The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-09-23

| San Francisco, Sept. 2-Three of the
four San Salvador refugees who were
brought here on the United States ship
Remington and were arrested by the
federal authorities at the solicitation of
the government of San Salvador, are now
free men.
They are General Antonio Ezeta, Gen
eral Leon Balanos and Captain Major
Florencio Bustamente.
The fourth, Colonel Gienfuegos, will be
sent back to San Salvador to answer for
the crimes charged against him.
Such is the purport of the decision rem
dered by United States District Judge
| Morrow today. His decision is a long
one. and occupied more than an hour in
delivery.
Ezeta's administration, which began in
March, 1891. Prior to that Carlos Ezeta
had headed a revolution against the ex-
listing government, in which the president
was slain. The court then referred to
the revolution of this year, which began
April 18th and ended in the downfall of the
nected with the fight of the refugees.
The fugitiveS had been detained on board
the Bennington, owing to a demand made
for extradition, soon after the had
boarded the Bennington. The provisional
government was not recognized by this
government until August "a. The court
said the matter rested on whether there
was sufficient evidence of criminality to
justify him. as a committing magistrate,
in granting the demand for extradition.
He had proceeded under section $40 of the
revised statutes. He did not agree that
proof sufficient to convict would be nee
essary, but considered that the evidence
should be sufficient to convince a cautious
man of the guilt of the accused. The
proper place for trial was where the crime
had been committed; any other course of
procedure would entirely destroy the use
| - -f,.pI f~nr 6aC
views were in accordance with former
decisions in extradition cases.
The first case considered was that of
Cienfuegos, enlarged with attempt to
murder Andres Amaya in San Salvador.
The court held that as the act in ques-
ton had been committed about four
devoid of any political aspectf, and so
the court would hold him for extradt-
ton. In the opinion of the court no sutf1-
cient defense for Cienfuegos mad peen
made.
The second case was that of Balanos
and Bustamente, charged with hanging
four unknown persons IN Pr1mavera, on
May 20. The court held that the testf-
mony in this case was of a hearsay char
acter and could not be given any weight.
The testimony also was that military OPP
erationS were going on at that time.
The third case was that of all the de-
PENDANTS charged with having hanged
Casimiro Henriques. Henriques was
hanged as spy Of Of this tss o t5rsa Bo sae
guilty The robbery of the bank of San
Salvador, charged to Ezeta, was next
considered. The court considered the evil
dence of guilt preponderated, but like the
preceding case it would have TO be con-
sidered in it's political phase. AS to the
killing of CanaS on the road to La Lib
ertad. it was evident that a1zeta and
Cienfuegos had committed the act. The
more important side, the court said, was
the political phase of the case presented.
Except as to the assault committed by
Cienfuegos on Amaya, all the acts In
question had been committed during &C
tual hostilities 1t had not been decided
what constituted political crime. He be-
lieved that the three cases here under
consideration were political Representa-
tives of the South American states al
the Pan-American congress were quoted
to show that the character of robbery
here charged was common in Latin-Amer-
lcan revolutions There was no doubt,
the court said, that San Salvador was in
a state of siege during all the time after
! April 20, when the crimes, except Glen
fuegos' attack on Amaya, had been COM
mitted. A state of siege there CORES
bonded with martial law here. The
court did not believe that the overthrow
of the Ezeta government changed the ma
ture of the case. If this were true. the
! cases properly came under military
+, court which was always paramount
where 1t had Jurisdiction. Otherwise, the
crimes, except the assault by Cienfuegos,
] were of political nature. So the cou'S