Los Angeles herald., 1891-10-23
The Absurdity Of a Trial
Still in Progress.
Captain O'Farrell Changes from
Defendant to Witness.
The Desperate and Silly Struggle
on the Part of the Government.
w. w. Reynolds Tells about the Purchase
of the Arms-Gard Tells the old,
Old Story of the Itata's Cap
ture and Escape.

One of the Itata defendants has
nothing to fear from the United States
in connection with the criminal prose-
cution now going on in the United
States district court in this city-Capt.
James O'Farrell, the captain of the
schooner Robert and Minnie, which car
ried the cargo of arms and ammunition
from Oakland to the steamer Itata. The
government counsel yesterday afternoon
announced that they did not intend to
prosecute him any further, and while
there was no formal dismissal, the pros
ecution made him one of their witnesses.
When the case was called in the morn
ing at 10 80 O'Clock, the taking of testi-
mony began, after the opening address
by District Attorney Cole, and lasted all
day, the prosecution not getting near
through with its witnesses. There was
nothing particularly new in the evil
dence brought out, as the story has ap-
peared from time to time during the oc-
currences of the various episodes in the
Itata matter, and counsel for the defense
had very little cross ss-examination.
The government is struggling desper-
ately, and went to the trouble and ex-
pense of bringing witnesses from New
York city. The first called was one of
these witnesses, J. J Fowler, of the firm
of Messrs. Grace & Co., New York.
His evidence was in relation to the
defendant, Ricardo Trumbull, who told
him in New York of his mission to Sc
cure arms and ammunition to be sent to
Chile. He took Mr.. Trumbull to w.
w. Reynolds, of the arms house of
Messrs. Hartley, Graham & Co., 80 that
he could make arrangements with him.
w. w. Reynolds was then called, and
testified that Mr.. Trumbull ordered
100000 rounds OF ammunition and
5000 rifles from him, and paid him $780,
900 in cash for them by check. He de-
liyered the order to the Santa Fe rail-
road. There were 5000 Remington and
1000 Lee magazine rifles, calibre 43-100.
He knew the order was to be shipped to
California, and then to some foreign
country, but where he could not say.
He was introduced to defendant George
A. Burt by Mr.. Trumbdll.
United States Marshal George E.
Gard went over at length the oft-told
story of his seizure of the Chilean steamer
and her subsequent taking French leave
from San Diego harbor. He read for
the first time the instructions upon
which he acted, being kilograms from
District Attorney Cole and Attorney
General Miller. The first telegram was
from Mr.. Flint, directing him to pre-
pare to seize the Itata; then followed
one from Mr.. Cole to detain the steamer.
In response to this he went on board
the Itata with Deputy Spalding, OF bibu-
lous fame, and placed the vessel In his
charge, returning ashore with Captain
Mannzen, who dined with him. Mr..
Cole not arriving, the marshal said to
Captain Mannzen that If no further in
structions were received by noon of the
following day he would take the re-
sponsibiIity of allowing him to
go. He arranged to breakfast
with the captain the next
morning at 10 O'Clock, but that night
went in search of the Robert and Min
ME and didn't get back in time. He re-
ceiyed telegram in the morning from
the attorney-general directing him to
detain the Itata and seize the Robert
and Minnie, but the latter only in Amer
lean waters. He then sent note to
Captain Mannzen telling him OF this
telegram, and that he would be obliged
to detain him. But while he was out at
the "heads' trying to find the schooner
he saw the Itata steaming out OF the
harbor. He detailed the arrest of
George A. Burt, and his seizure OF the
arms and ammunition when the Itata
was brought back.
In the afternoon Marshal Cards ex-
animation was finished, and Deputy
Robert Spalding was examined, furnish
ing some amusement by his recital of
his enforced departure with the Itata,
and the captains pollteness in putting
him ashore at the point.
CAPTAIN Polhemus testified that he
met MIR. Trumbull at San Diego, and
made an arrangement for him to COM
municate with the Itata, and also
message to Mr.. Burt.
Mr.. Campbell, of counsel for the gov
eminent, then announced that it did
not intend to prosecute Capt. James
O'Farrell further, and called him to the
stand as government witness. The
weather-beaten sailor narrated the
story of the cruise of the Robert and
Minnie from Oakland to San Clemente
island and the transfer of the cargo to
the Itata. He disclaimed any knowl-
edge of it's ultimate destination, saying
Mr.. Burt was supercargo and did all the
fancy work.
John R. Berry, collector of customs at
San Diego, produced the papers filed
with him by Captain Mannzen, showing
his request to clear for San Francisco and
Vancouver. =,
The days testimony concluded with
the examination of Deputy Marshal
Frank Flint, who had number OF con-
versations with George A. Burt after his
arrest in which the latter talked freely
with him about the whole matter. He
told the witness among other things that
when Mr.. Trumbull asked him in New
York to take charge of the transporta-
ton of the arms and ammunition he
(Burtl was on his way to England, and
undertook the mission through friend
ship for Mr.. Trumbull.
The trial will be resumed this morning
at 10 80 O'Clock.
TUT pERVISORS