Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-06
CONSIDERATIONS ON TRIAL.
Rathbone, Nicely and Others Before the
Cuban Courts.

Cuban Courts.
Havana, Jan. 6.-The trial of former
Director of Posts Rathbone, Charles f.
Nelly, formerly postmaster of this city,
and others on charges of having embez-
zled large funds from the opstoft1ce de-
partment nearly two years ago began
Saturday.
At the outset 49, witnesses were call
ed Then Desvernine and Lanuza, at
torneys for the defendants, refused t9
defend the case and withdrew because
the court refused to agree to an ad-
jou.nment. The court then appointed
lawyer to defend Mr.. Rathbone and
granted an adjournment of fifteen min
utes to allow the ex-director of posts to
consult his new attorney, lawyer by
the name of Remet.
On reassembling the court asked w.
H. Reeves, another of the indicted off,
Gals, if he pleaded guilty to the charg-
es against him. Reeves, who at one time
made a confession in which he made
charges against Rathbone consulted his
attorney before making reply, and
then asked TO be allowed to walt until
the next session of the court before an
swering, The court insisted upon an an
swer. Reeves replied that he could not
make q statement just at present, and
he was ordered to sit down.
In regard to the same query Rathbone
replied that he was not guilty. When
Nicely was called upon to plead, his
lawyer, Senior Zayas. protested that he
had not been allowed to see the charges,
and therefore he had not been allowed
to instruct his client, Nicely. The latter,
however, pleaded not guilty.
Senores Moya and Mascara, two Gu
bans involved in the affair, also pleaded
not guilty. Senior Zayas asked that the
charges be read.
In the middle of the reading Rathbone
asked that the trial be suspended until
he could get a lawyer of his own choice.
The request was noted and the reading
of the charges was completed.
Edward Desvernine. brother of the
attorney of the same name, who is the
partner of Senior Lanuza, agreed to de-
fend the case and then waived the read
ing of the answers to the charges. The
case was tEereupon adjourned until
today
People who agree with the prosecution
claim that the withdrawal of Rath-
bouC - NouilcSl IA a COulSsSslOH VI Ntdh-
ness on the part of the defense, and that
the accused parties desire to gain time.
The Fiscal says that they have had a
years time to provide themselves with
all the heterogeneous necessary, as the
charges directly after they had been
fled in the court of first instance be-
came known to the defendants.
These charges had been filed within a
period That would give the defendants
ample time in which to procure witness
es. In regard to the heterogeneous that
have not yet arrived, 1t is said these
may come before the case closes, when
they will be available for the defense.
Some people say that Rathbone's law
yers have expressed the wish that Abra-
ham L. Lawshe, deputy auditor of the
postoffice department, who investigated
the frauds here, and who is now in Ma
Mia looking up the Philippine postoftice
service, be summoned as witness, be-
cause they are anxious to have the trial
postponed until a Cuban government
has been established.