The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-11-04
NOT GUILTY.
erdiCt Of the Jury in The
Itata Case.
lmmaTy Of the Points Decided by the
United States District Court
Finding Of Judge ROSS-The Statutes Not
Violated The Defendants Dismissed.
Effects Of the Decision.


Los ANGELES Nov. 3.-Judge Ross OF the
United States District Court to-day granted the
lotion OF defendants, George A. Burt and RI
,ardo Trumbull under TRIAL for fitting out The
tata, to instruct the jury to bring IN verdict
I"noy gully" The opinion of the Court is
ngthy, being over twenty-five pages in extent.
\ summary OF the points decided is as follows:
The indictment charges defendants with fitting
.ut and aiming a vessel; with attempting 10 do
o; with increasing the arms tn reof; with fit
ing OUT military expedition; all TO operate
EIinst Chile, nation with which the United
tales was and is at peace. The arms were ! Ut
based In New York III the ordinary course OF
rade, and Trumbull shipped them 10 this coast
sud engaged Burt 10 accompany them on board
lie schooner Robert and Minnie 10 the Itata.
4pon which vessel they were finally placed. The
acts introduced by the Government not
-ontroverted by the defense, and were taken for
d Tanted. The United States never recognized
he msui gents Of Chile as beliigerents, snd The
court says that The very terms Of the statutes
.rlled on for conviction lmuiy that the military
X edition or enterprise thereby prohibited are
~uch as originate within the limits of the uited
Ia,es, aud are TO be carried on fro
his county. II there was any mill
was set on foot IN Chile, and
vas 10 be carried on In Chile and not in tie
United States. The sending of a slip 10 this
country t. TAKE on board arms and ammunition
uEchased In This country 10 carry them back
Chile IS not beginning, settling on foot pro-
sidng or preparing means for any military en-
serptise within the meaning of Section 52S6 OF
he Revised Statutes The court cites decision
II Justice Story OF the Supreme Court, rendered
guon the act OF 1894. which was incorporated
-pto the present statute. That statute prohibit
ng the hitting out, etc, did not apply 10 any new
Government unless It had been recognized by
lie United States or BY Tue Government Of The
eCuntIy 10 which such new country belonged,
and that a Iiea which set up forfeiture under
that CT IN fitting out ship 10 cruise against
UGH new State must aver such recognition or
Il Is bad. In the case Il bar no such recognition
vas alleged or In fact was given by this Govern
ment On these points tile motion OF defendants
WAS grant and defendants dismissed. This
Ni have the effect also Of diSmlsSing the cases
against the AIMS aud the vessel Itself.
The opinion was then formally ned by Clerk
owen. who handed \ form containing verdict
If acquital 10 the jury, which remained seated.
Foreman George b. Griffin then attached his
signature 10 The rdct returned II 10 the CLERK.
Hbo read II aloud ana lied II. The defe uddHts
we're formally discharged by the Court, TIVE july
excused until tomorrow morning and the famous
case was over.
IeT cargo Of 1000 cases OF aims and ammunition
were then called and partially tried. The main
lIHereHct between these and Tie neutrality case
IS mat Tie former viii be submitted upon The
esIimUny for the defense, While the Latter was
decided upon that for The prosecution. BON. 5.
II. White proceeded TO read TO the Court
curing tie morning session some OF The depOsl-
iiUns taken before The Commissioner few
weeks ago, but on recouvrning AT l O'Clock In
she afternoon The Court Int rrupted G. j. Denis,
Who was on The point Of resuming, aud in
!ImatCd that II was entirely unn cessaTy for
counsel 10 proceed further with the reading. as
The Court would peru>e them carefully II sub
ni ted. wHersupOu The dispositions were offered
and submitted 10 the Court. who tEeTeupOn con-
Timed both cases until 1880 O'cloch tomorrow
morning, when they viii IN all probability be
-ubmit,ed upon briefs. lis generally conceded,
however that under the ruling OF The Court in
lie neutrality case, both libel suits will ultl-
mAtely br dismissed.