New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-11-24
MIR. KNOX WAITING
COLLECTING PROOF
AGAINST ZEL4T4.
Status Of Americans To BE
Fired Before Taking De
Ciyre fiction.
rrrom The Tribune Bureau ]

Washington. Nov. 23---Secretary Knox
had no announcement 10 make regarding
til. Nicsraguan situation after the CAB
met meeting to-day. He said that the
question had not been discussed by the
Cabinet
NO definite action was taken by the
Department Of state to-day and the
case stands exactly where u was yester-
day. except that the department has re-
ctived several dispatches from Nicara-
glIa bearing on il. The text of these dis
PATCHES was not made public. but they
are known TO he portions OF evidence
against Zelaya which Secretary knox
wishes to have In his possession before
taking any decisive step. No tnforma-
tor can be obtained as TO when definite
action will be taken, but IL Is said that
formal announcement of the course TO
be pursued may be expected at any mo-
ment
one Of the most eminent military
authorities on international Law, who
has written several works on the sub
Jet, explained the attitude Of the State
Department to-day, AMI argued that II
the facts as presented to the department
are true there is no question of the cul
u bility OF Zclaya. The international
laws of neutrality" said this authority.
ARE framed to prevent flibusteTing. IL
men in hIibusterIng expeditions are
captured they should be returned to
their own government for trial. The
United States is not always able 20 pre-
vent some of it's citizens from joining
the military forces Of another country.
whether these forces be governmental or
revolutionary. IL two men. as appears
in this case, allied themselves with either
a regular or revolutionary army. and
were acting under the direction of their
superior officers they could be taken
prisoner and tried by military court
Eut no court acting within the lines of
the Hague agreement could sentence
man, native or foreign, to death unless
h. was proved to be "A spy or To be act
inG independently of any military or
sanization. These men do not appear
To have been classed as spies.
THINKS LAW WAS VIOLATED.
in time of war it is legal TO use
mines. and the fact that the two Ameri-
cans were planting mines under orders
has no bearing on the case" continued
this authority. These two men were
fighting with a revolutionary army. They
were not spies, for they attempted no
Gisguise. In my opinion. they were en-
titled to fair trial under international
military law. II the revolutionists had
been recognized as belligerents by Ze-
laya the two Americans would have for
feited all claim on the American gov
eminent by joining either of the armies.
but as Zelaya protests that he has not
recognized the belligerency of Estrada
the two men should have been turned
over 10 the United States authorities
for punishment or have been accorded
the usual treatment given prisoners of
war. The circumstances in this case
make it impossible 10 conceive that
Zelaya acted with due regard TO inter-
national law. He did not shoot the Me
aTaguans whom he captured with Can
non and Groce. but singled out the two
Americans for punishment. Zelaya has
violated the international military laws
which have been perfected with the ages
ard which have insured the soldiers jus,
treatment"
FINING STATUS OF MEN.
The delay on the part OF the United
States in taking any action with respect
To the killing of Groce and Cannon is
caused by the inability % the govern
ment up 10 this time TO fix the exact
status of the men.
1t was explained to-day that every
effort was being made through govern
ment agencies TO determine whether
these men were i'm fact members OF the
evolutionary army or were acting on
their own responsibility when they were
captured. II il can be proved. as seems
very doubtful that they were really
responsible for planting mines for the
purpose Of blowing up troopships of the
Nicaraguan government and were act
irg on their own responsibility their
status would be very different from what
II would be were they acting as part
OF the revolutionary forces. The State
Department is trying TO clear up this
point before il takes any aggressive ac-
ticn against Zelaya
The American vice consul At Man
aqua, Henry Caldera. has been instruct
al TO obtain all possible information on
this subject and il Is believed that other
agencies have been employed for the
same purpose. and until this information
Is received II is doubtful ~ the United
States viii take any steps looking to th,.
oh - g MT Of VaI