New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-08
THE ITATA LIBELLED.
JUDGE Rosss DECISION IN THE ROBERT AND
MINNIE CASE.


Los Angeles. Cal. July Judge Ross. Of the United
States Circuit Court. yesterday dismissed the libel on
the schooner Robert and Minnie seized in connection
with the Itata episode Judge Ross In his decision
SAYS that there IS nothing show that the schooner
fitted ont for purposes of Commander Miguel
Temada. of the Itata, to-day officially notified the
Federal authorities that through the agency OF Admiral
Mccain he had returned to he tried
Washington, July SpeclaD.-A telegram was re-
ceIved at the Department Of Justice to-day from United
states Marshal Gard, at san Diego, Cal, asking in
strcons as to his in regard to the Itata In
response, the Acting Attorney General telegraphed
United states Attorney Cole, at San Diego to libel the
vessel at once and turn her TO the Marshal by due
process of law. BY special arrangement with the
Navy Department the vessel will be transferred to the
custody of the civil authorities Immediately
The action of Judge Ross, of the United states
Circuit Court at Los Angeles, IN dismlssng the libel
ON the Robert and Minnie Is observed with interest
in Washington. Those who have had To do with the
Itata case, In which tho Robert and Minnie was an
incident, DO not accept tho finding Of the court as
q nreoedent for the defence Of the Itata, which is
reported 10 be ready for trial. The acqutal Oh upo
Itata would not necessarily mean condemnation OF
the action Of the United States government III ~
turning 10 tlse custody Of the courts an escaped
prisoner who WIS awaiting proper trial. The ltata
was originally seized on jusabe suspicion, ana inc
couts were 10 decide whether her presence al an
American port was a violation OF neuttadOS Ia"
The vessel was placed In the custody OF an olhcel
rcpresenting the courts and in breaking alTest Weh'
so far as to CORY off that representatives an unrd-
NJ proceediug The United states Government, ap-
u,eoatiDg the unusual nature Of the circumstances
which involved international as well as dOueSuc
law attempted the capture of the Offenders "nc'
a-t.rnpt ended IN the surrender of the vessel
This attempt On the part Of the Government a'
Washington sufficient evidence OF It's lh'cuuoli
faithfully 10 fulfil It's obligations OF neutrality IL
wa, M assertion of It's policy In matters Of such d
nature that seemed proper at the time ana was
Justified later Whatever part the Robert and hlnho
have played in the episode whatever responsibility VI
lacI, of responsibility may be ascrbed TO her. uer0
cam he no question: it is held by officials and others
who have studied the subject as to the part plSyeu
nv or the responsibility of the Itata. she was IT,
o-,,dnd nv tho Balmaceda Government the recoghi1ou
Government of Chill, as hostile. The vessel WIS
loown 70 have visited this country for the purpose
~ increasing the efficiency Of the Gillian Insurgents
ord the official notification from tile BaGnaceda 6oVe
rent al such visit and such purpose made te SeAu'o
M the Itata not only warrautable but necessary,
THAT the revoutiOnstS appreciated ulc ueele tvo
nature Of the was shown In tfe fOrclpo u 90 tiS
~ arrest The right to seize assentcd 10 o V1S
mart of the GILLIAN Government, the denGiMs ~ u
n~ntrallty cOuntenanced the course, ana ule IaiL
tsnanco of National dignity required IT. me vtsso
T. stmpy returned to the status which she ned UeIolo
her escape from san Diego. The interruption naS
boon 10 The loss Of the revolutiOnlst VINO cct
viii gain nothing even though the ltata DC Scqu'''oi