The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-15
RATHB0NE'S STATEMENT
FORMER DIRECTOR OF POSTS AT
HAVANA STILL BITTER.
Says He Was Unlawfully Tried ana
Convicted of Conspiracy Upon w.
III. Reeves's Testimony.

WASHINGTON, March 14-Estes G.
Rathbone. formerly director of posts at
Havana, and who was convicted of mis-
use of funds. but was pardoned under the
general amnesty proclamation by Mr.. Pal
ma when he assumed Office has made pub
lie a statement of his case. This statement
was addressed to Senator Platt of Con-
necticut, chairman of the committee on
relations with Cuba.
Mr.. Rathbone has been earnestly urging
that action be taken upon his case, and
now that Congress has adjourned without
taking such action, he has decided to make
public his statement. In it he says: II
make the following statement as a basis
for the investigation: was an officer of
the United States, appointed and COM
missioned by the President of the Depart
ment Of the United States, and was amen
able only to the authority of the United
States. AS such officer l was detailed to
duty in the public service of Cuba, a for
eign land. and during all my incumbency
in said Office / acted as citizen Of the
United States, under the direction of the
United States Postoffice at Washington in
pursuance of treaty which was and is
part of the law of the United States, and
in the course of the performance of my
official duties i was charged with high
crimes and misdemeanors, and was tried
in that foreign country by tribunal APP
pointed by and acting under the authority
and direction of the military governor of
Cuba, appointed by the War Department
of the United States under said treaty,
and was put upon what was claimed to be
ria all nd mis-
meanors
II contend that 1t was the duty OF the
government of the United States to secure
for me a fair and impartial trial under
usual and regular rules of judicial pro-
,eedure, for the official acts performed I'M
der its appointment direction and author
ity: l was subjected to trial by arbitrary
and unusual modes of trial, contrary alike
10 original laws of Cuba and the funda-
mental principles of justice.
THE proceeding which led to my convic-
ton was not judicial proceeding, but was
trolled by the military governor of Cuba,
who issued orders, instructions and COM
munications to the courts from time to
time, according to the eXigencies of the
case He directed the amount and char
acter of bail which should be fixed in my
case in violation of law.
II did not have fair and impartial trial.
BY letters of instruction communicated to
the trial court he authorized the use as
evidence in the case of ex parte dispositions
taken in the United States on behalf of the
government. Illegal evidence was used
against me, notably hearsay and parte
affidavits. Witnesses were not summoned
in my behalf, in violation of Article 6,
amendments to the Constitution. The courts
were a part of the military government.
The military Governor had full authority
to appoint and remove members of the jul
dietary at WILL
by official orders and acts the military
Governor Disseminated against me in the
matter of my official accounts. Items of
expenditure in my accounts he held to be
improper while he admitted as proper
items in the accounts of military and other
officials including his own. In certain cases
he held that items in my accounts were
criminal in character. and directed my
prosecution because of them. In accounts
of other officials, and his own as well, in
which the same character of items were
included, he held that they were proper and
regular.
II was arrested on the charge of malver-
sation of about $4,000 of public funds, but
the charge was unlawfully, and contrary
to the order of the secretary of war,
changed, charging me with conspiracy with
Neely and Reeves to defraud the govern
ment of more than 800 900, and l was held
for trial unlawfully and unlawfully con-
victed of conspiracy. | was convicted of
conspiracy upon the uncorroborated testi-
mony of an alleged co-consprator w. H.
Reeves, who was a defendant upon trial
upon the same charge"