New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-08

ACTION PLEASES GENERAL
Little Hornet Interprets Judge
Wards Attitude as Fore
shadowing an Order
of Admission.

For tho third time since his arrival mere
from Europe. General Cipriano Casuo
NO. IN the federal court yesterday 10
.rovo ~ the court that he should be sd-
rnittad 10 the United States. Castro VINO
IS here temporarily on 500 ban pe'o'"s
The decision In the habeas corpus p'0-
ceeding. listened TO his counseF "to'e 30
Gordon Battle, argue BEFORE Judge ""i"
an the writ. At the end of the proceeulhS
The general expressed his satsiacuo"'
saving that the decision OF the coui'
would be in his favor.
This opinion OF General castro W"s
based on the remarks OF Judge warn
during the argument, which were 'rai's-
lated 10 the former President OF VEN
ezuela. and In which the judge Indicated
tho. he did not agree with the immigra-
,ion authorities that Castro should'be eA-
Guided because he refused TO answer Ger
tain questions, especially those coilce'" IL
ing the killing OF General Antonio rare
des. who was captured as revolutionary
Judge Ward believed that 'ompei
General Castro to answer the question a.
10 his possible part in the hllius 81 Gen
oral Paroles. or the deduction that ne
was responsible for the death oil the III
s,,rrectionist because General castro re-
fused 70 answer questions along TINS me
was an interference with his consti'u-
tional guarantees
Weeks Respite for Castro.
The court gave Mr. Battle and Isaac H.
Levy. Assistant United States At'orhe! y
who argued for the government one wen
10 submit briefs, when he VIII consiuef
the case. 49,.
The decision OF the court means tha'
cororal Castro has a respite of at least
another week az q guest in this CITY, anu
he was Immensely pleased. He smiled
when told the outcome OF the proceeding
saving: well a week more or less o"'SS
rot make much difference. But l am
sure of a victory from the attitude Oh
the court. which l think is the correct
one"
Several friends. who read in the words
of the court an order OF admission ior ."e
lighting Venezuelan. congratulated MN
Asked when he intended TO leave tHlS
country. ne replied with smile ei''
I am going 10 stay here until inns ques-
ton is settled"
Mr. Battle explained TO the court tha'
General Castro came here on visit Of a
fo,v weeks. and that he was detained ne
cause he refused to answer certain ques-
lions relating to alleged Happenings "hi'c
fe was President of Venezuela he ar
cued that il was not IN the Jufisnio'''''
of the immigration authorities to try an
alien ON the guilt or innocence OF charges
nut had 10 do only with persons who mad
aouauy been convicted OF crime OF
could act where the alien had admi''e"
tho charge. Mr. Battle said That the ac-
ton of the authorities was in coniaVeh-
ton of this governments policy ana
against the law.
Dispatches Cited as Proof.
Air Levy argued from the legal point
Of view. declaring that the question was
whether General Castro had been dehied
any of his legal rights. He said mat 'he
government had an admission that Cen
orsl Castro had a part in the death Vi
General Paroles. and Judge Ward wanted
10 know what was meant by an adnis-
sion Mr.. Levy explained that the gov
ernment's proofs were copies Of dispatches
and the silence, cohuuVl anu o''" -
General Castro.
The court seemed To think that 1eherSl
Castro had right to enter TINS country
unless he was in the excluded class.
In reply Mr.. Battle said that evidence
,n the form of copies of dispatches was
not admissible evidence. lie also showed
that General Castro had practically de-
MED any connection with the Paroles af-
fair. by saying that at the time ne was
sick and on the edge of his grave. Also
he said, he protested against the ACCUSE
tim