New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-28
THE MIJARES INCIDENT.
VENEZUELA GIVES Up IT'S CLAIM.
THE REAL DECt.IoN IL THE GA,iEz CASE AXD
ITS PRESENT REARING

THE REAL DECl-ioN IL TIE GAlEz CASE AND
ITS PRESENT BEARING.
Washington. Nov. 27.-lt appears from the IN
o1Ithl news received from Vcnezuea that the
Nia;es Incident is AT an end ana that the Vcnezuc
Ian Government ha, been scrcrd Is the presentation
cf tie case made By Minister sc.u-es MIiares was
Venezuelan refugee. who sought shelter upon the
Red Line steamer Philadelphia at II Guayra
which vessel was Obliged 10 sail without Clearance
papers because OF the refusal OF her captain 20
surrender the fugitive to his pursuers Because
q charge If cIimlnallty had been trumpet mp against
him II was conteaded BY the Venezuelan Govern
mcnt that he could not re regarded political
refugee. and should be surrendered
The point was successfully met by Minister Scruggs
and to strengthen the position taken by the United
states an examination was made Of IN" case Of
Gamoz. which was never fully disclosed. Mr..
shannon, United states M!llstcr 10 Nicaragua, has
made an Interesting report to The Department Of
state regarding the case. In 1885 Gamcz, who
was Nicaraguan political refugee embarked az san
jose Guatemala, for Punta Arenas. Costa Rlca. on
board the Tadnc Mail Compnys steamship Hon
duias. Captain James McCrac commanding. While
The Honduras was living In the port Of luaH del
sur. Nicaragua. the authorities OF that country On
dcavorcd 10 arrest Gamcz, but Captain NcCrac refused
TO give up his passenger and eventually sailed from
the port without the usual permit.
1t was reported TO the Department at tho tim"
that criminal proceedings were Instituted against
Captain McCrae In the Ncaraguan courts IN his
absence. and that he found guilty although the
Consul stated that he had no; been able T. learn
The nature OF tie sentence. This assumed con
siderable importance during tho Darrunda incident
by reason OF the fact that the Guatemalan Govern
men. placed special stress upon II supporting
lis position, and that II MIR. Bayari's ruling with
respect 20 II on which Mr.. Miner relied In defence
Of his action wih respect - EITunda.
II now appears that Tie final issue o. the Gamch
incident has been misunderstood NJ. shannon finds
that criminal proceedings wcrc In fact brought In
Nicaragua against Captain NcCrac, yet they did not
result In his conviction but instead. In his a.
quiital. Judge Pn'da. OF the Criminal Court Of the
Inst Instance acquitted captain McCrac Ia opinion
in which be discusses the duty of tn captain under
international law. and holds that he not under
the obligation 10 deliver Gamc7 ~ The Nicara guam
authorities and that his refusal 70 do n
disre,pcct Ia tho latter. Tn" julS" cite, pertinent
passage, from the eminent spanish American pub
ic-is CavO and Ecllo. This decision Of Judge
llnrda was promptly referred 10 the >upr"m" Count
Of Granada where 4 appears 10 have r"mnincl with
ouf final Judgment until April Of I'll. year when y
decision WAS issued simply approving a." finding
of the lower court arquting Captain McCrar without
making any review ~ the ease or az III" oring
of The opinion. Thus I. now APPEAR, Tint tn courts
of Nicaragua upon m actual trial of ihr captain
found that he warranted h refusing 10 SURE ndrr
Gamrz to their auihOrliits.