The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-21
Nothing in the Special Law That
Forces Americans to Obey the sum-
mons of Cuban Court.
CASE SEEMINGLY TANGLED
War Department OliciaI Says 1t Is
ProblematfcaI whether NeeIy
Will Ever He Tried.
Special to the Indianapolis Journal.

Special TO the Indianapolis Journal
WASHINGTON. July 20.-An official OF
the War Department said to-day that it
was problematical whether Charles f. w.
Neely, of Muncie, would ever be brought TO
trial. much less convicted of the alleged
ernbezzlement of Cuban postal funds with
which he stands charged. Numerous ques-
tions Of law involving intricate points of
jurisdiction interpose difficulties at every
step and may in the end prove insurmount-
able Five months have elapsed since
Neely was transferred to the Cuban au-
thorites. A special act of Congress was
required 10 accomplish this. but the act
failed TO compel witnesses in American
jurisdiction TO attend his trial and give tes-
timony. So unless they are kidnapped by
the War Department and taken to Cuba by
force II is hardly likely they will attend
It is a duty few would volunteer TO per-
form The judges of the Cuban courts are
the ones who will designate what witnesses
are necessary this War Department official
says, the United States authorities being
without power in the matter; indeed, the
War Department claims to have done its
part when 1t offers to furnish whatever evil
dence is under its control. The Depart
ment OF Justice claims to have done its
part when 1t succeeded in handing Neely
over to the Cuban authorities
The War Department having noted the
proceedings in Cuba since Neely was trans
ferred there would not be surprised at an
announcement that he could not be con-
victed and consequently that the Cuban
judges had set him free. The War Depart
ment claims that its authority ceases when
a case is placed within the jurisdiction of
the judiciary. The procedure of Cuban Span
ish courts is very different from that of our
States and ii is something with which
neither the secretary of war nor the attor-
ney general is familiar They assumed that
delays were to be expected but since they
have learned that the letters inquistorial
sent to this country by the Cuban courts
have been productive of little more than
excuses by witnesses for not going to Cuba
on account of hot weather and fear of yell
low fever. they have almost abandoned
hope, for unless the proper witnesses tes-
tlIy there can be No chance OF a conviction.
Just why the special act by whose au-
thority Neely was returned to Cuba did not
go further and compel American witnesses
to attend and testify no one tries to ex-
plain. Cuban courts cannot issue any pro-
cesses compelling such attendance and the
absence OF such authority anywhere ap-
parently means that Neely will go free
without a judicial determination OF his
guilt or innocence. Attorney General Knox,
who has been famliarizing himself with
the case since he assumed the portfolio of
justice, may possibly find legal way of
compelling American witnesses TO testify,
but he has not as yet indicated that he has
discovered any such method 1t is this
difficulty of securing the attendance of wit
nesses that stands In the way, q difficulty
that does not seem to have occurred to the
learned lawyers OF the two houses OF Con-
gress who framed the special act.