Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-04-01
CAN NOT FREE RATHBoNE.
Roosevelt Has No Power to Interfere
With Cuban Courts Decree.

Washington, April L. President
Roosevelt will not pardon E. G.. Rath-
bone who was convicted and sentenced
to ten years Imprisonment by Cuban
court for completely in the postal
frauds at Havana. The friends of
Rathbone have made an earnest appeal
to the president, and have protested
his innocence, charging that his convic-
ton was the result of a conspiracy.
Senator Hanna is one of Rathbone's
loyal friends who has taken an interest
in his case, and urged executive Glenn
ency.
There are two reasons why the presi-
dent will not interfere In behalf of
Rathbone. First. 1t is beyond his pow
er. Rathbone was convicted in the
civil courts of Cuba, and there can be
no appeal from those courts except to
Governor General Wood or later to
President Palma. The president does
not believe that he has the right to re-
verse the judgment of civil court or
to pardon a man convicted by that
court. He does not believe that it
would be wisdom for him to exercise
such power if he had it just before
turning over the island to the new gov
eminent of Cuba.
The second mistake Rathbone's
friends made was in charging con-
spiracy against him, and saying that
Governor General Wood was behind
this conspiracy. This was fatal mis-
take. The president has absolute con-
fidence in General Wood and will not
believe that he has SO far perverted his
power as to engage In a conspiracy to
destroy Rathbone or any other Amer
lean in Cuba. To believe this the pres
ident would be compelled to recall
Wood at once and condemn his admin
istration. President Roosevelt and
Governor General Wood have gone over
general has explained just what was
the evidence against Rathbone and
why the court convicted him. In addi-
tion to this explanation and the evi-
dence that was presented to the Cuban
courts, tI-re is the report of Fourth
Assistant Postmaster General Bristow,
made to the postmaster general. show
ing the guilt Of Rathbone, Nicely, and
the others who were implicated in the
postoffice frauds at Havana.
Mr.. Bristow was sent to Havana by
Postmaster General Smith with in
structions to investigate fully all the
conditions in the Havana postoffice
and report to him without fear or IA
vor. He did so, and his report, made
two years ago, was against Rathbone
as we'll as Nicely. This official report
was presented to President Mckinley
at the time and he refused Rathbone's
application to be brought to this coun-
try for trial. The supreme court also
refused the application of Nelly and
Rathbone to be brought to this coun-
try for trial.
The president has no official excuse
for interfering with the execution of
the verdict against Rathbone. In view
of the accusations of conspiracy on the
part of Governor General Wood he has
no inclination to do SO. He regards 1t
as fatal weakness in the appeal OF
Rathbone's friends. Senator Hanna has
been advised that no influence can
successfully be brought to bear on the
white house in behalf of Rathbone. He
has been advised to walt until General
Palma is inaugurated president of Gu
ba and then make the appeal direct TO
the head of the Cuban government. 1t
is possible that President Palma will
consider such an appeal and modify the
sentence, against not only P,,thbone,
but against Nicely and Reeves.