The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-17
SOLICITOR GENERAL RICHARDS
SAYS CARTER STOLE THREE
QUARTERS OF A MILLION
HOW THE LOOT WAS DIVIDED
GREENE AND THE GAYNORS TO-
GETHER RECEIVED TWuCE
AS MUCH MORE
BUT HE NEEDED THE MONEY
Capt. Carter Wanted TO Be Military
Attache to the Embassy OF the
United States at the
British Court.

WASHINGTON, April 16.-Solicitor
General Richards today filed with the
limited States supreme court a brief In
opposition to the application for bail
filed about ten days ago in behalf OF
former Capt. Oherlin NJ Carter, now
confined in the United States penlten-
tiary ait Fort Leavenworth, Kan, upon
conviction Of fraud in connection with
harbor improvements etc, at savannah
Ca After reviewing the history of the
case. the solicitor general says III part;
1.-The validity of CaIter'S conviction
and sentence by the court martial which
alone could try him for crimes com
mitted as an officer of the United States
army in violation of the articles Oh "ar'
has been sustained by three civil courts
and five Judges not counting this cours-
before which the matter is now penCing
for the third time. Carter now apples
for the suspension of the just sentence
of this lawful tribunal and asks to pc
released from Imprisonment pending the
hearing of this second appeal, upon the
following grounds:
HE NEEDS SYMPATHY.
''First-Because he is suffering. from
nelrasthenia and is on the verge OF nerV-
Gus collapse by reason OF '9ental al"
pllish owing to his impriSonement.
''Second-Because he is innocent or the
charges in which he was convicted Dy
the court-martial, and the only way ne
can establish his innocence, SO ne says
Is bv pressing to trial the charges en-
braced in the Georgia Indictment, Whlch:
he asserts cannot be tried because 9I
his absence from Georgia.
AS to the first ground, the sohcltor
general submits an argument tending to
show Carter's sound mental condition
and files with the court the aftidavits os
five physicians who examined Carter ana
affirm in closing that Garter is not no"
suffering from neurasthen1a; that ne Is
not on the verge of nervous coIapse;
that his nervous condition is not gfeatvt
than we would expect to find IN
healthy person of said Carriers standing
confined in a prison.
.'Affidavits further say that said car
ter is now physically and mentally
sound.
This affidavit is supplemented by affi-
davits from the warden and<physlclan cL
the prison.
AS to the second ground for the re-
lease on bail, the solicitor general says
in part: ,-,
'aSince Carter has dragged into TINS
ease the fact that he is under uolCI-
ment along with Greene and the GaynOFS,
and has sworn that the criminal case
cannot be tried because Oh ms absence
from Georgia, and asserts that ne wants
to be released so he may demand
it. it is proper for me to call the atten.
ton of the court to the fact that II
the criminal case cannot be tried WITH
out Carter neither can 1t be tried with
o11t his co-cCUspiratorS, Greene and the
Gaynors Yet. ever since the Indictment
was found, in December, 1873, the gov
ernment has been strenuously endeavor,
Ing 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 $2169, ,l59 through
Carter's operations, of which he Carter
received one-third, with travelling ex-
pcnses added. In view of these facts,
Mr. Richards asks:
rs it any wonder that Garter wants
to get out on bail? Is it any wonder he
desires TO be put in a position where he
can personally handle the SinaWS of war
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 III his ease, If he has sent his
securities out of the country and made
UP lis mind that the best thing he can
do would be to follow them?
Describing the method of Carter's oper-
Etions, Mr.. Richards says;
WHAT CARTER CLEANED UP
'"Fhe division of this 'swag' was at
tended to by Carter personally. When
the time came to make a payment under
Tie SOill10CI OdIlST, WHO was IOCaI6Q
Savannah, and had charge of the work
on behalf of the government, would
give to the representatives of Greene aui
the Gaylors locally in charge at Savan-
nah, 2 government check sufficient to paw
for the labor and material which actual
ly went into the Improvement, and then
he would draw a government check for
the excess of the contract price, repre-
Eenting what gamblers would call the
Velvet'-thc fruit of the fraudulent con-
spiracy, 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. Carter would
be specially allowed out of the amount
BIS for travelling expenses, and the bal
enee would be divided into thirds. one
third going to Carter, one-third TO
Greene and one-third to the Gaynors.
In this way Garter drew out of the con
sPiracy $722,52S.02, and of this amount
the records of stock brokers in New York
show that he invest ed in stocks and
bonds $3.50, 301.S5. For his travelling ex-
penses Carter received $1,575 He nnada
twerty-one trips to New York en- this
mission, and at the time was in excellent
condition financially to be appointed
mlt1tary attache at the Court of ST
James, ~