The herald., 1894-09-05
REFUGEES ON. TRIAL,
EZETA AND HIS COMPANEROS IN
COURT.
Judge Morrow Decides That He Has
Jurlsdiction 0vsr tho Extradltion
Casos-Taking of Testi-
mony Begun.

SAN FRANCISCO, Sept. 4.-Gen. Anto-
nio Ezeta and his four fellow refugees
from San Salvador were brought into
the United States district court today
for examination. Judge Beatty sat with
Judge Morrow. The court room was
crowded with Spanish Americans.
Among the throng were many ladies'.
Counsel for the defense at once raised
the question OF the courts jurisdiction,
and urged that the testimony of the of
ficers OF the gunboat Bennington be
taken in order that it may be shown
that the prisoners had been practically
kidnapped into this country. 1t was ar
gued that while the prisoners had asked
and been granted temporary protection
aboard the Bennington, they had subse-
quently dems nded to be permitted to
leave the gunboat at La Libertsd and
also at Acapulco. and, these demands
having been refused, they had forcibly
and unlawfully been brought to within
three leagues of this city and there held
merely to make the present case for Q x
tradition. Thus, it was claimed, the
prisoners were not lawfully within
the jurisdictio on of the court.
By the Ben nineton's officers the
defense hoped to prove these facts.
If necessary, the prisoners lawyers de-
clared, they could bring up the issue by
suing out writs of habeas corpus and
having the refugees taken before an
other court. Having the right under
the method of procedure, they argued
that they ought certainly to have the
right to the same defense under direct
proceedings.
Judge Morrow did not hesitate to pass
upon the question of his Jurisdiction.
He declared that the warrants returned
by the United States marshal showed
that the arrests had been made within
the Jurisdiction of the court, and for the
purpose OF the present proceeding the
men were fully within his jurisdiction.
I. would hardly do, ne said. for the court
to examine into the conduct OF naval
officers. Even had the defendants been
wrongfnlly detained and brought into
United States territory on an American
man-of-war, that was O question tor tho
government at Washington to deal with,
and not the question before the court.
However, Judge Morrow stated that 1t
might be within thu authority OF the
court to examine into the conduct OF the
Bennington's otficere, and on that point
he would reserve his decision.
In answer to question from the
bench, Captain Thomas stated that the
Bennington would remain ct Mare
island until the middle Of October.
The taking of testimony IN behalf OF
the 90, ernment OF San Salvador was
then ordert 10 proceed. The Offering of
several de positions by residents OF S, n
Salvador resulted in many technical OBJ
jsctions on the part of the defense and a
ssries of long arguments by counsel.
Nearly all the afternoon was consumed
in wranglipg over deposition III which
Ezeta and Juan Cienfuegos are charged
with the murder of Thomas Canas, a
teamster HON they encountered during
their flight to the sea.
Under the courts ruling to accept all
the dispositions, but to apply the rules of
American courts to their contents, this
testimony WIS stricken ont.
One OF ths counsel for the prosecution
neively remarked that should this rule
obtais throughout the proceedings there
would be very little of the documents
left for his honor TO ropoft 70 the socre-
tary OF etate.