Evening star., 1914-02-21
Holds Action justified.

-eadquarters:
The attention of the commanding gen
eral Of the division of the north having
seen drawn to the published reports III
respect Ia the recent execution of William
4. Benton, he desires il known that the
action of the authorities In that case was
entirely justified by laws and usages of
war 80
Under article 81 of general order 100
sDr the government OF the armies OF the
United States in the field. 1t is provided
that armed prowlers' who come within
he lines of the army OF occupation Win
hostile intent are not entitled 70 tne
privileges of prisoners OF war. Afucie
IS provides that persons within occupied
territory who employ violence toward the
esta Siished authorities are subject TO the
r,enaity of death. whether they arise
singly or in numbers
Given Military Trial.
There is absolutely no doubt but that
Benton q Huertista sympathizer and
murderer of Mexican citizens, deliberate
" attempted an act Of violence against
the person and life of the commanding
general and for that reason, in accord
;1nce with the laws and usages OF war,
he was tried by military TRIBUNAL. con-
stituted for that purpose. and execuseo
pursuant TO its sentence, a proceeding
sustained by American and european
precedents.
Gen Jackson in 1918 hung two British
subjects Arbuthnot and Amorister, FOR
having given aid and sympathy to hostile
Indians in Florida Cen butler nuns
Ilumford at New Orleans in 1s62 for
merely hauling down an American mas
from over the custom house, and Two
Years later Kennedy was huns py the
United States military authorities In New
York because of his completely III piot
70 set fire to that city.
What was justidabie under marital law
in the [ nted States then is certainly
iustifiable under martial law IN MsAlco
now. The fact that Benton was a brle,
;sh subject has no bearing on the iesai
aspects OF the case, as under interna-
tional law the alien is as amenaoie 10
martial Law as the citizen.
Officials Are Silent.
Administration officials would not today
discuss the resolutions adopted by mass
meeting at FL Paso yesterday crluclsihs
the administration for its Mexican policy
and practically calling for Intervention,
,,,1t II was suggested that former Gov
curry of New Mexico appeared to have
engineered the entire meeting, and was
the leading spirit. accounting, III a i1' &c
measure for what took lace.
Mr.. Curry was Rough Rider under
2ooseveIt becoming a captain; went TO
t1e Philippines upon Roosevelt rec
ofnmendation, was brought back from the
Philippines by Roosevelt and nade GOV,
trnor of New Mexico and was atterward
elected delegate from the territory: re-
manning in Congress until defeated by
democrat He was recently a canoloate
<or appointment on the Philippine com
mission, but did not land
Wants Intervention.
Curry for years favored intervention IN
Mexico, having pronounced and unfail-ns
views on that subject.
He not only favors intervention. put
wants the United States to take the upper
half OF Iexico and join 1t to the states
leaving the lower half and most of the
mosquitoes 10 the Mexicans- He IS per
fectly frank IN his program. Politically
he Is a follower Of Roosevelt. and when
not doing that is q republican Ihat ne
would not be in love with the policy OF
a democratic administration. under all
circumstances. was merely referred 10
today as indicating part OF his motives
Constitutionalists Waiting.
The constitutionalists do not intend to
take any action looking to the extra
dition Of Castillo. the bandit now in the
custody Of the military authorities at Fort
Bliss. until the situation. in diplomatic
sense. has become more clarified, accord
ing to advices received here. Castillo is
tunnel at Cumbre two weeks ago and
causing a number of Americans and
constitutionalist Mexicans to lose their
lives.
1t is understood that the constitution
ahsts here fully appreciate that their
government is not recognized as de facto,
and that. therefore, the department. of
state could no.. at present. treat with
II respecting matters of eXtradition-
Even should the department decide TO
honor an eXtradition requisition on the
Part OF the constitutionalist government
Castillo could very easily avoid extra
dition by suing out writ Of habeas cor
pus on the ground that no extradttion
treaty exists between the constitutional
tst government and the United States
While the couStitutionallStS are con-
yluced that they cannot under the
cXisting order Of things have Castillo
delivered 10 them. they express the
'iupe that il the event it becomes
necessary to discharge him from mill
rary custody for want of having COM
rnitted any offense in the United states
the imm! grafton authorities VIII I'M
nicdiately apprehend him and cause his
deportation to Mexican territory as an
';ndesirab!e alien.
Castillo a Federal Prisoner.
The theory that the Governor Of
Texas might honor requisition from
tie provisional governor OF the state
~ Chihuahua j. said TO be exploded by
reason of the fact that Castillo is a
federal prisoner, and the state of Texas
therefore has no jurisdiction over him.
II is said that Castillo VIII probably
he detained as military prisoner until
Tpe war - over, and will then be de-
liTcred to the new government, when
The latter is In d position to be recog-
Hized
NJ the constitutionaIist confidential
agency here today an emphatic denial
was made of published reports from
Mexico City that Gen. Felix Diaz had
cast his lot with Gen. CarranZa The
: aid and support Of Diaz il was ex-
Uiained. would not be accepted under
ANY circumstances. and II was said
mat II Dtaz. Nondrasaon Rodolfo
);eyes or any Of the group who partici-
l';ated in the overthrow of the constitu-
ttenal government last year We're found
II Mexican territory they would i'm
ilediatsly be subjected to trial by d
military commission.
ATTACKS T0RREON at nNrE