Los Angeles herald., 1891-07-07
Commander Tejeda's Letter to
District Attorney Cole.
Libel Proceedings to be Insti-
tuted Against the Itata.
The Case Against the Robert and
Minnie Dismissed.
Marshal Gard Off to San Diego to Take
Possession OF the vessel-The Opinion
ofJudge Ross on the Robert and
Minnie Matter.


United States Marshal George E..
Gard went down to San Diego yesterday
to again take charge of the Chilean
transport Itata. which left so uncere-
moniously without his permission on
May 9Th last, and which has just been
brought back after long chase by the
cruiser Charleston. Major Bailhache,
one of Collector OF the Port Berry's
deputies, was placed in charge of the
steamer on the Itata's arrival, but as
the ship was in the custody OF the
marshal when she escaped, she will be
turned over to Major Gard when he gets
to San Diego. The marshal says that
he has sent to San Francisco for Spald-
ing, the man who was carried out to
Point Iona, and on his arrival, he will
be put back aboard the steamer.
District Attorney Willoughby Cole
has received the following formal an
nouncement of the arrival of the Itata
from Commander Tejeda
REPUBLIC OF CHILE,
CoMMANDER's OFFICE OF
TRANSPORT ITATA.
"SAN DIEGO, July 4, 1891.
81 have the honor to inform you that
anchored in this port today, acting un-
der the orders of the constitutional gov
ernment of Chile, and by the request of
Admiral McCann of the United States
navy. Phave returned here to be tried
by the competent courts for having
sailed from this port without the proper
authorization under the flag OF the
South American Steamship company on
the 9th of May last.
May God protect you.
MIGUEL TEJEDA,
Commander.
To the United States district attorney.
Libel proceedings will be instituted
against the Itata as soon as the papers
can be made out, in order to get the case
before the courts.
Judge Ross, sitting in the district
court, yesterday handed down an opin-
ion sustaining the exceptions to the
libel of the schooner Robert and Min
ME. AS the government did not desire to
amend the information the libel was
dismissed and the bonds offered for the
release of the schooner exonerated.
Judge Ross's decision is as follows:
"The question in the case may be dis
posed of in few words. The proceeding
is under section 5,2S3 of the revised stat
utes, for the condemnation of the
schooner Robert and Minnie, her tackle,
apparel and furniture. The section re-
ferred to provides for the forfeiture Of
every vessel, her tackle, apparel and fur
niture that, within the limits of the
United States, is fitted out and armed or
attempted to be fitted out and armed
with intent that such vessel shall be
employed in the service of any foreign
prince or state, or Of any colony, dis
trict or people, to cruise or commit hos
tilities against the subjects, citizens or
property of any colony, district or peo-
pie with whom the United States are at
peace
"It is plain that in order to entitle the
government to a decree Of forfeiture as
against che schooner Robert and Minnie,
she must have been fitted out and
armed, or attempted to be fitted out and
armed, with the intent stated, to cruise
or commit hostilities against the SUBJ
jects, citizens or property of foreign
prince or state, or of colony, district or
people with whom the United States are
at peace. The specific acts charged
against the schooner in question in the
libel of information, are that, on the
21st of April last, within the limits of
the United States, to wit, at the port of
San Francisco, one George A. Burt and
other persons to the district attorney
unknown, placed and caused to be placed
upon said schooner large quantities OF
arms and munitions of war, viz, 10000
rifles and 100000 rounds of ammunition
therefor, and transported the same on
said schooner to an anchorage within
this judicial district, near the island of
San Clemente, and there, on the 9th day
of May, delivered said arms and NUM-
tions OF war to and on board of certain
steamship called the Itata. which was
then and there war ship in the posses
sion and under the control of certain
citizens and residents 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 revolution and
carrying on war against the republic oi
Chile and the government thereof. with
which the United States then were and
| now are at peace; SAID arms ana NUM-
tions Of war to be used by said insur
gents and by said ship Itata in carrying
on war against the citizens and property
of the republic of Chile.
"While these facts might afford gooG
ground for the seizure and forfeiture O
the Itata, they constitute no ground fol
the seizure or forfeiture of the schooner
Robert and Minnie Omitted States vs
Corondelet, 81 Fed. Rep, 1897, no fac
as alleged tending to show any intent OF
the part of the schooner to cruise O.
commit hostilities against the republi,
OF Chile, or the government thereof
nor, indeed, tending to show that th'
schooner itself ever was fitted out Of
armed, within the meaning OF the sta
tute in question. On the contrary, th'
specific acts alleged show that th'
schooner was:used only for the purpose
of transporting the arms and munition
Of war to the warship Itata, in othe
words, to fit out and arm the Itata tt
cruise and commit hostilities. Whil
such acts, as already said, might con