The morning call., 1894-09-06

ing by Messrs. Page and Rubeus. of coun-
sci for the refugees, for the discharge of
General CoIocho entirely, on the ground
that no evidence whatever had been pro-
duced against him, and for the discharge
of Ezeta on the charge Of robbery. Judge
Morrow took the first motion under ad-
visement and suggested that the second he
not pushed at the time. for the reason The
cases could be more eXpedttlously finished
ifit was not. The suggestion was accepted.
The courtroom was filled all day, and
despite the length of argument the pro-
ceedings were interesting. The testimony
will pro badly be all in this afternoon.
Estorjio Calderou, Consul for the repub-
lie of Salvador at this port, was placed on
the stand Immediately upon the opening
of court and identified kilograms from
CastajanOs and CaliXto GuZman authoriZ-
ing him to swear to the com plants against
EZeta and his companions for the purpose
of extradiuon. Attorneys for EZeta had
no questions to ask.
Mr. PieTson then informed the court
that he had been advised that a certain lot
nf evidence would arrive from San Saliva
dor either Saturday or Sunday neXt, and
he would ask that they be allowed TO in
trOduce it at some day to be named after
that He bad no objection to counsel for
Ezeta proceeding with the taking OF testi-
mony on behalf of their clients at once.
but only asked the privilege of introduc-
ing the expected testimony when it ar
rived.
MIR. Page insisted that the prosecution,
in view of the fact that 1t had so hOtly
contested his application for the introduc-
ton OF testimony on the matter of juris-
dictioU, had no claims 10 any clemency
from his side. and he urged that they be
compelled to introduce what testimony
they had at once.
Mr., Pierson then asked that the hearing
be postponed until some day next week to
allow them to Introduce this testimony.
He frankly stated that he knew not what
IL was.
I'VE ask" said Mr.. Page, after Judge
Morrow bad refused 10 grant the eontinu-
ance, that so far as General Colocho is
concerned he be at once discharged. There
is not one particle of evidence Involving
him in any charge, directly or indirectly /"
In reply to a question from Judge Nor
row as TO whether or not he wished to dis
cuss that matter at once, or postpone it,.
Mr.. Page said there was nothing TO dis
cuss. He asked the gentlemen on the
other side to point out, If they could, any
evidence at all against Cooch0.
THAT involves the examination" said
Mr. Person. ''of all the dispositions intro
duced the day BEFORE" which he was then
not ready to make. he insisted, however.
that General C0locho was mentioned in
the depoSitlonS. AS TO the charges against
him ne was not ready to state at that Time.
Il will take that question under advise
ment," said Judge Morrow. MY present
IMPRESSION is that his name is not con-
nected with any case before the court"
"He is only charged in the HenriQuez
case" said Mr.. Page, but in the tesri-
mony he is not mentioned even as wit
ness"
After some desutory remarks Judge
Morrow announced his adherence to his
original determination to take the case
under advisement.
Next came an application for the dis
charge of Antonio EZeta on the charge OF
the robbery of the agency OF the Intern a.
tionai Bank of Salvador and Nicaragua.
"We move. your Honor" said Mr..
Rubens, "for the discharge of Antonio
EZeta on the charge of robbery, because
there is no crime of robbery as defined by
the treaty. The evidence of the witnesses
whose dispositions were taken goes to
sbOw that he wasn't even present al the
lime of the taking of the money. Rob-
berv, under the treaty, Is the taking OF
money from the person Of another by
force and violence"
Mr.. Pierson objected 10 any such pro-
ceedings, while Judge Morrow, not pro-
nouneipg any opinion on the matter. sug-
gested that the cases could bs more
sYnealtiously disposed of If the attorneys
wopld proceed with the evidence rather
than To discuss the motion at this time.
Mr.. Rubens said he would accept the
courts suggestion.
Captain Charles Thomas, commander
of the United States steamer Bennington,
in which vessel the prisoners were brought
to San Francisco, was placed upon the