The times., 1901-04-21
REPLIES TO CARTER'S MOTION.
Solicitor General Richards Brief
Opposing ReIease on Bail

Solicitor General Richards yesterday
filed with the Supreme Court a reply to
the motion made by counsel for Oberlin
NJ. Carter to strike from the records of
the court as irrelevant and scandalous
the Solicitor Generals brief in opposition
to an application for writ of habeas cor
pus for the release of Carter from the
Leavenworth Fenitentiary, where he is
serving a sentence OF five years for con-
spiracy to defraud the Government in con-
nection with river and harbor improve
ments at Savannah Ga.
The principal point in the motion made
By Carters counsel was the introduction
OF statements concerning the alleged con-
spiracy which did not appear in the record
of the court-martial by which Carter was
convicted or in the proceedings before the
Supreme Court to secure his release from
it's sentence.
In the brief filed yesterday. the Soliei-
tor General refers 70 the two grounds
upon which Carter's release is asked:
First, that his health is impaired. and
second. that he is an innocent man and
wants to be released in order 10 be tried
in the criminal case in Georgia-and says
they raised question entirely outside the
record in Carter's appeal The falsity OF
the statement that Carter's health is i'm
paired, says the Solicitor General, was es-
tablished by the affidavits of five physi-
clans. in addition to those of the warden
and prison physician.
To demonstrate the faIsity of the second
statement, Mr.. Richards continues, it was
necessary to state briefly what the Gov
ernment had done UP to this time in the
prosecution of the criminal Indictment
pending against Carter and his conspira-
tors in the United States Court in Geor-
gia The facts stated appeared in the
documentary evidence presented by the
Government to the United States Commits
sioner in New York upon the hearing of
the application for the removal of Greene
and the Gaynors to Georgia for trial upon
the criminal indictment. If counsel was
unaware of this, it was because he had
not consulted with the gentlemen who
represented Carter on the former hear
ings before the Supreme Court, and were
now representing Carters co-conspira-
tors in the bitter fight they were making
against being removed to Georgia for
trial The brief continues:
Believing, from the facts in his posses
sion that Carter wants to get out neither
for his health's sake nor in order to be
tried upon the criminal charge in Georgia,
the Solicitor General has laid before the
court the facts which, in his opinion make
For this he has no apology to make. 1t
is not his belief that a convicted criminal
may assail the Government he has de-
frauded and assert on oath whatever he
pleases in support of his application to
be released from punishment, while the
representative Of the Government before
this court must stand mute and permit
the charges and statements, however
reckless and false, TO go unchallenged to
the court.
Recurring to the application, permit
i, .I,..a
ture which entitled it to notice was it's
audacity. It's supposed reasons are worth
less; its alleged facts wholly without sup
port. Taken at its best, the argument
amounted to this: That Carter, having
been convicted by one tribunal. should be
released on bail-and thus while at large
serve out a sentence already justly i'm
posed-in order that he may be tried by
another tribunal. There is time enough
for him to be released for another trial
when he has served out his present SEN