El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-03-06
BIAS AGUIRRE'S
EXTRACTION
Requested By The Mexican
Government On
THE CHARGE OF MURDER

Witnesses And the TeChniCali-
ties That Arise AS In the Case
OF Mrs Rich.
Yesterday morning the case of the
state of chihuahua in the republic of
Mexico We. Bias Aguirre came up be-
fore L. S. Commissioner Sexton on the
application of Mexico for Aguirre's
extraditiou On the charge of murder.
Cspt. I. j. Beall, counsellor for the
Mexican government in this city. re-
presented the plaintiff and Judge A.
G.. Wilcox the defe adaut.
MANY WITNESSES.
The hearing Is being held in the
large federal court room on the third
floor of the custom house and num-
Der of persons are on hand. During
the proceedings Consul Mallen was
seated near Capt. Beall. The defend
ant, heavy set, large built Mexican
youth, sat beside his counsel and
seemed greatly interested. He is said
to be only seventeen years OF age but
looks much older. The hall is thronged
with witnesses and as the prosecution
has rested after hearing only one wit
ness 1t looks as if the defence was about
to make hard fight. Among
the witnesses summoned by them are
Epitacio and Celso Aguirre, brother
and cousin of the defendant. Both are
alleged to have been implicated in the
crime for which Mexico wants posses
sion of Bias and are state prisoners.
AS such they are 10 the custody of
Marshal Hildebrand.
When the court convened Judge
Wilcox entered for this client plea
of not guilty and said that the de-
fendaut ia al American citi
zen.
ACCESSIBILITY OF EVIDENCE
Capt. Beall offered in evidence
mass of testimony taken before the
court of letters in Juarez. This con-
sisted of the statements of several
parties who it is alleged were in the
saloon OF Jesus Esquejsda at Sac Igna-
clio when he WAS killed and made
his alleged dying statement.
A warrant and other legal
papers accompanied the evidence.
Judge Wilcox Immediately objected
to the ad mission of any Of this evidence
on the same broad ground that he had
objected to the admission of similar
evidence when he defended Mrs. Rich
i a the same oonrt, namely, that it had
not been taken in accordance with the
rules governing such matters in the
United States and the state OF Texas.
Specifically he objected that there was
nothing to show that the evidence had
been taken by an official or duly au
rhorized person and that it was not
sworn to and that the alleg d dying |
statement of Esouejsda had not so far |
as there was anything to show been |
under the fear of impending death. |
legal objections were
also sprung.
OBJECTIONS OVRRRULED.
After hearing argument the commits
sioner overruied the objection, on the
same ground that he did similar objec- |
tions in the Rich case, viz: that while |
in extradition cases the weight and |
credibility of evidence must be deter |
mined by the American law, the ad- !
of the evidence must be |
determined by the foreign law. That |
this was lawful testimony and aimis-
6 able in the courts OF chihuahua WAS
shown by the fact that the Juarez
reverse of the position assumed by |
Judge Wilcox who held that ell this |
must be determined by the American
law.
FACTS OF THE CASE
According to the theory of the prose-
cution the three Aguirre boys, Blas,
Epitacio and Celso, 4 10lfo Chaoon,
and Juan Berystyol crossed the river
near San Elizsrio on April 7th last,
and entering the little town of San
Ygnaeio, Mexico. there deliberately
Jesus Esquejada, a saloon
keeper, who, it is alleged. had given
evidence against them in a cattle steal
ng case, and then they retreated back
INTO the United States.
The rurales pursued them, Berystyol
was captured aud is now in the Juarez
all. A pitched battle ensued and
Chacon was desperately wounded but
escaped across the river and was cap
ured by Deputy Sheriff Garcia st q
anch near San Elizario. The Aguirres .
we're caught In New Mexico.
FIRST WITNESS. +
CssimIro Rodtlls was then called by I
ne prosecution and testified that he
vas at the saloon in San Ignscio when :
i-q jada was killed. He was one Of !
he witnesses whose deposition was
mong the evidence taken by the Jua- . :.
ez court. He corroborated the state
1ents con tained therein. He said :
,sQueiada was shot from without and 7
hat he had heard Esquejada quar- !
cling and recogniz ed Blas's voice. :
DEFENCE OPENS. b
The prosecution rested with Ro-
illa's testimony and Judge Wilcox
allied Luis Ramirez who testified that
q was also present at the time of the
looting and that while Bias was pres
ut on his horse he did not hear him
" anything, but that he heard Es- q
uej ada and Berystyol quarreling and a
e would not swear that Aguirre had 1
nything to do with the shooting. 81
AN AMERICAN CITIZEN. - -
The father of the defendant testified b
lat he lived near Fort Hancock and u
lat he was an American citizen hav-
% lived his entire life in Texas.