Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1894-09-13
M. EZETA TESTIFlES
He and His Fellow Refugee,
Before Judge Morrow.
THE CASE GOES OVER AGAIN

The Case Will be Decided According to
the Evidence Unless Habeas Corpu,
Proceedings Are Begun-Deposition,
Not Entirely Satisfactory.
SAN Francisco, September 7. The
government OF San Salvador has ex.
hausted its stock of dispositions, and
seems to have no oral testimony to offer
in the extradition proceedings now pend.
ing in the United States District Court
here against General Ezeta and his fel.
low refugees. The depositions presented
SO far have not been entirely satisfactory
to the prosecution, inasmuch as great
deal of testimony has been stricken out
under the ruling of the court that Amer.
can law relating to admissibility OF eyi.
dence must obtain during the proceed.
ings. The first deposition relates to the
killing of Thomas Canas, a teamster
whom General Ezeta and Juan Glen.
fuegos encountered during their flight to
the sea. The second accuses General
Cienfuegos and Manuel Cassin with
shooting at Andres Amaya, with whom
Cassin was at war. The third doposi.
ton is in connection with the fOrcible
taking of $2,5S4 from the international
Bank of Salvador and Nicaragua by Gen.
eral Ezeta. Then came long accusation
charging the refugees with shooting
Cesar Alfaro and the hanging of Cas-.
simo Henriquez, revolutionists who had
opposed Ezetas cause. Other charges
OF burning houses and shooting other
persons were brought out.
Very soon after the convening of the
court this morning counsel for the prose.
cution announced that it had no further
dispositions at hand. DR.. Calderon, the
local Consul for San Savador, was sworn.
He testified that documents intended as
evidence against the accused had been
dispatched to him, and would arrive on
the next steamer from Central America.
Upon this showing the prosecution
moved for continuance of the case.
Judge Morrow refused to grant con.
tinuance. The defense then moved fora
dismissal of the charges, asserting that
fcient evidence to hold the prisoners
hao not been adduced. This motion,
too, was overruled. The defense after
some delay decided to put in evidence to
substantiate their plea OF lack of iuris-
diction of the United States courts.
Commander Thomas OF the gunboat
Bennington was called to the witness
stand. 1t was the announced intention
OF the defense to prove that the prison
ers had really been kidnapped into the
country, their demands to be permitted
to leave the gunboat at La Libertad and
Acapulco having been refused, and that
they could not be considered within the
jurisdiction of the court, inasmuch as
they had been forcibly and illegally
landed upon American soil. Commander
Thomas testified briefly as to the iuS,
dents of the rebellion in Salvador, ,
was prevented from stating why he had
detained the refugees on board the Ben
nington. Judge Morrow finally ruled
that the province of the court was to
consider the prisoners within its jurs-
diction and not to consider the means by
which they had reached there. In other
words, the court decided not to 90 be-
hind the returns of the United States
Marshal. This means that, unless re-
sort is had to habeas corpus proceedings
in another court, the prisoners will be
tried on the merits OF the evidence pre-,
sented against them by the government
of San Salvador.
Ezeta was called as witness in his
own behalf. He denied the charge that
he caused Henriquez to be hanged, and
said that he did not know of his death
until informed of it by his officers. Ezeta
added, however, that he thought Henri
quez had been well hanged, because he
was rebel. He said that he killed
Thomas Canas in self-defense, and that
the money taken from the Bank of Mic
aragua was merely borrowed to pay his
soldiers. General Colcho was also ex-
amined, but there are no specific charges
against him. The case went over.