Los Angeles herald., 1891-05-13
The Marshal Makes a Com
plete Statement.
He Denies the Stories Sent Out
by Berry.
The 1tata Was Armed But No Search
Had Been Made.
The Marshal Acted Always In. Obedienc 9
Co His Orders-What He Did and His
Reasons-A Straight Statement.


John r. Berry has been credited with 6
number Of statements about Marshal
Cards action in the Itata matter which
Marshal Gard asserts are baseless. Mr.
Berry, it seems, has been masqueradine
as the special correspondent of the
Times OF this city, and the dispatches he
is credited with sending have been any.
thing but friendly to the marshal
Major Gard yesterday made statement
which, if sustained, will place the entire
blame for the Itata's escape on Collector
Berry, and show that official has been
derelict in his duties. Marshal Gard
spoke as follows of the matter:
II do not propose to enter into any
controversy with the special cores
pendent Of the Times from San Diego.
j. r. B. as he signs himself, but it is
perhaps due myself and my friends to
make a statement in reference to his
assertions.
I'm the first place have never made
use OF his name in any derogatory way
in this incident, until 1 read some
OF his recent communications, in which
he not only misstated facts, but tried to
hold me up to ridicule.
BERRY states that he met me on the
train on Tuesday, and asked me if was
going to San Diego on the Itata matter,
and that l replied that was not. This
is the only fact in his statement. When
l started for San Diego, had only in
view the seizure of the Robert and Min
ME. After arriving, / received a dis
patch, stating that might be called
upon to seize the Itata. That was my
first knowledge of that matter.
THE question of my boarding the
Itata with soldiers, or disabling her
machinery for the purpose of holding
her, was not to be considered under
the instructions l was working under.
The point is made that permitted the
Itata to keep her fires. Why, it was
known to everybody, and is not denied
by the customs officers that these Of
ficials had pronounced the ship all right,
and had given her permit to load coal
and cargo, therefore she had to keep her
fires up TO work her derricks for load
ing.
at has always of late been question
in my mind, if as Mr.. Berry said he had
no knowledge of any suspicious facts
about the Itata, why he should ask me
at that time if was going down after
that vessel.
'There is not single word OF truth in
the statements made that enjoyed q
continual round Of feasting and drinking
with the officers of the Itata. In the
presence of four visitors to the craft, l
took one glass of sherry with the cap
tain, and at my invitation he went
ashore and dined with me. 1 never was
aboard the Itata afterwards.
"Words have been put into my mouth
referring to the deputy carried off by
the Itata, If they play bean poker,
Spaulding will own the ship before they
get to Panama A remark similar to
that was made by Mr.. Morse, but not by
me.
"The statement about my sighting the
Robert and Minnie, off Coronado island,
and being afraid to board her, is simply
nonsense. The fact is that the schooner
was sighted by us near the north end of
Coronado island, which is three miles
below the Mexican line, she was then
on southeast tack; and was further
than three miles in Mexican waters,
where instructions positively forbade
me seizing hei. Besides this, she
ran fully twelve miles off the coast,
which distance is also outside my juris-
diction. Later 1 received instructions
giving me greater latitude, and went
out but failed to find the schooner, and
while was out the Itata sailed.
"Now about the armament of the
Itata. Mr.. Beal, the boatman at Bal
last point, stated in the presence of four
men, besides myself, that he saw large
number of armed men on the Itata,
and that when she passed his boat, the
men were placing in position a six
4 - a l,txr rrso
deck. Four other men, who were on
dredger, all agree that when the Itata
passed them, there were at least 100
men in uniforms standing along the rail,
all armed with rifles, and the men were
chez ring, and that a ten-inch cannon
was being hoisted, carriage and all,
from the forward hatch. Two of these
men saw the cannon already in position.
This corroborates Spaulding's story,
which is also substantiated by Pilot
Dill's statement. Dill, who understands
and speaks Spanish perfectly, states
that he heard the officers talking about
the thirty-eight prisoners they had be-
low, and about six forty-pound cannon
at that time in the hold.
"I do MT care to discuss the matter
any further in the papers, but simply
want to reiterate the fact that acted in
perfect accordance with my orders from
the department OF justice, and that
shall make my report to that depart
ment.
''Subsequent events have established
the TACT that Captain Silva de Pamo of
the Itata said to both Pilot Dill and my
deputy: The life OF nation hangs on
the success of this venture;' hence it
is reasonable to suppose that if l had
gone beyond my instructions and at
tempted to hold the Itata by force of
arms, that it would -have been futile
and only have caused terrific loss of
life.'
1t seems that there were only fifty
three soldiers, officers and all, at the
San Diego barracks, and that the force
on the Itata outnumbered them two to
one.
The curious thing about this affair is
how Deputy Collector Higgins searched
the Itata without finding any sign OF
ten cannon, thirty-eight prisoners, two
howitzers. 100 men and their arms.
Queer, is it not ?
WIGGINS BACK.
-xxrIA IT. rYod - CO.. Aho,,t ~, 4. n~,oora