The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-09-05


Judre Morrow Claims Jurisdietfon. and
sais.derf.n Testimony 10 Begsn-
Saw FRAxcfsco. Sept. 4-Gs,. Antonio
Ezeta and bis fozr fellow refugees from
san Salvador. were brought into sne
United States district court today for ex-
animation On sxtrsditiou- Judge Beatty
sat with Judge Morrow. The court room
vas crowded With spsaish-AmeTfcans, and
among the throng we're many Isdies-
Counsel for the defense q. once raised the
question OF the courts jurisdiction, and
urged that the testimony Of the oI1cers OF
the gunboas Bennington be taken IN order
that II might be shown that the prisoners
had been practically kidnapped into this
country. IL vas argued that while the
prisoners had asked aud been granted
temporary protection on board the Ben
nington. they had subseq uently demanded
10 be permit ed 20 leave the gunboat 81 La
Libertad and also a. Acapulco and. these
demands having BEEN refused. they bad
been fo-cibIy and unlawfully brought TO
within three leagues Of this city and there
held, merely 20 make the present case
for extradition. Thus. IL was claimed,
tina prisoners were not lsEtnIly
within the Jurisdiction OF the court. By
the Bennington's officers the defense
hoped 10 prove these facts. III necessary,
the prisoners lawyers declared, they could
bring up the issue by suing out writs OF
hsbeAs corpus and having The refugees
taken before another court Having the
right under that method of procedure,
they argued that they ought certainly TO
have the right to the same defense under
direct proceedings.
Judge Morrow did not hesitate 10 pass
upon the question of his jurisdiction. de
declared that the warrants returned oy
the United States marshal showed that
the arrests had been made within the
jurisdiction of the court, and for the pur-
pose Of the present proceeding the men
were fully within his Jurisdiction Ii
would hardly do. he said. for the court to
examine into the conduct Of the naval
officers Even had the defendants been
wrongfully detained and brought into
United States territory on an American
man-of-war, that was question for the
government at Washington City TO deal
with. and not question before the court.
However, Judge Morrow stated that II
might be within the authority OF the
court to examine into the conduct OF the
Bennington's officers, and on that point
he would reserve his decision. In answer
to question from the bench Capt. Thomas
stated that the Bennington would remain
at Mare Island until the middle OF octo-
Der.
The taking of testimony on behalf OF the
government of San Salvador was then
ordered to proceed. The Offering of seVe 5
dispositions by residents of San Salvador
resulted In many technical objections on
the part of the defense and q series of long
arguments by counsel Nearly all the
afternoon was consumed in wrangling
over deposition in which Ezeta and Juan
Cienfuegos 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 10 their contents, much
of the testimony was stricken out. One OF
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.