The morning call., 1894-09-12
Had to Adjourn Court in the
Midst of Argument.
PART OF EVIDENCE REVIEWED
EZeta's Counsel Object to Putting in
Evidence the Alleged DEPOSIT
tion of Amaya.

making the opening argument for the
prosecution, fell fainting into a chair.
The interruption came almost with out
warning. For three-Quarters of an hour
Mr.. Mitchell had been summing up the
evidence for the holding of the prisoners
and had just opened one of the United
States Reports at the case of Coleman vs.
Tennessee, which the court had desired
reviewed. He slipped several swallows Of
icewater and once or twice put his hand to
his throat. which, he had complained in
the morning, bothered him. Suddenly, in
the midst of his argument, he stOpred, his
face grew pale and with beads of pers pira-
tion standing out on his forehead turned
TO his colleague. Mr.. Pierson, who was
writing at the desk by his side.
81 am very sick, Person." he was heard
to say, very sick. l think am going to
faint"
He fell heavily sideways, but was caught
by Mr.. Person and in a moment was
lowered 10 the nearest chair. breathing
stertorously. His collar was taken off,
the shirt loosened and his head bathed
mmediately with icewater. The advice
of one excited young man, who looked
suspiciously like police reporter on one
of the great daiies. was not necessary.
''Turn him on his back!" he cried turn
him on his backv There was great deal
of confusion, and several ladies, aid that
death was nigh, rose from their seats aud
hastily left the courtroom.
In IA short time Mr.. Mitchell took a turn
sli ghtly for the better, a doctor was sent
for, and, with the permission of the court.
the sick man was taken to an enteroom.
DR.. Wyman. U. S. n. was summoned
from his Office in the building, and in about
twenty minutes Mr.. Mitchell was suf-
ficienily recovered to be able t. walk.
The sore throat, of which he had CON-
planned at the opening of the morning ses-
sion, was the cause Of the sudden fainling
spell. at the noon recess he procured
some cocaine tablets, and at the time he
resumed his argument had consumed six
of them. They directly affected the heart,
and this, com bined with the fetid at nos
phere Of the poorly ventilated courtroom,
brought about the faintng spell. A small
dose OF nitroglycerine cOunteracted the
bad effects, but II is hardly likely that MT
Mitchell Will continue the argument this
morning.
When the court had finished listening to
the excuses of the venire of jurors yester-
day morning Mr.. Piersop. representing
the Salvadoran Government, stated that
in the matter of this plea as 10 jurisdiction,
and while he understood that there were
no rules Of practice in these proceedings
that are settled, he had deemed it perhaps
the more prudent course TO fiie a demurrer
to the plea and asked for ruling upon il.
The court ordered that the demurrer be
filed as of the date of the plea, and that, 10
accordance with his ruling on the question
of jurisdiction, the demurrer be sustained.
MIR. Mitchell then opened the argument
on behalf of the Government of San Sal
vador. He Tecited the desire of that Gov
eminent for the extrsdilion of EZeta and
his fellow-prisoners for the high crimes
and misdemeanOrs under the treaty against
the laws Of their country.
''We claim that the rule to guide your
Honor" he continued. upon an examn-
alton of this character, was laid down by
Chief Justice Marshall in the trial Of
Aaron Burr for treason. The Chief Jus
tice said: On an application of this kind
l certainly should not require that proof,
which would be necessary to convict the
person to be committed on the trial in
chief. Nor should l even require that
hblCu dOobiubSlt COuNluCc Hl1 OVID
mindof the guilt of the accused. But |
ought t. require and should require that
probable cause be shown; and / under
stand probable cause to be case made
out by proof. furnishing good reason to
believe that the crime alleged has been
committed by the person charged with
having committed it,
Mr.. Page remarked that counsel for the
prisoners fully admitted that such was the
rule. After quoting several authorities.
Mr.. Mitchell resumed his summing up of
the evidence in the case. He cited the
paper known as the deposition OF Andreas
Amsys. in which the deponent complains
that CieDfuegUs attempted to murder him.
THAT is not a deposition" said Mr..
Page. again rising to his feet. SIT is moth
ing but a statement of Amaya CT griev-
ance. We claim that nothing Is a deposit
tion and nothing is evidence in this case
except it is under oath. We objected to
the reading of these documents al the
time"
The court waved the objection aside
and Mr.. Mitchell talked till The noon re-
cess. He cited the admitted arrest of
Cisnfuegos for the crime, and stated that
the iestimony and the record failed TO
show that he had either served sent nee
for it or had been pardoned. Counsel
then waved eloquent in his denunciatiln IN
of Cienfuegos. he called him the willing
tool OF the Ezetas, ready at their beck and
call TO do any dirty work; as equally
willing to procure contraband whisky for
the thirsty Antonio as to whip out his
pistol to shoot and kill. Whenever Ezela
wanted an assassin Juan Cienfuegos
loomed up on the horizon, pistol 10 hand,
10 DO the bidding of his mastsr.
''As far as Cienfuegos is concerned" he
concluded just before the mon recess. 'It
is your Honor's duty to take the proper
steps to send him back to the country that.
am afraid, regrets his absence so mucb."
In support Of the charge against the
prisoners for the hanging Of four unknown
men in Pulgas ravine, Primavera, "at the
end OF May, at IL O'clock" Mr. Mitchell
read agsin The depositions of Leopoldo
MazO and Carmen Quintaros, and took in
connection herewith the testimony of
Bolanos and Bustamente. He passed on
TO the hanging of Casimiro Henriouez ON
June last. He said that. from the testi-
mony OF the prisoners, martial law was in
force on that date throughout Salvador.
but admitting that Was true and that a