The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-23
CARTER STILL FIGHTS.
The Cashiered Officer Will Try to
Regain His Rank.

~
day says:
Oberlir NJ. Carter, formerly captain
in the United States engineer corps,
| will seek restoration to the army and to
his rank as result of the vindicat1on
| of the Savannah harbor graft charges
given him in the decision of Judge
Kohlsaat, which was handed down on
Saturday. He is confident of obtaining
| from the president this recognition Of
| the justice of the courts decision.
The final decree in the case of Oberlin
| M. Carter eX-captain of the United
| States engineer corps, was entered Sat
| urday by Judge Kohlsaat in the United
| States circuit court. Practically all the
! findings are in favor of the former army
/ officer
| While Carter does not get large
| share of the funds which have been the
| subject of litigation between him and
| the government, the costs of this and
all other suits against him are taxed
against the government. By the decree
Carter is awarded $4,000 which was
held by the court to be without faint
The total amount attached by the
federal authorities some years ago was
about 100000. The greater part of this
Carter claimed to have received from
his father-in-law, the late Robert r.
Westcott of New York
In an opinion announced by Judge
Kohlsaat some weeks ago, it was held
that a large part of the funds received
by Carter from Westcott were faint
ed and while Carter may not have
known of the secret partnership be-
tween Westcott and Greene and Gay
nor, yet, in the eyes of the law, he was
supposed to have had knowledge that
Green and Gaynor, the contractors,
were reaping enormous profits from
their work.
In his final decree Judge Kohlsaat re-
fused to charge Carter with the money
spent in defending himself before the
army court martial and in other tr1-
bunals All the expenses of suits
against Carter in Chicago, New York,
Savannah, and other places, except
small per cent to be determined later,
are to be paid by the government. This
amount is estimated to be about $780,
600.
The court holds further that of the
money, which it was asserted Carter re-
ceived from Greene and Gaynor, more
than 1885. 900 came from Westcott- In
asmuch as the court declares these lat
ter funds to be tainted they are to be
retained by the government, and the
court costs and attorneys fees are to be
paid from them.
The court also held that I. Stan
ton Carter, brother of the defend
ant is indebted to the government to
the extent of $11,454, a part of the
funds for the recovery Of which the
suit was started.
Oberlin M Carter was convicted of
the charge of conspiracy to defraud
| the government in the Savannah har-
| Dor work more than half a dozen
years ago, and sentenced to expiate
| his crime at the Fort Leavenworth
| prison, where he served five years
| term, being released with the usual
good behavior deductions.
| The story was that Carter, who was
off rl9 n Of
| the work, had formed a collision with
! permitting inferior materials to be
used to the end that the government
was robbed of many millions Car
ter's father-in-law, Robert F. West
/ colt of New York, it was said, was in
Guided in the plot and prof1ted as
heavily as any, When the frauds
were discovered Gaynor and Greene
! fed to Canada and it was years be-
| fore they could be extradited. They
| have only recently been sent to pris-
on. Westcott died before he was in
dicted leaving the bulk of his big
estate to Carter and his brother
| After Carter was released from
prison the government instituted suits
to recover something like 100000.
| said to have been the amount Carter
received out of the frauds. Carter as
serted that the money he had when
incarcerated. about 100000, was
| partly his own but mostly a heritage
| from Westcott.
| The government then set about to
prove that Westcott had obtained his
| money by fraud and that It belonged
to the United States. Judge Kohl
saat's decision supports this asser-
ton with limitations which really
turn the litigation into a victory for
| the cashiered officer.