The herald., 1894-08-17
Fair Play for Salvadorean
Refugees.
They Will Not Be Extradited
Without Trial.
The q. s. Court Will Decide Their
Right to Liberty.
Local Representatives of San salvado or
ut San Francisco Sympathiss
With Ezsta and His
Comrades.
BY the Associated Prexs.

WASHINGTON, Aug. 16.-The depart
ment has finally decided that the Saliva.
dorean refugees now on the Benning ton,
lying beyond the three-mile limit off
San Francisco, shall have a full and
fair opportunity to come into court and
show. If they can, that they are not
subject to extradition. Orders have
been issued to Commander Thomas of
the Bennington, which were commune.
Gated to him by tug boat, to keep his
vessel beyond the three mile limit until
the extrsdition papers arrive at San
Francisco.
These orders were handed to the San
Salvadorean minister at 5 o'clock last
Sunday evening, and should reach San
Francisco tonight or tomorrow morning.
When they arrive the papers will be
placed in the hands of the United States
marshal.
The Bennington will steam to the
hsrbor and the refugees be taken into
custody and produced before the United
States court. They are General Ezeta,
late vice-president of San Salvador !;
General Catacheip, General Kolo-
mes and Lieutenant Colonel Cien-
fuegos, all of Ezeta's staff. Before the
court they will be represented by Con-
zales de Nuesado and Hon Horatio
Reubens of New York as counsel.
While their counsel may invoke writ
of habess corpus, it will be unnecessary,
as they will have their opportunity
when the refugees are brought before
the art, in pursuance OF extradition
proceeding. to show that the extradition
is sought on political grounds, and that
the offense charged against them is not
criminal in character.
The navy department has been in
formed by telegraph by Captain
Howison, commander of the Mare L.
land navy yard. that Lieutenant Stoney
boarded the U. s. S. Bennington last
evening and gave Captain Thomas, the
commander OF the vessel, his instruc-
tions from the navy department. rela-
tive to the disposition of the Salvadorean
refugees aboard his ship. The officials
of the department will not cay what
these instructions are, nor will they
afford any further information on the
subject. Without doubt, however, the
Bennington will remain beyond the
thrse.mile limit, and remain out
side of the jurisdiction of the
United States courts, until the extrad-
tion warrants reach San Francisco. AS
they were placed in the hands of the
SalvGdorean representative at 5 O'Clock
last Saturday, they should reach their
destination tonight. What will happen
after the arrival OF the documents can
not be learned. The service of the ex-
tradition papers on Ezeta wocld be
bar in itself to habeas corpus proceed
ings, but the refugees are at q practical
disadvantage, in the fact that extrsdi-
tion warrants may be served on Ezeta
on shipboard, inside or outside of the
three e-mile limit, while writ of habeas
corpus cannot be served at all outside of
the limit, nor can it be served
inside, if Captain Thomas refuses to
permit the officers to board his
ship. Although the department officials
refuse to discuss the subject, there is
reason to believe they have instructed
Captain Thomes to prevent anyone save
the Salvadorean government representa-
tives and navy people from boarding the
Bennington, and thus present the serv-
ing OF writ on Ezsta's behalf. In case
this policy were pursued to its logical
conclusion Ezeta would be arrested on
the high seas, turned over to the Saliva
dorean government, placed on another
vessel and sent back to Salvador without
even entering the judicial limits OF the
United States and without giving the
unfortunate fugitives the opportunity
after all of going before the courts and
showing the insufficiency OF the charges.