The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-08-07
MAY BEPRECEDENT
WITNESSES REFUSE TO TESTIFY IN
THE CASE OF NEELY.
Arthur n. Baxter and Arthur Jordan
Ordered tn Appear before Conn
missioner MOores.
VIEWS SET OUT IN LETTER
ANY DrsREsPECT TOWARD MR..
MooREs DIsCLAIMED.
They Decline TO Give Testimony for
Alleged Reason that Cuba Ii
a Foreign Country.
ON ADVICE OF ATTORNEYS
MBRIDE 4 DENNY ACTING FOR BAx-
TER AND JORDAN.
Commissioner Moorcs Refuses 90 Dis
cuss the Matter or Say What
steps VIII he Taken.
They Decline TO Give Testimony for
Alleged Reason that Cuba Is
Foreign Country.
ON ADVICE OF ATTORNEYS
MBRIDE & DENNY ACTING FOR BAx-
TER AND JORDAN.
Commissioner Moorcs Refuses TO Dis
cuss the Matter or Say What
Steps VIII he Taken.

The attempt of Charles w. Moores.
United States commissioner. to take depo-
sitions in this city to be used in the Neeiy
case in Havana. Cuba. has met with fall
ure, and a precedent has been set which.
If followed by other citizens of the United
States who may be subpoenaed TO give
testimony in the case. will make IL difficult
for the Cuban authoritieslto secure Neely's
conviction, at least in so far as any evi-
dence that might be needed in the United
States is concerned.
Commissioner Moores was authorized ur-
der the certificate of the attorney general
OF the United States TO take the deD0sl-
tions Of Arthur r. Baxter and Arthur Jor-
dan, both OF whom are connected with the
Keyless Lock Company. Accompanying the
certificate were number OF documents
signed by Gen. Leonard Wood, military
governor OF Cuba. and by number OF the
officials of the Cuban government. Part
of these documents were written In Span
ish and part in English. the latter being
in the form of interrogatories which the
witnesses were to answer ito the best or
their recollection and ability"
Assuming that he had authority TO act
in the matter Commissioner Moores sum-
mOned the two witnesses 10 appear before
him yesterday afternoon. When Mr.. Jor-
dan and Mr.. Baxter received the summons
to appear before Mr.. Moores they con-
suited their attorneys. Mcbride S Denny.
as TO what they should do In the matter,
and yesterday. acting on their advice-de=
clined to testify as witnesses in the Neely
case for the reason that the Island of Cuba
is foreign territory TO which they owe
allegiance. In a letter addressed 10 Mr..
Moores both of the witnesses maintain
that the Nicely cause is pending in a for
eign Jurisdiction which has not by any law
of the United States by any treaty ac-
quired any jurisdiction over citizens Of the
United States, and that no authority. there
fore, has been conferred upon Commissioner
Moores TO require the witnesses to answer
the interrogatories accompanying the let
ter of instruction received by Mr.. Moores.
STATEMENT OF WITNESSES
The following is the statement made ty
each of the witnesses. under the instruc-
tions of their counsel, and presented to Mr..
Moores:
81 beg to acknowledge service OF a sub
pOena issued 10y your direction, commands
ing me TO appear before you and testify
,,on behalf OF the plaintiff IN the case OF
f. w. Neely.' which, as 1 am Informed, is
a criminal proceeding now pending against
and Instruction OF the Northern Division
of the city of Havana I'm said island
'Disciaiming any lntentional disrespect
toward you personally, and not intending
10 show any contempt for your Official au-
thority 1 feel nevertheless. that IL is my
right 10 decline to testify as a witness I'm
said alleged proceeding under the cOmmis-
sion. order, letter, dedimus or other alleged
authority held by you from said cuban
court for the reason that said Island OF
Cuba is foreign territory, and said cause
is therefore pending In foreign Jnris-
diction TO which owe no allegiance am
advised that said court has not, by any
law of the United States. or by any treaty,
acquired any jurisdiction over citizens of
the. United states in such matters, and
that no authority has, in consequence. been
conferred upon you 20 require me 10 an
Your letter of instructions. For me to SUBJ
init TO the proposed examination would
therefore be 10 volunteer testimony IN a
not even having received notice OF this i'm
territorial proceeding, as ! am Informed,
which Is abhorrent TO our ideas OF judicial
Notwithstanding my conviction Of my
duty in the premises. as above expressed.
however. L hold myself ready 10 obey any
valid order of a court having Jurisdiction
OF my person and the subject matter in
controversy whenever properly expressed
Il make this special appearance before
YOU I'm Difference to your position as rep
resentauve Of the courts OF the United
states for tho purpose OF questioning your
Jurisdiction and the jurisdiction OF the
Island of Cu0a and it's courts over me IN
this proceeding. and respectfully decline 10
be sworn or questioned as witness IN the
case referred TO in the subpoena served
upon me-"
COMMISSIONER WON'T TALK.
Just what Commissioner Moores will do
I'm the matter Is conjectural, as he posi-
lively declined yesterday TO make any
statement as 10 what steIs the government
might take 10 enforce the attendance OF the
desired witnesses. SO far is known
there is no legal method OF compelling the
witnesses to give their testimony Neely
was transferred to the Cuban authorities
bv a special act OF Congress. but that act
did not mention any way in which wit
nesses were 10 be compelled 20 attend his
trial in Cuba or 10 give their testimony
In the form Of a deposition IN this country.
II is probable that Commissioner Moores
will refer the matter OF the declination OF
Messrs Baxter and Jordan 10 testify be-
fore him to Judge Baker. Of the United
States Court.
Attorney Caleb s. Denny. OF the firm OF
Mcbride & Denny. attorneys for Baxter
and Jordan. said yesterday that he did
not believe any court in the United states
would compel his clients 10 attend and
give testimony in the Neeiy case under
any authority that might come from the
Cuban government Primarily" said he.
lit would be manitestly unfair. according
10 American procedure, for witness TO
make an ex parte deposition. and espe-
cially would this be true In criminal cases.
| have nothing TO say about the guilt or
innocence OF Neely. but my clients DO nos
wish 10 put themselves in the position OF
Offering testimony against a man who In
confined In a prison in a foreign territory
and has no one present TO look after hs