The morning call., 1894-09-06

| quoted on both sides and the Judge decided
to go over recess to get chance to look at
them.
Upon the recOnvening of court Mr..
Pterson found Unnecessary TO reiterate that
he had found no case in which the question
was decided, but he announced that in most
of the cases cited by Mr. Page the Ques-
ton of interstate rendition alone entered.
In a very elaborate opinion Judge Nor
row then decided that be was satisfied he
had jurisdiction and he sustained the OBJ
lection TO the introduction of the testimony
of Captain Thomas.
1--WE had thought TO be able to take this
testimony" said Mr. Page" in order that
when the cases are certified TO at Washing
toD, if they are certified, these facts may
be included in the case presented"
Judge Morrow stated that he had con-
sdered the advisability of just that very
thing and he announced that he would al.
low Captain Thomas TO tell the desired
story on the stand, TO be certified with the
rest Of the case, if so decided.
Mr.. Page made a motion to that effect
and Mr.. Pierson entered his objection.
I'm this proceeding" said United States
District Attorney Garter after he had
received permission Of the court, sin
taking the evidence of naval or other of
ficers l will ask, if it is proper, that your
Honor will have due regard to such CON-
municatiOns as are marked as stale Sc
crets l do not feel at liberty to make OBJ
jectiOns, but l will ask that when 1t comes
to the disclosure of communications from
superior officers TO interiors due regard be
paid to the secrecy OF these cOmmunica-
tions."
The court announced that IL the con-
tingency arose he would find some way of
disposing of IL.
Commander Thomas was then placed ON
the stand and stated that General Antonio
hNn RIzo
tween 2 and o'clock of the afternoon of
June last. When Ezeta first entered La
Libertad on that day be went to the
American consulate and requested asylum
on board the Bennington until such time
as he could board the San Bias. This was
signaled to Commander Thomas, and he
signaled back granting the request Ezea
then came on board and an hour or so
later sixteen or seventeen of his compan-
ions, among whom were the other prison.
ers. These asked for asylum, which he at
first refused on the ground that he had
no accommodations and 1t would hamper
the ship.
ever" said the witness. fright at that
time by the revolutionary forces to shoot
down these men right under nv beam
right under my nose, and didn't propose
to let IL be done. l allowed the men to
come on board and quartered them on the
On the arrival of the San Bias, Captain
Thomas went aboard to interview Captain
McLaine, and told him when he lett that
| afternoon he wanted to make arraDgem euts
with him to transfer the refugees to the San
Bias. Captain McLaine agreed if thew
would pay $50 10 American gold coin. IL
| Captain Thomas would put them aboard
outside the three-mIle limit which he
! agreed to do. This wes on June 9. and a
| short time later United States Consul A,
l.. Pollock, together with two OF thres
commissioners representing the succe ssful
revolutionary party. came aboard the Ben
nlngton with the request that Captain
| Thomas give them the opportunity to
make demand for the extradition of tnese
men on the charges OF murder, arson, rob-
berry and rape. Captain Thomas said he
wonld not act arbitrarily and he would
hold over one steamer which was ten days'
time, In order to give them ceance TO
make a demand on the United States
Government, but il not instructed TO the
| contrary at the end of ten days he would
transfer them TO the next steamer. He
cabled his action TO the Navy Department,
and held the refugees awaiting orders.
Il told these men rhe refugees)." SAID
Captain Thomas, that / could not grant
their request for a transfer when the next
steamer arrived, that l could not grant il
for the simple reason that had been in
structed by superior authority to hold
| them until further orders"
Witness stated he had no warrant at
tnat lime nor at any time from than on
until the arrival of the Bennington in San
Francisco Bay for the detention of any of
| these men. No man under him. that he
had any knowledge Of, had such a paper.
Then witness detailed the voyage north.