Arizona republican., 1913-01-04
Writ of Habeas Corpus is Granted on Petition De claring Former Venezuela President is Illegally De- taincd on Ellis Island
HAD ENGAGED
 HIS PASSAGE
When Attorney Visits Him is Made to Agree Not to Suggest Anything Which Might Make Him Ask Laws Aid
ASSOCIATED PRESS pIspArcul


 NEW YORK, Jan. 3.-The federal courts were invoked today in behalf Of Cfpriano Castro. and d writ of Eabeas corpus was granted to bring him before | judicial tribunal which may determine the cause of his de tcntion in this port It is allegels in the application that the former president Of Venezuela is being il legally held at the immigration sta ton on Ellis island here. where he of a French liner last Tuesday and the court will be asked to sustain teh writ. and thus set him at lib erty The writ is returnable on January 10. before Federal Judge Holt who granted it today.
 Castro, immediately upon finding his right to land being questioned. bad decided to return voluntarily toi Europe and had engaged passage on the Steamer Amerika. sailing tomor- row for Hamburg. Today. however, as soon as he learned that the writ had been granted he cancelled his passage.
 The starting of legal proceedings to determine the status of Castro was d surprise for the former Venezuelan executive had apparently given up without especial regret his declared intention of paying this country sight seeing visit and had declared his desire to return to Europe as quickly as steamer could carry him. The proceedings. it was stated tonight. at the offices of George Cor don Battle. who applied for the writ grew out of q visit paid to Ellis Island yesterday by Harold A. Con- tent connected with Battles law firm. He reported to Battle who ad- Vised visit Content stated that af- ter talking with Castro he believed the Venezuelan was being held in violation of the immigration laws and that improper questions" were being put to him in an effort to make him commit himself and thus give speci- fife cause for detaining him. if that | proved necessary He then deterU- 1 ined to apply for the writ in the 1 interests of public citizenship" and 1 to endeavor to secure CastrOS re- 1 lease. As soon as the writ was pro- cured. messengers hurried to Ellis ls- l land and served Byron Ii. Chl, as- sistant Immigration commissioner with a copy of the document. The grant ing of the writ does not. the at | torneys understand. give Castro the 1 right to leave Ellis Island and he 1 is expected to remain under detention there unless other means are decided 1 upon to release him pending the final 1 disposition of the case
 i The petition asking for hearing | for Castro asserted that the attorney who went to see him yesterday was | granted permission to interview him l onlv on the condition that he would
 not make suggestions 10 Castro by l which the latter might make an ef | fort to land in this country. and when the lawyer gained access to the i Venezuelan he was accompanied by representatives of the immigration authorities who remained present 1 throughout their talk. It declared
 that Castro had informed the attor-
 hey that he had desired and intended | to visit this country for q period of about three months and still de- l sired to make such a visit.
 The petition also declared that be- l cause of the restrictions imposed up- on communications with Castro il | had been impossible to secure his l signature to the petition. The con-
 cluding paragraph declared that Cas- tro was being detained without the authority of law and in violation o1 the rights. privileges and immunities under the constitution and laws ol
 the United States, for the. reason that he was not within any of th'
 classes excluded by law from admis- sion to this country"
 on the date the writ is made ret
 turnable arguments will be heard ant the writ either sustained or rejected Ii rejected. the attorney intimatet
 that in all probability the case vii
 be appealed and carried if necessar1 to the United States supreme court.
 BURIED UNDER DEBRIS