New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-07-25
THE NELLY CASE CLOSED.
JUDGE LACoMBE GIVES COUNSEL UNTIL
AUGUST TO SUBMIT BRIEFS.

The hearing in the OF Charles F. W. Nicely
OF the Cuban Postal Service which Is being argued
oeIore Judge Lacombe. to whether he should be
e&Iraolteo 10 stand trial in Havana for embezzle-
ment was continued Yesterday morning with
George w Marshall. Of the Bureau OF Finance OF
the Department OF Posts. in Cuba on the witness
stand United States District Attorney Burnett OF
me prosecution, paid particular attention TO the
fact that the outer door OF the safe which con-
tanned whatever funds there were in the postomcs
was always LEFT open, and that there general
laxity about handling the funds
William Hoffman, assistant cashier Of the North
American Trust Company. verified several deposits
made with his company by Nicely and Major
Eugene F. Ladd. U. s. A, Treasurer Of the Island
OF Cuba. verified deposits made with him.
Colonel George H Burton L. S A Inspector-Gen-
eral Of the Department OF Cuba was then recalled
and asked TO explain more fully his testimony
given on Monday, concerning his inspection OF the
Postot1ce Finance Department in Cuba In an
affidavit made in Cuba Colonel Burton told OF
shortage in Neelys accounts OF about $4,000 Colonel
Burton said on the stand that he reiterated that
affidavit
Judge Lacombe stopped him and said
don't care what testimony was given in Cuba. 7,
me in deciding this case. What must be done is to
ngHya5 competent testimony given here II It is
sitqlen from the pqolic funds in Cuba, will de-
What must be done is to have competent testimony
given here, and not IN Havana
Colonel Burton was then excused.
Rochester. who arrested Nicely on May 6. in Roch-
ester. described the arrest and said that when
seached $500 in currency found on him There
were also two checks for S114 each. Detective
Hazen said that Nicely was much surprised at his
arrest, and protested his innocence On cross-ex-
animation II brought out that the two checks
were personal ones received by Nicely after his ar
rival in New-York
Lloyd Garrison lawyer Of this city who was in
| Cuba from September to December 80, 1895 and
who translated the Cuban Penal Code for the At
torney-GeneraI OF the United States. was sworn
and the translation. in relation 10 embezzIenent
by employees, was discussed The translation Of the
Cuban Penal Code was then placed in evidence the
defence Directing. The Government then rested It's
case. and Judge Lacombe adjourned the hearing
for hour.
After recess Mr. Lindsay offered in evidence the
| report from George Seyboldt, the Treasury
special agent to Cuba who praised Neely's admin
/ istration- The report finished and sent to the
| Treasury Department On April g. five days before
/ Neely's trip 10 NewYork- Mr.. Burnett objected
streuuously 10 the admission OF the report, SAYING
/ that Mr.. Seyboldt had been deceived and that his
! report was erroneous in consequence. The objec-
| ton was Overruled by Judge Lacombe who said:
! consider the report competent, because think
prior 10 the leaving Of the defendant It IS true
self or Change g HG his 'tf gn1 IN f bny Tay to hide
/ his own name. and never at any time made any
I and coming to another country made him a fugi-
! tive from justice in the eyes OF the law Whether
/ tice. thought that the law could not touch him
/ IN another country, I DO know. That is not
tor TINS Court to decide The duty Of this Court
tbs Government is sufficient 70 allow OF extradition
for SUFFICIENT cause. II it is shown that II is SUI
nc1ent will order mis- extraditiOn - not will rule
otherwise. overrule the objection and admit the
/ report.
a long discussion ensued between counsel con-
corning the section Of the act Of Congress OF June
g. 1900 which says: mo fugitive shall be returned
until the Court On the United States) shall be OF
/ the opinion that he Will receive fair and i'm
partial trial. The question Judge Lacorbe said.
was whether the Court should make an inquiry into
the fairness and irnpartianty OF trial II extra
dItion was ordered but he did not think IL neces-
[ sary for him to make such investigation He said
] however, that he would bear in mind the act
/ Judge Lacombe allowed until Thursday. August
/ 2 for the fling Of briefs. He said that he would
/ be in town that day especially this
/ and that after the briefs had been fled he would
/ set time for the next hearing He said he hoped
/ 20 finish the case by Monday. August g.