The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1894-09-05
EZETA MUST BE TRIED.
| California Court Decides That 1t Has
Proper Jurisdiction.

/
SAN FRANCISCO, Sept. 4.-General An
| tonic Ezeta and his four fellow refugees
from San Salvador were brought into the
! United States district court this morning
| tor examination on extradition. Judge
Beattie sat with Judge Morrow. The
court room was crowded with Spanish
| Americans and among them were many
ladies.
Counsel for the defense at once raised the
| question of the courts jurisdiction, and
urged that the testimony of the officers
of the gun boat should be taken in order
| that it might be shown that the prisoners
had been practically kidnapped into this
country. 1t was argued that while the
| prisoners had asked and been granted
| temporary protection on board the Ben
nington, they had subsequently demanded
to be permitted to leave the gun boat at
La Libertad and also al Acapulco,
and that the demands having been
refused, they had been forcibly and un-
lawfully brought to within three leagues
OF this city and there held merely to make
the present case for extradition. Thus it
was claimed, the prisoners were not law
fully within the jurisdiction of the court
By the Bennington's officers, the defense
hoped to prove these facts. If necessary,
the prisoners lawyers declared they could
bring up the issue by suing writs OF habeas
corpus, and having the refugees
taken before another court. Hay-
ing the right under that method
of procedure, they argued they ought GER
tainly TO have the right to the same de-
Tense under court proceedings.
Judge Morrow did not hesitate TO pass
IA of his iuFiSdicfIan Ia
declared that the warrants returned by
the United States marshal showed that
the arrests could be made within the juris
diction of the court, and that for the pur-
pose of the present proceeding, the men
we're fully within its jurisdiction.
1t would hardly do, he said, for
the court to examine into the conduct
of naval officers. Even had the defendants
been wrongfully detained and brought
into United States territory on an Ameri-
can man-of-war, that was a question for
the government at Washington TO deal
with and not question before the court.
Concluding, Judge Morrow stated that it
might be within the authority of the court
to examine into the conduct of the Ben
nington's officers and on that point he
would reserve his decision.
In an answer to question from the
bench, Captain Thomas stated that the
Bennington would remain at Mare Island
until the middle of October. The taking
of testimony on behalf of the government
of San Salvador was then ordered to pro-
coed. The offering of several dispositions
By residents of San Salvador resulted in
many technical objections on the part of
the defense and series of long arguments
by the counsel.
Nearly all the afternoon was consumed
in wrangling on deposition in which
EZeta and Juan Cienfugos are charged
with the murder of Thomas Canas,
teamster whom they encountered during
their flight to the sea.
Under the courts ruling to accept all
the dispositions. but TO apply the rules of
American courts to their contents, much
of the testimony was stricken out. One uf
the counsel for the prosecution naively re-
marked that should this rule obtain
throughout the proceedings there would
be very little of the documents left for his
honor TO report to the secretary Of state.