The Birmingham age-herald., 1902-06-29
RATHBONE WANTS
 ID BE EXONERATED
Petitions Congress to InveSti-
 gate His Acts in Cuba
WAS UNJUSTLY CONVICTED
Says Proceedings Which Led to Con- victlon Were Not Judicial, But Special-Ex Parte Evidence
 Was Admitted to Trial.

Washington, June 2s.-E. G. Rathbone, formerly director general of posts Of Cuba who was convicted in Cuba on charges involving maladministration of his office today, petitioned Congress to order an investigation of all his acts in Cuba. The petition was presented by Senator Teller.
 The petition which is dated Washington, June 28, after reciting the circumstances of Rathbones appointment as director general of the posts of Cuba, tells of his conviction and sentence for alleged high crimes and misdemeanors In conviction with the office and his final release under a general amnesty act of the Cuban Con- gress
 The petitioner declares that he was un- justly convicted and sentenced to unu- sually severe penalties and that he now has no chance to obtain a new trial on account of the amnesty proclamation of the new Cuban government.
 Urges Investigation.
 He urges that Congress make thor ough investigation of his acts in connec- ton with the Cuban postal service, that all of the facts may be known and the truth established and that he may be re- lieved from the unjust asperions cast upon his character.
 He then says:
 Your petition makes the following statement of the reasons for this appli- cation:
 "The proceedings which led to his con- viction were not judicial proceedings, but were special proceedings and were hV a persons Cor an authority by whose or ders such courts were established and controlled, and who, in violation Of law and established rules of Judicial pro- ceedings, issued orders, instructions and communications to the courts by whom your petitioner was tried from time to time during the progress of the trial and so influenced and dominated these tribunals as to thwart the purposes of justice and inf1ict a great wrong upon your petitioner
 Ex Parte Evidence.
 yExparte evidence was admitted to the trial consisting of exparte dispositions taken in the United States on behalf of the prosecution at the taking of which neither the petitioner nor his attorneys had opportunity to be present or to cross examine the witnesses and the trial court refused to summon witnesses
  of the bill of rights, amendment to the constitution of the United States; that his attorneys. were not given proper time to prepare the defense and that evidence vital and material to his defense was withheld; and that the principal witness for the state and particularly the sole witness against him was not sworn upon the trial. His testimony was not given under oath. This witness testified as a defendant
 Your petitioner further represents that under the laws of Cuba a defendant in a. criminal trial is not required to be sworn or put under the sanction of an oath. He cannot be punished for perjury if he gives false testimony. This witness was convicted under the same proceed ings as your petitioner. and afterwards was pardoned as a witness for the state in the postoffice cases, when in fact he was not declared witness for the state as required by law, but was defendant in the case. This witness took advantage of his position as a defendant to escape the penalty for perjury if he gave false testimony. He took advantage of his po- sition as a witness for the state to se- cure a pardon.