The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-23
what Records OF Postal Earnings He
Kept Were All I'm One Ledger
Handed I'm by Clerk Rich.
HIS CoUNsEL's ARGUMENT
BEFORE THE HOUSE COMMITTEE ON
JUDICIARY YESTERDAY.
voIumfnous Brief Against the Extra
dition of His Client-Ray Bill
Amended by the Committee.


Neely, former financial chief Of the postal
department in Cuba, was rearrested to-day
by a United States marshal. The arrest
was made on a warrant issued by United
esates Circuit Judge Lacombe, in a civil
suit against Neely by the United States.
He IN charged with wrongful conversion Of
Is. His bail was fixed at $4,000. The
arrest was made on information furnished
by George H. Burton. and the order of ar
rest was indorsed by Edward X. Jones,
special attorney general. and Frederick p.
Smith. The prisoner was taken to the
United States marshars office and later
was arraigned before Judge Lacombe
Counsel for the prisoner made application
for a reduction of the bail. but it was de-
MED. Neely was then taken to the Ludlow
street Jail. The order OF arrest reads. in
part:
TT having been made to appear to me
by the affidavit OF George II. Burton, veri-
fed on May 10. 1900. and the affidavits of F..
X. Jones and Frederick p. Smith, verified
on May q. 1900. and the verified complaint
in this action that a sufficient cause of
action exists I'm favor of the plaintiff-the
United States against the defendant for the
wrongful conversion of $f5.375.25, you are
requested forthwith to arrest the said de-
fendant in this action. Charles f. w. Nee
ly, and hold him to bail in the sum OF $5O-
900. and to return this order with the pro-
ceeding Hereunder as prescribed by law
BURTONS AFFIDAVIT
Attached to the order is the afidavit of
Burton, an inspector general OF the United
States army, with rank OF colonel sta
toned in Cuba, and other affidavits. In his
afiidavit Colonel Burton states that, on
April "a, 1900. he was ordered by Major
General Wood to examine accounts and
vouchers In the department of posts in
Cuba, passed upon and audited by the as
sistant auditor from the inception Of his
Office to April "a. 1900. Colonel Burton, ac-
cording to his affidavit, examined the ac-
counts and found irregularities that made
II necessary for him to visit Neely's Office
10 examine his accounts. He saw a Mr..
Reynolds In Neely's office, and this man.
ne asserts, held frequent whispered talks
with bis superior. After Neely learned his
accounts were to be examined he left Ha-
vana on the steamship Mexico.
Mr.. Burton further alleges that he
learned from 4. G.. Rathbone, director OF
posts in Cuba, that Neely had gone to the
waidorf-Astoria. in New York. A cable dis
patch was sent to Nicely to return. but he
paid no attention to it.
Continuing. Colonel Burton SAYS: s"The
duties OF the chief of bureau OF finance
Charles +. w. Nicely, were to collect all the
revenues derived from the post department,
or the Island OF Cuba, including the sale
OF stamped paper, box rents and the fees
from the postal money order business and
10 deposit the same 10 the credit Of the di.
rector OF posts. with the treasurer of the
Island OF Cuba. in Havana In order To as
certain the amount Of said revenues. I de.
manded the cash book. ledger and the en-.
tire records of the office from Jan. /. lsOO
to April 30. 1900.
NEELY'S LEDGER
Mr.. Rich. In the presence of the directo,
OF posts. handed me a book which. he
stated. was Mr.. Neely's ledger. and ais,
stated that said ledger was all the record
that said Neely had left pertaining TO nos.
tai earnings. which statement Rathbon,
eorroborated- Said ledger contained =
~-@e cA ehc ACCciplS lot stamped Da
per. box rents and some receipts from tn.
fees OF the money-order business from
Jan. ]. 1900. TO April so. 1900. with the ex
ception OF the receipts OF the Havana post
'ofiice. from March 15 1900, TO April 80 1900
OF which there was no record asked sal,
Rich IL he had I'm the Office any posta
earnings not yet deposited. and he an
rwered In the negative. but stated that h.
had receipts OF May and 2, 1900, and tha
he (Rich) had collected since Neely's de
parture, which money he produced, and
counted Il and found the same TO amoun
TO fraction over $5.0oO. Said Rich ais,
stated that all the money received by sal,
Neely had been deposited with the treas
urer OF the island OF Cuba on or befor,
April 30 1900
'The ledger left by said Neely shows tina
the cash receipts were from fifty-nIn,
postoffices in the island OF Cuba, for tn,
months OF January. February. March
and April. 1900. as follows: For January
1909. Neely received from the sale o
stamped paper and from boz rents the sun