The record-union., 1894-09-06
The Prosecution Exhausts its Stock
Of Dispositions.
A GREAT DEAL OF THE TESTIMONY
STRICKEN OUT.
The Prisoners to be Tried on the
Merits of the Evidence Presented
Against Them by the salvadoran
Government-Ezeta Called to the
wirness-stand in His Own Behalf.
snecial TO the REcorp-UN1oN.

Special to the RECORD-UNIoN.
SAN Francisco, Sept. 5.-The Govern
ment of San Salvador has exhausted its
stock of dispositions, and seems to have
no oral testimony to offer in the extradi-
ton proceedings now pending in the
United States District Court here against
General Antonio Ezeta and his fellow ref
ugees. The depostions presented so far
have not been entirely satisfactory TO the
prosecution, inasmuch as great deal of
testimony has been stricken out under
the ruling of the court that the American
law relating to the admissibility of evil
dence must obtain during the proceed
ings.
The first deposition relates to the kill
ing of Thomas Canas, a leamster whom
General Ezeta and Juan Cienfuegos en-
countered during their flight to the sea.
The second accuses General Cienfuegos
and Manuel Cassin with shooting Andres
Amaya, with whom Cassin was at war.
The third deposition is in connection
with the forcible taking of 81, Ssh from the
international Bank of Salvador and
Nicaragua by General Ezeta. Then came
long accusation charging the refugees
with shooting Caesar Altaro and the hang
ing OF Casino HenriqueZ, revolutionlsts
who had opposed EZeta's cause. Other
charges of burning houses and shooting
other persons were brought out.
But very soon after the convening of
the court this morning counsel for the de-
tense announced that they had no further
depositions at land. DR.. Calderon, the
local Consul for San Salvador. was sworn.
he testified that i'm portant documents in
tended as evidence against the accused
were dispatched to him and would arrive
on the next steamer from Central Amer
lca. Upon this showing the prosecution
moved for a continuance of the case.
Judge Morrow refused to grant d con-
tinuance The defense then moved for a
dismissal of the charges, asserting that
sufficient evidence TO hold the prisoners
had not been adQuced. This motion, too,
was overruled.
The defense, after some delay. decided
to put in evidence to substantiate their
plea of lack OF jurisdiction of the United
States courts. Commander Thomas OF
the gunboat Bennington was called to the
witness stand. 1t was the announced in
tenton OF the defense to prove that the
prisoners had really been kidnapped into
the country, their demands to be per-
mitted TO leave the gunboat al La Liber-
tad and Acapulco having been refused,
and that they could not be considered
within the jurisdiction of the court, mas
much as they had been forcibly and ille-
gaAy landed upon american soil.
Commander Thomas testified briefly as
to the incidents OF the rebellion in San
Salvador, but was p 5evented from stating
why Le detained the refugees on board
the bennington.
Judge Morrow finally ruled that the
province OF the court was to consider the
prisoners within its jurisdiction, and not
TO consider the means by which they had
got there. In other words, the court de-
cided not to go behind the returns of the
United States Marshall
This means that unless resort is had to
habeas corpus proceedings in another
court the prisoners will be tried on the
merits Of the evidence presented against
them by the Government of San Saliva
dor.
Ezeta was called as witness in his
own behalf He denied the charge that
he caused Henriquez to be hanged and
said that he did not know of his death
until informed by his officers He added,
however, that he thought Henriquez had
been well hanged, because lie was a rebel.
lie said that he killed Thomas Canas in
self-defense and that the money taken
from the Bank of Nicaragua was merely
borrowed TO pay his soldiers.
General Coicho was also examined. but
there are no specific charges against HIM.
The case went over until tomorrow.