Sunday morning globe., 1901-10-27

Our old acquaintance, Charles i. W.
Nicely who started in to show the Cubans
what a real, live American official could do
in the way of embezzlem ment of public funds,
is about to be tried for his crime. About
to be tried exactly fits his case, for it is
but the preliminary bout with the Spanish
law in Havana he is now up against. OF
course Nicely will appeal and delay mat
ters IL convicted, until the United States
turns the island over to its rightful owners
and then Neeley and Rathbone viii swim
ashore IN other words they will be re-
leased and restored to the bosom Of their
mourning country.
The Havana papers inform us that the
trial for his robbery Of the postal depart
ment Of the Island of Cuba has at last begun
to assume a shape that promises at some
not too distant day to give indications Of
just what it really is. Up to the present
the public has been left To- form its own
conclusions as TO the charge against the pris
oner, the evidence 100 possession Of the gov
ernment, and the probable result, with no
data by which TO De guided
The fiscal who corresponds to our pros
ocuting attorney 300 so far as he represents
the government has attempted TO combine
his evidence iu such form that IL can be
used against Nooly and Reeves, as well as
Rathbone
The Ist of January. 1900. saw Estes C..
Rathbone of Hamilton Ohio in charge of
postal affairs 800 the Island of Cuba. withthe
title of director general Of posts. About
that date there arrived Ina Havana one
Charles T. W. Ncoly. who was strongly
recommended 20 Rathbone as a man quali-
fed for and worthy of good position. The
director general made Neely his chief
financial agent and his duties were to take
charge Of all cash that flowed in. make all
purchases for the department, and take an
occasional trip 20 the States TO deposit the
governments share of Jhe funds in the
Treasury
Insular accounts we're audited in "a desul-
tory manner for several months Attention
finally was called TO the lamentably lax
methods, and the Washington postal au-
thoriues took "a hand w. II Reeves am
employe of the Fourth Auditors Office, was
sent to Havana and became auditor of postal
accounts In December Of 1900, Col George
ID Burton, inspector general United States
army while investigating conditions i'm the
Havana post-oiiice discovered am apparent
shortage Of 81 1000. This. Neely explained,
was then Sin transit and Colonel Burton
was satisfied.
In April 1900, another inspection was or
dered and Neey's arrest followed Gov
ernor General Wood and Postmaster Cen
eral Smith used every possible means to
secure evidence against all who could have
been implicated. The prosecution quickly
centered on Neely. Rathbone, Reeves, and
Corydon Rich Nicely personal friend and
assistant Nicely. was arrested as the priu-
cipal. Rathbone for completely, and the
others on suspicion
After Congress had passed the eNtradidon
bill. Nicely was sent TO Havana and placed
in JAIL Rathbone was liberated under
bond of $4,000 but forbidden TO leave the
island Reeves aud Rich were held under
surveillance. and allowed SIS aud SIPS per
month. respectively AS witnesses.
The government FIRST employed Ernest
Lee Conaut. of the dm of Page s. Conut
TO prosecute the cases. There was "a dis
agreement between Cen Wood and Mr.
Conaut which caused the latter to withdraw
from the case Horai0 S. Rubeu- and l..
! o. c. lamar were appointed 20 succeed Mr.
Conant but within q few months Gen.
Wood decided that the cases had progressed
sufficiently TO enable him 20 do without the
service of an American lawyer So DE turn
ed them over TO the fiscal with orders to
prepare them for presentation in the Audi
encia, or second court of the island Messrs.
Rubeus and Lamar had arranged TO come to
the States. hunt mp witnesses who had left
the island. and take their testimony before
United States commissioners. The fiscal
merely prepared a series of iutewogatories
. I'll b. adj H.. 81.
early replies. OF these he received very
few. chiefly because the questions were for
mulated iu Spanish and translated INTO
English so poorly that their legal value was
largely destroyed Nevertheless, on this
evidence the men are 90 be tried.
The fiscal has the power to ask the court
to impose punishment of his designation.
He will ask that Rathbone and Neely each
be sentenced to twenty-five years imprison-
meut and Reeves TO tweutyfour, and that
each pay fine of $4,000, the amount of
the alleged defalcation
fhe charge against Rathboue is that he
permitted - therefore consented to and
tacitly yauthorized-the embezzlement This
charge IS based on a statement made by
Reeves, Ia his confession, wherein he de-
clares that, being unwilling to enter into
collusion with Neely, the latter told him
that the old man is i'm he knows all about
it," Reeves says that he himself knew
nothing of fraudulent dealings until Octo-
Der but admits that he attached Rathbone's
name to several specified warrants in the
preceding May
Besides Reeves evidence Rathbone must
explain away, 70 the satisfaction of the
court, charges of misapplying funds TO t.e
amount of about 81 500 part Of which was
per diem allowance which, IL is claimed he
was not entitled TO.
Il must not be inferred that this trial is to
end soon The request Of the fiscal as to
punishment amounts TO nothing more than
] a recommendation. There is a mass Of evil
] deuce to be examined ON both sides and the
/ hearing will be further complicated by the
| fact that many witnesses are IN the Philip
pines Porto Rico and the United States,
/ and caunot-or will uot-come to Cuba.
| Then, when the Audiencia has rendered it's
/ decision an appeal can De made TO the SUI
premc Court and the whole affair dragged
] through los wcarisome length again,
The general opinion BOO Havana Is that
should the final hearing occur prior TO the