New-York tribune., 1902-05-14
A CHANCE FOR RATHBONE
CUBAN SUPREME COURT TO REVIEW
HIS CASE.
LAW OF THE ISLAND RELATING TO GRIM
lNAL PROCEDURE AMENDED BY OR
DER OF PRESIDENT ROOSEVELT.

washington May l3.-The President has di-
rected Secretary Root to confer on the Cuban
Court of Appeals the right to review the testi-
mony in the case of Estes g. Rathbone con
victed Of completely in the Cuban postal frauds
with authority to take additional evidence if il
so desired. This authority will be Immediately
conferred. and it is presumed that the court will
act at once.
The method by which the President proposes
that Rathbore shall have another chance to
prove his innocence is fully developed in a mes
sage sent by Secretary Root to General Wood.
1t should be explained that there is not now
under Cuban law any means of taking appeal
TO Supreme Court in cases where there has
been an error in procedure in the lower court.
Appeals be taken only where there have
been errors of law. To make it possible to
view Ra athbone's case. therefore, General Wood
has been ordered to promulgate a special modih-
cation of existing law. which, by the way also
will fit the cases of any other persons held under
arrest under conditions similar to those in Rath-
bones case. BY promulgating this law before
the Cubans assume their own administration
General Wood will cause 1t to become the law of
the land under that section of the Platt amend
ment which continues in force the laws they
are left by the American military administra-
tion. The order TO General Wood is follows:
Warrington. d. c. May p. 1902.
Sir: Counsel for defendant Rathbone in the post
piication for an order by the President directing
new trial in his clients case upon number Of
and some relating the merits of the case. As a
eges among other things, that the jurisdiction Of
the Supreme Court on appeal is so limited that
grounds on yhiGh he relies and that on May Nay
client will be left without any redress under the
It has been found Impossible as yet TO give the
full consideration required by the arguments pre-
tuition of Cuba, about TO take effect. will exclude
public officers who have been convicted Of crimes
President deems II desirable that doubt should
be left OF the power Of the Supreme Court to re-
affecting the defendants substantial rights. 1t is
the general rule in this country that defendant
view of all such questions by impartial tribunal
be emboded T n the a% of b ' Before we leave the
island. particularly in view OF the fact that cit
Ject TO convictions as 10 which no such review has
been had, and as TO WHICH there may exist no par
an Amendment of the law Of criminal procedure
substantially in accordance with the draft inclosed
preme Court in such cases Of ali questions Of law;
fact and procedure and authorzing IN nroad
justice may require. vegy T1TsPectfully ., ,,-a
Brgaae General eohagd wood MEory
ernor of Cuba Havana. Cuba.
The law Of criminal procedure is hereby amended
CA1 OIt Upon "e an appeal to the Supreme Court
from the judgment and sentence of a court, on
feG IN the 2t of his des the sn
preme Court shall have jurisdiction 10 review
the testimony record and T0ofssdiqsgs s and
Either am the new a or msKe SUCH other
Judgment or order as substantial justice shall re-
hearing take any additional evidence which It
deems necessary in the interest OF justice mus us
hereafter taken.