The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1894-09-08
EZETA EXAMINATION
The Hearing at San Francisco
Before Judge Morrow.
THE COURT HAS JURISDICTION
The United States Marshal Showed That
tho Arrest Came Within the Juris-
diction of the Court.

SAN FRANCISCO. Sept. 4.-General
Antonio Ezeta aud his four fellow
refugees from San Salvador were
brought into the United States court
this morning for examination. Judge
Beatty sat with Judge Morrow. The
courtroom was crowde with Spanish.
Americans. Among the throng were
many ladies. Counsel for the defense
raised the question of the courts juris'
diction and urged that the testimony of
the officers of the gun boat Ben nington
be taken In order that 1t might be
shown that the prisoners had been
practically kidnapped into this country.
It was urged that, while the prisoners
had asked and been granted temporary
protection on board the Bennington,
they had subsequently demanded 10 be
permitted to leave the gunboat at La
Libertad and also at Acapulco, which
was refused, and they had been forci-
lily and unlawfully brought 10 within
three leagues of this city and there
held, merely to make pretense for ex-
tradition. Thus. 1t was claimed, the
prisoners were not lawfully within the
jurisdiction of the court. BY the Ben
nington's officers the defense hoped to
prove these facts. If necessary, the
prisoners lawyers declared they could
bring up the issue by suing out writs
and having the refugees taken before
another court. Having the right un-
der that method of procedure, they ar
gued that they ought certainly to have
the right to the same defense under
court proceedings.
Court Has Jurisdicti,n.
Judge Morrow did not hesitate to
pass upon the question of his jurisdic-
ton. He declared that the warrants
returned by the United States marshal
showed that the arrest could be made
within the jurisdiction of the court,
aud that for the purposes of the pres
ent proceeding the men were fully
within its jurisdiction. 1t would hardly
do, he said, for the court to examine
into the conduct of the naval officers.
Even had the defendants been wrong
fully detained and brought into United
States territory OH the American man.
of-war, that was a question for the
government at Washington to deal
with and not q question before the
court. However, Judge Morrow stated
that it might be within the authority
of the court to examine into the con-
duct of the Bennington's officers, and
on that point he would reserve his de.
cision.
WrangIed Over Dep osItions.
In answer to a question from the
bench, Captain Thomas stated that the
Bennington would remain at Mare
Island until the middle of October.
The taking of testimony on behalf of
the government of San Salvador was
then ordered to proceed. The offering
of several dispositions by residents OF
San Salvador resulted in many techni-
cal objections on the part of the de-
Tense, and series of long arguments
by the counsel. Nearly all afternoon
was consumed i'll wrangling over depo-
sitions. in which Ezeta and Juan Glen
fuegos are charged with the murder OF
Thomas Canas, the teamster whom
they encountered during their flight to
the sea. Under the courts ruling, to
accept all of the dispositions, but to ap.
ply the rules Of American courts TO
their contents, mucl, of the testimony
was stricken out. One of the counsel
for the prosecution naively remarked
that should this rule obtain through
out the proceedings, there would be
very little OF the documents left for his
honor to report to the secretary Of
stOt0