The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-07-25
LACOMBE WANTS PROOF
COL. BURTON NOT PERMITTED TO
REITERATE AN AFFIDAVIT.
The Judge Says There Must BE Con.
Nicely In Sent Back to Cuba.

NEW YORK, July A.-The hearing in
tinued to-day with George Marshall. of the
finance department in Cuba. on the wit
ness stand.
United States District Attorney Burnett.
of the prosecution, paid particular attention
to the fact that the safe, which contained
whatever of the funds were in the postoffice,
had its outer door always opened and that
there was general laxness about handling
the funds
John ID. Lindsay, of the defense, brought
out on cross-examination the fact that the
employees Of the Office all had access to
the safe as well as the employees of the
money order bureau, who kept their money
order blanks in the safe. Several en-
ployes had access to the safe; the door was
never locked and the moneys were placed
in three drawers in plain view and of easy
access.
William Hoffman, assistant cashier of the
North American Trust Company, verified
various deposits made with his company
by Mr.. Nicely.
Major Eugene f. Sadd, treasurer of the
Island of Cuba. the next witness, verified
various deposits made with him.
Col George III. Burton. inspector general
of Cuba, was recalled and asked to explain
more fully his testimony given yesterday
concerning his inspection of the postoffice
finance department in Cuba. In an af-
fidavit given in Cuba, Colonel Burton told
of a shortage in Mr.. Neeley's accounts of
about $4,000. Colonel Burton said, on the
stand, that he reiterated that affidavit.
Judge Lacombe stopped him and said:
Il don't care what testimony was given in
Cuba. 1t will not bear the slightest weight
in the world with me in deciding this case.
What must be done is to have competent
testimony given here. IL ii is proven con-
clusively that money was embezzled and
stolen from the public funds in Cuba l Will
decide to have the defendant taken back
to Cuba. What must be done, is to have
the competent testimony given here and not
in Havana" Colonel Burton was then ex-
cused.
John c. Mason head of the detective
bureau of Rochester, who arrested Nicely.
described the arrest in Rochester and said
that when searched Nicely had S6.502 in cur
rency.
LLOYD Garrison. a New York LAWYER the
next Witness said he in Cuba from
September to Dec. 30, 1899, when he trans
lated the Cuban penal code for the attorney
general of the United States, and the trans
lation in relation to embeZzlement by en-
ployes was discussed. The discussion was
as to whether Mr.. Nicely was an employe
or functionary. Mr.. Garrison considered
him an employee.
The translation of the Cuban penal code
was then placed in evidence, in spite of
the objections of Counselor Lindsay for the
defense. The government then rested its
case and recess was taken.
At the afternoon hearing Counsel Lind
sey offered in evidence the report from
George Seyboldt, the treasury's special
agent to Cuba, who praised Mr.. Nicely S
administration. The report was finished and
sent to the Treasury Department on April
q, five days before Mr.. Neely's trip to New
York. Mr.. Burnett objected strenuously TO
admitting the report. The objection was
Cverruled and the report admitted by Judge
Lacombe.
Pending discussion between counsel on
an act Of Congress which says mo fugitive
shall be returned until the court Tin the
United States) shall be of the opinion that
he will receive a fair and impartial trial. -
Lawyer Lindsey asked for an adjournment
for two weeks so that he could go over
the mass of evidence and prepare a brief.
Mr.. Burnet objected to any delay. Judge
Lacombe, however. allowed until Thursday.
Aug 2 for the filing of briefs and said
that after they were filed he would set a
time for the next hearing. He said that he
hoped to finish the examination OF the
briefs by Aug. 6. Both the government and
the defense then rested their case and
Judge Lacombe declared the case closed.