The Van Buren press., 1901-04-20
OBERL|N N. GARTER CASE
Solicitor General Richards Opposes
Former Capt. Carter's APP
plication for Bail.
GROUNDS OF OPPOSITION IN BRIEF
Carter's Claim that He Is On the
Verge of Nervous Collapse Dis
proved by the Ahidavits OF EN-
pert Physicians and the Ofiicers
of the Pcnitentiary.

pert Physiciuhs uhu 'he
| of the Pcnitentiary.
Washington, April 7.-Solicitor
| General Richards has filed with the
| United States supreme court Drlel
in opposition to the application Tor
bail filed, about ten days ago, IN behlf
of former Capt. Oberlin NJ. Carter,
now confined in the United states
penitcrtiary at Fort Leavenwor;h,
Kas., upon conviction of fraud in CON
nection with harbor improvement,
etc, at Savannah, Ga. After reviewing
the history of the case the solicitor
general says in part:
"The validity of Carriers conviction
and sentence by the court martial,
which alcnc could try him for crimes
committed as an officer Of the United
States army, in violation of the ar
ticles of war, has been sustained by
three civil courts and five judges, not
counting this court, before which the
matter is now pending for the thlHn
time. Carter now applies for the suS'
pension Of the Just sentence of this
lawful tribunal, and asks to be re-
leased from Imprisonment pending
the herring OF this second appeal, up
upon the following grounds:
First-Because he is suffering from
neurasthena, and is on the verge OF
nervous collapse, by reason of mental
anguish, owing to his Imprisonment.
Second-Bccause he is innocent OF
the charges on which he was convicteI
he can establish his innocence, so ne
says, is by pressing to trial the
charges embraced in the Georgia in
dictment which, he asserts, can not
be tried because of his absence from
Georgia"
As to the first ground, the solicitor
general submits an argument tend
ing to show Carriers sound mental
condition, and files with the court the
afhdavits of five physicians who exam
ined Carter and affirm, in closing,
that Garter is not now suffering
from neurasthenia; that he is not on
the verge Of nervous collapse, that his
nervous condition is not greater than
we would expect to find in healthy
person of said Carriers standing con-
fined in prison.
"Aflants further say that said Car
ter is now physically and mentally
sound"
This affidavit is supplemented by af-
fidayits from the warden and physi-
clan of the prison.
As to the second ground for the re-
lease on bail the solicitor general
says in part:
"Since Carter has dragged into this
case the fact that he is under indict-
ment along with Greene and the GAY
nors, and has sworn that the crmina,
case can not be tried because of his
absence from Georgia, and asserts
that he wants to be released so he
may demand trial by jury in Gcor-
gin, and prepare for IT, il is proper
for me to call the attention of the
court TO the fact that If the criminal
ease can not be tried without Car
ter, neither can il be tried without
| his co-conspirators, Greene and the
| Gaynors. Yet, ever since the indct-
ment was found, in December, 1899,
the government has been strenuously
endcavoring to secure the removal Of
Greene and the Gaynors from New
| York to Georgia for trial"
| Mr. Richards says that the inycsti-
cations OF the government reveal the
loss of an aggregate Of S2,l6o,l 5)
through Cnrter's operations, Of which
he Carter received one-third, with
travelling expenses added In view Of
these facts, Mr.. Richards asks; us II
any wonder that Carter wants to get
out on bul?" Is IL any wonder that he
desires to be put In n position where
he can personally handle the sinews
OF war which he obtained by fraud
from the government that educated
him and gave him his standing and
reputation? What bail could the court
fix that would be sufficient IN his
case. II he has sent his securities out
of the country and made up his mind
that the best thing he could do would
be TO follow thcm?"