New-York tribune., 1900-08-09
NEELY MUST GO TO CUBA.
JUDGE LACoMBE FIXES AUGUST 13 FOR
SIGNING EXTRACTION PAPERS.
DECIDES THERE Is A PROBABILITY THAT
HE is GUILTY OF EMBEZzLING
POSTAL FUNDS.

HE is GUILTY OF EMBEzzLING
POSTAL FUNDS.
The desperate struggles Of Charles F. W. Nicely
20 avoid extradition to Cuba on the charge OF en-
bezzling funds from the Department OF POSTS on
that island seem have resulted in total failure
Judge Lacombe, of the United States Circuit Court
yesterday decided 10 hold him for extraditon. tne
Judge finds that there il probability that Neely
is guilty OF the crime OF which he is accused fe
holds that the sole function Of the Court is TO de-
eide this point and. having decided II against
Nicely he is only prevented from at once signing
the order for Neely's eNtradtion by the Iact Ihat
local proceedings are pending against the deIehu-
ant The Judges words indicate that these pro-
ceedings will be withdrawn and the order Tor eH-
tradition be signed August b. Neey Is no" III
Ludlow Street Jail Judge Lacombe says in part
AUGUST ls FOR SIGNING THE ORDER.
The evidence shows probable cause 10 Ssned e
the act of June G. 1900 and which is also a 'loid
6n Of scb the eyaenGe he W be held for exraq
Two obstacles to his extradition now exist exlsag 6ag
charge of bringing into this district GoVSrnInegno g
hen arrested in civil action brought in this court
TO recover S45 600 which! II is allegeu ne @ We
hem discontinued the order in extradition VIII be
signed This may be done on August 10 a' -
Upon the hearing counsel for the prisoner 0ered Tis
trial cannot be ftV seenrea 70 this Court should
island Of GuPS tb 3nySeetieation proposed Its sole
T,inction Is TO determine whether there is probable
cause that the prisoner IS guilty OF the onehce
charged.
NO REASONABLE DOUBT OF GUILT.
1t appears that Neely the head Of the Bure&e b
Of Finance in the igsued % stamped paper
n = stamps postal cards, stamped enVeIoPeS; s T
ty - Teoi1sitjons and received the remttances
made by them 10 pay for tne same; s,eIIV in the
shape of drafts warrants cash or money 0FdeT end
To he
sent receipts for their remittances' sIcn EDries
being torn out OF book containing STUDS 6hbLde boL
of such remittances were also mace b N hook men
called small cash book IN thIs eGIents STSr bv un-
bonded postmasters Deposlts OF theSe $500 Trust
Tomnanv the payments accommodating meanwhile
IN be me Sa deposit was made deposit slip in the
,,sai form was made out and turned IN Win ,9o one
tos I1narv Go 10 1900 we have the small cash book
5oViDF - 70 receipts OF money from postmasters:
George W Marshall. who has been employed po IN IN
80 bnreau continuously since February, 1889 tesI-
ned under oath before the Court lIaL eNer3 ,o
-itnp a. i and that he knew of the transaction at
me me nn1fIaster which Neeiy signed and that his
entry was accurately made II IS OF couLSe. PIo PGS
o+Jer money NAV have been received and not en-
tered that such amounts as are itns 1nt1ee Sep
3Te Tersonai knowledge of the facts and is wholly
s fIlsT and clerk in charge of the North Aer-
can Trust Company testified TO the oeposiIs ; i .o
those he swore 10 were made during that perloo.
He produced the original deposit edpS ;dppt,ed tbem
end swore that. except for menorand1r, OH IN
fl1ev were entirely in his handwriting and ac-
curately representa- the oeposllfs fIIn1s n OS INN ~
January 1900; 00S 90
January do 1900 300 90
February 70. 1900 oSo' %
To-., .s24 487 81
The difference between receipts an and dePozits Is is
time between receipt and deposit on the same day
s. Of course. TO be eoIc pa put tng @aI1ee 5id m m
impeached or qualified or shaken on cross-exam-
he doubt that $4,000 or thereabouts of funds
ceived from the sale OF stamped paper was iosI'
stolen or embezzed after 1t reached the bureau
UNIFORM DEFICIENCY IN NEELYs TINE.
It further appears that Nicely was in charge of
the bureau and directed its Business methods; that
he himself opened the mail containing the moneys,
and either wrote the receipts hlnlseI OF slsneu
these which Marshall prepared and which were
sent TO the postmasters; that he had constant
access TO the books and examined them that ne
freouently-almost daily-looked over the accumu-
latng funds IN the o, G0s and depost that he
himself directed what should be the amount OF
much loose silver there in the drawers, and
himself handed Marshall sufficient currency or
amount he thus directed to be deposited that ex
cept for himself and Marshall (wno had testlned st
there were changes in the personnel of the bureau
Gedciency of deposits as compared with receipts
from the beginning Of Neely's administration until
he left the island leave on April %. 1900.
It is Of course. possible that, while he was him
self opening the mail. removing the money, sign
ing the receipts. handling the funds, counting
them moving them from drawer to drawer of the
safe and making them up for deposit, others in the
bureau. out Of it, could have made away. during
six weeks. with $4,000. over 80 per cent Of
qhe total receipts, under his eyes and almost out
Of his hands without his knowledge or consent but
II is highly improbable.
In the opinion Of this Court the Government has
abundantly shown that there Is probable cause to
believe that Nicely is guilty Of the offence Of em-
bezzlement criminal malversation Of the public
funds he being the time public officer en-
ploye or depostary. Such offence is obnoxious
10 Article Of the Penal Code in force in Cuba,
There IS merit IN the contention that this ar
ticIe applies only TO persons in the public employ
of Spain. Spain having Withdrawn from the island,
its successor has become the public to which the
code. remaining Unrepealed, refers The sug-
gestion that under this Penal Code no public en-
Eioye could be prosecuted punished until his
superior had heard the and turned the Of
fender the criminal laws for trial. is q mat
Ter Of defence and need not be considered here.
CUBAN POSTAL OFFICIAL TALKS.
ETTPPRISFD AT THE DECISION TO RETTIRN