The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-14
Action Taken by the President Look
ing to IA Review of the Testimony
by the Court of Appeals.
ORDER ISSUED TO GEN. WOOD
THAT WILL BE PROMULGATED AND
BECOME CUBAN LAW.
Convicted Criminals to Be Accorded
the Same Rights i'm Cuba That
They Have Here.

WASHINGTON, May 13.-The President
has directed Secretary Root to confer upon
the Cuban Court of Appeals the right to
review the testimony in the case of Estes
G. Rathbone. convicted of completely in
the Cuban postal frauds, with authority to
take additional evidence if it so desires.
This authority will be Immediately con-
fcrred and it is presumed the court will act
at once.
The method by which the President pro-
poses that Rathbone shall be given another
chance to prove his innocence is fully de-
veloped in a message sent by Secretary
Root to General Wood 1t should be ex-
planned that there is not now under Cuban
law any means of taking an appeal to a
Supreme Court in cases where there has
been an error in procedure in the lower
courts; appeals can be taken only where
there have been errors of law. To make 1t
possible to review Rathbone's case. there
fore, General Wood has been ordered to
promulgate such modification of existing
law which, by the way, also will fit the
cases of any other persons held under arrest
under conditions similar to those of Rath-
bone. BY promulsating this law now and
before the Cubans assume their own ad-
ministration General Wood viii cause Il
to become the law of the land. under the
section of the Platt amendment which con-
tinues in force the laws as they are left
by the American administration. The order
TO General Wood follows:
''Sir-Counsel for Defendant Rathbone, in
the postoifice cases, has presented TO the
President an application for an order bv
the President directing "A new trial in his
clients case on a number of grounds. some
relating TO the procedure followed and
some relating TO the merits of the case. As
a reason for urging action by the President
he alleges, among other things that the
jurisdiction of the Supreme Court on ap-
peal is so limited that they viii be unable
10 afford relief upon the grounds on which
he relies. and that upon the 20th of May
when the military government terminates
hiS client viii be left without any redress
under the laws OF Cuba II has
been found impossible as vet to
give the full consideration requested
by the arguments presented. but in view
OF the fact that the Constitution of Cuba
about TO take effect VIII exclude the Presi-
dent OF cuba from the power to pardon
crimes committed in the performance of
/ their duties. the President deems il de-
sirdble that no doubt should be left Of the
power OF the Supreme Court TO review con-
Vlctions I'm such cases uDOn an questions
Affecting the defendants substantial rights
it IS the senerfu rule in this country that
a defendant in q criminal case shall have
4 at least one full review OF an such ouestions
by an impartial tribunal other than the
/ trial court and that practice should be en-
bodied in the law of Cuba before we leave
the island, particularly in view of the fact
+ that citizens OF the United States may be
left there subject to convictions as TO which