The times. [volume] (Washington [D.C.]) 1897-1901, 1900-10-12
CUBAN POSTAL FRAUDS.
The Charges Upon Which Rathbone
VIII he Prosecuted.

he Prosecuted.
NEW YORK, Oct. ia Washington
despatch to the Evening Post" says:
The interest manifested of late by
Fourth Assistant Postmaster General
evidence Of ex-Director of Posts Rath-
bones shortcomings in Cuba has led to
the circulation of reports that great
deal of new evidence against Rathbonc
had been discovered. and that he would be
put upon his trial as an accomplice Of the
defaulter Nicely. This is an error. Al
though diligent search has been made.
and by men who believed that Rathbone
was a direct sharer in Neely's rascalities,
no legal chain Of proof connecting him
with these has yet been forged. On the
contrary, many things have been found
which would indicate rather that the two
men were pretty well out Of touch with
each other.
BY this is not meant that Rathbone Will
not be prosecuted as vigorously as Nicely.
On the contrary. the latest advices from
Havana show that the authorities there
are preparing to try RathbOne on four
separate charges. The first deals with
his laches as an administrative officer.
Under the Cuban law this is said to be
more serious offence than direct pecuia-
ton. the theory of the law being that the
higher officer. intrusted with responsible
ty for the acts Of several subordinates,
becomes particeps criminis with the &C
tual offenders il. through his negligence.
they find an opportunity for cheating the
Government. In other words, their Of
fences are limited to the domain OF vul-
gar theft. while his embrace responsible
ty for the total loss caused to the Gov
eminent through all of them. and dis
arrangement of his honor as trustee be-
sides.
The second charge deals with the two
drafts, aggregating $1,000. which Rathbone
made upon the Treasury for his personal
use and advantage, without vouchers or
explanation OF any sort. Though given
abundant opportunity to do so, he is said
to have made no effort either to refute
this charge or excuse his wrongdoing. HIS
silence under such an accusation is re-
garded as a particularly damaging proof
against him.
The third charge deals with the per diem
allowance which IVES made to him by the
Postmaster General when he complained
tina: his expenses were too heavy for him
to meet with the regular annual compen-
sation he was then drawing. When his
salary was raised 1t was with the tacit I'M
place of the per diem. His excuse in this
instance is that he never received for
NAL order to cut off the per diem allow
ance. 1t Is fact. however. that he re-
ceived as much of an order for this as he
ever received to draw the per diem. The
whole matter was one OF correspondents
conducted in the informal fashion of su-
perior and subordinate in confidential
relations.
too IN y,,,t
everything of the sort into formal shape.
Possibly the prosecution may find a weak
spot in its equipment here. for the time
honored methods of officialdom in Cuba
are understood to be replete with nice
formalities, however little deserving of
praise for results and nothing else will
be likely to satisfy the Cuban courts.
Rathbone's S. a day is said to have run
along unlawfully, from the Governments
point of view. for the greater part Of
yeas, and will involve sum amounting
to 81. ECO to 1900.
I The fourth charge concerns itself with
Rathbone's extraordinary expenditures
from the public funds, which stand upon
the border line between extravaganza and
embezzlement. These have been recited so
often in print that no repetition is needed
here. Rathbone and his household seem
| to have been able to dip Into the Cuban
treasury whenever anything was needed
for their personal comfort. IT is not posi-
lively known here what view the Cuban
law would take of such matters as this.
No one In Washington appears to know
whether Rathbone's case is one which will
come before jury or be tried by a judge
alone. On some accounts 1t is hoped here
that judge will have the handling of it.
as the temper of the Cuban populace is
not well enough known in our country to
warrant the assurance of an intelligent
| and fair trial according to our standards.
AS to the penalties. the general under
standing here is that they are measured,
in such cases as Rathbone's, by the char
| acter of the offences rather than by the
amounts involved. II this be true. tie
expectation is that fate will go hard with
| the eX-Director OF Posts.