The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-02-16
CARTER IN COURT
BUT HIS HOPES ARE AGAIN
BLASTED.
IS RETURNED TO PRISON.
HE IS REFUSED BAIL BY THE
COURT.

He Gives Ont "A Statement, Declaring
Mistakenly COnvicted-TaIl1s of "a
Secret Investigation Conducted
After His COnviction-Carter the
Best Dressed Man in Court and In
Apparently the Best of HeaIth-Two
Physicians Made Amdavits to the
Contrary, However.
Leavenworth, Kan, Feb. 15.-Oberlin NJ.
Carter, ex-captain of engineers, u. S. A,
was brought from the federal prison to
the United States District Court here to-
day to hear arguments for his release,
pending the appeal of his habeas corpus
proceedings in the United States Supreme
Court. The prisoner appeared to be in
good health.
Two physicians offered affdavits to the
effect that the prisoner is a sufferer from
neurasthemina, and if confined for any
length of time, will suffer mental col
lapse and become insane. An affidavit by
Carter asserted his innocence and plead
ed for release, so he may secure a civil
trial in Savannah.
Judge Hook refused to release Carter on
bail and ordered him remanded to the
federal penitentiary to await the action
of the United States Supreme Court on
the appeal in his habeas corpus case.
Alter brief argument bye his attorney
A. H. Atwood, who contended that the
court had the power to admit the prisoner
to bail, and the reading of two affidavits
of physicians regarding Carter health,
Judge Hook handed down his dec.s on.
He held in subs .ance that the judgment
of the court-mart al was final unless set
ASIDE by the Suprc Court of the United
States.
II cannot" Judge Hook said in closing
''even had the court the power, which is
doubtful, see a reason for liberating the
prisoner on bail. Such a case has not
been presented that would authorize any
thing of the kind and the motion is de-
MED and the judgment of the court-mar-
tai stands"
Carter flushed a IS these words were spok-
ell, but soon regained his composure,
quietly put on his overcoat and left the
courtroom with Warden McClaughrey to
return to the penitentiary. When he ap-
peared in court to-day to hear the argu-
ments in his behalf Carter was by far
the best dressed man in the room, and
dppSdISN 10 DS III EOpQ Neditn. mere
was crowd of nearly 800 in the courtroom
and along the corridors, aud they mani
tested a great desire to get look at the
prisoner. This annoyed Garter, and he
flushed and tried to avoid facing the spec
tators.
Before being taken back to the Federal
prison at Fort Leavenworth this afternoon,
Carter issued the following statement:
II am absolutely innocent. I was mis-
takenly condemned by a military tribunal
which had no power to compel the testi-
mony of civilian witnesses, simply on q
majority vote, for an alleged civil offense
which the ablest engineers of America,
both civil and military, swear did not
exist
when ex-senator Edmuuds, appointed
by the prosecution to review the proceed
ings in my case, declared that illegal evil
dence was admitted in my trial, but that,
nevertheless / was not proven guilty of
the only offense OF which 1 now stand
condemned, and when ii became known
that the verdict of the military tribunal
was a mistake a man was employed by
the prosecution to conduct a secret in
vestigation. Thus, while 1 was led to be-
lieve that my case was again being pass
ed upon judicially, l was, in fact, being
tried in secret on matter not before the
military tribunal, not taken in my pres
ence, and since proven to be
false. pleaded for trial
in a court of justice, but 1 was
informed that interests higher than mine
might suffer by the disclosure of the in
cidents attending my persecution, and I
was imprisoned, where it was known
was powerless to dompel a trial.
Nov, for the first time, has a way
appeared in which l may secure a trial
in court of justice of full powers and
thus establish my innocence.
81 have, however no word of criticism
of the army at large, which knows moth
ing, of the facts in this case, nor of the
President, who had no time personally
to examine into my case, and who had the
right to assume his advisers i'm this mat
ter honest; but l shall not cease to de-
mand an opportunity legally to establish
the truth, no matter whom IL hurts, not
only to vindicate my manhood, but to re-
move the stain upon the honor OF the
army caused by the mistaken conviction
| Of an innocent man.