Los Angeles herald., 1891-10-26
THE SAN DIEGO WAR.
CHARGES AGAINST COLLECTOR
BERRY'S OFFICIAL ACTS.
Tom" Gardiner, of the Union, Files an
Answer to Collector Berry's Complaint.
Official Malfeasance Alleged-The Itata
Chestnut Again.

The San Diego libel cases have taken
a new turn. AS printed some time ago
in the HERALD, Mr.. Thomas Gardiner,
the manager of the San Diego U MON,
accused Hon. John r. Berry, the collec-
tor of that port, OF contributing often
sive articles to a weekly paper called
the Clipper. Mr.. Berry replied by fling
a libel suit for $4,000 against the
Union. Mr.. Gardiner, in yesterdays
Union, publishes his answer to the COM
plant. 1t admits the publication of the
matter on which Mr.. Berry foundedihis
complaint, and claims that all the state
ments about him are true.
The serious part of the answer, how
ever, really forms charges against Col
lector Berry's official integrity, and also
brings up the worm-eaten Itata chest
nut.
AS the sixth item OF his defense, Mr..
Gardiner asserts as follows:
"That before the publication of said
article, as the defendant is informed
and believes, the plaintiff had been
guilty of malfeasance in his said office,
duties imposed upon him bv law, had
connived at and aided the violation of
the laws of the United States that he
was by his official oath bound to enforce
and protect, had used his influence and
official station to shield criminals against
the laws of the government from detec-
ton and punishment, and to this end
had purposely and corruptly concealed
from the United States marshal of this
district the means whereby he and his
deputies might, but for the interference
and violation of duty on the part of the
plaintiff, have detected said criminals
and brought them to Justice. That as
this defendant is informed and believes,
the plaintiff has corruptly permitted
and connived at the smuggling of goods
from the republic of Mexico into this
country in violation of the laws of this
government and in disregard of and in
violation of his official oath and duty,
and has eorruptly and in violation of his
oath Of Office used his means and in
tiuence to prevent the marshal of the
district from detecting these violations
of law and bringing the perpetrators
thereof to justice, and has allowed and
connived at the smuggling of Chinese
into this country in violation of law.
That as this defendant is informed
and believes, on the Sd day of May, 1891,
there sailed into the harbor of San
Diego, which is within the plaintiffs
jurisdiction as collector of the port of
San Diego, certain steamer known
as the 'Itata'
That it became and was the
official duty OF the plaintiff, as said col
lector of the port, to cause this vessel to
be thoroughly examined, inspected and
searched, to ascertain what she carried
on board, but that he purposely avoided
making such examination, inspection
and search, with view not to discover
any arms, provisions or other things
improper to be brought into this port,
but purposely acted in the interest of
said insurgents and the commanding
officers thereof, and corruptly and will
fully attempted to conceal the true char
acter of the vessel and her cargo, and to
prevent the marshal of the district and
other proper officers of the government
from discovering her true character"
These are charges. if true, sufficient
to cause Mr.. Berry's discharge from Office,
though exactly what they have to do
with the original case is not plain. They
indicate the bitterness of the fight. 1t
seems to be war to the knife among
the newspaper men of Baynclimate; if
they keep on in the way they are going,
something will have to drop. They are
fighting themselves, fighting the rail-
road company. fighting Los Angeles,
and are between rounds waiting for the
boom.