Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1894-09-08
EZETA EXAMINATION
The Hearing at San Francisco
Before Judge Morrow,
THE COURT HAS JURISDICTION
The United States Marshal Showed That
the Arrest Came Within the Juris-
diction of the Court.

SAN FRANCISCO, Sept. 4.-Genera
Antonio Ezeta and his four fellow
refugees iron San Salvador were
brought into the United States court
this morning tor examination. Judge
Beatty sat with Judge Morrow. The
courtroom was crowded with Spanish
Americans. Among the throng were
many ladies. Counsel for the defense
raised the question of the courts uris-
dicton and urged that the testimony of
the officers of The gunboat Bennington
be taken i'm orGer that it might be
shown that tile prisoners had been
practically kidnapped into this country.
1t was urged that, while the prisoners
had asked and been granted temporary
protection on board the Bennington,
they mad subsequently demanded 10 be
permitted to leave the gunboat at La
Libertad and also at Acapulco, which
was refus d, and they had been forc-
bly, and unlawfully brought TO within
three leagues OF this city and there
helu, merely TO make pretense for eX-
tradition. Thus, it was claimed, the
prisoners were no. lawfully within the
Jurisdiction of the court. BY the Ben
nington's officers the defense hoped to
prove these facts. Ii necessary, the
prisoners lawyers declared they could
bring up the issue by suing out writs
and having the refugees taken before
another court. Having the right un-
der that method of procedure, they ar
gued that they ought certain y to have
the right to tine same defense under /
court proceedings.
Curt Has Iuri dicii II.
Judge Morrow did not hesitate to
pass upon the question Of his jurisdic-
ton. lie declared that the warrants
returned by the United States marshal
showed that the arrest could be made
within the jurisdiction of the court,
ana that lor the purposes Of the pres
ent proceeding the men were fully
within its jurisdiction. 1t would hardly
do, he said, far the court TO examine
into the conduct of the naval officers.
Even had the defendants been wrong
fully detained and brought into United
States territory OH the American man
of-war, that was n question for the
government at Washn ston to deal
with and not q question before the
court. However, Judge Morrow stated
That it might be within the authority ,,
OF the court 10 examine into the con-
ducC OF the Sennlngton's officers, and :
on that point he would reserve his de- ]
cision.
Wrangied Over Dispositions.
In answer to n question from the t
bench, Captain Thomas stated that the {
Bennington would remain at Mare !.
Island until the middle of October, !;
The taking of testimony on behalf of :,
the government of San Salvador was :,
then ordered to proceed. The offering
of several dispositions by residents OF
San Salvador resulted in many techni. =
cal objections OH the part of the de- :,
tense, and a series of long arguments !;
by the counsel. Nearly all afternoon :
was consumed IN wrangling over demo- :
sitlons, in which Ezeta and Juan Glen
tuegos are charged with the murder OF
Canas, tue teamster whom
they encountered during their flight to
the sea. Under the courts ruling. to
accept all of the dispositions, but to ap- Fl
ply the rules Of American courts 10 {
their contents, much of the testimony r,
was stricken out. One of the counsel II
for the prosecution naively remarked o
that should this rule obtain through b
out the proceedings, there would be W
very little of the documents left for hi o
lohor to report 10 the secretary OF V