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 es IL tho Unfortunate Pris-
oner-Ths Others Offences Wero
Purely PolitioaI-Ezsta's
Programme.
BY the Associated Press.

SAN Francisco, Sept. 22.-Three OF
the four San Salvsdorian 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 Ezeta, Gen. Leon Balanos and
Captain Major Forencio 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 a
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 q demand made for extradition
soon after they had boarded the Ben
nington. The provisional government
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 consid-
cred that the evidence should be sutfi-
cient to convince cautious man OF the
guilt of the accused. The proper place
for 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 caese.
The frat case considered was that Of
Cienfuegos, charged with attempt to
murder Andres Amaya in San Salvador.
The court held that. as the act in ques.
tion had been committed about four
months before the revolution, it was
devoid o. any political aspect, and 30 the
court would hold him for extradtion.
In the opinion of the court no sufficient
cause ior Cienfuegos' action had been
made.
The second case was that of Balanos
and Bustemente, charged with hanging
four unknown persons in Premavera, on
May 18th. Tho court held that the
testimony In this case was of a hearsay
character 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 de-
fendsnts charged with having hanged
Oasimiro Henrlques. Henriques was
hanged as spy. OF this offense Bola-
nos was innocent. The other three were
guilty.
The robbery of the bank of San Sal
vador, charged to Ezeta, was next con-
sidered. The court conDidered that the
evidence of guilt preponderated, but like
the preceding case It would have to be
considered in its political phase.
As to the killing of Canss on the road
to La Libsrtad, it was evident that Ezeta
and Cienfuegos had committed the act
The more important aide, the court,
said. was the political phase OF the csses
presented. Except as to the assault
committed by Cienfuegos on Amaya, all
the acts in question had been committed
during actual hostilitiee. 1t had not
been decided what constituted q politi-
cal crime. He believed that the three
C iaes here under consideration we're
p litical. Representatives of the South
An'nrican states at the pan-American
congr,ao were qnoted to show that this
rne erActer OF robbery WAS common in
Latina revolutions. There was
no doubt, the court said, that San Sal.
vad0r was in etate OF siege during all
the time after April 29th, when the
crimes, except Cienfuegos' attack on
AmaYa had be6n committed. A state
Of siege there corresponded with martial
law here.
The court did not believe that the
OF the Ezeta government
changed the nature OF the case. If this
were true the cases properly came under
\ military court, which was always par
amount where it had jurisdiction. 9th
erwise, the crimes, except the assault
oy Cieniuegos, were OF political nature.
80 the court ordered all The defendants.
axcept Cienfuegos, discharged.
Il The courts announcement was re-
seived with applause. Cienfuegoo was
-smanded to the custody of the United
states marshal to await the action OF
tho president.
Judge Morrow's decision was an elab.
'rate one, and occupied over an hour
md hal; in reading. The refusees
we're all in court dressed in new clothes.
The fortunate ones, Ez5ta particularly.
we're oyerjoyed when they learned they
we're not to be sent back to San Saliva
ior, which meant sure death for them,
they crowded around Cienfuegos, their
Unfortunate countryman, and extended
iim what sympathy they could.
Ezeta is very bitter towards the San
and has outlined cam
'algn against them which he will en-
ark upon as soon as possible. He will
o first to Washington, where he will
York in behalf of Cienfusgos, and then