The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-05-23
DEFENSE Of EHEY
BY His Attorney, is That if He
is Sent to Cuba
HE WILL BE PUNISHED
Spanish Laws, and Cuban
Sentiment Against Him.

Washington. May 22-John D. Lindsey,
attorney for Charles P Neeley. appeared
before the house judiciary committee to-
day and submitted an argument against
the proposed extradition bill. He also
presented voluminous brief. The propo-
trial in a country where a Spanisa sys-
tenn of laws is in vogue. he commended,
was utterly opposed to American tradi-
tons. The fundamental theory at the
base Of our system. he said, assumed a
man placed in Neeleys position to be in
nocent until competent and legal evidence
was adduced to prove him guilty. This
fundamental principle, he claimed, was
fouted by the Spanish law, which was
based on the old Latin system, and as
srmed man guilty as soon as csarged.
The burden of proof was placed upon
him. Mr.. Lindsey was closed questioned
by members of the committee. He claim
ed that Medley could only be tried In
the United States and only on the charge
Of the violation of law making it felony
to bring into the United States money
emhezzled 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 tse statute upon which Medley
was arrested, Mr.. Lindsey said. The pen
atty for the violation of this law. he
continued, was imprisonment for from
six months to five years. Mr.. Lindsey
said the proceedings pending before Gov
ernor Roosevelt in the requisition from
Governor General Wood for Neeleys sur
render were for the purpose of trying him
under section 4O1 of the penal code of
Cuba. That section fixed a penalty of
imprisonment from one day to twelve
years for malversation. Mr.. Lindsey said
he understood that conviction for viola
ton this statute carried with it provi-
I'sion for Stacking the prisoner and con-
fning him in a dungeon. He argued that
it was impossible for an American citi-
zen to obtain a fair trial In Cuba at this
time. The fact that Neeley can be tried
in the United States, he claimed was
complete reason why he should not be
taken to Cuba.
Mr.. Lanham, a member Of the commit
tee, said that it would be almost impos-
sible to identify stolen funds, and that
therefore if tried under this statute it
would be obligatory upon the United
States to prove that he embezzled the
identical funds brought to the United
States
Certainly it would" replied Mr. Lisd-
sey.
Would it not be impossible for the
United States to prove they were the
identical funds? Suppose he embezzled
gold, and bills were found on his person?
Would not the trial be a farce?"
mo SIR" replied Mr.. Lindsay. "The
government has arrested him on this
and is good faith"
Suppose Medley had brought on funds
here" asked Mr. Jenkins. would not we
be justified in passing this law to send
Medley back?''
''No SIR" replied Mr.. Lindsey. 1--WE
would not be justified in turning an
American citizen over to Cuba"
I'm other words, American citizens
should be allowed to rob and loot in Cuba
to their hearts content. and go scot free
If they can reach the United States"
"As long as the present condition pre-
walls" re piled Mr.. Lindsey. Gas long
walls" replied Mr.. Lindsey. II thik so.
We are today telling Cubans they can
commit any crime here and go free II
they can reach Cuba
In 1nr;a I'D al ha
following general propositions:
lin the absence of a treaty stipula-
ton, or congressional legislation, there IS
no authority in the United States govern
ment TO extradite a fugitive from foreign
justice.
''2-The Cubans are free and independ-
ent people and the Island of Cuba is as
much foreign territory as France or Eng
land. or any other independent sover-
eighty.
''3-No nation should authorize by treaty
or legislation any form Of extradition to
a place where the laws and judicial
methods are abhorrent to its ideas OF
right and justice.
"4-These considerations ought always
to be applied where the question of the
extradition by nation Of its own citizens
IS under consideration.
''5-The United States. in common with
other nations. has of recent years ex-
empted citizens from the operation OF ex-
tradition treaties with nations administer
ing inefficient systems OF laws
''s-The policy of the United States has
always been to refuse TO extradits
American citizens to Spain or to places
administering the Spanish system Of law