The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-23
PLEA FOR EMBEZZLER NEELEY
MS ATTORNEY WANTS HIM TRIED
IN THE UNITED STATES.
House Committee Reported Ray
Extradition Bili.

Washington. May 22-John u. Lindsey.
attorney for Charles p. Medley. appeared
before the house judiciary committee to-
day and submitted an argument against
the proposed exlradltion bill. He also pre-
scented volumiuous brief The PROPOSE
tion TO subject an American citizen TO
trial in country whore Spanish system
az laws are in vogue. he contended. wac
utterly opposed 10 American traditions.
The fundamental principle at tho base Of
the system. he said, assumed a man placed
in Neeley's position 10 be Innocent until
competent and legal evidence was adduced
10 prove him guilty This fundamental
principle, he claimed, was Routed by the
Spanish law, which vas based on the old
Latin system. and assumed man guilty
as soon as indicted.
Mr.. Lindsey was closely questioned b.
members Of the committee. He claimed
that Neeey could only be tried in the
United States and only upon the charge
of violating a law making 1t a felony to
hGdng in the United states money embe2-
zled 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 rhe United States. He argued that IL
was impossible for American citizens TO
cb,ain fair trial in Cuba at this time. The
fact that Neeley can be tried in the Unit
cd Sbites, be claimed was a complete
reason why he should not be taken ~
Cuba.
MIR Lanham. member OF the commit
tee, said that II would be Impossible TO
identify stolen funds and that therefore,
If tried under this statute it would be OBJ
ligatory upon the United States TO prove
that he embez2led the identical funds
brought 10 the United States.
"Cerainly 70 would" replied Mr. Lind
sey.
Would 1t not be impossible for tho
United States TO prove that they were the
identical funds? Suppose the embezzled
gold and bills were found on his person.
Would not the trial be farce?
mo sir" replied Mr.. Lindsey "thi
government has arrested him on this
charge. 1t must have done 50 soemnly
and in good faith"
here" asked Mr.. jenkins, "woud we h
JUSTIFIED in passing this law to send him
NO. sir" replied Mr.. Lindsey. 1--WE
would not be justified In returning an
American citizen to cuba.
I'm other words, American citizens
should be allowed TO rob and loot In Cuba
TO their hearts content and 80 scot free
If they can reach the United States?'
CAS- long as the present condition pre-
walls" replied Mr.. Lindsey Il think so
We are today telling Cuhans they car
commit any crime here and 60 free II
they can roach Cuba"
After a two hours executive session
the committee voted 10 report the Ray
extradition bill with some changes, The
chief amendment makes the bill genera
instead Of limiting II to Cuba.
As adopted 1t Is as follows
~Be Il enacted ETC. that section 521o
of the Revised Statutes Of the Unte'
States is amended by adding thereto th'
following proviso;
provided. that whenever any foreigr
country or territory or any part thereo
is occupied by he United states any per
son who shall violate or who has violated
any OF the criminal laws IN force therein
and who shall depart or flee or who ho
departed or fled from Justice therein Il
the United states shall. when found there
in be liable to arrest and detention b.
the authorities Of the United States and
on the written request or requisition o
tho authorities in control Of such foreigi
country or territory, shall be returned an
surrendered as hereinafter provided in tn
authorities in control Of such foreigT
country or territory for trial under In
laws in force in the place where such Of
Tense was committed on the order of IN
secretary OF state Of the United States an
such authorities shall guarantee TO sue
persons fair and impartial trial,