The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-01-05
THE CUBAN POSTAL TRIALS.
HEARING BEFORE THE CUBAN
COURT BEGINS.

Nicely, Rathbone, Reeves and Their
Two Cuban Accomplices All ON
Trial at Once-Rathbone's Counsel
withdraw--An Plead Not Guilty,
Except Reeves, Who Is Granted
Time-NeeIy's Counsel Asks for
Time, hut Is Refused--The Court
Declines to Postpone the Trial.
Havana. Jan. 4.--rhe trials of the
cases arising from the Cuban post
office embezzlements opened to-day in
the Audiencia Court before FIVE judges.
The court room is located over the
prison in which Nicely has been con-
fined. One hundred and eighty-two
witnesses have been called to testify
and of these about eighty responded
to-day. OF the defendants Nicely, Rath-
bone and Reeves We're seaten on one
side of the room and Moya and Mas
cara, the Cuban stamp clerks, on the
other. Nicely showed no signs of his
confinement. He has grown stouter
and was in good spirits. Uopn the
opening of the court Rathbone was in
formed by the judges that his counsel
had withdrawn. The court asked the
other counsel for the defense if they
would assume charge of Rathbone's
case, and being answered in the mega
tive, appointed Lawyer Pascua, a
court employee, and gave Rathbone
one hour in which to consult with his
new counsel.
The court then asked Nicely to plead
and the latter responded that he had
never heard the accusations against
him, but after consulting with his
counsel. he entered plea of not guilty.
Rathbone, Moya and Mascara also
pleaded not guilty, while Reeves asked
permission to wait until the next SEES.
sion of the court before making his
plea, and his request was granted.
Senior Zaya, Neely's counsel, asked
that the accusation against his client
be ready. He said that he had not
given instructions to Nicely, as the
court had not allowed him to consult
documents and examine papers in or
der to prepare his defense. The COM
plant was read in Spanish, consuming
two and one-half hours. During the
reading Rathbone rose and said he
wished to protest against the continu-
| ance of the trial until he could have
lection, and. also that if his plea was
to be taken as a deposition he wished
to withdraw it. The court said that
the plea would not be taken in the
circumstances. and that Rathbones
protests would be considered. Before
the reading of the complaint was fin
| ished Lawyer Desvernine, a brother
of Rathbone's former counsel. asked
the privilege of the court to assume the
projection of his brothers client for
the afternoon. The court granted his
request. but would not allow the fur
Their delay asked for. Lawyer Des-
vernine then moved that the reading
of Rathbones answer to the charges
be withheld until the next session of
the court. which adjourned until Mon
day.
The court, in it's refusal to postpone
the trials, said that there was no rea-
son for delaying the proceedings be-
cause the interrogatories and other
evidence for the defense had not ar
rived, since they might arrive at any
time during the trial
The defense takes the ground that
the government is submitting a great
mass of documentary evidence and
that the twenty days given them in
which to file an answer is not suffi-
Gent.