Los Angeles herald., 1891-11-04
DISMISSAL.
The Legal End Of the Great
Itata Blunder.
Senator Trumbull and George
A. Burt Acquitted.
The Points of the Decision Rendered
by Judge Ross.
A Carefully Prepared Opinion Which
should End the Itata Fiasco at
Once-The Opinion
in Brief.

.cardo Trumbull and Geo. A. Burt for an
alleged violation of the neutrality laws
in furnishing arms and supplies to the
steamer Itata yesterday returned ver-
diet OF not guilty, in accordance with an
opinion and instructions by Judge Ross.
Testimony in the case was introduced
last week by the prosecution, and upon
the governments attorneys announcing
their case in, Hon. Stephen M. White
OF counsel for the defendants, offered a
motion to instruct the jury to acquit,
which was taken under adyisement by
Judge Ross after two days of argument.
In his opinion, which was read in the
United States district court yesterday
morning, Judge Ross sets forth the
eleven counts contained in the indict-
ment filed against the defendants, and
cites the sections Of the statutes alleged
to have been violated.
He also sets forth the facts in the case,
reciting the seizure of the ship by the
insurgents early in January, the visit of
the defendant Trumbull to this country
and the purchase of the arms and am
munition IN New York; the chartering
OF the schooner Robert and Minnie an |
the transfer OF the arms from the latter
vessel to the Itata off the island of San
Clemente; the escape of the Itata from
the harbor of San Diego and the state
ment OF the soldiers and cannon seen on
board were gone into at length.
''No evidence was introduced tending
to show that the Congressional party
ever received any recognition OF any
character from the government of the
United States until September 4th,
when it was recognized as the estab-
lished and only government of Chile.
But since the argument and submits
sion OF the motion the counsel for the
United States have called the attention
OF the court to the following facts fur
nished by the respective departments,
to-wit: On March 4th, the secretary OF
the navy cabled Admiral McCann 'to
proceed to Valparaiso and observe strict
neutrality and take no part in troubles
between parties further than to protect
American interests.' On March 26th,
the secretary of the navy cabled Admiral
Brown, who had superseded Admiral
McCann, to abstain from proceedings in
nature OF assistance to either, that is,
the Balmaceda or Confessional party
that the ships of the latter were not to
be treated as piratical 80 long as they
waged war only against the Balmaceda
government On April 25th Sec
retary of State Blaine cabled the
American minister: You can act as
mediator with Brazilian minicter and
French charge d'affaires;' on May 9Th,
Minister Egan cabled this government:
Government of Chile and revolution
lists have accepted mediation of the
United States, Brazil and France most
cordially; those of England and Ger
many declined On May 7th Acting
Secretary of State Wharton acknowl-
edged the dispatch of Minister Egan
and expressed hope that through COM
bineG efforts of the governments in ques-
tion the strife which has been going on
in Chile may be speedily and happily
terminated;' on May 18th Acting Sec
retary OF State Wharton cabled Minister
Egan that .'French minister reports
threats to shoot insurgent ENJOYS by
Balnaceda, and directed that they
should have ordinary treatment under
flag of truce
The counsel for the United States
concede that they are insufficient to
justify verdict against the defendants
under either of the counts that are
based ON section 5285 of the revised
statutes. 1t seems to me the same thing
is equally true in respect to those counts
that are based on section 1886. The very
terms OF that statute imply that the mill
tary expedition or enterprise thereby
prohibited are such as originate within.
the limits of the United States and are
to be carried on from this country.
But Il think it perfectly clear that the
sending of ship from Chile to the
United States to take on board arms
and ammunition purchased in this
country and carry them back to Chile is
not the beginning, setting on foot, pro-
viding or preparing the means for any
military expedition or enterprise within
the meaning of section 52S6 of the re-
vised statutes.
There remain for consideration the
four counts of the indictment that are
based on section 5238 of the revised sta
tutes.
'.The first of these, as has been seen,
charges that the defendants, on the 9th
day.of May last, at certain designated
place within this judicial district, un-
lawfully fitted out and armed a certain
steamship called the Itata, which was
then and there in the possession and
under the control of certain citizens of
the republic of Chile, known as the
Congressional party, and who were then
and there, in said republic, organized
and banded together in great numbers
in armed rebellion and attempted revo-
luton, and carrying on war against the
republic OF Chile and the government
thereof, with which the United States
then, and at the time OF the finding of
the indictment, were at peace, with in
tent that said ship should be employed
in the service of the aforesaid Congress
sional party, to cruise or commit hostili-
ties against the then established and
recognized government Of Chile, with
which this government then was at
peace.
"The second count charges that the
defendants at the same time and place,
attempted to do the same thing
the third count charges that
at the same time and place,
they unlawfully procured the same
thing to be done; and the fourth, that,
at the same time and place, defendants
were unlawfully and knowingly con-
cerned in the furnishing, fitting out and
armlng' OF the Itata, with intent. etc.
IL IS contended on behalf of the de-
fendants that section 1888 has no appli-
cation to this case, for the reason that
the people designated in the indictment
az the Congressional party do not con-
d In "A 4