New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-04-02
ACCUSES GEN. GREENE.
THE ASPHALT DECISION.
Charges of Hiding RevOIutiOnists
Made by YeuezreIan Court.

Washington April I-sehor veIoz-Goiticoa
charge d'affaires OF Venezuela. called on Acting
Secretary Adee to-day and handed to him. a.
a matter for reference, translation Of the de-
eision Of the Federal District Superior Court OF
Venezuela rejecting the motion to dismiss made
by the New-York and Bermudez Company in the
action against the company to compel tt 70 pay
damages fer its alleged part in the revolution
called "Libertadora-" The text OF the decision
contains some interesting and rather startling
statements. in substance as follows.
The attorney General for Venezuela. on Sep
TEMPER =, l9A. brought suit against the New
Aork ana Bermudez Asphalt Company. in the
Tesentative. for damages by reason OF the com
pany part in the last revolution Cthe NatOs
revolution called "LdOertadOra." Mr. Wright
plea0eG tnat even If the charge were true (which
ne denledl there was no ground for action be-
cause under Article l23 Of the Penal Code. IN
case OF crimes against the nation. any and all
proceedings cease on the re-esta bIishment Os
pubic order and he moved TO dismiss the suit.
On motion OF the Attorney General the Court
OF First Instance rejected the motion to dis
miss. and the case came before the Superior
Court Of the Federal District on appeal In
passing on this motion that court remarked in
substance that on the definite conclusion OF the
alliance between the New-York and Berrnudez
Company and General Matos. when the latter
was in New-YOrk in June 1901 the company
paign. Francis V. Greene president OF the as
Dhalt company. it is alleged went to meet Cen
eral Matos IN Paris IN July to make contract
for the purchase OF a steamer and other ueces-
sary elements Of war. General Greene went TO
London and Glasgow TO examine several steam
ers on sale and returning to Paris he drew
through the Credit Lyonnais. on the Seaboard
National Bank of New-York. Of which bank
Greene was director and where the trust to
which the New-YOrk and Bermudez Company
belonged kept its account Said draft amount
ing to the sum of 100000. was ordered to be
paid by Mr.. SewalL secretary of the trust. who
directed Lis cashier to charge that amount to an
account under the name of governments reIa-
tons which contained without details. all the
money expended on Venezuela few days
later draft for $4,000 was drawn paid. ami
entered in the same manner. A few months later
as the results OF Greene's work in Europe the
/ fatally celebrated steamer Ban Righ whose
history OF piratic depredations is known to all.
came 10 the coast Of Venezuela. carrying an
immense amount of munitions of war and hav-
ing on board the chief of the revolution
The wonderful campaign during which the
present Chief Executive routed and put to flight
the armies Of the revolution was not sufficient
to convince the company in reference OF the
total failure of It's plans nor to make it abandon
its purpose, because. after the celebrated battle
/ OF La Victoria, the company continued 70 aid
MatOs. thus prOlOnging inGuitOus war under
any circumstances which increased the suffer
fngS or the nation and delivered III almost eX-
hausted and defenceless TO foreign oppression "
Without attempting TO pass on the subject
matter of these charges. the Appellate Court.
confining itself to the motion to dismiss fled
by the company, held that the right OF civil
action exists Independently OF the penal action.
and the cessation of the revolutionary armed
movement did not necessarily imply or embOdy
the actual fact that the disturbing force has
been destroyed that such force might exist
in latent condition while the constituted state
preserves its sacred and paramount duty OF
watching for its security. The civil action did
not mean the abrOgatiOn OF the amnesty granted
by the State in criminal cases. so the motion 10
dismiss the action is denied with costa against
the company.