The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-04-13
HE TALKED \ WEEK
Remarkable Speech in the
Case of Mr.. Neeley.
MUCH WIND IN CASE
1t Is Threatened to Run Into
the Next Generation.
MUCH WIND IN CASE

yer 70 sum up his clients side as the tris
IS closing. But in the remarkable Neeley
Rathbone postal-faud case. sr. Lanuza
counsel for Rathbone. kept on talk
ing a fun week, day after day, inter
rupting himself once only. when he wa
called TO his wife's bedside. On his return
there was a hopeless bench. for a new La
nuza had ben born, and the judges hat
aprehensions OF a. plot to continue tn
summing up through the next genera
ton. At last, however, the flow of tn
narrative and the argument stopped
counsel for Neeley and Reeves, othe
principals in the case. had their say
speaking from two or thre days each
and then the Fiscal, who handles the cas-.
for the government, had opportunity t
make rejoinder BY the Spanish method
10 stenographic records of proceeding.
before supreme court is kept
There is a stenographic record OF tn.
testimony OF this case, taken for the
Military Government and the Postmaster.
General Of the United States From that
it apears that the defense Che prosecu.
ton already has ben described in this cor.
respondence) consisted in cross-question.
ing the Governments witnesses, confront
ing witness and Witness or defendant
and witness when testimony was contra
dictory, and in the summing up OF coun-
sci for Neeley. for Rathbone. and for
Reeves, the three defendants accused Of
fraud and criminal negligence in the Of
fees to which they had been appointed
BY the Government OF Intervention.
Rathbone, in their Summaries. made
their most telling point in dwelling on
the official messages OF the Military Gov
eminent to the lower court on the case.
One. for example through the Secretary
or Justice. forbade the court from receiv-
ing "ex-parte" dispositions from persons
whom the other side would have no op-
pOrtunity to cross examine. This was
signed by Secretary Of War Gen Wood
went TO Washington. and while there
Secreat try Roots order against "ex-
Farte" dispositions were rescinded. 1t is
said that the government depended upon
answers 70 interrogatory letters for sup
porting its evidence. Postmaster-GeneraI
Charles Emary Smith. for one. testified
thus that when he rode in Rathbone's
fine coach IN Havana, he did not, as
Rathbone testified. did not know that il
was paid for out Of Post-ofice funds.
but supposed that It was Rathbone's
private property. Another military order
fixes the amount Of bail to be required;
another expresses desire that no person
be arrested in the fraud cases until the
Government secures its evidence and for
mulates the charge; another is a letter
from T. I. Conant attorney for the Gov
eminent at the time appointing assistants
and authorizing them TO communicate 10
you the desires the Of the Military Gov
ernor'; another grants an extension Of
ten DAYS to the term given by law to file
answers.
No cesan-que han de cesar?" asks
Spanish paper which likes to make II
apear that liberty under American Gov
ernment is not always better than despo-
tism under Spanish. From persons once
connected with the case. and who now
have no reason TO make excuses for the
Military Government but are inclined TO
do otherwise. IT is declared that most
of these orders were Issued in response
10 rekuests for directions from courts
themselves. Il must be understood. first,
that when the Americans took possession.
Spanish courts and Spanish law were,
TO our sense. singular. In a striking
article by Major Runcie in the North
American Review. breat corruption was
remarked and Gen. Brooke was criti-
cised as unfit because he had not improved
the courts and "furthered common JUS
tice" as It was in his power to do as
Military Governor. The failure OF justice
vas among the abuses against which the
Cubans rebelled. Many changes have been
made in the bench and many laws have
been altered. Common justice has been
furthered in one way. by making It free:
they are salaried. and 30 not need TO draw
up an indictment in weak terms or strong,
acording to the amount received from
of defendant. When the
Neeley- Rathbone case came Up. the
judges did not know what TO do from
their experience it vas natural to sup
pose that the American government would
want TO clear the American officers wh3
had done wrong.
In a word. il would be admitted by the
Judges and by the Government that the
courts sought guidance. There were ques-
tons OF official relations with which the
latter were unfamiliar. This Is indicat-
I'd in the summing up Of Sr. Lanuza, who
IN the course OF his week-long argument
tried TO show that Rathhone. Director
General Of Posts. WAS not under the au-
.horitv Of the Secretary Of War. In the
-nite0 States il would scarcely be dis /
outed that the President then the Sec T
rotary OF War. then the Military Gov I.
arnor. have absolute authority during mil I
tary occupation. under one or two con- /
yressionaI restrictions. like granting COM +
nercial concessions 20 govern Cuba The 1
Military Governor in the postal-frsud 1
,ases HIS exercised his authority a. the (
sole supreme representative OF the state 4
towards the prevention Of premature &C 4
ion By courts Of doubtful OF themselves. /
Dr. Lsnuza declares that the interfer- +
snce was a personal matter: that when
zen. Brooke was removed ss Military
Governor there were applicants for the .
position who thought they saw n danger (
,us rival in Rathbone. who was being /
doomed Tor clvn governor. along with /
he proposition that military rule be end 4
a. Hence the determination 70 get rid 4
y Rathbone" According 10 the steno- +
rrauhic r. Z CT the testimony. Rath- +
ZONES d was started by Neely. and I
.xteneed 7caI newspapers and one /
Emitted Sta paper.
should an -vestigation OF the conduct I
# this whole case BE- required as matter +
II review. the public would be edited In (
Iced. Politics. as Sr- Lanuza says. have 4
,layed part in IT, and 50 far as one can {
earn from ordiary facilities. that good 4
ia Republican party. as one OF Rath-
zones witnesses called II Of the state OF 4
ohio. would suffer a shock. ard senator
y Two Of the United States would feel F