New-York tribune., 1902-06-29
R4THBONE APPEALS TO CONGRESS.
THROUGH SENATOR TELLER HE ASKS FOR
AN INVESTIGATION OF HIS CASE.

AN INNESIICIAEIO Ot HIS CASE
Washington. June 2s-In the Senate to-day Mr..
Teller presented a petition from Estes q. Rath-
bone. praying for full investigation his per
formance his duties director of posts of Cuba.
He maintained in his petition that he unjustly
tried and unfairly convicted and that he is entitled
a full fair and impartial Investigation by Con-
gress. Mr.. Teller said the petition unusual and
the conditions unusual, and at his request
the petition was read in full The petitioner asked
that fun justice be done, 10 the end that asper-
sions his character might be eliminated.
Mr.. Teller said the petitioner was not now In
jeopardy. but would have been had not general
amnesty been granted by the Cuban Government
He stood before the world as convicted criminal
The case unique, but II which might
arise at any time in the Philippines 1t seemed
10 him that the question demanded investiga ton
by the Senate. While he did not pass the guilt
innocence Of the petitioner. he believed there
fair presumption OF his innocence.
The petition was referred 10 the Committee
Relations with Cuba.
The text OF Rathbone's petition follows:
To the Congress OF the United States
our petitioner respectfully represents that ne Is
flfty-three years of age and citizen Of the United
OF the Postoffce Department of the United states,
hr went 10 cuba IN the capacity OF Director Gen
eral Of Posts of Cuba: that while acting IN such
capacity IN Cuba. and while that country was gov
erned by the United States. he was accused Of high
crimes and misdemeanors in connection with such
office in the 1900 resulting in his being arrested
demeanors which resulted in his conviction and
sentence Tor term or Imprisonment ana 1ne IN
April. 1902 Later ne was released under general
amnesty act TO all American citizens by the Cuban
Your petitioner respectfully requests the United
States Congress To direct that a thorough investi-
in connection 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
United States assigns one Of its citizens to public
service in foreign land and in the course of the
performance Of his official duty in that foreign ser
ors Il is the duty of the government Of the United
States see that he has fair and impartial trial
nd 1InIeTa J methods 9f nrocedira contrary alike
o the laws Of that country and the fundamental
principles justice. He should be sentenced 10
severe and unusual penalties without the right OF
appeal to the government of his own country for
relief and protection.
Your petitioner further represents that he was
improperly tried unjustly convicted. sentenced to
ca15 n5 SRd b bsd becas Of th anesy s BY the
Cuban Government. which new trial. under unin-
your petitioner submits, that. as citizen OF the
and impartial investigation by the Congress OF his
Your petitioner makes the following statement OF
the reasons for this application:
The proceedings which led 10 his conviction were
ceedings directed and controlled by a person or
courts were established and controlled, and who
in violation of law and established rules of tu3
communications TO the courts by whom your petit
9ner o "a % a ra fT9 sn tf o nehced 10 @ ad e
these tribunals as thwart the purposes OF JUS
tce and nfict great wrong upon your petitioner
TX parte evidence admitted to the trial. con-
sistin Of * depositions taken in the United
OF which neither the petitioner his attorneys
had opportunity TO be present or cross-eXa mine
the witnesses and the trial refused TO sum
mon witnesses in his behalf in violation OF Article
VI OF the Bill of Rights amendment TO the con-
stituton of the United States; that his attorneys
were not given and material to his defence was
withheld, and the principal witness for the
him was not upon the trial His testimony
was not given under oath. This witness testified
| as 4 defendant
Your petitioner further represents that under
! the laws of Cuba a defendant in criminal trial
j not required be put under the sane
! ton of an oath He cannot be punished for per-
fury if he gives false testimony This witness was
Convicted under the proceedings your petit
| TONER and afterward pardoned witness
for the State in postoice when in fact.
he was not declared witness for the State, as re-
| o1ired bv law a defendant in the case
| This witness took advantage of his position as
defendant escape liability for perjury If he gave
fal testimony. He took advantage of his posi-
ton as a witness for the State secure pardon
| In view of these and other reasons. your pc
| titiOner requests Congress- TO make thorough and
exhaustive investigation of all of his acts in Cuba
! in connection with the office which he as
signed under the authority of the United States
/ the methods employed secure
! his conviction the end that truth may be dis
/ petitioner may be relieved from the unjust
/ aspersious cast upon his character. And your
! petitioner will pray, Z. g. RATHBONE
THE CHRISTMAS CHARGES.