The Washington herald., 1911-01-28
AZCONA is SET FREE
Mexican Government Loses
Fight for Extradition.
PLEA OF COUNSEL SUSTAINED
for Political Refugee Ar
que that Statute of Limitations
Barred Prosecution and, Therefore,
Was Elective to Release Prisoner.
Fxils to Furnish Evidence.

Jose Sanchez Azcona. the Mexican po-
litical refugee, whose extradition is re-
quested by the Mexican government on
a charge of embezzlement. and who has
been detained fifty-three days in the Dis
trict Jail. was discharged yesterday after
noon by Chief Justice Clabaugh, of the
District Supreme Court
The court, in discharging the prisoner.
announced that the requisition papers do
not disclose that the alleged crime was
committed within three years of the is
suance of the warrant for the arrest of
Azcona. The court sustained the plea of
counsel for AZcona that the statute of
limitations barred prosecution. and there
fore was effective to release the prisoner.
Embezzlement Ms Charge.
Dropping the charges of false pre-
lenses on which AzcOna was arrested
December s last. the Mexican government
yesterday applied for his return on a
charge of embezzlement. Counsel for the
Mexican government declared that the
new charge supersedes the former, and
sought delay for opportunity to perfect
the requisition papers received from Mex
leo. The court denied the application, and
declared the prisoner entitled to a hear
ing at once
Chief Justice Clabaugh stated that the
record disclosed no reason for the delay
of the Mexican government in seeking to
secure a prisoner on a charge committed
in December. 1906. or February. 1907. On
motion of attorneys for Azcona. the court
excluded certain proposed dispositions in
cluded in the requisition papers. and di-
rected an argument on the sufficiency of
the remaining papers to make out a
prima facie case of embezzlement
Azconas counsel opposed the request
Of the counsel of the Mexican govern
nent for time to correct the defective
dispositions. claiming that the request
was in line with alleged former practices
CT the Mexican government in its efforts
to harass political refugees. The new
charge of embeZZlement against Azcona
was authenticated by Jorge L. Canalizo,
Mexican consul at Philadelphia 1t
charges Azcona with appropriating to his
own use about $50 of moneys while in
the employ in February, 1907, of Ell
Diario. newspaper.
Evidence Not Furnished.
In announcing the discharge of Az
coma, the court stated that every oppor-
tunity had been afforded to counsel for
the Mexican government to produce posi-
tive evidence Of a criminal character
which-Eould justify the granting of the
extradition asked for. but that no such
evidence had been furnished Azcona
was represented by Attorneys Hopkins
& Hopkins and ]. ]. Costigan. and the
Mexican governments case was in
charge Of Attorneys John d. Lindsay, of
New York. and Walter S. Penfield
ACCOM- received the congratulations of
his friends and sympathizers, who were
at hand and took keen interest in the
case Azcona claims that the Mexican
government wants his extradition SIM
ply because he opposed the reelection of
Diaz to the presidency. and was the
chairman of the committee which advo-
Gated the election Of Cen Madero, who
is at the head of the revolutionary eIe-
ment in Mexico.