The times. [volume] (Washington [D.C.]) 1897-1901, 1900-05-11
70 FIGHq Ez1RADITIQN
Neely Will Not Willingly Return
20 Havana for Trial.

bursting: officer of Ct,ba Seeking In
fornntion-Aw nitinG II Decision II.
The Department of Justice ON
Attorneys for Charles F. w Nicely the
postal disbursing officer of Cuba who is
charged with the ENLIGHTENMENT OF Cuban
postal funds, are in Washington trying to
prevent his eXtradition to Cuba for trial.
Their plan as disclosed yesterday is TO Sc
cure his trial in the United States courts
instead OF Cuban courts. The case is now
before the Department of Justice for an
opinion as to whether he should be tried in
this country or in Cuba. Neely's attor-
neys are now endeavoring TO have cxtradi-
tion proceedings stopped until there is a
decision by the Attorney General. They do
not want General Wood to press Neely's
immediate return, and have so Indicated to
the Secretarr of War
letter has been written to Secretary
! Root on the subject by Nicoll. Anable &
Lindsay. of Nassau Street, New York, who
ter. Secretary Root advised them that he
had nothing TO do with the affair, as it is
now before the Department of Justice Yes
terday John Douglas Lindsay of New York
called at the War Department to see Sec
| retary Root for the purpose of asking that
no further efforts for extradition be made
until the question of where the trial is TO
| take place is determined Mr. Lindsay did
at Mr
say called upon Attorney General Griggs
and informed him that Neely will fight ex-
| tradition when given hearing in New
! York. Mr.. Lindsay also sought informa-
ton as to how the Government would pro-
| ceed against Neely. and what his oppor-
| tunity would be for hearing
MIR. Lindsay was informed that the De-
| partment of Justice would depend upon
the information it is expecting from Cuba
| when the Governments agents arrive. He
! spoke with assurance of the innocence OF
his client, and said that the fight he in
| tends to make to have Neely tried in this
country will be on the ground that he be-
| lieves that it will be better for his client,
and that he will be likely TO get fairer
| trial in the United States than if taken
! to Cuba. He said that this stand would
| be taken in the interest of his client rot
| because he is guilty, nor did it indicate
| guilt. Mr.. Lindsay said that the pre-
sumption of his guilt had been estab-
| lished in the public mind by reports con-
| cerning Neely's alleged embezzlement of
| funds of the postoffice, and that to prove
| his innocence he would seek trial and
| justice in the courts where his attorneys
believed he would receive the fairest
| treatment.
Mr. Lindsay left after making plain what
he would do in his clients interest, but
without gaining much light on the Gov
! ernment's attitude in the matter, or the
steps that would be taken. AS to whether
the War Department or the Postoffice De-
| partment is to be held responsible for
Neelys actions there has been no opinion
offered by the Attorney General. His
opinion has not been asked up to This
| time. The War Department, however, is
| not responsible according to an informal
| opinion as Neely was appointed to the
| postoffice service in Cuba by the Presi-
dent. There seems to be no difference of
opinion on this subject in the Department
of Justice.
Coming from Neely's attorney, the in
formation that he Will fight extradit.on
though it is what the Government officials
have expected: is authentic light on the
attitude of Neely and refutes reports to
the effect tnat Neely intends to return 10
Cuba to face trial without a fight.
The Administration is engrossed in the
Cuban postal frauds. and it has decided
10 go ahead at once with a thorough in
vestigation. The President yesterday had
a conference OF hour and Lalt
with Secretary Root. Attorney General
Griggs, and Postmaster General Smith in
regard to the character OF the enquiry
The evidence thus far indicates that tie
frauds may be OF much wider scope than
was originally expected. and the Presi-
dent and his advisers are much perturbsd
at their magnitude.
Postmaster General Smith has detailed the
Deputy Auditor for the Postofiice Depart
ment, A. L. Lawshe, to proceed to Havar a
and institute thorough investigation of the
frauds Mr.. Lawshe will be accompanied
by H. o. Nettleton, an expert bookkeepel
of the Department. and number of ex-
perienced postofiice inspectors. 1t is ex-
pected that the party will leave for
| Havana today The investigation is to
be thoroughgoing, and it is impossi bic
even to conjecture how long it will last.