The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-04-02
WERE MIXED UP
IN REVOLUTION
Officers of Asphalt Company Backed
Up Matos in Venezuela.
GENERAL CASTRO WON OUT
INTERESTING FACTS COMING TO
LIGHT.

IAI ASHINGTON. April 1.-SenOT We
Wv oz-Goiticca. charge daffaires OF
Venezuela, called today on Act
ing Secretary Adcc and handed 10 him,
rs mere matter of reference, Il trans
lation of the decision of the federal
district superior court rejecting the mo-
tiou 10 dismiss made by tn" Nov York
& BermUdez company in the action
aEainat said comra0y by the nation to
compel it to pay damages to Venezuela
for its participation i'm tho revolution
called "Libcrtadora."
The text of the decision contains
some interesting and rather startling
statements. the facts set ont being i'm
substance as follows:
The attorney general for Venezuela.
Sept %. 1904. brought suit against the
New York & ReUmudez Asphalt com
pauN. I'm the person Of Robert Kemp
Wright. its resident representa- tive. for
damages by reason OF the company
participation i'm the last revolution thc
NIatos revolution. called "Libertado-
ra." Mr.. Wright pleaded that even if
the hypothesis We're true (Which he de
uied). there was no ground for action
under article Is Of the penal code i'm the
ease of crimes against the national
power. any and all proceedings CeasinS
upon the re-estabIishment Of public
order. wherefore he moved To dismiss
the suit.
Motion Rejected.
Upon motion of the attorney general
the court Of first instance rejected the
motion to dismiss. and tho case came
before the superior court of the federal
district ON appeal In passing upon this
motion that court remarked i'm sub
stance that upon the definition Of the
alliance between the New York & Der
NUDE company and the chief of the
hberatiUE revolution General MatOs),
when the latter was i'm New York in
June. 1901. the company began to supply
him with the necessary funds to carry
ON the campaign. President Francis &.
Greene Of the asphalt company Went To
meet General Matos i'm Paris i'm July to
contract for the purchase Of "A steamer
and other necessary elements of war.
Bought d Steamer.
Greene went to London and Glasgow
10 examine seVCra steamers on sale
and. returning to- Paris. he drew.
through the Credit Lyonnaise. on the
Seahoard National bank OF New York
Of which bank Greene was "A director
and where the trust TO which the New
York d Bermudcz company belonged,
kept its account. Said draft amount
ing to the sum Of 100000 was ordered
In BE- paid by MI SewaU. secretary 81
the trust. who directed his cashier to
charge that amount to an account un-
dor the name of government relations
which contained without details all the
money expended on Venezuela. \ few
days later draft for 100000 was drawn.
paid and entered into the same man
Uer. \ few months later. as the result
OF Greeue's work i'm Europe. the fatal
ly celebrated steamer Ban Riga. whose
history of pirate depredations * known
10 All. came To the coast Of Venezuela.
carrying an immense amount Of muui-
lions of war and having on board tho
chief of the revolution
Continued to Aid Matos.
The wonderful campaign during
which the present executive routed and
put to 1ight the armies of the rcvoIu-
zion was not sufficient to convince the
company ina reference OF the total fail
uTC Of its plan nor to make il abandon
its purpose because after the celebrated
battle of la Victoria the company con
tiuuod To and MatnS- thus pTOlOnEing an
iSguitOus war under any circumstances
which Increased the sufferiugs Of the
nation and delivered il almost exhaust
rj and defensCless to foreign opprcs-
SION
Without attempting to pass upon the
subject matter Of these charges the APP
UUllatc court. C0ufining itself to tho mo-
ton to dismiss filed by the company.
held that the right of civil action OK
lists independently OF the penal action
and the cessation of the revolutionary
armed movement did not necessarily
imply or cmbody the actual fact that
tn" disturbing force had been DESTROYED
or that such force might exist i'm a lat
cut condition while the constituted
state preserves its sacred and para
mount duty of watching for its coclIr-
ity- The civil action did not mean the
abroCatiOn Of the amnesty granted by
tho state i'm criminal cases. SO the mo
ton TO dismiss the action Is denied with
costs against the company.