The herald., 1894-09-23
EzETA NOT EXTRAD|TED,
Judge Morrow Renders His
Decision.
Three Refugees Regain Their
Liberty.
Only One Will Be Returned to San
Salvador.
Juan Cienfuexes IL tho Unfortunate Pris-
oner-Ths Others' OGenses Wers
Purely PolitioaI-Ezsta's
Programms.
By the Associated Press.

the four San Salvadorian refugees who
were brought here on the United Statss
steamer Bennington and were arrested
by the federal authorities at the solicits.
tion OF the government OF San Salvador,
are now free men. They are General
Antonio Ezets, Gen. Leon, Balanos and
Captain Major Florencio Bustamente.
The fourth, Colonel Cienfuegos, will
be sent back to San Salvador to answer
for the crimes charged against him..
Such is the purport OF the decision
rendered by United States District
Judge Morrow todsy. His decision is
long one and occupied moro than an
hour in delivery.
The court, after reciting the request OF
the government of San Salvador for the
refugees. went into the history OF the
Ezeta administration. which began in
March, 1891. Prior to that Charles
Ezeta had headed revolution against
the existing government, in which the
president was slain. The court then re-
ferred to the revolution OF this year,
which began April Goth and ended in
the downfall of the Ezeta government.
and the incidents connected with the
flight OF the refugees. The fugitives had
been detained on board the Bennington,
owing to a demand made for extradition
soon after they had boarded the Ben
nington. The provisional governments
wss not recognized by this government
until August Oath.
The court said the matter rested on
whether there was sufficient evidence of
criminslity to justify him, as q commit
ting magistrate, in granting the demand
He did not agree that proof sufficient to
convict would be necessary. bat copsid-
cred that the evidence should be suti-
clent to convince cautious man of the
guilt OF the accused. The proper place
Tor trial was where the crime had been
committed. Any other course of pro.
cedure would entirely destroy the use
fulness OF extradition treaties. These
views were In accordance with former
decisions in extradition caesr,
The fret case considered was that of
Cienfuegos, charged with attempt TO
murder Andres Amaya in San Salvador
The court held that. as the act in oues.
tion had been committed about fonr
months before the revolution. il was
devoid o. any political aspect, and 40 the |
court would hold him for extradition. |
In the opinion of the court no sufficient |
cause ior Clenfuegos' action had been |
made.
The second case was that of Balanos
and Bustemente, charged with hanging
tour unknown persons in Premavera. on
May 18th. The court held that the
testimony In this case was of hearsey
character and could not be given apy
weight. The testimony also was that
military operations were going on az that
time.
The third case was that of all the de-
PENDANTS charged with having hanged
Cssimiro Henriques. Henrioues was
hanged as spy. OF this offsnse Bola-
nos was innocent. The other three were
guilty.
The robbery of the bank OF San SAL
vador, charged to Ezeta, wae next con-
sidered. The court conDidered that the
evidence Of guilt preponderated, but like
the preceding case 1t would have to be
considered in its political phase.
AS to the killing of Canss on the road
10 La Llbsrtad, it was evident that Ezeta
and Cienfuegos had committed the act.
Ihe more important side, the conrt,
Iaid. was the political phase OF the csses
'resented. Except as to the assault
committed by Cienfuegos ON Amaya, all
ne acts In question had been committed
turing actual hostiitiee. 1t had not
'een decided what constituted q politi-
al crime. He believed that the three
tees mere under confederation we're
'hticai. Representatives OF the South /
'"'rlcan states at the pan-American '
ongr,Ao were qnoted to show thai This .
her r"cter OF robbery wss common in 9
revolutions. There was 4
h.k
ador was in q etaie OF siege during all
no time after April 29th, when the =
rimes, except Cienfuegos' attack on =
maya had besn committed, A ssate {
siege there corresponded with martial p
wv here.
The court did not believe that the
verthrow OF the Ezeta government
lsuged the nature OF the case. If this
ere true the csses properly came under A
military court, which was always par
mount where 1t had Jurisdiction. 9th
wise, the crimes, except the assault j
Cieniuegos, were oil political nature. "a
, the court ordered all the defendants :,
'cept Cienfuegos, discharged. 81
.Ihe courts announcement was re- u
lved with applause. Cienfuegoc was &C
nanded to the custody of the United o.
ates marshal to await the action Of u
o president. Ut
Judge Morrow's decision was an el,b. eu
ate one, and occupied over an hour ~
ID halt in reading. The refuseea gu
IRE all in court dressed in new clothes.
10 fortunate ones, Ezsta particularly. J.,
re oyerjoyed when they learned thew IA ~,
re not to DO sent back to San Saliva IL
r, which meant sure death for them.
ey crowded around Cienfuegos. their W.,
fortunate countrymRn, and extended 5o
n what sympathy they could. ii.
tzota IS very bitter towards the San
lvadoreans, and has outlined a cam
gn against them which he will en- or
TX upon as soon as possible. He will DR.
nrst TO Washington, whore he will at
rk In behalf of Cienfusgos, and then an