The Republican. [volume] (Oakland, Md.) 1877-current, 1902-04-03
NO BAIL FOR RATHBONE
Placed in the Carcel, or Jail, and All
Offers of Bond Absolutely
Refused Him.
HOW THEY TOOK THEIR SEhTfNG
Nicely Kept His Nerve, Reeves Was In
different, But Major RathbOne Called
1t Political Conspiracy-The Latter
Wants New Trial.

The conviction of G. F. w. Nicely,
W. H. Reeves and Estes G. Rathbone
and their sentence to ten years each
in prison and to pay large fines for
conspiracy in the postal frauds Great
ed almost as great a sensation as did
the exposure of the frauds two years
ago.
Rathbone's friends charge that his
conviction had been decided upon for
political reasons and because of per-
sonal animosity on the part of Mill
tary Governor Wood growing out of
Rathbone's candidacy for the Govern
or-Generalship. These charges are
denied by General Woods friends.
In the opinion of many members of
the Havana bar Rathbone has good
reasons for a new trial. This can be
ordered by the Supreme Court of
Cuba in granting writ of error,
though the higher court cannot pass
upon questions of fact. Attorneys
for Nicely and Reeves are also conf
dent that they can obtain a new trial
for their clients.
Rathbone, who was arrested the
night after being sentenced the day
before by the Audencia Court to 10
years imprisonment and to pay
fine of $35,324, remained in the Vivac
prison all night. At II o'clock next
morning he was taken to the Carcel
(the Jail accompanied by several
friends.
Rathbone's bondsman, Senior Lopez,
IA Spanish merchant, went to court
next morning and announced that he
was willing to furnish bond in any
amount, but bail was absolutely re-
fused. The court holds that there
are no exceptional circumstances in
the present cases to warrant the ac-
ceptance of bail. Under the Spanish
law the court is allowed to accept bail
when the accused has good record,
when there is no reason to suppose
he will attempt to escape Justice,
when the crime with which he is
charged has not produced alarm, and
when it is not of constant occurrence
in the province.
Reeves was also committed to Jail
without bail
Rathbone's former bond of $25, 90 is
Cancelled by the fact that he has been
put in prison. Reeves bond amount
ed to only $1,000.
Counsel for Rathbone have not yet
received official notification of their
clients sentence. They assert that
his arrest, under the circumstances,
was irregular, but admit that the
court had the option, under the old
Spanish law, to refuse bail when the
sentence is over six years imprison-
ment
Acting Governor Scott says the case
is in the hands of the court and that
he cannot intervene in the matter of
fixing bail if the court refuses to ac-
cept bail.
When news of the verdict reached
the defendants, Nicely, with the same
wonderful nerve that characterized
him since the disclosure of the frauds,
laughed and said: "Oh, that doesn't
go. In fact, l believe that the Su-
preme Court will grant writ of error
and order new trial, at which will
be acquitted. l have business en-
gagements in the States this spring
which must be kept"
Reeves who turned states evidence
and expects full pardon, appeared I'M
disturbed when told of his sentence.
Rathbone, who fully expected &C
quittal was surprised and visibly dis
tressed. 1t was some time before he
could fully realize the situation. He
then said: 81 am innocent and was
entitled to an acquittal on the testi-
mony. Now realize that am being
prosecuted for political reasons and
personal spite, and that l was con-
victed before | was tried. knowing
myself innocent, l want justice and
no pardon either from the American
Military Governor or from the Cuban
President. OF course, we will appeal
Immediately, and my attorneys say
they have sufficient grounds for OBJ
tanning new trial.
The conviction of Nicely and Reeves
was not unexpected, but Rathbone's
was not only a surprise, but shock
to many who followed the trial.