Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-16
R0ASTS CAR Err
SEVERE ARRAIGNMENT OF THE
DEFAULTING ENGINEER.
HE IS NOW IN BEST OF HEALTH
liIu,
But Asks for Fourth Trial and Escape
for the Just Penalty of His
Crimes, Says Prosecute n. 70

Washington April l6.-Solicitor Gen-
eral Richards to-day filed with the SUI
preme court brief in opposition TO tile
application for bail filed about ten days
ago in behalf of former Captain Oher.
lin NJ Carter. now confined in the Unit
ed States penitentiary at Fort LeavAs,
worth. Kansas. upon conviction of fraud
in connection with harbor improvements.
etc. at Savannah Ga. After reviewins
the history of the case the solicitor gen
eral says in part:
The validity of Carriers convict II and
sentence by the eou.t martial which alone
could try him for crimes committed
as an officer of the United States army
in violation of the articles of war. has
been sustained by three civil courts and
five judges not counting this court be-
fore which the matter is now pending
for the third time. Carter now applies
for the suspension of the just sentence of
this lawful tribunal and asks to I've
released from Imprisonment pending the
hearing of this second appeal. upon the
following grounds:
First. because he is suffering from
neurasthena and on the verge OF nerv-
Gus collapse by reason Of mental arg-
uish owing to his imprisonment: sec
ond. because he is innocent of the charges
of which he was convicted by the court
martial and the only way he can es-
tablish his innocence, he says is bv
pressing 70 trial the charges embraced
in the Georgia Indictment which. he as
SertS, cannot be tried because Of his an
sence from Georgia.
AS to the first ground. the solicitor
general submits an argument tending to
show g G G. md VT, II
files with the court the affidavits OF five
physicians who examined Carter and If
firm in closing that Garter is not now
suffering from neuras thena: that he is
not on the verge of collapse: that his
nervous condition is greater than we ex-
pect to find in a healthy person of said
Carter's standing confined in prison
Atlantis further say that said Carter
is now physically and mentally soundt
This affidavit is supplemented by aft
davits from the warden and physician Of
the prison. =.
AS to the second ground for release on
bail. the solicitor general says in part:
SINCE Carter has dragged into thi,
case the fact that he is under indictment
along with Greene and the Gaynors and
has sworn that the criminal case cannot
be tried because of his absence from
Georgia and asserts that he wants to be
released so he may demand a trial by
jury IN Georgia and prepare for it, it is
| proper for me to call the ayrenilon OF the
court to the fact that if the criminal case
cannot be tried without Carter, neithe,
can it be tried without his co-conspira tors
Greene and Gaynors. Yet, ever since the
, indictment was found. in December 1893
the government has been strenuously en-
deavoring to secure the removal of
Greene and the Gaynors from New York
to Georgia for trial.
Mr. Richards says that the investiga
! tions of the government reveal the loss of
an aggregate of s., $50 1879 through Carriers
opera tons of which he (Carter) received
one-third with travelling expenses added
In view of these facts Mr.. Richards asks:
rs it any wonder that Carter wants &c
i get out on bail? Is it any wonder that he
desires to be put in position where he
! can personally handle the sneWs of wa,
/ 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 if he has sent his So.
curities out of the country and made III
his mind that the best thing he could dc
would be to follow them?'' b.
Mr.. Richards then details the methods
pursued by the captain in his operations
saying "That the division of "sWag' wa.
attended to by Carter personality