The record-union., 1891-07-08
Special to the RrcoRp-ux1ou.

/
! WASHINGTON, July THE decision of
Judge Ross yesterday, dismissing tho
libel against the schooner Robert and
Minnie, which vessel supplied the arms
TO the ltata, was q great surprise 10 ofli-
cials here. 1t was generally believed
that the case against her was much
stronger than that which could be made
out against the Itata, and uotwithstand-
ing the reservation made by Judge Ross
III mis- decision, it is felt that his action
VIII cause failure of the original libel
lodged against the Chilean vessel. al
though she may still be held on some
technical charge connected with her es-
cape while under legal detention. This
outcome would be a severe disappoint-
ment to State and Naval Department Off
cials, after an expenditure, direct and in
direct, in the chase of the Itata, estimated
70 run closely III the neighborhood of
500, 600.
telegram was received at the Depart.
ment OF Justice to-day from United States
Marshal Gard of San Diego, Cal, ask
ing I0r instructions as TO his course in
regard to the Itata. In response, the
Acting Attorney General telegraphed to
United States Attorney Cole, at San
Diego, to libel the vessel at once. and
turn her over to the United States Mar
shaI by due process of law. BY special
arrangement with the Navy Department
the vessel will be transferred to the cus
tody OF the civil authorities to-day.
THE ITATA
SAN DIEGO, July Z. - Marshal Gard
says he will seize the Itata in the morn
ing. The officers of the Itata offer to paw
SoOO penalty for sailing without clearance
papers, and it is understood that orders
have been received from Washington To
accept it and discharge Manzen and
Ieleda. Gard will then reseize her.
The United States District Attorney is
now preparing papers upon three
charges. The first is clearing without
proper papers; the second, KIDNAPPING II
Deputy United States Marshal, and third,
violating the neutrality laws. He will
take her Immediately upon her release
by the Custom officers and put an officer
in charge. He says the action is against
the vessel and not against the men,
Manzen and Tejada went to Los An
gGies yesterday to interview Stephen NJ.
Whlte, their attorney. Manzen returned
Tonight, but Tejada is still there
The dismissal of the case against the
Robert and Minnie has no bearing upon
the case. Gard has abundance of proof
that the International laws have been vio-
lated lie has the testimony of Pilot Dill
OF the Robert and Minnie, the two Ttata
the coal heavers, as to the presence of con
cealed men and arms. He explains that
the Captains of the Esmeralda and Itata
changed ships before the visit to San
Diego, and the transfer OF the soldiers and
guns was to enable the Itata to defend
herself If attacked by Balmaceda gum
boats.
At the meeting at Acapulco he evil
Qently arranged To go to Capilla also a
friendly port, and put ashore such pro-
visions and arms as could be spared, and
quietly go to Iquique and surrender The
ESmeralda had access 10 the wires ut
Acapulco, and knew of the pursuit of the
Charleston and the order sent to Admiral
McCann to seize the Itata. Therefore, it
was an easy matter to make the best of u
bad job and give up the boat rather than
risk complications with the United States
by transferring all goods marked Esmer-
aida, and the guns would strengthen her
claims to mere merchantman. This
she dld, and this destroyed the important
testimony