Los Angeles herald., 1891-09-11
IA IA, lTATA.
She Will Probably Soon Sail
to Chile.
The South American Steamship
Company Claim Her.
A Comprehensive Answer to the Libel
Filed Yesterday.
Attorney William Goodrich of New York
Appears on the Scene-He Scores
Number of Good Points.
His Answer in Full.

Attorney William Goodrich. of New
York, as proctor for the Compania Sud
Americana Vapores, the new claimants
for the libeled steamship Itata, mas
filed his answer to the information OF
libel, in the United States district court.
1t is general denial OF all the allie
cations of the libel, and, as a>iurther
reason why the steamer should not be
confiscated, sets up the following de-
Tense:
"The claimant for further defense
alleges that no lawful seizure of said
steamship Itata in any waters of the
United States was ever made by the
United States, or by the president or
any department of the government, or
by the United States marshal of this
district, nor were any lawful proceed
lngs taken for the purpose of OBTAINING
or taking possession thereof.
"That, as the claimant is informed
and believes, after the 9Th day of May,
1891, and after the alleged violation of
the neutrality laws of the United States
by said steamship Itata, and without
any LAWFUL SOlIui0 bueTOOl, JD6 Sdlu YES
sci left the jurisdiction and territorial
limits of the United States and went to
the port of Iquique, in the republi: of
Chile, and that on or about the - day
of June, 1891, at said port of Iuuiuue
and within the waters thereof and with
out any legal right or authority. the
vessel was compelled under duress and
violence to surrender herself to the
United States man-of-war Charleston
and her officers, and that the officers of
said man-of-war unlawfully and by force
of arms seized and manned her in said
waters and brought her to San Diego, in
the state OF California, and that after
she was thus unlawfully brought into
the territory and jurisdiction of the
United States the proceedings in this
action were instituted and the said ves-
sci was unlawiully seized that such un-
lawful seizure of said steamship Itata,
within the territorial limits of hile.
and bringing her into the United States,
is and was violation of International
law and the laws of nations and the law
of Chile, and conferred no right upon the
United States and it's government or
jurisdiction upon this honorable court,
and is and was wholly unauthorized and
illegal and cannot be made the basis
| for the seizure of said steamship by the
United States or any department and
officer thereof, or by the United States
marshal of this district, and confers no
right OF action on the appellant or juris-
diction upon this honorable court.
"The claimant further alleges that
the said steamship was built by the
claimant for the purpose of being used
in its line OF transportation steamers
between ports and places in the repub-
lie Of Chile and other ports, and had
been so used for many years prior to
the year 1891. That while the said ves-
sci was engaged and employed by the
claimant in her business as aforesaid,
and on or about the 10th day of Janu-
ary, 1891, she was violently and by
force of arms taken out of the posses
| sion of the claimant, without its con-
sent or COLLISION, by an armed force at
Iquique, in the republic of Chile. That
the claimant has had no part or partici-
patton in or knowledge of the subse-
quent alleged unlawful use of said
steamship, her tackle, apparel and
furniture and that such use, if any there
was, was unknown to it and against it's
wishes and the wishes of it's officers,
stockholders and agents, and was accom-
plished by duress and violence, and that
the said vessel ought not, in justice and
right to be forfeited, and the claimant
deprived of its property by reason OF
any unlawful acts committed as afore-
said under duress and violence and with
out its knowledge, privity, sanction or
desire.
The answer prays that the vessel be
released by the marshal, and that the
claimant be allowed its costs and dam
ages for the detention of the vessel
Chas. r. Flint, of New York, agent OF
the South American Steamship COM
pany, appears for the claimant and
swears to the answer.
Marshal Gard was yesterday formally
notified by the United States district
attorney that the attorneys for the de.
Tense in the case of the United States vs.
Trumbull, Burt and O'Farrell had agreed
to continuance of the case till Septem.
Der Goth, and the marshal was instruct
ed to so notify all witnesses.