The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-09-24

SAx FRAscIsco, Sept AIN the Eseta
case the coars. after recitng the gov
eminent OF Saivador's demand for the
refugees. went into the history Of TIE s5-
rninistrafion, which began in March, fsel.
Prior 20 that time Carlos EEeta had head
Ell revolution against the existing gov
eminent, IN which the president rs siaia.
The court then referred 10 the revolution
OF this year. which began April - and
ended in The downfall OF the EzeiA govern
naent. ana the incidents connected with
ths fight of the refugees. The fugitives
had been detained on board the Benning-
ton. owing 10 demand made for
their extra3i,ion soon after they
had boarded the bennington The
provisional government Was not
recognized by this government until
August II. This court said the matter
rested on whether there Vas sufficient
evidence OF erlminsiisy TO justify him. as
committing magistrate. in gran ting the
demand for exsradiiion. lie had pro-
ceeded under section 5.270 of the Revised
Statutes. He dad not agree that proof
sufficient TO convict would be necessary.
but considered that the evidence should
be sufficient TO convince a cautious man
OF the guilt of the accused. The proper
place for trial was where the crime had
been committed. Any other course of
procedure would entirely destroy the use
fusness of extradition treaties. These
views were in accordance with former de-
cisions in extradiiion cases.
The first case considered Was that of
Cienfaegos, charged with al attempt TO
murder Andres Amaya in San Salvador.
The court held that as the act In question
had been committed about four months
before the revolution it was devoid Of any
political aspect. and 50 the court would
hold him for extradition. In the opinion
of the court not sufficient cause for Glen
fuegos' action had been made. The sec
ond case was that of Balanos and Busta-
| msnte. charged with hanging four
unknown persons In Primavers on May
-. The court held that the testimony in
this case was of hearsay char
acier and could not be given
any weight. The testimony also
was that military operations were
going on at that time. The third case was
that of all the defendants, charged with
having hanged CasimIro Henrigues. Hen
riques was hanged as spy. OF this Of
Tense Baianos was innocent and the other
three were guilty. The robbery OF the
bank of San Salvador, charged 70 Ezets,
was next considered. The court eonsid-
cred the evidence of guilt preponderated,
but, like the preceding case, il would have
to be considered in its political phase. As
TO the killing OF Canas on the road TO
La Libertsd, 1t was evident that Ezeta
and Cienfuegos had committed the act.
The more important side. the court
said, was the political phase of
the cases presented. Except as TO
the assault committed by cienfuegos
on Amsva, all the acts in question had
been committed during actual hostilities.
IL had not been decided what constituted
political crime. lie believed that three
of the cases under consideration here were
political. Representatives of the South
American states st the an-American con-
gress were quoted to show That the char
acter of the robbery here charged YVES COM
mon In Latin American revolutions. There
was no doubt, the court said. that San Sal
vador was in a state of siege during all the
time after April %, when the crimes, ex-
cept Cienfuegos' attack on Amaya bad been
committed. A state of siege there cor
responded with martial law here. The
court did not believe that the overthrow
OF the Ezeta government changed the
nature of the case. II this were true, the
cases properly came under military
court, which was always paramount where
it had Jurisdiction. Otherwise the crimes,
except the assault bv Cienfuegos, were of
political nature. So the court orders
all the defendants except Cienfnegos TO be
discharged. The courts announcement
wa, received with applause. Cienfusgos
was remanded TO the custody of the
United States marshal. to await the
action of the president
Ezeta is very bitter towards the San Sal
yadoreans, and has outlined . campaign
against them which be viii embark upon
as soon 40 possible. He will 60 fret to
WASHINGTON City. where he viii work In
behalf of Cienfuegos, and then he will
ioin his brother Carlos In Paris. Then be
will go to Mexico, meet bis fsllow-refugees
Coloche. Busiamsnte and Balanos. and
organize an army for the invasion of San
Salvador. Ezvsa's friends say that in
about year some Of the present officials
OF San Salvador will be fighting extradi-
ton proceedings here against the Ezsta
government
New Interpretations