New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-12-04
FREE; MUST
GO BACK TO SPAIN
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had been ordered. Later telegram
from Washington affirmed the action
Following the telephone message
Marshal Henkel went TO the Ioinos
and took Zelaya TO the Federal Bulid-
ing. A few minutes after his arrival
Assistant District Attorney Wood led
Zelaya 10 the chamber Of Judge Holt
before whom Zelayas counsel had OBJ
tanned a writ OF habeas corpus.
Attorney General McReynolds has
notified me that the government or
Nicaragua has withdrawn its eNtradl-
ton claim In the Zelaya case said
Mr.. Wood. Zelaya's copious gray mus
tache twitched once or twice as Mr..
Galston stated that he wished TO with
draw his application for a writ or
habeas corpus. Judge Holt at once
discharged the application.
Discharged by Court.
Zelaya was then conducted by Mar
shall Henkel, the Assistant District At
torney. his counsel and a cloud Of re-
porters to Commissioner Shields's court.
II was Commissioner Shields who
issued the warrant for Zelaya's arrest
at the request of the Nlcaraguan gov
eminent when IL was learned that he
was here. To discharge him II was
,,V,,fgstnnar ShiplHa
withdraw the warrant.
The text of the message from the At
torney General was put in the form OF
a motion that Zelaya be discharged.
The motion is granted" said Com
missioner Shields" ''and the prisoner
stands discharged"
81 knew would receive Justice here"
said the man whom the United States
held responsible for the death Of Cam
non and Groce, two Americans exs-
cuted by Zelaya's orders in Nicaragua
in the revolution Of 1909. 81 am not
surprised.
Il am very thankful for the SYM
patty Of the American people" he
added Now that | am free l shall
came to this country to regulate. Then
| shall return To my family at BARGE
Iona. l expect to make my home there
for the rest OF my life"
While there were no conditions in
the agreement under which General
Zelaya was set at liberty, II was under
stood that Nicaragua withdrew the
murder charge on which It hoped to
cxtradite him with the understanding
that Zelaya would go at once TO Spain
and not NEEDLE in Central American
politics. Zelaya denied that he had
been freed under any such agreement.
but his counsel admitted that there
were provisions that would have TO be
kept Zelaya will not return to Spain
on December H. as had been an
nounced, however.
Zelaya, Galston and Edwin b. John
son. Xelaya's other attorney, left the
Federal Building Immediately after
Commissioner Shields revoked the war
rant. Galston went to his office, No. 40
Wall street, while Zelaya and Johnson
went to an uptown hotel for con-
ference and dinner.
At the Hotel Hargrave. where Zelaya
stayed after he entered the United
States, it was said last night that he
was expected there. His baggage had
never been removed from the hotel. 1t
was stated at the hotel that Zelaya
would return last night.
Washington, Dec. 3.-Zelaya will be kept
under surveillance by the Department OF
Justice until he departs from the United
States. which must be, according TO the
agreement which has been made, within
reasonable time" The State Depart
ment is to be the judge of this point.
His counsel have represented that Zelaya
Is III and that he may have 10 20 into
a hospital I'm New York for an operation.
This the State Department would permit
This statement was issued to-day by the
Department:
THE Nicaraguan Government having
withdrawn the application for the provi-
sonal arrest and detention of General
Jose Santos Zelaya, the Department OF
Justice has been 80 advised and the prls-
oner will released.
'It Is the understanding OF this Depart-
ment that General Zelaya will GO To
Spain and reside there; that he will nv>
go TO Nicaragua or Central America. and
that he VIII not engage in any political
intrigues or conferences against the peace
and quiet Of Nicaragua. The departmtnt
Is satisfied with this solution of the
matter"