The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-01-05
Entered n Plea of Not Guilty Of EN-
bezzIing Funds OF the Cuban
POstOhice Department.
PROTEST FROM RATHB0NE
WHOSE COUNSEL DESERTED HIM AZ
OPENING OF THE CASE.
Reeves Not to Plead Until Next Ses-
sion of Court-IS0 Witnesses-FiVe
Judges on the Bench.

HAVANA, Jan. 4-The trials Of the cases
arising from the Cuban postoffice en-
bezzlements opened to-day in the Audencia
Court before five judges. The courtroom
is located over the prison I'm which Neely
has been confined. one hundred and eighty
two witnesses have been called TO testify,
and of these about eighty responded to-day.
OF the defendants Neely. Rathbone and
Reeves were seated on one side of the
room, and Moya and Mascara, the Cuban
stamp clerks. on the other. Neely showed
no signs of his confinement. he has grown
stouter and was in good spirits.
On the opening OF the court Rathbone
was informed by the judges that his coun-
sci. Senores Lanuza and Desvernine. had
withdrawn. The court asked the other
counsel for the defense if they would
sumo charge of Rathbone's case, and, being
answered in the negative appointed Law
yer Pascua, a court employe, and gave
Rathbone one hour in which TO consult with
his new counsel.
The court then asked Neely to plead, and
the latter responded that he had never
heard the accusations against him, but
after consulting with his counsel he en-
tered a plea of not guilty. Rathbone. Moya
Reeves asked permission TO wait until the
next session of the court before making
his plea, and his request was granted.
Senor Zaya, Neely's counsel, asked that
the accusations against his client be read.
He said he had not given Instructions 20
NeeIy. as the court had not allowed him TO
consult documents and examine papers in
order to prepare his defense. The COM
and one-half hours.
During the reading Rathbone rose and
said he desired TO protest against the con-
tinuance Of the trial until he should have
had time 10 get counsel Of his own selec-
ton, and also that If his plea was 10 be
taken as a deposition he wished 10 with
draw IL The court said the plea would not
be taken i'm the circumstances and that
Rathbone's protest would be considered.
Before the reading OF the complaint was
finished Lawyer Desvernine, a brother OF
Rathbone's former counsel. asked the
privilege OF the court to assume the protec-
tion Of his brothers client for the after
noon. The court granted his request. but
would not allow the further delay asked
for Lawyer Desvernine then moved that
the reading Of Rathbone's answer TO the
charges be withheld until the next session
OF the court which adjourned till Monday.
The amount OF documentary evidence
submitted by the government Is very great,
a table being piled high with books and In
terrOgatOries.
The court in its refusal TO postpone the
trials said that there was no reason for
delaying the proceedings because the in
terrOgatories and other evidence for the
defense. had not arrived. since they might
arrive at any time during the trial.
The defense takes the ground that the
government is submitting a great mass OF
documentary evidence, and that the twcn-
" days given them In which 10 hle an
answer is not sufficient