The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-09-23
EZETA SET AT LIBERTY


keVs NJ SSvu w
JUDGE MoRRoW's DECISION
Tho Grimes % the Defendants We're
% q Political Nature-Geota
VIII Raise an Army
and FiGht.
San ynAHmsco, Sept. 0-Thrss q the
four San Salvsdoe refugees who were
brought here ON the United States steamer
Bennington and we're arrested By the
federal authorities ct the solicitation OF
the government Of San Salvador, Arc now
free men. They are Gen. Antonio Essta.
Cen. Lson BaIauos and Capt MAJ. Flo
rsncio Bustsmsuts. The fourth. Colonel
Cisnfuegos, will be sent back 70 San Sal
vador to answer for crimes charged
against him. Such 10 the purport Of tho
decision rendered by United States dss.
trict Judge Morrow to-day. His decision
10 long one and occupied more than an
hour In delivery. The court went into tho
history of the Essta administration, which
began In March. 1891. Prioe to that Car.
los Rssta had headed revolution against
the exis,inR eovsrument In which the
president was slain. Tho court then 10.
ferrsd to The revolution Of this year. which
hogan on April 20 and ended In the
downsall Of the Essts government and
the incidsats connected with the Aight Of
The refugees. The fasitives had been Dc.
tainsd on board oe The Bsnninstoa owing
10 demand made for their sxtradition
soon after they had boafdsd the Bsnnins.
ton. The provisional government was
not recognised by this government until
Aug. ~ Tue court said the matter rested
on Whistler there was sufiicisnt evidence
Of ssiminality to justify him, % commit.
ting magistrate, In granting the demand
for sxtssdition. He bad proceeded under
ssetioa S,S5o Of the revised statutes. He
did mot aGrss that proof suiAcisnt to con.
vict would b necessary. but considered
that svideucs should b sufllcisnt to con.
vines . cautious man Of the guilt Of the
accused. The proper place for trial was
whsro the crime had besn committed; |;
any other course Of procedure would 90.
tirsly destroy the usefulness Of sxtradi.
tioo treaties. These views were In 90
eordanes With former dseIsIons In
extraditiou cases.
The 0rst case eensidsrsd IVES that Of
CisnfusGos, charged With an attempt to
murder Andres Amaya IN San Salvador.
The court held 20 the cot In question bad
bssn committed about four months b.
fore the rsvolutiou, u WAS devoid of any
political aspect and % the court would
lid him Ter sxtradition. In the opiniou
- - Soart no sufficient defense foe
cleniusgos bad bsen made. The second
case was that :of Balanos and Busta.
msnte, charged with hanging four IN.
known persons In Primavera on May %.
The court held that the testimony In this
ease IVES Of . hsarsay character and could
not b given any weight. The testimony
also was that military operations were
going on at that time. The third case
was that Of Ill the defendants charged
with having hanged Cssimiro Henriquss.
Hsriquss was hanged 20 . spy. or this
offsnss Bolanos was innocent. The other
three we're guilty. The robbery Of the
bsnk Of San SaIvsdor, eharssd to Essta,
vas next considered. The court eousid.
srsd the evidence Of guilt prspondsratsd,
bat like The preceding case Il would have
to b considered In its political phase.
A. % the killing OF Cansc on the road to
u Llosstoo, u wes evident snas Essts
aud Cisnfuseos had committed the act.
TIE more important side, the court said.
IVES the polltscal side Of the cases
proeees:d. nxcsps - to snc asssu's eo:n'
mtsecd by Cssniuseoe on Amaya Al tns
aets N question neo peen COMMITTED our-
inc actual nossliities. IL naa not eesn
decided what constituted Q poiHscei crime.
he believed sne snrse Gases nsre undeF
conssoera'Son were polis'esls ine Upn-
seusativss Of tns south American states
~ the fsn'Amsescen congress wsfe
qucssd to snow tnAs the ensracter OF tns
boooesy here eo.rsed 70 common In LATIN
Americon rsvo'u'ions. lnsrs vas NO
deoce, the court sasd, snss oan osivados
IVES 10 etefe Of siege during all the t'me
efser April ~, wnen the crimes. excsp'
Cisnfuesos attack on Amsya. nad been
commifsed. state OF s'ess mere core
spenoeo WIN meI.ss Iaw use' .Ss