The morning call., 1894-09-05
EXTRACTION CASES BEGUN.
The Question of Jurisdiction Is
Raised.
COMMANDER THOMAS ToTEsTIFY
With Nearly All the Prosecution
Testimony In There Is No xvi.
dence Against Colocho.

Gen erRl Antonio EZeta and MS CON-
panions in arms and in exile were before
Judge Morrow Yesterday to resist the
efforts of the Government of San Salvador
for their extTadition.
The party left the California Hotel about
10 O'clock, Attorneys Rubens and Quesada
accompanying their clients on the route
mapped ont by the guardian Deputy Mar
shals. When the Appraisers building was
reached the prisoners were escorted TO the
MarshaPs Office. and there met Charles
Page of the legal firm of Page, Eells &
Wheeler. WHO has also been retained in
their behalf
Out il the corridors and in the courtroom
a crowd of the curious had already as
sem bled, and In several Of the anterooms
were groups of ladies' who had come out
for the express purpose of getting at least
one look at the distinguished exileS.
Among the crowd was also noticeable
quite a sprinkling OF thin young men,
mostly in spectacles, who might easily
have been mistaken for law students eager
TO get up on nice points Ui lnternatoDa al
law. Most of the other males were of a
decidedly Iberan cast of countenance.
All the seats for spectators in the court
room were filled, as were most of those in
side the railing when the Ezeta party was
entrance 10 the cOur room. After the at
torneys came Ell Captain Major Busta-
mente, the wriDkled veteran of thirty
one years of war, and next Antonio EZeta
himself, looking as pleasant as a May
morning, quite handsome in a black
Prince Albert; BOlanOs and Col0cho fol-
lowed, with the youthful Cienfugos in the
rear. playfully pnching the arm of
Deputy Marshal MOnckton at the gate as
he passed. Five chairs in a row immedi-
ately facing the bench some ten feet be-
hind the tables for counsel had been as
signed to the prisoners. EZeta marched to
the one farthest from the door. Boanos
next, COlOcho, Cienfugos and Bustamente
in the order named. At each end of the
row of chairs, little in their rear, the
ever-watchful Marshal Baldwin had sta
TONED a deputy. He came In shortly
afterward himself and took seat at safe
enough distance from the Water-fter 10
vouch for his Democracy.
AS the prisoners seated themselves all
eyes were of course turned upon them, the
dozen or so ladies present first making the
soldier-President their target. The pris-
oners bore the trying scrutiny as if they
were so many spbinxes. Their lips moved
not, and there was never the twitch of
muscle TO indicate that they knew that
hundreds of eyes were upon them. They
sat stOlidly there, each one looking straight
ahead, manifesting not the slightest inter
only enthusiasm they displayed during the
morning was when Commander Thomas
of the Bennington. who had entered the
courtroom a few minutes before Judge
Morrow took his seat. walked in their
direction. Beginning with Bustamente.
who was nearest, smiles of delight illu-
mined the face of each prisoner, and
there was a reaching out of hands to grasp
the right of Commander Thomas.
Estorjio CalderOn. the San Salvadoran
Consul, who swore out The complaints,
entered shortly afterWard and took his
seat at the side OF his attorneys. He was
very unobtrusive in the morning and failed
TO put in an appearance during the after
noon.
When the proceeding were opened it did
not take long to show that the attorneys
for the exiles had their case well in hand
and that the prisoners were well satisfied
in their own minds that the Government
of San Salvador had no shadow of a case
against them. The plan of the defense
was made plain when Mr.. Page took his
exception 10 the jurisdiction of Judge
Morrow. He held, shortly, that, under the
treaty, persons TO be eXtraditable must be
charged with the offenses named in the
first section and must have been fugitiVes
seeking an asylum or have found one
IN the country from which they are
sought to be extradited. Such persons
plainly, he said, were not the prisoners.
They had not sought an asylum in this
coun try, nor had they been found here.
When they first went on board the Ben
nington at La Libertad it was on an i'm
piled pledge from the officers of that ship
that they should be landed in Mexico. BY
orders from the State Department the Off
GERS of the Bennington had been prohib-
tied from carrying out this pledge, and on
d. ur.her orders had steamed to within
three miles of the limits Of the territory of
the United States, where the present pris-
hoA llf1
days with constitutional privilege of
habeas corpus suspended. The officers of
the Bennington were present ana would
testify to this, and Mr.. Page desired that
Judge Morrow take their testimony.
After considerable argument Judge
Morrow decided that he would allow The
attorneys for the Government of San Sal
vador to proceed, and after they had I'm
shed their case he would probably hear
the testimony OF the officers Of the Ben
ningtOn.
The dispositions taken in San Salvador
and bearing on all the charges made in
the five separate complaint were read. tax
ing up the entire day. There were some
interesting objections as TO the method of
their taking and as to the qualifications
of some of the witnesses to give expert
testimony, but, on the whole, the day was
not particularly exciting.
Toward the close OF the afternoon the
prisoners manifested some degree of ennui
at the proceedings and Bustamente, who
sat near q Deputy Marshal with flowing
Dundrearys, exploded in a sibilant pro-
test that it was hot. he also objected to
the frequency to which he was alluded to
in the dispositions, as Eel micho del hoyo."
1.-THE monkey in the hole" al which he and
his companions were forced more tn an
once to smile.
When all the dispositions had been
read, with the exception of one or two.
which were kept out as irrelevant, it be-
came apparent that the San Salvadoran
Government had overlooked one important
point. That was that in none of the de-
positions was there a single i0ta of testi-
mony to connect General COLOGNE with
any of the crimes with which he is charged.
This can and probably will be remedied
by the production OF other evidence.