The morning call., 1894-09-05

denied the right TO seek asylum, denied
the right to land in Mexico, brought to
within nearly three miles of the limits of
the United States and there held for ten
days, the right of habeas corpus in this
case being suspended by the United
States, in order TO have these men ar
rested whenever the warrants should
arrive"
I'VE simply say that as matter of de-
feDse," said Mr.. PiersoB, "as much as
anything else in the case. We have pro-
ceeded regularly here; the complaints
have been filed, all objections to which
have been waived and we are here ready
to proceed"
There is one other thing" replied Mr..
Page. (which might be a test: we would be
entitled under the law to sue out a writ of
habeas corpus based solely on that
matter and to have that matter
writ OF habeas corpus. We insist that the
United States shall esta blish its right to
hear them"
This hearing" said Mr.. Mitchell, sis
simply to ascertain If there is probable
cause for the trial Of the offense with
which they are charged in the court Of
Salvador. And the trial of these de-
fendants, If extradited to San Salvador,
would be hedged in by all OF the safe
guards by which any man on trial would
be hedged 10 by the courts of any other
country. In the matter of the plea in
abatement 1t is fair TO presume the Saliva
doran courts would give it the same fair
construction as the courts of any other
land"
ut is just for the reason" interposed
Mr.. Rubens, that this is not a trial, but
preliminary hearing. that your Honor is
not bound 10 pursue any such course"
And" said Mr.. Page, continuing the
line OF argument opened by his colleague,
'as fer the statement that this plea in
abatement could be raised in San Salvador
as we'll as here, once you are within the
jurisdiction of the country against whose
laws The crime has been committed you
cannot raise the question as to how you
came into that country. But the case
stands differently now. We are not on
trial for any crime against the laws of the
United States. The question to be deter
mined is simply whether we are found
here under the meaning of the treaty."
'The United States has committed the
crime. They cannot bring man into the
Jurisdiction of the court" said Mr.
Rubens.
Judge Morrow took a look at a COPY of
the treaty between San Salvador and the
United States and. after reading the first
paragraph, said:
"As the court indicated, / was of the
impression, from the cases men toned. tina
the return of the Marshal indicating tina:
these persons had been found within the
territory OF the United States was sufi-
Gent. But II it be claimed that there is
another and further question, namely, the
action OF the officers of the Bennington in
bringing these persons from that country
to this, the answer 10 that would be that
that would raise political question which
is exclusively in the control OF the eXecu-
i tive power. My duty in these eases is to
| determine, one way OF another. whether
| these persons have committed an offense,
| md hA . L.. 4
! Salvador. These facts being certified to
by the executive department, it would
then be in the province of that depart
ment whether or not its conduct in bring
| ing these parties TO this country was a
| matter for its consideration or not. II
would be uselesSfor this court to examine
| into the conduct of the naval officers"
1--WE have the officers here in the room
ana can take their testimony now" said
! Mr.. Page. he then offered to introduce
their testimony to bear on the points be
had stated. Judge Morrow stated that he
thought 1t best 10 hear first what testimony
| might be offered on the part of the Gov
eminent of San Salvador and then he
would probably hear evidence on the
question OF jurisdiction. Mr.. Page was
not so sure that the naval officers could be
! present, but in answer to a question by
Judge Morrow Commander Thomas said
he could be on hand almost any time he
was needed. Judge Morrow then notified
counsel for San Salvador TO proceed with
their case.
Mr.. Pierson read a stipulation entered
into between the parties, which waived
all objections as TO the matter of certifica.
ton to the dispositions about 10 be sub.
| mitted.
I'VE now offer in evidence, your Honor"
he continued. zone of the papers referred
to- 1t is annexo No. /, and the official
| translation thereto made by the court OF
first instance in San Salvador, and we will
ask to have it admitted and marked as
exhibit No. l."
Attorney Rubens objected to the intro
duction of he document on the ground
that they knew not its contents. He wa:
given copy of it, and Attorney Piersor
| proceeded to its reading.
1t was the record relative to the crimi
nal proceedings against Antonio Ezetl
and Juan Cienfuegos for the murder Of
Colonel Tomas Canas before Lisaudrt
Cevalles. 1t stated that at O'Clock p NJ
of June last, having information that OIL
the morning previous Tomas Canas wa