Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-05-22
NEELYSE EXTRADITION
Attorney Lindsay Argues Against
the Pending Bill.
CLAIMS TRIAL SHOULD Be HELD HERE
Declares That the Proposed Legis-
Iation is Unprecedented.
BILL REPORTED TO HOUSE

John D. Lindsay, attorney for Charles P.
Neely, appeared before the House judiciary
committee today and submitted argu-
ment against the proposed extradition bill.
He also presented a voluminous brief. The
proposition to subject an American citizen
to trial in a country where Spanish sys-
tenn of laws is in vogue. he contended, was
utterly opposed to American traditions.
The fundamental theory at the base of our
system, he said, assumed a man placed in
Neelys position to be innocent until COM
petent and legal evidence adduced to
prove him guilty. This fundamental prin-
cple. he claimed, was fiouted by the Span
ish law, which based on the old Latin
system and assumed man guilty soon
as charged. The burden of proof was
placed upon him.
Mr. Lindsay was closely questioned by
members of the committee.
He claimed that Mr.. Neely could be tried
only in the United States and only upon the
charge of violating a law making it a
felony to bring into the United States
money embezzled from the United States.
The funds in the custody of the United
States. though the property Of the Island
of Cuba, We're assumed by law to be the
property of the United States
That was the statute upon which Neely
was arrested Mr.. Lindsay said. The pen
tinued was Imprisonment for from six
months to five years Mr.. Lindsay claimed
that the proceeding pending before Gov
ernor Roosevelt in the reGuisition from
Governor General Wood for Neelys sur
render was for the purpose of trying him
under section 4O1 of the penal code of
Cuba That section fixed penalty of i'm
prisonment from one day to twelve years
for malversation. Mr.. Lindsay said he un-
derstood that conviction for violating this
statute carried with it provision for shack
ling the prisoner and confintng him in
dungeon. He argued that it was impossi-
BILE for an American citizen to obtain fair
trial in Cuba at this time.
The fact that Neely can be tried in
the United States. he claimed. was COM
plete reason why he should not be taken to
Cuoa.
Identification of Stolen Funds.
Mr.. Lanham, member OF the commlttee'
said that 1t would be almost Impossible TO
identify stolen funds. and that therefore II
tried under this Statute it would be obliga-
tory upon the United States to prove that
he embezzled the identical funds brought
to the United States.
certainly II Woulo' fepiieo NIL iAiiio
..,1,,a q nm. ha ;r,,oss,b,a for tha Irn;tea
States to nrove thev were the Identical
fnnds7 S,nnose he embezzIed gold and bills
were found on his nerson. Would not the
trial he a farce?''
"No cir ,, renlied Mr. LINDSAY ..1,he gov
ernment has arrestad him on this charge
It must have done so solemnly and in good
fo;tb >,
..snnnosa Nee,y b.d brouebt M funds
h.re ) osLad M Ianl.ins. ..wouid we he
;Isti6ed In nassinr his Law, to send NaeIv
baclsa,.
- ~ it;fpa - +rnin ~ h~ar;onn
ait;ap pe o;ar ~ S,,ha 's On fe'ii
..In a+bar words amsr,c.r c,t;zsns sbou,d
ho i1o,-ed ~ ro.t,' nd Ioot IN CTha "a +hair
- "iNo ~ ~ -" t-A 1"'N -. 'AA>AN
., SoSet disu 70 iiee II 'hes Can
"as tr lnne az nc nresan+ cona,tion nra-
IL ;, ioa.s ,s al et .e Piss. P;S ..I ~, pr
HI vans, ,eplieu Mr, ic,nasas' u' .nilh M 81
WI. @ .ours hnra ~ s 80 ~,
,ao any G, ti,e ~ mere anu e' iiee IL 'es CAN
reach 0uoa
Lfndsay's Brief.
Tn his br,ef Mr. LINDSAY advanced the
eo,.,,-,,,,. r-o,,ouo, ,,~o.,o..,t;o,..
'o,io" 'ns al pi
l. In the absence or treaty st,pulation'
or congressional legislation. there Is no au-
thority in the United States government to
extradite . fugitive FROM foreien iustice
. oe :" - IN . ~
2 The Cubans are free and Independent
people, and the Island of Cuba is much
foreign territory as France or England, or
anv other indenendent soyereignty
2 No nation should authorize hv treaty
o. ao enouiu t " ny eiea
III VI tes ss ri any ios III ~ .;a . ~
prae pa ,mt t t anu rht ta,
tice.
4. These considerations ought always to
pe t. aPpned wheIe 'he auestioh oi the extra
dor copsidaratinn "a ''' o"'A e'@'Ae'' - "'
s. The United States. in common with
other nations, has of recent years exempted
citizens from the operation OF extradition
trea.ies . WIN nallons administering oliiei-
en. ~ SSseeias ~ ~ Aaws ,-.,.oa e..
10. Inc poiits f u, tne oiii.eu . Hta.es mas
aamays aa ,; peeh 70 .eiuse 20 eN,iaut.e @ Aais-
cal, citILehs 1 ~ SPAN " ~ piaceS aoiiiiis
'el = lihE ~, the opn.isn ps! ssstssi % VI i'l"c
me cohultion VI ailaifs II Supa uoes
departure from the policy declared in the
opaiI.h 'ieaS VI Lo''
that uniass nrovis,on is made for the extra-
dition of fugitive American offenders
against Cuban laws. single or even many.
crimlnals may go unWnlpped OF justice.
~ %, eaa S.s;,tion 60 NJ 10 h ~ iod
in the tinted States conrts ,,non the charge
now pending against him
10. The fact that Neely is charged with a
violation Of Cuban law will not weigh with
this committee,
II. In the absence of any means whereby
the extradition of Cuban citizens charged
with crimes in the United States can he de-
manded the proposed legislation is mani
festly untimely. Reciprocal power to de-