The morning call., 1894-09-13
ARGUMENT BEGINS
Closing Up Extradition
Cases.
WILL BE SUBMITTED FRIDAY.
The Courtroom Was Crowded as
Usual.
OUESADA SUCCUMBS TO THE AIR.
The Constrained Positions and En-
forced Silence Told Plainly
on the Prisoners.
WILL BE SUBMITTED FRIDAY
oUEsADA sUCcUMBs TO THE AIR.

concluded their opening argume ent In the
EZeta extradition proceeding before Judge
Morrow yesterday afternoon and Mr.. Page
for the prisoners at once took up the pre-
sen tation of their side of the case.
There was good deal of musty law
about the argument, the tables set apart
for the attorneys being piled high with
tones Of legal lore. out OF the pages of
which the eloquent findings OF minds long
since silenced were arrayed on one side or
the other as the case might be. No matter
how dry the proceedings may have seemed
the crowd remained constant and from the
opening of court until adjournment every
seat was taken.
The burden of carrying on the fight for
the Provisional Government of Salvador.
which had devolved entirely on the shoul-
ders of Mr.. Pierson through the sudden
illness of his colleague, was taken up and
carried most effectively. When court sd-
journed on Tue sday he had set himself t.
work taking up the thread of argument
! where ii had been broken short time be-
fore and when he arrived in court in the
morning the effort was visible IN his eyes.
He made an able effort despite the tre-
mendOuS strain to which he had been sub
mitted. and when he had finished the en-
tire ground, fir ON his point of view, had
been gone over and thoroughly threshed.
The hardness of the chairs and the en-
forced silence In the courtroom told on the
prisoners Yesterday. They fidgeted con-
! uually, looked barred to death aud made
scarcely an effort to conceal their yawn-
ings. The poor ventilation manifested
| itself on Mr.. Quesada early in the session
| aud he had TO leave the courtroom and re-
main away during the rest of the day.
Counsel for the accused began their az
gument which 1t is not likely will be con-
cluded until this afternoons adjournment.
The closing of Mr.. Pierson will take up
the morning hours of FRIDAY, and the case
| will be submitted for decision some time
during the afternoon.
Mr. Pierson, resuming the argument at
the point where 1t was left off Tuesday By
reason of tile sickness of Mr.. Mitchell,
stated that Cashmere Henriquez was not
spy. The direct evidence of three wit
nesses showed that he was not. In the
face OF positive evidence on the part of the
Government what possible excuse can be
given for the murder of this young man?
There is no evidence in The record TO JUS
tity that boys slaughter. He placed no
reliance on the word of Ezeta for
one powerful reason. The man who,
under oath, could say that any one was
well killed, was savage and barbarian.
The boy was victim of bis capriciOus
brutality.
The robbery of the agency of the Bank
| OF Nicaragua and Salvador on June D last
was next taken up. The dispositions OF
Don jose RueZ, Evaristo Ambrosy and
Enrique OreaDa were read aud compared
| with the testimony of the prisoners, coun-
sci drawing from this that EZeta and
! Cienfuegos SHOULD be held for extradiIon.
Ouce again the killing Of Colonel Tomas
Canas was passed in review. The depo-
| sitiirs OF Colo0el CalixtO GuZmau, Carlos
SalaZaT, Jadislao SalaZar and Fernando
| Ca rama were read. This was the case
| of an unaccompanied man approaching a
| BODY of seventeen men, then disarmed and
! shot in the back-as eold-blOoded and as
foul murder as the records of jurispru-
| dence can show. The testimony of the
accused that Tomas Canas attempted t.
shoot EZeta was lie. If EZeta shot Id
self-uetense that would be a defense upon
his trial, aud If the President shall deter
mine co give these men up he will see 10 it
that they get fair trial.
This ended the branch CT the argument
Mr.. Pierson stated, which had been left O
the care of Mr.. Mitchell. Under the ex
| isting circumstances he had concluded to
present at the opening all the law thew
had 10 present in The discussion OF the
case as though 1t were the clo.iug argu-
ment.
1--WE submit" said Mr.. Pierson, "tbat
your Honor, sitting here as a committing
magistrate, has no jurisdiction to pass
upon the question as 10 whether these
crimes are Of political character. We
DO so Tor several reasons, and we think
that view is borne out not only by the
treaty between the two countries, not only
ov the act of Congress under which your
Honor Is here Ii ting, but upon the con-
structiUn placed upon similar treaties by
courts of the United States: in other
words, that your Honors jurisdiction here
in this proceeding is to examine into the
question, pure ard simple, Of the GRIMM
atty OF the accused. If that shall appear
e. you to be established So as to make il
within your HOnor's belief there is proba-
bic cause that these crimes were COM
mitted, 1t is your duty then 20 certify that
Tact to the executive of the United States;
1t becomes then his duty and his RESPONSE
nliity 10 execute the treaty or not, not only
from the evidences in this case, but from
such other evidence as governments have
access TO and the means of obtaining"
Mr.. PiersOn then read the paragraph of
the treaty with San Salvador and several
opinions from Mr.. Secretary Fish. which,
he claimed, were to the effecs that crimes
committed in one of the contracting coun-
tries should, on hearings for extradition In
the other, be judged by the standard and
judicial usages OF that other. He
enumerated all the crimes extradita ble
under the treaty between the two coun-
tries, and Dointsd out that none of these
were political, rom which he held that
was sitting In tie case precuded the pos
sibil ty Of taking testimony as to political
crimes. His Honor was vested only with
the power to determine as to the crlm-
inaltv OF p'rSOns accused of crimes
enumerated in that treaty; and tbs
question as to whether these crimes are
political or not, under the treaty, is an ex-
ecutive question.
Alter the noon recess Mr.. Pierson took
ND the thread of his argument by sttIing
that he would discuss these crimes in the
political aspects, not that his Honor had
control OF that branch of the question, but
TO show that under no circumstances had
these crimes any political application
whatever. The question as to what cop-
stltuted crime OF political character was
underlined so far as counsel had been able
TO find by any of the courts of the country.
There was one case in an English court
and one only TO be found in the Oueen's
Bench Reports, known as the Castrione
case. Ii arose over dissatisfaction on tie
part of the people in one of the Swiss
cantons in September, 1890, with their
local Government. Tney arose. armed
themselves, captured one or two of the
Government officials and then made a
descent on the municipal palace. Couu.
ciior R0ssi. who was one of the defenders
OF the palace, was shot, presumably by
Castrione, In one of the corridors aftar
the mob had broken in. Castrione was
captured in England and committed for
extradition proceedings. His counsel sued
out writ for the production of his bod v