The morning call., 1894-09-14
DEMANDS OF WAR.
Napoleon Is Now i'm the
EZeta Case.
WITH WELLINGTON CLOSE BY
Historic Precedents Quoted by
Mr.. Page.
WITH WELLINGTON CLOSE BY
ARGUING FOR THE FUG:TIvEs.
Some of the Aspects of the Grimes
Charged as Viewed Under
Military Law.

| Shades of the departed Cesar, the mete-
orc Napoleon, Wellington in boots, the
truthful Washington and the tenacious
Grant paraded the boards in the Ezeta
| hearing yesterday. Thrilling descriptions
of battles, from the conquest of all Gaul
| to the historic repulses at Cold Harbor.
were glowingly set forth to emphasize the
peculiarities of military law; and all the
| famous butcheries, from the massacre of
| the Mamelukes after Jaffa to the playful
chargings of Stonewall Jackson, were
| arrayed in testimony of the cruel necessi-
ties of war. International law was as
thick in the air as Vallombrosa leaves. 1t
exuded from the pores and gushed from
the lips of eminent counsel to find lodg-
ment in the ears of the bench, the bar and
the crowd OF spectators.
MIR. Page, for the refugees, continued
| his preSeD ia ton of their side of the cause
in a way that won id lead one to scout
at the long accepted idea that the law is
musty and that legal arguments are mere
| dry rot. During all the day, from the
| beginning 10 the end Of the testimony, he
proceeded over and over again, as he
viewed 1t from the different aspects of mill
tary, International, common and political
law. LOng-forgot tten decisions were taken
! from the shelves to ilumipe the way to a
clearer understanding, and, If the argu-
meDt had nothing more tnau clearness to
recommend it. it would have been inter
esting at that.
Even the prisoners, entirely In the dark
as they were to the sentences as they
| rolled from the lips OF Their defender, not
knowing the language, were bright and
smiling al! ths day, certai1 from the ac-
tiOn of their counsel that some telling
strokes had been delivered. The court
| room was we'll filled as usual, in many in
stances with those who had held seats
| from lie beginning Of the hearing, and not
yawn, not an impatient movement, was
noticeable during the day.
! When court convened Mr.. Page resumed
! his argument with the reiteraIion that his
| Honor, sitting as committing magistrate
and not the executive of the nation, was
| the one to determine whether or not the
| crimes charged were of a political charac-
/ ter. Proceeding then t. the dispositions
| introduced on behalf of Salvador he dis
| counted the value of testimony given by
aggrieved persons. He cited the matter o +
/ the case of Joseph Smith, the founder of
| Norm 0nism, in which the State of Illinois
| sought to have him extradited from Mis-
| souri, for crimes alleged to have been com
miited in NauvoO. The testimony intro
| duced in great part in this case on the
| part OF the Government of Salvador was of
|
| fects. He had never earned that evidence
| which would be sufficient to justify the is
suance OIL warrant was SUFFICIENT 10 grant
| eXtradtion.
In the complaint against Cienfuegos for
an attempt TO murder Andreas Amaya, he
! pointed out that the prisoner had been
brought TO trial for the offense and ac-
| quilted. afterward serving in a position
under the Government. The conditions.
too, In Salvador were different from those
obtaining 6ere. There the army was
| everything, the people nothing. In this
country the people were supreme. Right
at this point too, he called the attention
| OF his Honor to the probable reception
which would be given the prisoners were
they returned to Salvador. They were
not wanted for trial for the commission of
the crimes charged. Their enemies merely
wished TO get them into their clutches to
wreak upon them their vengeance. These
were the conditions in Salvador at the
present time.
Speaking of the robbery of the agency
OF The bank at Santa Tacle, Mr.. Page con-
! tended that the evidence was not only
| faulty and insufficient, but, under the
| treaty, the crime. ii it was one, was GER
! tainly not robbery. The same in regard
TO Inc testimony on the charge against
| Boianos and Bustamente for the hanSing
| OF four unknown persons in the Puigas
ravine toward the end of May at IL
o'clock"
There is no Judge in the United States"
SAID MI. Page. whose heart can be SO
Sleeleo to what he knows exists that he
woult commit these men to instant death,
| II II were IN his power so to do, upon the
statement of man-God knows what he
| is or where he came from, or under what
| Impulse he gave this testimony. He says
/ General B0lanOS ordered these men to be
| hanged, and that General Ezeta ordered
| General BnlaDOs to see that they were
| hanged; tAat they rame from the volcano
disnict. Is your Honor going to remaud
these men as guilty of crimes when the
| Government of Salvador, with all its DOW
ers at hand, is unabe or unwilling to trace
| these men upon whom this summary exc
| cution was caused? Is that sufficient evi-
| dence. within the meaning of the statute
| and the treaty, to cause your Honor to ar
| rive at the decision that an extraditable
| crime has been committed ? 1t seems i'm
| possible.
'And yet your Honor will find all
through these depostiOus evidence of this
kind. Men may be picked up on the
street; they may be given % cents to go
before Justice In Salvador aud sign their
names to a statement that has already
been written for them; they may be
| brough. from the corner of another street
and told to say tits thing or thai, or suffer.
Mini from the jail. and. for all we
| know 1t may be. have signed these papers,"
| In most instances. said Mr.. Page, The
| witnesses have been taken from the low
est walks in life, anu, III Salvador, that
means the ignorant and the downtrodden.
The dispositions themselves had intrinsic
| indications of being manufactured. Take
| the one of Carmen Quintaros, upon which
the prosecution relies to zorro borate
MaZo's story OF the hanging, and she states
that she knew of the affair from its pub
| licity in the canton.
He pointed out the contradictions in
the testimony of deponents as TO the find
ing OF the BODY OF Canas and then went
on 10 point out what he called his ;reach-
| erous desertiOn of his post in the hOur of
! danger. 1t was the duty man owed %
| his country to Kill such a traitor quickly.
| At the reconvening of court after rece So
| Mr.. Page pointed out the very short Ii me
in which the Incidents leading up to and
the actual shooting of Canas took place.
| The hanging ot HenriQueZ, taking IN q
evidence submitted by the SaIyadoran
Government for IL, showed that il was mar
fectiy just. Ezeta, as general-in-chief of
the army of the republic, with esses de-
posed, believed that Henriquez was snv
and had him executed AS such.
he then supposed that the tsstimonv
submitted in al the cases made ont sncb
ones that his Honor might thin extradita-
Die. Inc next question, he said, which
would arise was whether tnese acts were
done under military law. He thought this
| was tremendous question in Ihis case
| After the 29.n cf April. when tha Gnxern.