The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-08-25

! At this point Judge Morrow asked Mr..
Rubens if he was arguing The case or only
/ speaking upon the matter of a continu-
/ ance.
| The attorney assured the court that it
was upon the continuance, and proceeded
to tell how the general and his martial
! followers were detained until June G..
! They demanded to be landed at Acapulco.
and met with a refusal. Then they were
| detained outside the heads long time I'M
til the warrants could arrive from Wash
lngton ana be served. In Mr.. Rubens'
opinion the Government attorneys and
the others had had ample time TO prepare
the evidence IN the case. While the war
rants charged EZeta and the others with
crimes, the attorney maintained that they
were only political refugees. During the
/ time when these crimes are said to have
/ occurred General Ezeta, the doughty Bu-
! stsmente and the others were fighting in
! civil war. Their opponents then were
traitors and rebels. although now they are
recognized IS the Government. Under the
! third section of the treaty with San Sal
vador the defendants are entitled 10 a dis
! charge, as the treaty did not apply to
! those charged with political crimes.
! Mr.. Rubens then went on to say that
there were certain witnesses on the Ben
/ nihgton-Officers in Uncle Sans service
who could testify to the true facts 10 the
case and show that the defendants were
here against their will. They had been
invited on board the vessel and assured
that they would be protected. They would
| testify that EZeta and the others are DO
| litical refugees, and were looked upon as
4 nah yi,ar, fhnrr fol-
! ship. Under these circumstances it would
! be unfair to continue their cases and keep
! them in confin emeDt.
! Mr.. Person responded TO Attorney
| Rubens. He read an affidavit of the Sal
vador Consul to the effect that the accused
were before the court for the first time,
and that important dispositions sent by the
| Minister of Salvador 10 the Consul have
not yet been officially translated and cou id
| not yet be used in court. They are writ
ten in a language that is mixture OF
/ Spanish and SalvadoraD. and it will re-
/ quire two weeks TO have them properly
! translated There was also a question as
! TO the eeTtificat on Of the dispositions, and
! new ones proI arly certified to were now
/ on their way ere and would arrive on
/ September s. IN this account Mr. Pier
son thought the hearing had better go over
| until the 18th of September. The evidence
/ that is here now had been prepared Ia a
hurried manner. Whatever might be said
/ of the delay in the proceedings it re-
NAMED to be proven whether the Ben
ninRton was kept outside the heads on
account of waiting for the papers or
| whether il was on account of the disease
that was on board. The arrest was made
as promptly as it could have been.
! He then cited authorities to show that
| in similar cases continuance has always
been granted to give time to procure proper
| papers in the case. In the treaty it is
| stipulated that either nation may have
twenty-five or thirty days as matter of
right if the demanding nation desires to
get necessary dispositions. The defend
ants, he said, were charged with the most
heinous crimes known to human law.
While they may be ex-officers of the Gov
eminent, they are charged with the most
serious of crimes. AS criminals they are
to be treated, and not as political refugees.
II the crimes against them are proved they
must be extradited
Attorney Rubens said that il the only
objections were that the dispositions were
not properly coEiIHeu W lney might 90
ahead and have TRANSACTIONS of the deposit
tions as they are made. and leave open
the question of their legal value. stipu-
lation could be entered into whereby they
could be used, provided that the deposit
tions that arrive on the 9Th are the same
! with the exception of being properly
certified to.
Mr.. Pierson remarked that if tie others
were not the same the time of the court
would be wasted
Not at all" said Mr. Rubens. IF the
certified dispositions are defective we are
entitled to discharge. If they are in
proper form no time has been lost"
Judge Morrow here interposed and said
he did not care to try the case on a prob
lematical proposition. de did not think
that the application for a continuance was