Los Angeles herald., 1891-07-08
Judge Ross Decision Creates
Disappointment.
Probable Failure of the Libel
Against the Itata.
The Vessel Ordered Into the Custody
of the Civil Authorities.
She Will Be Released on the Payment
OF $500 Fine and Reseized by
Marshal Gard-Insurgents
Marching on Santiago.
Associated Press Dispatches.

Associated Press Dispatches.
WASHINGTON, July 1.-The decision Of
Judge Ross and the court yesterday, dis
missing the libel against the schooner
Robert and Minnie, which vessel sup
piled arms to the Itata, was great sur
prise to the officials here. 1t was gen.
orally believed that the case against her
was much stronger than that which
could be made out against the Itata, and
notwithstanding the reservation made
by Judge Ross in the decision, it is felt
that his action will cause the failure of
the original libel lodged against the
Chilean vessel, although she may still
be held on some technical charge con-
nected with her escape while under
legal detention.' This outcome would
be severe disappointment to the state
and naval department officials after an
expenditure, direct and indirect, in the
chase Of the Itata estimated to run
closely in the neighborhood of 100000.
ATTORNEY COLES INSTRUCTIONS.
A telegram was received at the de-
partment of justice today from United
States Marshal Gard at San Diego, CAL,
asking instructions as to his course in
regard to the Itata. In response the
acting attorney general telegraphed
United States Attorney Cole at Los An
geles to libel the vessel at once and turn
her over to the United States marshal
by due process of law. BY special ar
rangement with the navy department
the vessel will be transferred to the GUS
tody of the civil authorities today.
GARD AT SAN DIEGO.
SAN DIEGO, July 7.-United States
Marshal Gard arrived from Los Angeles
last night. He has taken no action as
regards the Itata, and he said to an As
sociated Press reporter this morning
that the vessel would be left in charge
of Collector Berry until United States
District Attorney Cole had prepared the
papers in the case. The Itata will be
held on three charges. First, violating
the neutrality laws; second, contempt
in leaving while under arrest; third,
violation of the navigation laws.
Marshal Gard says no instructions
have been received from Washington,
either by him or the district attorney.
THE IrATA TO BE RESEIzED.
Later.-Marshal Gard says he will
seize the Itata in the morning. The Of
fcers of the Itata offer to pay $500 pen
atty for sailing without clearance papers,
and it is understood orders have been
received from Washington to accept it
and discharge Mannzen and Tejeda.
Gard will then reseize her. The United
States district attorney is now preparing
papers upon three charges First, clearing
without proper papers; second, kidnap-
ing a deputy United States marshal F;
third, violating the neutrality laws. He
will take her Immediately upon her re-
nlease by the customs officers and put an
officer in charge. He says the action is
against the vessel, not against the men.
Mannzen and Tejeda went to Los An
geles yesterday to interview Stephen M.
White. their attorney. Mannzen re-
turned tonight. Tejeda is still there.
The dismissal of the case against the
Robert and Minnie has no bearing upon
the case.
WHAT GARD CAN PROVE.
Gard has an abundance OF proof that
the international laws were violated
the testimony of Pilot Dill, the Robert
and Minnie officers, two Itata deserters
now in the Los Angeles Jail, and coal
beavers. as to the presence of concealed
sence of all provisions marked Esmeralda
and arms show that transfer must
have been made at the meeting off Aca-
the Esmeralda and Itata changed ships
1afora tho visit IN Con DioOo ond no
transfer of soldiers and guns was to en-
able the Itata to defend herself if at
tackled by Balmaceda's gunboats. At the
meeting off Acapulco the plan was sud-
denly arranged to go to Tocapilla, also a
friendly port, and put ashore such
provisions and arms as could
be spared, and quietly 60 to
Iquique and surrender. The Esmeralda
had access to the wires at Acapulco and
knew of the pursuit of the Charleston
and the orders sent to Admiral McCann
to seize the Itata; therefore it was an
easy matter to make the best of bad
job and give up the boat, rather than
risk complications with the United
States. The transferring of all the
goods marked Esmeralda and the guns,
would strengthen her claims to be a
mere merchantmen. This she did, and
thus destroyed important testimony.
RANGER DEsERTERs RETURN.
Five of the ten deserting Ranger sail
ors returned today. One was arrested
and officers are after the other four, who
it is believed are still in this city.
The Charleston came into the harbor
this morning, awaiting orders.
ON TO SANTIAGO.
The Insurgents Confident of Occupying
the Capital in Month.
PARIS. July 1.-THE agents OF the
Chilean congressional party state that
advices from Chile warrant conf