Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-05-23
ThsCASE AGAINST NELLY
DATA RECEIVED BY WAR DEPART
MENT FROM GEN. WOOD.
Forwarded to District Attorney Bur-
nett in Charge OF the Prosecu-
ton at New York.

! The War Department. has received from
| Gen. Wood at Havana, the substance OF
| two criminal charges to be preferred
| against Nicely in connection with the Cuban
| postal frauds. These We're at once for
| warded to the Department of Justice, which
| is dealing with the extradition and prosecu-
| ton of Nicely. 1t was said that the charges
| are merely specific complains of matters
| included in the general charge against the
| prisoners, but they are regarded as neces-
| sary for the prosecution of he eXtradition
| proceedings The Department of Justice IN
| turn telegraphed the charges to District
| Attorney Burnett at New York, and de-
! clined to make any statement as to tfeir
character.
| 1t is believed. however that the charges
| are two counts specifying the illegal con-
version of public moneys to the use OF
Nicely. In that case the charges might be
prosecuted in the United States, ana II may
| be that it was the intention of the govern
ment officers to provide in that manner
| against a possible failure of the effort to
obtain the eXtradition of Nicely to CUBA
In fact, 1t is said here that the charge upon
which that person is now held in New YORK
is of the very slightest character, so slight
as to be subject to grave doubt as to It's
Sutf1ciency against writ of habeaS corpus,
being nothing more, according to report,
than an allegation that Nicely brought mis-
appropriated money into the United States.
Hence there is necessity for Immediately
strengthening the case, not only with a
view to eXtradition, but also because 1t Is
desired to make sure there shall be no mis-
carriage of justice by providing the ma
tcrial for prosecution in the United STATES
as resort.
Col. BurtOn's Investigation.
A good deal of the case of the govern
ment against c. F. W. Nicely, the alleged
% al iS Divpn
in the affidavit of Col. George II. Burton
upon which Nicely was rearrested in New
York yesterday.
Colonel Burton recites how he was or
dered. April "a. by General Wood to exam
inc the accounts of the Cuban postal serv,
ice. He found irregularities, and VISITED
Nicely in the latters office. Here ne 1ouhd
a man named Reynolds, who held frequent
whispered conversations with Nicely snort
ly afterward, when Nicely learned of the
investigation. he left for New York d.
rector General Rathbone stated in response
to a question that Nicely had gone to New
York and could be found at the Waldorf
Astoria. A cablegram was sent directing
his return, but he paid no attention to It,
The affidavit further recites the duties OF
Nicely as treasurer, and says the only rec
ords he kept of his transactions was
ledger. which contained statement OF the
receipts for stamped paper. box rents ana
money order business from January J. 1900,
April ~. l.NV- mere were iio l'Noi w.
concerning the Havana office from March
II to April 80. Continuing, the affidavit
sets forth
The ledger left by said Nicely shows
that the cash receipts were from fifty-nlne
important post offices in the Island of Cuba
for the months of January. February,
March and April 1900: as follows:
For January, 1900, Nicely received from
the sale of stamped paper and from box
rents the sum of S2s.302.22 OF this amount
he deposited with the said treasurer the
sum of S11.5.3O
For February, 1900. he received from
the sale of stamped paper and from box
rents the sum of $4,000. So to which he
added the sum of S7.662. Oh received by him
from fees of the money order business for
the months of July. August and Septem-
Der, 1899. He took up in cash also in the
month of February, 1900, the sum of 81
500 Al received from fees of the money or
der business for the months Of October.
November and December. 1899 He did
not. however. deposit this latter amount
with the said treasurer. This last amount,
added to the first two items makes the to-
tai receipts for February. 1900. amount to
the sum of 81. 22So 6. of which he deposited
the sum of S24. 3G.,.O1
an March he collected from the sale of
stamped paper and box rents the sum or
S27Go2 50. Of which he deposited the sum
of S16.926.14
an April, 1900. he collected the sum of
sos 92s a. of which he deposited the sum
of S1S.459.sS.
NeeIy's Receipts and Shortage.
my investigation demonstrated that
Charles f. W. Nicely as chief of the bureau
of finance, has received the sum of Sl22.-
GIt;G2 of which he has deposited with the
treasurer of Cuba the sum of S77.2S1 81, and
that the balance. amounting to the sum of
S4J37 or any part thereof. cannot be
found, and hat the said sum remains en-
tirely uraccOunted for
The order upon which Nicely was arrested
reads as follows
cit having been Smade to appear to me
by the affidavit of George II. Burton, veri-
fled on May 10 1900. and the affidavit Of f.
]. Jones and Frederick p, Smith. verified
on May II 1900. and the verified complaint
in this action that a sufficient cause Of
ton exists in favor of the plaintiff, the
United States, against the defendant for
the wrongful conversion of S4J,.}Il.2J, you
are requested forthwith to arrest the said
defendant in this action, Charles +. w.
Nicely. and hold him to bail in the sum of
S-OOoo and to return this order. with the
proceeding thercinunder, as prescribed by
law.
AS soon as this order was issued United
States marshal was put in charge of the
case, and within an hour had the alleged
embeZZler He was taken before a magis-
tratc and held in $4,000 bonds, which he
was unable to furnish Later he was re-
moved to the Ludlow street Jail.
The investigation of Nicely and his meth
DDS has unearthed a scheme in New York
city, it is said, where Nicely sold quantities
of Cuban stamps to dealers
Transfers of Real Estate.
Addition to Congress Heights-Henry c.