New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-04
NM HOUR WRIT HA[TS
DEPARTURE OF CASTRO
jc.oroe Gordon Battle Petitions
Iudqe Holt for Habeas Corpus,
ReturnabIe Friday.
WAS READY TO SAIL TO-DAY
n.neral Had Valises Packed,
Unaware of Two Attempts
by Friends to Get Him
Into United States.

While General Cipriano Castro, Vene-
.,s,a's onetime dictator, was conjurins
m . dramatic resignation at his inabil-
g., IN shake the hand of this fair land of
~. free and was packing his valises yes
to-day afternoon preparatory to depart
ing fron, Ellis Island for Germany to-day,
George Gordon Battle, Wall Street law
YER was petitioning Judge Holt in the
FEDERAL Court to grant writ OF habeas
corpus for Castro.
Judge Holt signed the writ. and its
service on Byron II. Uhl. Assistant Com
missioner of immigration, made 1t posi-
in. for the little general to postpone his
departure from these shores until Friday,
and indefinitely. i'm case the instrument is
then confirmed.
Other steps 10 help the detained dicta-
,or 10 land were taken on Thursday. ii
developed Yesterday, but for some reason
they went awry. The moving spirit In
This instance was the Rev. Samuel F.
IGordano. pastor of the Iglesia Evangelical
Espahola. VINO, though he had never seen
the banished South American. took pity
on him because he was of Spanish ances-
try. Mr. Gordiano made a trip to the
island on Thursday as told in yester
DAVIS Tribune. in company with Cassidy
Cook. an attorney, of No. 80 Broad street.
/ II was his intention he said last night,
TO offer what help he could to General
Castro, while Mr.. Cook stood ready 10 Sc
cure habeas corpus writ. if the general
40 desired As a friend of Commissioner
'wfsms. Mr.. Gordiano said. he made the
| trip to the island in the Commissioners
private launch. and was Hospitality re-
ceived in his office. He sent his card TO
! the general by messenger. he said, but
at the end of an hour the messenger re-
turned with the information that Castro
would not see him.
Mr. Gordano was at first inclined To
think that he had been treated rather dis
courteously by the general. but later de.
yelopments led him TO believe that per
haps the general had never received his
card. At any rate. he said. his effort %
W VI d>SlSloilNt anu Ht was Sidu
20 learn that Mr.. Battle had met with
greater success.
Moved Solely by Public Spirit.
The motive which led Mr. Battle To
seek the writ from Judge Holt was one
Of public-spirited citizenship, nothing
more. according TO the statement made
by his assistants last night. The lawyer
was as much of stranger to General
Castro as the clergyman, and ii was only
his belief that the Venezuelan had rot
been given a square deal which led him
to appear in the proceeding. Holding that
the detention of Cipriano Castro was
without authority of law and in violation
Of his rights, privileges and immunities
under the Constitution Of the United
States, for the reason that he was not
within any Of the classes excluded by law
from admission into this country. Mr..
Battle determined at the last minute
that il was his duty to be sure justice
was done.
z His act was as much of surprise 10
The general as II was TO the immigration
authorities. Castro was completing by
ing on the Hamburg American liner
Amerika this morning when Harold A.
Content Of Mr.. Battles Office. arrived at
the island on chartered tug and served
fhe paper on the Assistant Commissioner.
Expressing his gratitude for this mani
fesatIon Of interest in his humble affairs
IN a burst Of eloquent Spanish, the gen
eral cancelled his passage on the liner
and prepared to sit tight for the struggle,
Though Mr.. Battle appeared Vas petit
toner, IT, Snowden Marshall, OF the same
Law firm. was the attorney in the pro-
ceeding. II was explained al their office.
No. 81 Wall street, last night that the two
members Of the firm appeared as indi-
rduas for the reason that the senior
partner. Senator O'Gormsn. could not
take any part in an action against the
government.
The information on which the petition
was based was obtained by Mr.. Content,
son Of Harry Content, the Wall Street
operator who ran for Assemblyman ak
the last election. He journeyed to me
island on Thursday. and. after long
argument with Commissioner Williams,
was finally permitted to see the general,
being the only man. besides the news
paper reporters. who was granted that
privilege.
Superintendent Present.
lie told of his actions last night, say
ing in part:
when I called yesterday Commissioner
Williams said that General Castro was de-
tanned pursuant TO the regulation OK the
immigration authorities. which holds that
when any aliens right to land is not clear
beyond doubt he shall be detained for
special inquiry.
After that l had an interview with
General Castro, aided by an interpreter
and In the presence of the Superintendent
Ct Ellis Island. General Castro told me
that II would crafty very dear desire
OF his TO be able to visit the Unittd States.
II was not his intention to take up his
residence here, but merely to have a look
a. this great land OF freedom. The inter-
view was very short.
when communicated my interview 10
my associates we decided upon habeas
corpus petition. The petition contains the
formal statement that he is detained with
cut tust reason that he desires to be per-
mitted to land and that neither General
Castro nor his attorneys believe that ne
comes within any Of the classes that are
Excluded under our immigration laws.
The writ 10 not returnable until next
Friday. the regular day for motions In
the federal court In the mean time 1t
acts as q stay to any deportation order