New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-05
81 lille Hornets" Blood Up;
Now Determined to Get
a "Square Deal"
COURT ADVANCES WRIT
uabeas Corpus Proceedings
Made Returnable Tomorrow
Battle to Go to Su-
preme Court.


lived a fight, has entered with all his
Arbting blood into the legal steps that
have been taken to have him freed from
Ellis Island, where he has been since
his arrival from Paris last Tuesday,
.vs,ting some action that was to de-
,rrpnine his eligibility to come in. He
regrets now his determination to return
10 Europe. which he announced after a
,,sl,minary hearing on the day he ar
Rived.
Ee expressed yesterday his gratifiea-
,srn over the interest which George
Gordon Battle and other Americans
hare taken In him, with the end in view
10 having him admitted. His only COM
,,snt for publication was elected by the
grounding Of the steamship Amerika
,.rsrdAy, on which he had engaged
massage. which he had cancelled late on
yssdsy afternoon, when he learned that
M. Battle had sworn out . writ OF
,sn.as corpus for him In the federal
court. The general said: We'll, they
annot blame me for that, anyway"
General Castros determination to go
hack to Europe without further pro
,.edinr. It was said, was due TO the
embarrassment and modification he
fen at the treatment which this gov
eminent accorded him, which was not
suite what a man Of even less nervous
temperament or less reflected greatness
AZ the past would care to experience.
But for General Castro, thu busy, buzz
sins little hornet Of Venezuela politics,
Il was decided shock.
Want Square DEAL Says Battle.
George Gordon Battle. who, it was
said, had interested himself in a Legal
way in the case Of the Venezuelan exile
only because he believed in a square
deal" succeeded yesterday In having
Judge Holt, in the United States Dis
trict Court, make returnable tomorrow
the writ of habeas corpus. instead OF
Friday. the day originally set. SO Cen
eral Castro will put his foot down In
New York for the first time when ne Is
brought to court tomorrow.
It was said that in case the writ Is
dismissed and General Castro is re-
turned 10 Ellis Island the case will be
taken to the United States Supreme
Court. This will mean that it will not
come up for final disposition for three
months at the earliest, in which time
the immigration officials will be re-
strained from taking any action for the
deportation Of the general. 1t is likely
that Mr.. Battle will move to have Cen
ersl Castro released under a heavy
bond until his case is disposed OF.
General Castro occupies a peculiar
position. There has been no order
issued for his deportation as an unde-
sirable alien. So far as known he
meets every legal requirement under
the law for admission to this country.
But the alien must prove this admissi-
biity. So far General Castro has had
mo opportunity to do this. as there has
been no hearing before the board OF
hpectai inquiry and he has not asked for
iany. II was pointed out that since
| Castro had volunteered TO leave the
country before any definite action had
bean taken In his case it was now UP TO
him to ask for the hearing before the
board This Will probably be the de-
fence Of the government at the argu-
'msnt tomorrow on the writ OF habeas
seorpus.
A representative of the ONCE Of Mr..
Battle remained more than two hours
With General Castro. He said he found
he general in good humor. but with
Bis fighting spirit thoroughly aroused,
not having been aware until Friday,
whsn the writ was taken out for him
o. which he cancelled his passage, that
there was any proceeding he could take
b prolong his stay here. Also. his ap-
petite continues good, and he pays as
he goes along, In American gold.
Refused cenHscstsd Stocks.
General Jose Manuel Hernandez, who
known as "El Mocho." and Is also
distinguished Venezuelan military man
and statesman, supplemented yester-
DAY his denial of the statement OF Gen.
eral Castro that President Gomez OF
Venezuela had turned over to him some
Of the exiled Presidents property,
which was confiscated when he left the
country, with a more detailed denial, In
which he said that Gomez did offer
him some of the Castro property in the
form Of securities, but that he had re-
jected them.
General Hernandez showed letter
which he wrote to President Gomez
from San Juan. Porto Rico. on Novem-
Der q. 1911, in which he said: ia
sors? No doubt, general, whoever
dictated your letter was not aware
that those favors which you intended
TO extend to me in the form Of large
package Of stocks of the cigarette mo-
nopoly were rejected by me. Remem-
Der your own words: They are those
OF Don Cipriano which we have dis