The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-08-07
TIE HAVANA BANK ROBBERS.
The Question Of the Legality Of Their Arrest
and Detention Our Treaty Relations with
pain-Unreliable Rumors Of Kidnap-
ping-A Former Case-Proceed-
ings in q Brooklyn Court

Ouero v Alvarez and Enriques CacarOs, charged
with stealing from me Commercial Bank OF Ha
vana $67, 900 in bills OF exchange on Drexel, MOI
gan Co. and $50, 900 IN gold. 1t appears that the
former was confidential attache Of the bank, ana
about the time that the property was missed he
disappeared. Detectives were put upon his track,
but he escaped by taking passage to this
city with Cacaros and two women. The
Captain General telegraphed Mr.. Uriarte the
Spanish Consul here, who consulted the agents OF
the Spanish government, Messrs. Webster Craig
and information was made before Judge McCue,
OF Brooklyn. warrant was issued and placed in
the hands Of Detective Kirk. OF the Brooklyn orce
to execute. Meantime Pinkerton's detective
agency was called into requisition to work up the
case
On the arrest OF the parties they were confined
at the Brooklyn Police Headquarters to which
their baggage was transferred, and o large sum
in bills OF exchange found therein and
various sums in gold, which believed to be part
OF the proceeds Of the robbery. several informal
examinations have been had, but the facts were
carefully guarded SO that the press could obtain no
intelligence; meanwhile all the parties have been
Kept IN close confinement and not allowed to
communicate with each other.
Yesterday morning gentleman called at the
HERALD Office and stated that in restaurant he
had just met an attache OF the Spanish
Consulate, who stated that the prisoners
and placed upon the outward bound steamer for
Havana and that his chief the Consul had agreed
70 Pay e Wss TO ses @
Consul on the subject but neither he nor the Con-
sui General Craig nor the superintendent OF the
detective agency could be found IN the city. The
Vice Consul stated 1t was matter he knew moth
ing about; but the Consul he was satisfied, would
there was no extradiiion treaty between this
country and Spain. gentleman In the
Mr. the Craig sc,1 pr0 snS when 70 kn ss
reporter suggested that the whole proceedings,
including the arrest, was, in the absence OF q
treaty, Illegal he smiled, and SAID he supposed all
they expected was to get the money reiunded
that Mr.. Craig would not be party to kidnap-
ping them, but he supposed there were plenty OF
detectives who would do it II paid for their SER
vices. Some OF the New York detectives VINO
were spoken to said that 1T is not unlikely that the
sailing and then be transferred from
boat down the bay to the steamship. One
i'll charge is a son-in-law OF Secretary Fish, but he
is now in Europe, and his partner, General Craig,
has control OIL the matter. Lawyers yesterday
were at loss to discover by what authority pro-
could issue from the Courts against persons
committing an offence in territory with which we
have treaty regulations for the extradtion of
criminals, and thought, If they were Iorcibly re-
moved, tile United States would be bound to de-
mand their surrender 10y the Cuban authorities.
The Case In the Brooklyn City Court.
F. Yesterday morning the Havana bank robbers,
Enriques Cacaros and QuerO y Alvarez, were ar.
raigned before Judge McCue, of the Brooklyn City
Court, who issued the warrant for their arrest.
The two Spanish women who were arrested on the
steamer with them were also produced in Court,
but the men do not mpicate them and there has
been no charge preferred against them.
Assistant District Attorney Cullen, Of Brooklyn,
appeared on behalf Of the prosecution and General
James b. Craig on behalf Of the Bank OF Commerce
OF Havana, the swiudled institution. The prison.
ers mad no counsel. Mr.. Louis Mayans, an attache
the Spanish Consulate, acted as Interpreter, the
prisoners being unable TO SPEAK English
The prisoners are young neither OF them being
yet thirty years OF age and are men OF education
Alvarez, as General Craig explained yesterday
was the
SECRETARY OF THE BANK,
and that he gave the certificates TO Cacar0s, and
Cacaros would offer them Tor sale to many brokers
IN Havana. Those brokers would take these Ger.
tifcates to the bank TO see II they were all right
and Alvarez would state That they were then the
brokers would give Cacaros the money for them.
AlvareZs female companion is about thirty years
OF age, and by no means progressing; but The
companion OF Cacaros is "a beauty, and only
about twenty one years OF age.
The men having been arraigned, Judge McCue
sad to the interpreter
"Teli them That they are under arrest upon a
charge OF having stolen gold coin and bills OF ex-
change, the property OF the Commercial Bank of
havana, of the valne OF $40 OOO.- o' rs 4t
Mr.. Mayans (aiter interpretin this statement)-
They say that they
Judge McCue-Tell them that they are entitled,to
an examination now II they are ready, but that
they may waive examination until the Grand Jury
Cacaros to Mayans) 1t will be shorter II they
do 1t now.
Mr.. Cullen-The Grand Jury sits in September.
Judge McCue-rhey had better go to jail, then,
and waive examination. That Will give them an
opportunity to communicate with their friends,
and employ counsel and confer about their case.
Mr.. Mayans-They Wish TO know II it is necessary
that they should be IN jail all the time and II they
cannot have bail.
Judge Mccue-rhe bail VII, in all probability, be
so heavy that they cannot give IL.
General Craig-lt Your Honor please we can have
the witnesses here from Havana by next Friday.
MI Mayans-Ihey want to knowif
THEY MUST GO TO JAIL
in the meantime
Judge McCue-Every person is entitled to
speedy examination, TO the end that If he is inno-
cent he may prove mis- innocence. But il the evi-
uence is suniclent l will remand hun to Jail to
await the action of the Grand jury
Mr.. Mayans-They say they cannot deny the rob-
berry. They acknowledge IL and expect 10 finish as
soon as possible.
Judge McCue-The only thing that can 40 is to
take the plea OF guilty, but cannot act upon 1t.
Tney will have to wait Tor the Grand Jury.
MIR. Mayans-Cacaros would like to know II 1T
would lie possible for him to remain with his wife
for short tline as he is unwel and 1t would COM
tort him.
Judge McCue--That is matter for the jacr. He
kind-hearted man and will DO whatever Is
right IL is IN his discretion.
Mr.. Mayans-lhey ask that they shall not be sent
back to spain or Cuba.
General Craig-well, you may tell them that the
Court has no power 10 send them there.
Mr. Mayans--They insist upon
TIE lDkA OF GOING TO HOTEL.
lutely out OF the question. They must go to JAIL
MIR. Mayans-CacarOs wants 10 know If they can
communicate with their wives and counsel.
Judge McCue-Certainy.
Upon the voluntary examination OF Alvarez, the
latter said he was twenty nine years or age, ma
tive OF Grenada, spain, lately resident OF Havana,
a merchant by occupation. In reply TO the question
as 10 whether he had anything to say In relation to
the charge against INN, he sald:-'I do not agree
with the name that was given TO the act. II is not
a robbery. II was an abstraction OF certificates OF
shares rom BANK
Judge McCue-Does he mean shares or certificates
OF sharesi
General Craig SAID :-1ney took 149 OF these GER
tificates, which were worth $500 each They are
certificates emitting the holder to a certificate OF
stock or a share IN the property OF the bank, and
they pass from hand TO nand like bank notes, or
share OF stock with an endorsement blank on the
back.
Mr., Mayans-AlvareZ says that
THE VALUE OF THE PROPERTY STOLEN
was nominal; IL is not $4,000; they sold IL at 80
per cent discount
Judge MISUNDERSTANDING then, how much9
Mr.. Mayans-AbOut forty thousand dollars Al