The Savannah morning news., 1901-11-07
TO HAVE NEW TRIAL
CARTER WILL HAVE REHEARING
BEFORE CIVIL TRIBUNAL.
IN CHICAGO FEDERAL COURT.
THE HEARING To TAKE PLACE
WITHIN A FEW MONTHS.

Pending Decision an This Case
Carter's Property Impounded
Through Various Receiverships
Will Remain Intact-When First
Advised of the Arrangements for
Rehearing the LeavenwOrth
Prisoner Cried for JOY and Said
He Would BE vindimated.
Chicago. Nov. 6.-Oberlin NJ. Carter.
now convict in the government prison
| at Fort Leavenworth, Kan, and for
merly captain in the United States
Engineer Corps. is to have a rehearing
of his case in a civil tribunal. He now
has the assurance of the government
authorities that all the evidence is 20
| be reviewed before Judge kohlsaat in
the United States Circuit Court in this
city, the hearing to take place, prob
ably within few months. Carter will
be called on as witness in his own
behalf. and for the purpose of testi-
| flying in court, he will be released tenn
! porarily from the place of confinement.
This is the result of the suits brought
| by the government some months ago
in several federal courts, for the pur-
pose of recovering 1922. .5s2, which. it
| was alleged at the court martial, Car
| ter had embezzled from the United
| States. His uncle, Lorenzo D. Carter,
and his brother. l. Stanton Carter,
were said to have reinvested this mon
! ey and secreted it for the purpose of
| having a fortune ready for the former
! army offer upon his release from the
| military prison.
| Difficulties we're encountered by the
| representatives of the government in
| getting trace of the securities, which
/ were said to represent this amount,
| and at last they signed an agreement
with Carriers legal representative,
| Horace G.. Stone, by which a rehear-
| ing of all the charges brought against
the former captain of engineers was
made possible. This agreement was
filed in the United States Circuit Court
to-day, signed by Marion Erwin. spe-
cial assistant attorney general for the
| United States and Attorney Stone for
Carter. his brother and his uncle. The
! principal provision made in this stipu-
lation is that the issues in all the SIM
liar suits now pending in the federal
courts of New York, New Jersey. Geor-
eia West Virginia, and the southern
| district of Illinois, shall be united with
cago. The examination of witnesses. is
to be held here, either before Judge
| kohlsaat or a master in chancery, to
! be named by him. After full exam
| ination the ownership of the bonds and
| other Securities of Carter. which the
! government claims as its property, will
| be determined by the court. The de-
| cision in this court will affect the
| standing of the cases in all the other
courts similarly.
Pending a decision in this central
case the property held in the name of
Carter's relatives, which has been i'm
| pounded through receiverships in the
various courts, will remain intact. The
amount impounded up to date is said
to be nearly half a million dollars. 9th
er bonds in the possession of Carter's
relatives will be turned over to the GUS
| tody of the court temporarily, by
agreement. When the case shall be dis
posed of finally these valuable assets
will become either the property of the
| government or Of Carter.
So confident is Carter of final vindi-
| cation that he cheerfully Joined in this
agreement with the governments rep
rcsentatives. He told his relatives and
his lawyer TO turn over to the courts
| at once the property in dispute, and
| on the court decision he will base his
| chance of being a pauper or a rich
man when he shall be outside the pris-
| on gates.
Attorney Stone visited Carter at
Fort Leavenworth a few days ago. He
| says his client knew nothing of the
arrangements that were being made for
a rehearing of the case, but when he
was shown the papers of agreement he
almost cried for joy
Il will be vindicated" he said. "The
nIIhlic will have the cha noe rsf Iearripey
of the wrong that has been done me.
It will be shown where the court-mar.
tial erred. / place my faith in the civil
courts"