The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-07
CARTER CASE AGREEMENT
IMPORTANT DECISION REACHED IN
THE CIVIL ACTIONS.
Ex-Army Omcer's Relatives Place All
Funds i'm Trust Until the Court
Rules I'm the Procedure.

CHICAGO Nov. 6.-Oberlin NJ. Carter,
now a convict in the government prison at
Fort Leavenworth, Kan, and formerly
captain in the United States engineer corps,
is to have a rehearing in civil tribunal.
He now has the assurance of the govern
ment authorities that all the evidence is to
be reviewed again before Judge Kohlsaat
in the United States Circuit Court, in this
city, the hearing to take place, probably, in
a few months. Carter will be called on as
a witness in his own behalf and for the
purpose of testifying in court he will be
released temporarily from his place of con-
finement.
This is the result of the suits brought by
the government some months ago in sew
eral federal courts for the purpose of re-
covering the proceeds of $722, $50 which il
was proved at the court-martiaI that Car
ter had embeZZled from the United States.
His uncle, Lorenzo ID. Carter, and his
brother, l. stanton Carter, were said to
have reinvested this money and secreted 1t
for the purpose Of having a fortune ready
for the former army officer on his release
from the military prison. Difficulties We're
encountered by the representatives of the
government in getting trace Of the securi-
ties which were said TO represent this
amount, and at last they signed an agree
ment with Carter S legal representative,
Horace G.. Stone, by which a rehearing 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 Ma
riOn Erwin, special assistant attorney gen
eral for the United States and Attorney
Stone. for Carter, his brother and his un-
Gle. The principal provision made in this
stipulation is that the issues I'm all the
similar suits now pending in the federal
courts of New York, New Jersey, Georgia.
West Virginia and the Southern district of
Illinois shall be united with the case in
the Federal Court i'm Chicago. The ex-
animation Of witnesses is to be held here,
either before Judge Kohsaat or a master
in chancery TO be named by him. After
full examination the ownership OF the
bonds and other securities of Carter. which
the government claims its property. will
be determined by the court. The decision
in this court will affect the standing OF
the cases in all the other cases similarly.
Pending decision in this central case
the property held i'm the name of Carters
relatives, which has been impounded
through receiverships in the various courts.
will remain intact. The amount impOunded
up to date is said 10 be nearly half a million
dollars. other bonds in the possession OF
Carter's relatives will be turned over to
agreement. When the case is finally dis
posed of these valuable assets VIII become
either the property OF the government or
OF Carter.
So confident Is Carter Of final vindication
that he cheerfully joined in this agreement
with the governments representative. He
told his relatives and his lawyer 10 turn
over 10 the court at once the property that
is I'm dispute and on the courts decision he
will base his chance OF being pauper or a
rich man when he is outside the prison
gates.