Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-06-30
RATHB0NE's PETITION
ASKS FOB AN 1Aftjk1aAr1oN By
CONGRESS.
Declares That He vas Denied Justice
in the Recent ial in
Cuha. :

The petition for congressional lnVeSt-
CATION of Mr.. e. G. Rathhone, formerly d.
rector general of posts Of Cuba, which was
presented in the Sena1e Saturday afternoon
by Mr.. Teller. has attracted much atten-
ton especially as 1T is regarded as the first
statement Of Mr.. Rathbone's connection
with what is looked upon as an extremely
this petition follows:
Washington. D. c.. June 20. 1902
To the Congress Of the United States:
Your petitioner respectfully represents
that he is ffty-three years Of age, and
citizen Of the United States; that late in
the year 1898, as an appointee Of the Post
Office Department of the United States, he
went to Cuba in the capacity of director
general of posts of Cuba; that while acting
in such capacity, in Cuba. and while that
country was governed by the United States,
he was accused of high crimes and n,isde-
meanors In connection with such Office in
the year 1850, resulting in his being ar
rested and put upon trial for such alleged
crimes and misdemeanors which resulted in
his conviction and sentence for a term or
imprisonment and fine, IN April, 1902. Later
he was released under general amnesty
act to all American citizens by the Cuban
congress.
Your petitioner respectfully requests the
United States Congress to direct that
thorough investigation be made by a COM
mittee of it's members, or otherwise, into
all of his acts and doings in Cuba in con-
nection with the said postal service to the
end that all the facts may be known and
the truth established.
Your petitioner bases this petition upon
the ground that whenever the government
Of the United States assigns one of it's cit
liens to public service in foreign land and
in the course Of the performance Of his Of
6Cidl duties In that foraiprr ha q
accused of high crimes and misdemeanors
1t is the duty Of the government Of the
United States to see that he has fair
and impartial trial under usual and regu-
lar rules Of judicial procedure.
He should not be subjected to trial by ar.
bftrary and unusual methods of procedure.
contrary alike to the laws Of that country
and the fundamental principles Of justice.
He should not be sentenced to severe and
unusual penalties without the right of ap-
peal to the government Of his own coun-
try for relief and protection.
Your petitioner further represents that
ne was improperly tried, unjustly convict
ed, sentenced to unusual and severe penal
ties and as new trial cannot be had, be-
cause or the amnesty by the Cuban govern
ment. which new trial. under uninfuenced
your petitioner submits, that as a citizen
OF the United States he is justly entitled to
fun, fair and impartial Investigation by
the Congress OF his own country.
statement Of the reasons for this appltca-
tion;s.
The proceedings which led to his con-
v,etaon n were not judicial proceedings, but
trolled by a person iBr persons Cor an an
thority) by whose ORDERS such courts were
established and controlled, and who, in yio-
alton OF law and established rules Of Judi
clal procedure, issued orders, instructions
and communications to tho courts by whom
your petitioner was tried, from time to time
curing the progress of the trial, and so in
nuenced and dominated these tribunals as
70 tnWaft the purposes Of justice and IN
hict great wrong upon your petitioner
Ex-parte evidence was admitted to the
trial, consisting of ex-parte depositions
taken in the United States on behalf of the
prosecution, at the taking of which neither
the petitioner nor his attorneys had oppor-
tunity to be presenter cross-examine the
witnesses, and the trial court refused to
summons witnesses n his behalf, in viola
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
derense was withheld, and that the princi-
pal witness for the state, and practically
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 con-
victed under the same proceedings as your
petitioner and afterward was pardoned as
witness for the state in the post Office
cases" when in fact he was not declared a
witness for the state. as required by law,
but was defendant In the case This wit
ness took advantage of his position as a do
PENDANT to escape liability for perjury IL he
gave false testimony. He took advantage
OF his position as a witness for the state to
secure a pardon.
In view of these and other reasons your
petitioner requests Congress to make a
thorough and exhaustive investigation of
all OF his acts in Cuba In connection with
the Office to which he was assigned under
the authority of the United States govern
ment. the methods employed to secure his
conviction to the end that tn truth may be
discovered, the ends of just - secured and
that your petitioner may be relieved from
the unjust aspersions cast upon his char
acter
And your petitioner will eys' oray ~
(Signed) E. G. + -HBONE
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