Evening star., 1902-09-15
SUIT AGAINST NEELY
May Be Compromised if He
Tells All.
MR.. JONES' STATEMENT
SAYS HE IS SORRY FOR THE
MAN.
Has No Ennlity Against Him and
Has Not Made Him
Scapegoat.
cial Dispatch to The Evening Star.

Special Dispatch to The Evening Star.
NEW YORK, September 15.-Special As
sistant Attorney General Jones said in ref
erence to the Charles F. W. Neely case
that Neely would be sued for the recovery
of the funds he is alleged to have en-
bezzled from the Cuban government He
said Neely's claim that he had never been
convicted by the courts of Cuba and there
fore could not be sued for the money he
had not been convicted of embezzling
would not hold good.
Mr.. Jones said II am very sorry for
Neelv. l believe from recent interviews
with his attorney that when he returned
to the United States from Cuba he actu-
ally believed that all legal proceedings,
criminal as we'll as civil, had been dropped
in his case. and that the general amnesty
applied to any procedure in this country
for the recoveries of any money attached
under the former cases. but Neey is mis-
taken. I represent these interests of the
Cuban government just as fully as do the
United States. and it could not suspend lis
efforts to recover all the money of Nicely
or Rathbone which they can get hold of to
reimburse Cuba for the post office frauds.
The cases will be placed on the regular
calendar for next month.
No Enmity in the Suit.
But there Is no enmity against Nicely;
neither is he singled out as scapegoat. If
Rathbone had had any money available for
attachment it would also have been at
tached.
~Neely may see fit to tell the whole story
of the post Office frauds. If he should be
moved to do this, and should make impor-
tant disclosures concerning others impli-
Gated, so that more of the stolen funds
We're uncovered, l do not doubt for a mo-
ment but that he would be given the ben
eft of such disclosures, and in considera-
ton of a service of this kind the Cuban ad-
ministraton and this government would
feel justified in compromising with Nicely
far as he is involved in the present civil
suits
The War Department is informed that c.
+. W. Neely has instituted proceedings IN
New York to recover the $4,000 which was
found upon him at the tine Of his arrest in
Cuba. This money was in the possession of
the Post Office Department, but wnen
Neeley was tried 1t was turned over to the
War Department as one of the exhibits in
the case. 1t was sent to Cuba and returned
to the United States, and is now at the
War Department. 1t will net be given up
except by decree of the court deciding
into whose possession 1t should b. given. 1t
is understood that the Cuban government
has given an intimation that the money
should be turned over to its treasury t.
compensate it for the loss by Neey, but
question whether or net that government
has not forfeited all claim against Neely
or the money found in his possession when
he was originally arrested
Edward X. Jones. special assistant al
torney general of the United States, who
fas been retained by the Cuban gov,rn-
mcnt in the prosecution of Neely, recently
gave out a statement concerning the action
that Will be taken in order to recover tn
stolen funds. Mr.. Jones said that the
amnesty guaranteed by the Cuban govern
meGt extended only to the criminal offense.
Neely, when first apprehended. had Sc 600
on his person This was confiscatCd, and
is now in the hands of the government at
Washington. His $40 00O bail was attached
and he is bonded for $50. 900 by the Fidelity
Surety Company of Maryland. The first
hearing in the proceedings against him will
be held In the federal court in this city
some time in Octobe~.
Mr.. Nicely recently made a short staLe-
ment in New York in regard to his case in
which he said:
The United States district attorney, Mr..
Burnett, sent an inquiry to the Cuban au-
thorities asking what they would like to
have done in my case in the way cf civil
action. The matter was referred to the
Cuban cabinet, and the secretary of state
has sent q reply that there was no civil re-
sponsibility whatever on the part of either
Mr. Rathbone or myself. If Cuba has no
cause of action | cannot see how the United
States can have any.
When asked if he will return to Cuba Mr..
Neely said that would depend on the result
of the congressional investigation into his