The morning call., 1894-09-13

bic. They quoted Mil's definition OF
political crime: ANY offeDse committed
10 the course OF or furthering OF EVIL war
lnsurrect!On or political commOtion."
MOST eminent counsel were employed or
ooth sides, and the case was exhauslivell
argued. Castrione was finally held, Chlel
Justice Denman holding that poh lea
crime; as near as he could fix II, was IN
ciuded IN NILS definition, with the addt
.lon OF ihe words, ''aDd That II must nave
Deen done in furtherance OF the political
rising, lnsurrecton or civil war"
NOT one OF these crimes charged against
hzrVa ana his fellow prisoners were Deces
safS Tor the furtherance of the so-calleG
reoellon against his authority, and, being
not SO uone, they must have been the
mere acts OF his caprIciOus brutality no
necessary to his possession OF the field
tuas Ilme; then they were murder anC
fooOerv, and'nOt political 0ffenses.
Mr. Plerson then went Into discussion
OF martial law, or the law OF the state o1
siege, stat hg 1t to be the supreme vii O
tne Ommander-in chief. But he claimed
that when Ezeta descended on Santa Tacle
ana robbed The bank. and when flying fOl
Ieiuge 10 The Bennington with his army
uesefted he want My killed Canas, he
conlo not plead the workings OF martial
ltw In MS favor. The attempt 20 murder
Amaya was committed some four months
before marital law had been declared, and
was certainly not eXcusable on ;ha
ground. And as far as Casimiro Hen.
rlquez was concerned, martial law could
not Do USED to operate against him. de
was nOn-cOmbatani, aud the evidence
went to show tnat his head had oeen
gwen In capric. of EZeta's, TO crowd
OF drunken soldiers ana lewd women.
MI. rage on opening the argument on
OeGalI oi the prisoners stated that it would
be on three grounds. First, whether there
was sufhcient evidence before his Honor
TO authorize him TO commit the prisoners
on the ground that they were probably
guilty OF the offenses committed; second,
IL there Is such evidence, IS 1t true that
THESE oHenses were committed as acts oil
war In the maintenance OF government
anu In the suppression OF rebellion and
beyond the jurisdiction OF any civil
tribunal; third, should the acts OF violence
charged In the complaint, IL they were
committed at all, be looked upon as 20
lltIeal otfenSes as described in the treaty
lie held that if. as argued by Mr.. Pier
son, committing magistrate In cases oil
TINS klnd, did not recognize political Of
lenses at all, and that the eXecut We had
ihe sole judgment on that matter, 1t would
be taking from the Judiciary OF the United
states Tue one right of which IL was sup
posed always to be pOssesSed-ihe prOtec-
tion OF the liberty of the individual.
IN considering the evidence, c0ntln-
ued Mr.. Page, "tnere must be three ;hings
taken Into consideration: Under the
treaty all evidence must be such as Is al
mlsslble under our law; there must be
enough of il to warrant the holding of the
prisoners; the evidence must establish
crime as defined by our law, unless the
treaty self defines it,"
The treaty defines the crime of robbery
as the violent taking Of property. by
threats or violence, from the person Of an
other" 1t was not claimed by the evi-
dence that the robbery of the bank OF Ruiz
Y AmbrOsy Included the taking of money
from the person of either of the partners,
and counsel submitted, right al this point,
that in that Instance no case of robbery
had been made out.
Ihe purpose OF eXtIaditon, he said,
quoting Justice Lowell, is only TOR the re-
turn OF persons charged with the higher
crimes. ana the mere larceny, ii the en-
forcing of this loan could be termed such,
oil money from the bank was not d high
crime. Forced loans were common in the
Central and South American States-so
common, indeed, that the United States
expressly recognized them in reaties of
amlty With those countries, expressly con-
tracing with Salvador 10 exempt from the
operation of the extradTion treaty resi-
dents OF this country residing liz that.
AT this point the nearing was adjourned
TIL this morning at II CLOCK.