The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-17
OPPOSES CARRIERS RELEASE.
Brief of the solicitor General Before
the Supreme Court

| tut court.
The Governments brief in opposition
| to the application of ex-Capt Oberlin NJ.
Carter for writ of habeas corpus to
release him from the United States peni-
| Tertiary at Fort LeaVenworth was filed
with the United States Supreme Court
yesterday by Solicitor General Richards
In the application for the writ, filed by
| Carriers counsel about ten days ago. it
was alleged that the defendant was in
poor health, an affidavit of physician
| to that effect being appended to the ap-
plication. Carriers counsel also stated that
unless the defendant was released he
| could not prove his innocence of the
| charge of which he was convicted
In his brief the Solicitor General care
fully reviews the proceedings leading up
to Carriers conviction and sentence.
carriers conviction by tfe court-mar-
| tial. which alone could try him for crimes
committed as an officer of the United
States Army" says the Solicitor General
mad been sustained by three civil courts
and five judges. not counting the court
before which the matter is now pending
for the third time
Replying to the plea of i'll health set up
by Carriers counsel. the Solicitor Gener-
al files with the court the affidavits of five
physicians, who examined Carter. and
who state that Carter is not now suf-
fering 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 per-
son OF said Carter's standing confined in
a prison.
Ahlants further say that said Carter
is now physically and mentally sound"
a re Of
slclan OF the prison supplemeIting the
above are also filed.
In answer to the second plea of Car
Ter counsel, the Solicitor General saws in
substance:
If the criminal case against Carter and
mis- co-conspirators cannot be tried. as Car
ter alleged. in the absence of the latter
from Georgia, neither could It be tried
without Greene and the Gaynors whom
the Government had been trying since De-
cember. 1899, to remove to Georgia for
trlal. In the desperate fight which Car
ter co-conspfrators had made against re-
tnoVal and trial before a jury the United
states mad been compelled to produce be-
lore the commissioner in New York thou
SANDS OF pages of testimony, tending to
prove the guilt OF Carter and his asso-
ciates. Over year had been consumed
in the Introduction Of testimony. The
United States had been compelled viz
tually TO try the case before the commits
sioner to secure the warrant for removal
and the writ had not been determined.
Greene and the Gaynors were still in New
York.
Since Carter had been tried and con-
victed by court-martial the Government
had not ceased in the investigation of the
fran
his cc-conspirators were engaged. Docu-
mentary evidence books, and papers had
been presented which demonstrated that
Carter and Greene and the Gaynors, be-
tween January 3. 1888 and July Il. 1897
had defrauded the Government of s. i69. :
49,
The division of this 'swas" the Solicit
tor General continues. was attended to by
Carter personally. When the time came
20 make a payment under the contract
Carter, who was located at Savannah and
had charge of the work on behalf of the
Government, would give to the represen-
tatiyes of Greene and the Gaynors local
ly in charge at Savannah, a Government
check sufficient to pay for the labor and
materials which actually went into the
improvement. and then he would draw a
Government check for the excess of the
contract price. representing what gamblers
would call the Velvet'-the fruit of the
fraudulent conspiracy-and putting this In
his pocket would go to New York. There
he would meet Greene and the Gaynors
Then The division would take place. Car
ter would be specially allowed out of the
amount so for travelling expenses and the
balance would be divided into thirds-one-
third going to Carter. one-third to Greene,
and one-third to the Gaynors
In this way Carter drew out of the
conspiracy $l22, 52S. o. and of this amount
the records of stock brokers in New York
show that he invested in stocks and bonds
$685., 90lS5. For his travelling expenses Car
ter received $3.50. He made twenty-one
trips to New York on this mission. and at
the close was In excellent condition finan-
cially to be appointed military attache at
the Court of st James