Carter at Fort Leavenworth few days ago. He says his client knew nothing of the arrange ments that were being made for a re- hearing of the case, but when he was shown the papers of agreement he almost cried for joy. "Then I will be vindi- cated." he said. The public will have A chance of learning of the wrong that has been done me. It will be shown where the court martial erred. I place my faith in the civil courts"