New-York tribune., 1901-04-19
DEFENDING OBERLIN ~ cApTr,
JUDGE WILSON CALLS THE SOLICITOR.
GENERALS BRIEF "IRRELEvANr
AND SCANDAIOCS"

Washington. April is.-In the United States sr
preme Court to-day Judge jeremiah N WYlso,
representing Oberlin NJ. Carter. filed a motion ,,r
ing the court to strike from its files the br,., :.
SolicitorGeneral Richards in that case as "irrs,.
want and scendalous." The motion Is based q, -,
assertion that the Soliciter-Ce went our,5.
of the record in his brief.
In his statement in support of the motion Judv.
Wilson says that the only question is vhe,bs,
not the court martial that tried Captain Carter
on certain charges and specifications had jursdir.
ton 20 impose the penalty of Imprisonment =,
which he is now being subjected in the peniten,,,-
at Leavenworth. Kan He then SAYS he had Nc,
considered il TO cite authorities on IN.
question as to whether a pTocesdinx 4,
habess corpus be used writ of error o.
appeal Hence there was no effort 70 secure rs
view of the case by the court. He takes up II.
Solicitor-Generars brief, saying:
The Solicitor-General, in his brief in opposition
fas taken occasion to make some very broad as
sertions in regard TO the guilt OF Captain Carter
no. based upon any matters appearing in the
ord. but apparently based upon matters appearing
In some other proceeding IN New lors. before
commissioner. 10 which proceeding Carter was
in way a party, and also, upon his own alega-
bi 'nar nd I9e tbat Liter nS
had defrauded the government of s2.1s9.l59. and
of this money between himself and Others and he
enters upon description OF the manner in which
this division made.
How the Solicitor General got these alleged facts
or from whom he got them he does not say. and
Justify the interiection Of matters of this kind
IN proceeding of this character it is impossible
conceive. I venture 10 say that he will pre-
tend that the matters which alluson has been
made We're procured in any proceeding where
in Captain Carter had opportunity TO be heard
In Of this broad denunCa tion of Captain Car
by the Solicitor General. upon assertions OF
facts not found in any record 70 which Captain
Carter i'm any wise a party. and with references
matters before this court. and which have
nothing whatever 10 do with the question that Is
before the court. 7 trust that / may wtthou.
transcending the bounds of proprfsty state that
Captain Carter denies the truth OF these
ments. thai he is innocent Of the offence
which the Solicitor General charges him. and
that he is ready, willing and anxious 10 try the
of having conspired against the government and
ernbezzled its moneys. before any civil tribunal.
anywhere and any time that the government
will afford him opportunity 10 be heard.
and challenges the government 10 afford him such
an opportunity. II the government knows. be-
Heves IL knows what the Solicitor-Cieneral has
stated alluded above there can be no difficulty
in having this matter of his guilt innocence OF
these charges determined by a tribunal that would
have full jurisdiction. and guided by rules that
have been long established for the furtheranca Of
justice
I respectfully submit this brief paper because
have thought I would not be doing my duty toward
Captain Carter II permitted these most extraor-
10 stand upon the files of this court uuchalenged.
and therefore move the strike the
brief of the Socitor-Ceneral from the files as
irrelevant and scandalouS.
The court took the motion under advisement.