Los Angeles herald., 1891-09-23
BACKED DOWN.
DISTRICT ATTORNEY COLES ITATA
CASE A FIASCO.
He Says Now That the Papers Were Filed
Too Soon-The Case Dismissed-Mr.
Coles Statement.

Each succeeding day brings forth
something new in the Itata case, and
yesterday was not an exception to the
rule. When the United States court
convened District Attorney Cole arose
and quietly moved the dismissal of the
latest libel against the steamer, for
100000 damages. The motion was
granted by Judge Ross, which leaves
the two old cases against the Itata still
pending. These cases are set for Octo-
Der Goth and 21st. Mr.. Cole made no
explanation in regard to the dismissal
of the case, but it was ascertained that
it came about through advices from the
department of justice.
During the session OF the court the
question of the bonds required in the
original cases was broached, and after
some discussion it was agreed that the
bond should not be in double the
amount OF the appraisement, but be
placed at the appraisement, $50, 900 in
each case. The order was entered, and
| it is understood that the bond was sent
| to San Francisco to be completed. 1t is
expected that it will be filled out there
and returned this week, so that the
| ltata may get up steam and return to
| Chile. and not to San Francisco, as was
| at first intended.
The question of costs is now occupy
ing the attention OF the attorneys on
both sides, but it is believed that an
amicable adjustment of these matters
will be made.
| District Attorney Cole, in conversa
ton with HERALD reporter yesterday,
said that he had not intended that the
new libel for damages should be served
Immediately. He wished to save the
point to the government of the damages
for the expense OF the Charleston's pur-
suit of the steamer, and prepared his
papers for that purpose. He said that
he would not have made any difficulty
for the speedy departure of the Itata,
but that he would have been willing to
consolidate the cases and have allowed
her departure in any event when the
matter of bonds had been complied with.
He said that he had no idea that any
service of the papers in the new libel
would be made before he had consulted
with Judge Alex. Campbell, his col
league in the case. He expected to see
him, and went to Santa Monica Sunday
|
| there, when in fact he had gone to San
Diego.
In relation to the alleged breach of
faith after stipulation with counsel on
the other side and the structures which
had been made in court by Stephen M.
White and Mr.. Denis, Mr.. Cole said
that he did not consider them we'll
founded. He had right at any time to
file complaint, and this point of dam
ages was one which he believed to be a
good one. He said that in his advices
from the attorney-general it was consid-
cred good point, and he is instructed
to amend the former libels, if necessary,
to cover the point.
GARD AND TIE ITATA.
Marshal Gard sends the following let
ter about the 100000 libel case. He,
it will be observed, denies having any
hand in it. AS Attorney-Genera Miller
repudiates the proceedings, and in view
of Mr.. Coles explanation, the public
can take its choice of placing the re-
sponsibility:
| EDITORS HERALD: In your paper of
| this morning appears an article headed
District Attorney Coles and Marshal
Cards Little Play, in which there is a
detailed account Of the proceedings in
the Itata matter had in the United
States court yesterday, etc. How Mar
shall Gard figures in the "little play"
said article fails to explain, hence 1 pre-
sumo the reference to. myself must be
an unintentional mistake. The fact is,
l had nothing whatever to do with the
case in any way, neither have | served
any papers as stated, but on the con-
trary, am the one who called the at
tention of Judge Campbell to the fact
that citation papers had been sent to me
by Mr.. Cole for service, etc. Trusting
you will correct the statement noted, |
remain, respectfully,
GEORGE E. GARD,
TIpitod Ctofac Marshal