The San Francisco call., 1903-12-04
LAW IS CHANGED
BY WOODS ORDER
Ouba's Former Governor
Himself the Court Of
Last Appeal.
Sets Aside Island Statutes
to Encompass Rath-
bones Downfall.


charges fled against General Leonard
Wood. IN opposition to his confirmation
70 be 8 major general The first wit
ness was Melville E. Stone, general
manager Of the Associated Press.
Stone was questioned concerning the
report that General Wood had sought
70 retain F. g. Bellaires as the repre-
sentative Of the Associated Press in
Havana. He submitted a letter writ
ten by Major Runcie TO Colonel Charles
5. Diehl, assistant general manager OF
the Associated Press, which requested
in behalf Of General Wood the reten-
ton Of Bellaires, saying il was impOr-
tant 70 have a man representing the
Associated Press in Havana who was
IN the confidence Of the military gov
ernor. Stone said the matter was then
under the charge OF Colonel Diehl.
Bellaires was retained, but his pre-
viOus record was not known 10 the
officers OF the Associated Press. When
il became known Bellaires was dis
charged.
Stone also was asked as 10 what
knowledge General Wood had Of Bel
laires' record. but on this point he could
give the commission little information.
Il was decided that Colonel Diehl
should be subpenaed.
BAKERS REPLIES AID WOOD.
Ray Stannard Baker. the nan who.
Major Runcie said. was at the dinner
with General Wood and himself when
the proposed magazine article criticiz-
ing General Brooke was discussed. was
the next witness.
Baker confirmed some parts Of the
testimony Of Major Runcie and con-
tradicted or qualified other portions of
it. He denied that there had been .anv
consultation between himself and Cen
eral Wood relative 10 the publication
of Major Runcie's article rejecting up-
on the administration Of General
Brooke. He said, however. that he had
talked with General Wood regarding
n article which was subsequently, pub-
lished over his own signature. When
asked whether he had conversed with
the President relative TO the Wood
case he replied in the negative. and
also made practically the same replv
10 question as TO whether he had CON
ferred with War Department officials
concerning the article which vas pub-
llshed over the signature Of Major
kuncie. Baker said that Il had been
given 70 him by Runcie, but that. so
Tar as he knew. General Wood had no
knowledge Of il previous 10 its pub-
Ication. He said he had taken dinner
with General Wood and Major Runcie
several times in Santiago. bur that the
publication Of an article attacbinr
General Brooke had never been the sub
5ect Of conversation.
HANNA ASKS QUESTIONS
Baker was questioned closely bv Sen
ator Scott Of the committee and bv
Senators Hanna and Teller. who were
present They quoted Major Runcie's
letter 10 Baker. suggesting that the
time was Opportune for the publication
of the Runcie article in General Woods
interest, and asked him If the letter did
not show that there had been confer
ences on the subject and a perfect
understanding- Baker admitted that
appearances would lead TO that infer
ence but insisted there had not been
any understanding.
Baker admitted that he and Wood
and Runcie had discussed General
BrOoke's administration Of Cuban af-
tatrs. but said the discussion had been
impersonaI and that BrOoke's name had
not been mentioned. He also said that
General Wood had introduced him to
Runcie when he was sent to Cuba.
At the afternoon session Of the court
the only witness heard was Dr. Pablo
Desvernenie. who was secretary Of
finance under the administration Of
General Brooke as Governor General
and later attorney for Major Rathbone
Or Desvernenie's testimony related en-
tirely TO the Instructions given TO the
court by General Wood He charged
that General Wood had changed laws
of Cuba in order to admit ex-parte evil
dence in. the postal cases.
REVERTS TO SPANISH LAWS.
The modification Of the principles Of
Cuban criminal procedure, which was
said 10 have been particularly detri-
mental 10 the interests Of Major Rath-
bone. DR.. Desvernenie declared was
made in an order issued by General
Wood on April 30, 1900. The effect OF
the order. said the witness, was to re-
vert TO laws in force under the regime
Of colonial Spain thirty Years before.
According 70 the testimony Of DR..
Desvernenie, the orders made by Cen
eral Wood were issued to the Judge Of
Instructions. whom General Wood could
remove at his pleasure. The witness
declared that the order was in violation
OF the penal statutes and the rights Of
parties interested in the postal cases.
AS an Illustration OF the powers Of Gen
eral Wood under the military govern
nent the witness said that General
Wood IN one case removed a Judge of
first instance in one Of the high courts
and also three Of the associate judges
Of one section Of the court AS a cause
of removal Il was said the judge had
not complied with the law as modified
By General Wood
The removal, said the witness. was
made over the protest OF the Bar Asso-
citation. a corporation having specific
efBciaI powers. The association declared
the removals unwarranted and in con-
ISOLATION. or 10 appease its anger, Cen
eral Wood appointed the deposed
judges 70 positions on the board OF
- - ~ DE- Auco1foffnV