The Savannah morning news., 1903-02-26
CARTER WILL RETURN
EX-CAPTAIN LONGS TO COME
BACK TO SAVANNAH.
MESSAGE FROM PRISON
ASKS PUBLIC TO SUSPEND SEN
TENCE 4 LITTLE LONGER.

Courts - Then He VIII Return
Here Works Night and Day On
His Case in PrisOn-Says He Has
Received Many Letters from Synl-
pathizing savannah Friends-IIiS
Leading Counsel Talks of the
Case-Charges That Carriers SEN
tence Was the Outcome of En-
travaRance.
The hearing in the civil case of the
United States, against Oberlin NJ. Car
ter, which was postponed yesterday
morning, will be commenced this morn
ing in the United States Circuit Court
room before William r. Hewlett,
special commissioner. The testimony
will be used in the main case in Chi
cago. There being no reference by the
court, the consent of counsel on both
sides was necessary before the testi-
irony could be taken. The drafting of
this agreement, and preliminary mat
tiers. necessitated tine postponement.
At the hearing the condition
of the work done by Carter in Cumber-
land Sound will he the subject of in
vestigation. Capt. Gillette and As
sistant Engineer Bacon will be exam
ined by United States District Attorney
Marion Erwin, and cross-examined by
counsel for Carter Mr.. G. H. Stone of
Chicago, and Mr.. w. G. Charlton. 1t
is not expected that anything startling
will be developed. Mr.. Erwin will pro-
duce witnesses to testify as to the date
of certain transactions.
Mr.. Stone is Carriers leading coun-
sci, having succeeded Judge Wilson,
who died some time ago. He is thor
oughly cOnversant with every phase of
the important and interesting case, and
talks entertainingly of it. He is a
handsome man of splendid physique.
who would attract attention anywhere.
His eyes are dark and he wears a neat
ly groOmed short grey beard. He is
close to Carter, and comes with a mes
sage from the ex-captain of engineers
To the people of Savannah.
The Message from LeavenwOrth.
Il do not wish to argue Carter's
cause in the press" said Mr. Stone,
but there is one thing 1 do wish to
say. 1t is Capt. Carter's wish that the
people of Savannah suspend sentence
until the determination of his case.
Though he is in the penitentiary under
sentence of CouTt-martial, the merits
of the case have never been passed
upon by the courts. He has a warm
spot in his heart for Savannah, and
speaks often of the city. l have never
been here before, but have heard him
speak of your city many, many times.
He will return here after the expi-
ration of his sentence. l have heard
him say mjany times that when he has
been Vindicated in the coming trial, he
wants to come back to Savannah and
meet those friends who throughout his
troubles have lent their sympathy and
sheen unwilling to believe the ugly
charge against him. l know that
there are a great many people here
who are still his friends. for l have
seen numerous letters which he has re-
ceived during his confinement at
Leavenworth.
His sentence will expire next
Thanksgiving day. While it is true
that he was convicted by military
court-martial, / will be borne out in
my assertion that there was never
enough evidence against him to con-
Wet a child of stealing a straw. He
has never been tried. as is the popular
and erroneous impression, by the
courts of the land. The matter was
appealed to the courts but they de-
creed that whether or not there was
sufficient evidence to warrant a con-
viction, it was not within their prov
ince to review the finding of a court
martial.
Got None of the SwaE.
by a peculiar statute of the United
States, embezzlement consists in the
disbursement of moneys which should
not be expended, the intention to de-
ff~or n he artf .sY IL,
not being necessary elements to the
constitution of the crime. Carter new
er received any of the swag. He was
convicted of embezzlement, but not
one scintilla of evidence has ever been
produced to show that he shared in
the rake-off. if any there was. except
the evidence of his father-in-law, old
man Westcott.
And as to old man Westcotts testi-
mony, l have overwhelming evidence
to show that he perjured himself. 1 can
prove that the important tectimony
which he gave, to the effect that the
bonds were brought to him by Capt
Greene in black satchel from Carter
was perjury, and that those bonds had
as a matter of truth, been in his pos
session long before he even knew Car
ter, and that he had clipped coupons
from them for years, and that these
bonds, which were subsequently, by re-
corded agreement, transferred by
Westcott to Carter were dhe property
of his rich old father-in-law. who
swore falsely in order to clear himself
in the case"
The case will come up for trial in
Chicago as soon as both sides have fin
ished gathering testimony. 1t has been
agreed that every matter involved shall
be disposed of by the decree in this
case, the determination of the court at
Chicago, ending the matter. Mr.. Stone
says that if the government can prove
that Carter invested any amount of
swag in the property now tied up by
the various receivers and in the reg
istry of the court. he will admit their
right to the whole amount. There is,
he says, no middle of the road to it.
Longs to Come Back.
Yes, he wants to come back here,''
his case like a tiger. He has a brilliant
mind. You know he graduated with
the highest distinction ever attained at
West Point When l first took up his
case / saw that unless the strain on
his mind was relieved and he was
kept busy, he would go crazy He had
a wild stare in his eye, and he was
nervous and broken down in system.
Accordingly l obtained the permits
sion of the warden at Fort Leaven-
worth to set him to work on his own
case. Right then ] told him that he
had wrought himself much injury by
failing to disclose everything. / told
him that it was to be a show down
and ! wanted him to write out every
ha raF