The morning call., 1894-09-05

on behalf of the persons here sought 10 be
extradited."
He then read and filed with the clerk the
following. which clearly outlines the line
of defense:
"The said Ezeta, Bolanos, Colocho,
Cienfue COS and Bustamente were not, II or
was any of them at the time of their ar
rest in this matter, fugitives from the
justice of the said republic of Salvador TO
the territory of the United States within
the meaning of the said treaty or of the
laws of the United States.
THAT the said EZeta, Bolanos, Colocho,
Cienfuegos and Bastamente were not, nor
was any of them, at the time of their said
arrest seeking asylum or found in the ter
ritory of the United States within the mean
ing of said treaty or said laws.
THAT each of the said persons so ar
rested was brought into the territory of
the United States against mis- will and
without warrant of law by the United
States Government and in violation of the
constitution and laws of the United States
and of the rights of said persons there
under and under such treaty.
That by reason of said facts the arrest
of the said EZeta, BolanOs, Colocho. Glen
fuegos and Bastamente was without
authority Of law and void, and the war
rant issued by your Honor TO the Marshal
of this district was made unproyidenty
and without jurisdiction in the premises.
Wherefore, the said EZeta, BoIanos,
Colocho. CienfuegOs and Bustamente pray
that said warrants of arrest be set aside,
and that they be discharged.
I'VE ask to be allowed" continued Mr..
Page, "to file this exception and that we
proceed first to ascertain whether this
court has acquired jurisdiction of these
persons to extradite them from here to
San Salvador We have the officers of the
.
here, whose testimony will not be contra
dicted, after which the question of law
will arise and be determined"
Attorney PiertOn thought that that quAs-
| ton did not enter at all; and, 10 response
to a question of the court, be said he knew
by the return of the Marshal in this pro-
ceeding that these persons had been found
in this country.
Mr.. Page stated he did not think the re-
turn OF the Marshal would show whether
or not the prisoners were fugtives from
justice seeking an asylum In the country
and that that was just what he wanted 20
show by the testimony of the officers OF
the Bennington.
1--WE will not 20 around the return OF the
Marshal" said the Judge.
IL do not know, your Honor" said MI
! Page, ''of any case of that kind ever hav.
ing been decided in the United States"
There are hundreds of cases. Mr.
I rage sdiu upon THESE QQ6S-
tiOns. The courts have held that they
will not inquire as TO how they obtain
possession of the defendant in order to
obtain jurisdiction. Both questions were
! before the courts in the case OF Rauscher
119 United States. and also in the case oil
Kerr. The Supreme Court held that il
was not trying a person in this country fol-
an Offense for which he was not extradit
able, and they would not inquire as Il
how the court obtained possession Of the
defendant. In the case of Kerr, kid
mapped in Peru. brought to this country
and taken to the State of Illinois, ht
brought suit against the people and it wa,
| there determined that the court would no
inquire as to how it gained possession o.
Kerr. As l understand the law deter
mined By these cases. setting forth differ
ent phases of the same question, il is Gha
the court will nOtinQuire as 10 how the per
son was brought TO the United States
| Now then, do / understand that you de
sire to discuss that feature of the law?"
Yes, sir, answered Mr.. Page. IL want
to call your Honor's attention to a few
| facts which your Honor has apparently
overlooked. In the Kerr case the question
was whether a man being In the Stat,
where he was TO be put on trial could b
heard to complain OF the method by which
he was brought In.
Mr.. Page here read an extract from tn,
decision and then continued:
''ln other words" he said, "the Su
preme Court of the United States say
that if this man Kerr mad applied in Cali
fornia, where be first touched upon beinj
brought into this country, TO court o