Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-09-01
The Shooting Of General Barrundia
On BoaTl an American
Vessel.
THC STATE DEPARTMENT At
WASHINGTON
VIII at Olce Take steps Toward an
Investigation " the
Murder.
OPINION BY = LAWYER AND
TRAINED oIPLoMsTtsT.
4 Cipher Dispatch From Guatemala
BIam the 4. :. Through
Miners Action.
Telegraph TO the SEws.i
BARRTSBIN-s MURDER
The state Department ~ washing
to,. Heuaf- silent Thereon

HARRTNDIA's MURDER
The state Department ~ washing
tod Reuai- silent Thereon
wAsHISGrON, Aug. 3l.-Noth-
ing is yet known at the State De-
vartment % the Barruudis escapaie,
| and the officials decline 10 expires
an opinion n b. it, legal or diplO-
/ matte aspect, but from a gentleman
here WIN - both n lawyer aud a
tEliuei JiplJmati-t- | obtained the
following opinion:
"Un,ier tine law Of cOntElhlui, as
expOunded 10y the very best authOri-
| tie. the Guatenallu officials had
a right q demand and seize the per-
son Of General Barundia, n known
enemy Of their government, even
from a neutral vessel, while within
their Jurisdiction. This lac certainly
vas. .lving on the steamer AcdpuicJ
I IN the harl-ur % san Jose lie Guate-
mala, and presumably within n
marine league q the shore, which
j. included in the territory Of n
country. 80 far the Guatemaians
were within their rights, but for the
United States minister 10 lend his
personal influence ami authority 10
project and facilitate the caniure Of
a political refugee who had s1ugh.
safety un6er tine flag o: the country
that Minister represented would be
an act 90 iueNCusabic and 50 utterly
contemplate rs 20 merit severe COL
tlcfun-ti1u from hi- official superb
ors. From all srcOunts tire captain
o. the "icdpU'cJ' wGs not disposed
10 give General BlrrGudia zap 20 his
enemies. IN only yielied when he
was confronted with the official
Ouicr Of Minister Miner.
Nearly all civilized nations eN-
tend tbe right q asylum 20 political
refugees, aud il the Published n
plrtS are true, then Minister Miz
ucr, 10y his ignorance or worse, has
placed his Government In a very
undesirable aud humiliating at'i-
tudc. Another theory o! the affair
is that Minister Miner may have
,rointed out % the captain Of the
..iegi.5'o1" the purely legal aspect
Of th,. ease and adyi-esi him not o.
enjanger the lives q his crew AMI
passengers 10y resisting too far the
demands % the Guatemilan authOri-
ties. II this i the course he pur-
sued. he then only performed his
duty. hut the tenor Of the dispatcht :
DO not tend 70 confirm this view
LATEST PROM WASHINGTON
WASHINGTON, August 81 The
State Department has taken meas
urss 10 secure full Particulars Of The
shooting Of General BaTrundia On
lrrari an American vessel lying IN
the port Of san jose by officers on
the Guatemalan Government AMI
uutil the facts and circumstance
connected with the atlairare known
Il does not care 70 express any
opinion Of the case, or Of the course
OF Minister Miner.
4 case involving the identical
principle occurred in NicIrlgul IN
ISIS. and % that case Secretary
Barari informed 1Ir Minister u
Central America that the Mean
guam Government had a right 10
take the man wanted from an
American merchant vessel, PROV idei
she were in NicarlCuan waters.
In letter dated Guatemala, Eel
mary 10, 1855, Minister Hall in
fn!mrd Secretary Fr.linghuyseu
that lac had been Informed that the
Niclraguan government proposed
to take from on board the Pacific
Mail steamer Honduras, then lying
a. -. -. III -srYr /. "a -. o. % r I
named Gomez, bound for Panama,
but wanted In Nicaragua to answer
10 a charge Of being implicated in
recent instruction Minister Hall !
said he hal directed our consul at |
Mauagua 10 inform the Nicaraguan !
government that our government |
ha- never consented ami never viii /
consent 10 the arrest and removal /
from an American vessel in a |
foreign port, Of any passenger in |
transit, much les IL the oilrnse i
political.
The captain Of the vessel did not |
give up the man, and sailed out q
the port without securing
rRDrER CLEARANCE rArEEs.
He was tried and convicted for this
hy the Nicaraguau authorities. The |
ease came before the State Depart
ment in this way. lie held that
Minister Hall had not acted accord ]
ing 10 law.
la his letter 10 the minister, whicS
i dated March l., ISIS, Secretary
BayartI says: sit appears that Go
mez voluntarily tool passage on the
vessel, knowing that Il would enter
en- route a NicaTaguan port. IL may
safely be affirmed that when n meT-
chant vessel 1f one country enters
a port OF another for the purpose. 81
trade, Il owes temporary allegiance
and i amenlhle 10 the jurisdiction
Of that country, aud is suject 10 the
laws which govern the port il visits
- long as IL remains, unless other
wise provided 10y treaty. Any ex-
emptiOu OF Immunity from legal
jurisdiction must be derived from
the consent OF the country"
II i said that cases have frequent
" occurred In which TevslutiOuiSt=
aud Others wanted for otfenses Of one
character or another have been
seized by the Hawaiian Government
while ON British merchant ships,
aud Great Britain has not protested,
establishing n diplomatic precedent.
The Blrrundia affair differs from
the other, In that the man was shot,
but the right 70 seize being conceded,
the right 10 kill, II resistance i made,
Il an oli-estahlished principle Of law.
The principal criticism made In
diplomatic circles Of Minister Miz-
ner'S cnur-e i that Of unnecessary
Interference. IL is suggested that
he might have simply stated 20 the
Ciuatemllans that they seizel the
man st their own risk, Tut the De-
partment waits exact information as
TO what he did DC.
Beats His Own Record.
HANBURG, Aug. 3I.-Dr- Carver
belt his own recon- today, by four
minutes and twenty seconds, in
breaking 1000 glass tails with n rifle
In exactly thirty-:0ur minutes.
a Family Jewel
DR.. David Kennedy, Of Rondout,
/ y. Y. the famous Surgeon and