New-York tribune., 1911-03-25
AN INTERNATIONAL CASE
Recalls the Downfall Of Captain
Oberlin M Carter.

iamin n. Greene and John 4. GaynOr was
one Of the most important and unusual IN
the annals of American Jurisprudence.
More than a decade ago these two were
engaged in a contractuai $1."cooo0 improve
ment work in Savannah harbor under tho
supervision Of Captain Oberlin NJ. Carter.
Trouble began when Carter received the
highly priced appointment Of military at
tsche az the Court of 81. Jamess The
army officer who succeeded him al Ssvan-
nah, Captain Cassius T.. Gillette. found
evidences of fraud in the work. which re-
suited in a three months court martial for
Carter, a fine. a term - Leavenworth
prison. and ultimately in ccnfscation by
the government Of money he was alleged
TO have obtained through the harbor
frauds.
Following Carters court martial Greene
and Gaynor were indicted in December,
1899. Both were resourceful men, Greene
an honor graduate al West Point and Gay
nor former New York politician. They
fought through the preliminaries so Ions
that the case did not come to trial in
Savannah until March 6, 1902. There was
an immediate recess of feH days. during
which the defendants went 10 New York
and thence to Canada The eXtradition
laws did not apply to their case, and for
about three yesrs they lived in Quebec. -Un-
I'll on the grounds OF courtesy and friend
snip the British government agreed TO sur
render them.
The trial at Savannah before Judge En-
cry Speer. in the United States District
Court, began on January ., 1906 lasting
80, al tpr u.h
vcted of embezzlement and sentenced to
four years Imprisonment each and Jointly
to the payment Of the huge fine of $575.-
7i99
Greene and Gaynor did not begin sorv-
ing their sentences Immediately but fought
for more than n year LONGER. until the
United States Circuit Court Of Appeals at
New Orleans and afterward the Supreme
Court Of the United States had acted on
the case.
The case Of Obcrlin VI. Carter is with
out parallel in the history of the coun-
Try. considering the amount of money FOR
the enbozzlemcnt Of which he served a
term in the military prison AZ Fort
Lcavenworth. Carter. al the time ne was
accused Of the offence. in connection with
which Greene and Gaynor were likewise
thst promieed a brilliant future he had
been graduated from West Point. in 1850. a
the head of his class. He was at once de-
tailed as second lieutenant to Fort Leaven-
worth. where lie was imprisoned sixteen
years later.
Then. in 1851 he was assigned 10 work IN
connection with the Savannah harbor i'm
rroyements. the scene Of his later triumph
the assignment OF engineer officers shall
he changed every 6vc year at least,
carter obtained exemption from this rule
and remained at Savannah, leaving only
20 enter on The duties of military attache
Al London and rlcm Of the Nicar-
ssua Canal Commission
Meanwhile lie had been taken up BY Sa-
yannah society. lie was advanced to the
hrst Neutenancy soon after BIZ arrival IN
that city. then shortly TO the rank OF cap
tain. and on the death of the general IN
charge OF the harhor improvements he wa
left I'm absolute command of tho work. 10
his reputation as social light he added that
Of an engineer Of ability. Although his sal
arv from the government vas only 5000
wear. he spent money laVshly. lie owned
a yacht. the Angler. said 10 have cost t25.-
90 As le was married 10 tho daughter uf
r. I. Nestcott. president Of Westcotts 10
prcss. his largo expenditures were not
questioned al first After the death Of Mrs.
Carter. however the source of his income
wss rot 50 apparent, and tho question.
where did nc got it?' began tc he asked.
Captain Csssius y. Gillette. wh" sue
ctedcd Carter at Savannah, became sus-
Yicious ana at once began an inV"stiSd-
Ton of the harbor improvements. "" 20
roric4 that one Of the retaining w5ils iu
Tho river. though SHOWN Oh The map a3
completed ana raid tor. ras short several
feet Of rs eiGbt one of the harbor
r1aftrcfsos. Tor which thousands Of doldrE
lad bceu expended. 10 declared cou'sined
no such material Captain Gillette ~ once
dem. ndel a surve. of the work This 70
port was sent M 70 The Var department
b. CAPTAIN Gillette on August -. 1897. ana
IN Sent s,nbcr = following Carter VS. or
d.red home ana a cou~t-Insrtial. with Gen.
@tai Ctis - ~ president began taklrs
testimony on January Z. 1895
carter met the charges of 'he esrlr I'm
h4zzlenents hy pleading the statute ~ lin
revie,y ~ Carters Conduc' 10 the tno years
PRECEDING the bringins a. tire charges II
.ae found that IN that time the accused
man haA em0c7zed upvar1 II 100000 ~
the government money. Ila vas copyctei
on April % 1896. ard sentAnCed 10 dismissa
rnn, tho a~mr. pa men' ~ a fine of $1,000
and in1pri scnn1art for hVe vAare Many at
,clrpts wore mad ~ avert carter s punish-
mon, and " vas not til September %. lsf'
that sentence was fnallY PASSED, and no'
4nl Ar-il 'cNh That he "'ss sent 20 PRISON
rooduof Hc .~tu.IIry