The herald., 1894-09-06
A LACK OF EVIDENCE.
TRIAL OF THE SALVADOREAN
REF UGEES.
The Prossoution's stock of Dspositio ons
Soon Exhausted-A Motion to
Dismiss the Defendants
OveTruied.

SAN FRANCISCO, Sspt. 5.-The govern
ment OF San Salvador has exhausted its
stock of deponitione, and seems to have
no oral testimony to offer in the extra
djtion proceedings now pending in the
United States district court here against
Gen. Antonio Ezeta and his fellow refu-
gees. The depositions presented so far
have rot been entirely satisfactory to the
prosecution, inasmuch as great deal Of
the testimony has been stricken out
under the ruling OF the court that the
American law relating to the admissi-
bilty of evidence muHt obtain during the
proceedings.
The first deposition relates TO the kill
ing Of Thomas Canas, teamster whom
General Ezeta and Juan Cienfuegos en-
countered during their flight to the sea.
The second accuses General Cienfuegos
aud Manuel Cassin with shooting at
Andros Amaya, with whom Cassin was
at war. The third deposition ia in con-
nection with the forcible taking of 1854
from the international Bank of Salvador
and Nicaragua by General Ezeta. Then
came long accusation charging the ref
ugees with shooting Caesar Alfaro and
the hanging of Casino Henriquez, rev.
olutionists who had opposed Ezets's
cause. Other charges of burning houses
and shooting other persona were brought
out.
Very soon after the convening OF the
court this morning, counsel for the de-
tense announced that they had no fur
ther dispositions at hand.
DR.. Calderon, the local consul for San
Salvador, WAS sworn. He testified that
important documents intended as evil
dence against the accused had been
dispatched to him and would arrive on
the next steamer from Central America.
Upon this showing the prosecution
moved for continuance of the case.
Judge Morrow refused to grant con-
tinuance.
The defense then moved for dismiss
esl of the charges, asserting that suffi-
cient evidence TO hold the prisoners had
not been adduced. This motion, too,
was overruled.
The defense, after some delay. decided
to put in evidence to eubstantiste their
plea of lack OF jurisdiction of the United
States courts.
Commander Thomas, Of the gunboat
Bennington, was called to the stand. 1t
was the announced intention of the de-
tense to prove that the prisoners had
really been kidnapped into the country,
their demande TO be permitted to leave
the gunboat at La Libertad and Aca-
pulco having been refused. and that
they could not be considered within the
jurisdiction of the court, inasmuch as
they had been forcibly and illegally
landed upon American soil.
Commander Thomas testified briefly
as to the incidents of the rebellion in
San Salvador, but was prevented from
gees on board the Bennington.
Judge Morrow finally ruled that the
province Of the court WAS to consider the
prisoners within it's jurisdiction. aud
not to consider the means by which they
got there. In other words, the court &C.
cided not to go behind the returns of
the United States marshal. This means
that unless resort ia had to habeas
corpus proceedings in another court, the
prisoners will be tried on the merits of
the evidence presented against them by
the government of San Salvador.
Ezeta was called as witness in his
own behalf. He denied the charge that
he caused Henriques to be hanged, and
said that he did not know of his death
until informed of it by his officers.
Ezeta added, however, that he thought
Henriques had been well hanged. be-
csuae he was rebel. He said that he
killed Thomas Oancas in selfdefense,
and that the money taken from the
Bank of Nicaragua was merely borrowed
to pay his soldiers.
General Colcho was aleo examined,
bu there are no specific charges against
him.
The case went over until tomorrow.