The Birmingham age-herald., 1913-01-11
CASTRO IS BACK
ON ELLIS ISLAND
Judge Refuses to Grant
Habeas Corpus Writ
MAY BE ALLOWED BAIL
Court Decides That Immigration Au-
thorities Have Not Concluded
Examination and He Has No
Right to Interfere

New York, January 10-Cipriano Cas-
tro former president of Venezuela, WHO
declares he is being unlawfully prevented
by the immigra ion authorities from en-
tering this country, had his day in court
today before a federal tribunal in this
city, but tonight is back again on Ellis
Island defeated temporarily at least. in
his attempt to land The writ of haheas
corpus in his behalf was not dismissed
outright when The matter came up fer
hearing before Judge Holt. The judge,
however. announced his intention to dis
miss it, but held his decision in allegiance
until he could settle the question as to
whether he had authority to grant an APP
plication for Castros release on bail pend
ing determination by the immigration an
thorities of the venezuelan's right to re-
main in this country.
Judge Holt said he was disposed to
grant the application for bail provided he
had authority TO do so and requested
counsel to subrlit briefs. lie probably
will render a decision tomorrow.
Judge Holt upheld the contention of
District Attorney Wise that Castro's ex-
animation by the immigration authorities
had not been completed and for that rea-
son the court had no authority TO inter-
fere
CastrO's Counsel Claims Victory
Castros counsel. George Gordon Battle,
held that the case had in fact been COM
pleted, on the ground that the immiera-
ton authorities had "extorted from him
under duress'' a promise to leave the
country against his wishes Mr.. Battle
read from an affidavit of Castros in
which the Venezuelan set forth that he
had refused to answer certain questions
put by a special BOARD of inquiry concern
ing the internal affairs of Venezuela and
had been told that if he would promise
to go back inquiry into his affairs would
be dropped.
Il was asked about the affairs OF the
French Gable company and the Electric
Light company" Castros affidavit read.
and | was also asked whether any for
eigners had had their property confiscated
at any time N Venezuela. i answered
that l did not think / was obliged to an
swer these questions and that If they
wanted to know anything about these
matters they should consult a representa-
tive of the government of Venezuela
Mr., Battle declared Castro had been de-
MED the right to confer with counsel ex-
cept in the presence of an immigration
officer.
mo law in this country says that coun-
sci shall not have access to his client.
without a government officer standing
over him. commented Judge Holt
Under these circumstances a mans de-
tention would certainly be Illegal"
District Attorney Wise. however. point
ed cut that Castro had had the help of
counsel in preparing his petition.
Mr.. Battle, in commenting tonight on
the ruling of the court declared that
Castro ''had accomplished the objects for
which the writ was sued out"
Judge Holt has distinctly ruled, he
sa id, that General Castro shall be en-
Titled to consult freely with his counsel
and that the immigration authorities must
proceed promptly and in legal manner
by a special board OF inquiry to deter
mine whether any just cause exists Tor
excluding him from this country.