The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-09-23

of not having taken part either for or
against the revolution, B0lanos ordered
Bustameute TO hang them. The witness
tn en- goes on to state what took place at
the hanging.
The accused deny that they had any
thing to do with the hanging of four men,
or any men or man, at the time and place
indicated and under the circumstances de-
tailed. They testify that battle took
place on that day; that there were some
of their soldiers killed and wounded, but
that they captured no prisoners. The
further fact that the identity Of the four
persons said to have been hung was not
established led the court to the conclusion
that the whole affair is involved 10 too
much uncertainty to warrant a commit
ment of the accused for the offeuse
charged.
The third charge is that against all the
fugitives for the murder of Casimiro Hen
riQuez on June 8, 1894, at the plaza of the
village OF Coatepeque. Jacinto Colocho
having been discharged for want of suffi-
Gent evidence to connect him with this
offense, his relation TO the case was not
con sidered. The court stated that it ap-
peared from the deposition of ADolonio
HenriQueZ that General Emilio Avelar. an
officer under General Ezeta, came to the
deponents house and took his son away a
prisoner. lie was afterward turned over
to an angry mob by General Ezeta's orders
and hanged in a public square on a cha. ge
of Eeing a spy.
The defendants all testified that they had
nothing whatever to do with the hanging
of CasimirO HenriqueZ and that they did
not even witness the occurrence. 1t is not
claimed that Antonio EZeta was present
ii is connection with the alleged murder
was in giving the order to execute Hen
riqueZ and turning him over to the soldiers
aud women that they might accomplish
that design.
The court carefully reviews all the de-
tails as testified TO by witnesses on the
oh arge. and concludes by giving it as his
opinion that the evidence is not sufficient
to hold the prisoners.
Judge Morrow then devoted great por-
ton Of his decision to minute considera-
ton of the charge against Antonio Ezeta
for the robbery of the International Bank
of Salvador and Nicaragua in the city of
San Tecla, June 5, 1894. In his opinion he
was convinced so far as the offeDse itself
was concerned, considered without refer
ence to any political aspect of The act, the
evidence of criminality preponderates and
warranted him believing the defendant
guilty. But the political aspect again cGt
an important figure in this charge, as was
seen later.
The last accusation con sidersd was that
against Antonio EZeta and Juan Glen
fuegos for the murder of Thomas Canas
on June 6. 1894. The facts as severally
testified to, the court said, sho wed that
EZeta and Cienfuegos encountered Colonel
Canas on a road near La Libertad and
after the latter had spoken few angry
words reyolvers were drawn and several
shots were fired. Cienfuegos, it is shown,
fired three of them and the body of Cauas
was afterward found dead on the road.
The court again gave it as his opinion
that the deed, considered as a common
crime, was sufficient 10 furnish proba BILE
cause. In passing on the entire matter in
conclusion. however, the court said:
ut is claimed by counsel for the de-
PENDANTS that, with the exception
of the charge against Juan CieD-
fuegos for the attempt to murder Amaya,
all the acts charged against the defend
ants in these several complaints were
committed during the progress of &C ual
hosIllities, in which the accused were en-
gagged as military officers under the Gov
eminent, acting against revolutionary
forces 10 the field, and that therefore the
crimes were of political character and
under the treaty not subject to extradi-
ton. Counsel for the present Government