The herald., 1894-08-25
THE REFUGEES IN COURT.
Ezeta and Staff Before Judge
Morrow.
The Prisoners Arraigned for
ExtraditiOn.
Their Demand for an Immediate
Hearing Denied.
The Prosecution Secures . Postpone
ment Despite tho Dsfsndants' OBJ
jscttons-Sympathyfo for

SAN Francisco, Aug. 24.-Gep. Anto-
nio Ezsta and his fellow refugees from
San Salvador were prisoners before
Judge Morrow in the United States dis
trict court today. The prisoners had
spent the previous night in the Office
OF the United States marshal. where
they were kept under a heavy guard.
The attorneys, who came ON from New
York to defend them, mad been in con-
sultation with them nearly all night.
As the prisoners appeared in court,
Ezeta. who is fine physical specimen,
with courtly bearing, was the most
Observed He was sttired in q black
suit that he had purchased earlier in the
morning, Marshal Baldwin having sc-
companied him up town. From his
Kaistcoat hung magnificent gold, chain
studded with diamonds. The generals
enemies in the court room pointed it
out as a relic of his cruel reign in San
Salvador. They said it had formerly
been the property Of Carlos Melendez, a
millionaire planter who had been robbed
Of his wealth by the Ezstas, and that
the chain was among the epoils greedily
ugees, they were in appearance decided
ly inferior specimens OF the Spanish-
American.
Tie court proceedings were opened
by United States District Attorney
Garter, who stated that the warrants
had been issued in conformity with
mandate issued by the secretary OF state.
Mr.. Garter stated that ne appeared in
the case at the request OF the attorney
general of the United States. He ex-
planned that the United States mad no
further interest in the proceedings than
to see that they are regular and proper.
Then, after the process in the case had
been read, Attorney Garter stated tnat
the United States government left the
further prosecution of the case to the
private attorneys in the employ of the
Salvadorean government.
At this 1uncture the prisoners coun-
sci interposed and demanded an imme.
diate hearing under the charges. They
stoutly maintained that the prisoners
we're political reiugees, and wrongfully
detained, and that they had been lille
Qally restrained since June 9Th last.
Ezeta, it was argued. was then presi-
dent OF the de facto government, and
was afforded an asylum on an American
man-oi-war at time when there was
no authority in San Salvador which the
United States could recognize. 1t be-
came necessary for them to fight
their way to the coast. where they asked
and were accorded asylum on the Ben.
nington until they could board the
steamer San Bias. They were so closely
pursued by rebels at the time that they
were fred upon as they were embarking
on launch to 20 to the Bennington.
There could, counsel said, be no doubt
that asylum was given to the men as
political refugees. and that there had
been no werrant in law for holding them
on the vessel. They had desired to be
landed at Acapulco. but the request
was refused them. Then the United
States government had gone to the ex-
tent of holding the Bennington outside
the port of San Francisco until the pros
ecutors could prepare their papers.
The government, counsel declared,
had not only treated the prosecutors
with great consideration. but with a
consideration never granted to those OF
any other country.
Objection was made to any continu-
snce whatever. Counsel declared tnat
he desired to produce the officers of the
Bennington as witnesses that the men
we're really political refugees. These
witnesses would not be in port q week
hence.
The attorneys for the government of
Salvador argued as earnestly to show
tine justice of continuance. They as
serted that important evidence against
the accused mad yet to arrive, and that
the official seals to certain necessary
depositions had bean omitted. Besides,
there were number of dispositions in
Spanish, intermixed with the idioms OF
speech common in San Salvador, and it
would take some time for their transla-
ton. A continuance until September
12sh was asked for. A steamer said to
bear documents Important to tbs prose.
cution will arrive here September 8th.
After listening to the arguments pro
and con, Judge Morrow continued the
cases until Monday, September Sd, de-
clsring that the treaty with San Salvador
provides for such continusnces, and that
the delay asked for was not unreasona-
BILE. Thoreupon counsel for the defense
at once moved that the defendants be
admitted to bail. The cases OF Hamil-
ton and Jefferson Davis. both charged
with high treason and admitted to bail,
were cited. as we'll as the California stat
ute providing Tor the release on bail oil
persons held for extradtion.
The prosecution objected, arguing that
il the prisoners were released the gov
ernment would not be able TO fulfill its
treaty obligations. The motion was
finally taken under advisement, though
Judge Morrow stated that he had no
doubt the law would debar him from re-
leasing the defendants.
Finally the defense objected to the
juris dictou of the court, arguing that
the defendants had been brought into
the jurisdiction againat their will. 1t
was stated that the case was different
from any other in that respect. Tho
men had not been found within the
country, but had been forcibly brought
into it. The point WAS left in allegiance.
Marshal Baldwin has not yet decided
how he will dispose OF his prisoners. He
stated this afternoon that he would