The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-11-05
TIE EyD OF THE IrArA CASE

TIE EyD OF THE ITATA CASE
The Grounds on wh,eh Juaee Ross Holds
That She Comnittes No Violation OF Our
Neutrality Laws.
WASHINGTON. Nov. THE outcome OF the
trial Of Mr.. Richard L. Trumbull and Mr..
George 4. Burt on the charge Of violating our
neutrality laws may have been somewhat
foreshadowed by the recent release OF the
ltata. on bonds. TO 60 about her ordinary
business At all events. It cannot have been
great surprise. after the previous decision In
the case Of the Robert and Minnie. delivered
by the same Court
The latter vessel. an American schooner.
had taken aboard a cargo Of arms and ammu-
pition for the Gillian insurgents. which che
had agreed to deliver to the Itata at rendez-
vous on San Clemente Island. She was seized
after having carried out this agreement and
was libelled for an alleged breach OF the neu-
trality laws. in having taken part in lifting out
hostile expedition in our ports against
State with which our Government was Mt
peace Judge Ross. in tho United States Cir
cult Court. dismissed this libel. holding that
tho Robert and Minnie was not fitted out for
purposes Of war. and could not be regarded as
forming part OF a military expedition.
With this decision as to the American vee-
sci. there was good ground for expecting that
II would be repeated in regard to the Gillian
1t is true that the former was more distinctly
a merchant vessel. since the latter had become
an insurgent transport. But it seemed lair to
suppose that II the Robert and Minnie COM
mitted no violation OF our neutrality laws In
turning over her cargo 70 the 1sata- the latter
could not have com mitted such o violation In
receiving Thorn. There is no such distinction
between buying and selling. or between con-
signor and consignce. either in the language
or spirit Of the statute
Judge Ross. however. in his earlier decision.
made about four months ago. was at the pains
to intimate that his dismissal OF the case
against the Robert and Minnie did not imply
that the Itata could not be held for violation
Of our laws. And. since he had almost gone out
Of his way to make that statement, there was
more or less doubt about the more recent case
In now granting tho motion OF the defendants
TO instruct the jury to bring in . verdict OF not
guilty against Messrs Trumbull and Burt the
Judge is quite as positive regarding the ltata's
freedom from breaking the law as in regard to
the Robert and Minnie. Mr.. Trumhull had pur-
to oassns near :! San s While Burt had
been engaged by him to accompany them on the
Robert and Minnie for delivery to the ltata
had been Joined with them as defendant In this
suit: but after the Government had stated
ssi did nS % ne Bs
pedSn ssaa set ae on oot ~ the IN
ment t Of ARMS could if be Described ss military
expedition at all. it originated in Chill and not
and sendnS Vessel to take ei IN
a military expedition.
regarded as one favorable TO American COM
mcIce In guns and munitions, and American
SsW me T s ease
the e' case 0 81 the City .. Mexico. which was
msar 19t supplies New orI to
the possession OF Col9mbian insurgents. The
voyage was one OF peace:
Tho s;atate is directed solely against watlfe enter
hIa s sesu az sss e
Or a aGs
sss 81 efSp ses
mittsd or participated IN By the ship h.neL
The case 81 the Itata IL not identical with the
It IN the fact that this vessel was also bound
for port in full possession Of insurgents. and
by Secretary Tracy show that our navy offic
at least were not to treat vessel as pirate
Was not act to receee such
e. the RoS and Mpne hsd the M rghtt
having its cargo seized in transitu by BalmG-
ceds's cruisers. and precisely for that reason
she was apparently relying on having the Es-
meralda act as her coIsort
Whatever views may DO taken OF this decl-
sion Of Judge Ross there can be no doubt that
It practically disposes Of the case against the
Itata and her cargo. as well as the case against
not afYect, the conduct Of the United States in
sending the Charleston to demand the sur
render Of the Itata. That craft had committed
very gross violation Of our port regulations
under Circumstances which required that the
Junta in whose service she was employed
should make iull public reparation: The only
the port from which she had run away. SO that
the law might take its due course: This was
done by the voluntary surrender OF the Itata;
and the present outcome Of the case Is pre-
sumably what it would have been had the yes
sal remaiL ed quietly at San Diego to await the
decision OF Judge Ross at that time. instead of
Unlawfully breaking away from custody.