Los Angeles herald., 1891-08-06
Attorney Denis Answers for
the Defendants.
A General Denial of the Gov
ernment's Charges.
District Attorney Coles Rumored
Probable Resignation.
A Denial of Each of the Allegations in
the Libel on the Itata- G ossip About
District Attorney Cole-Nothing
Oficial Known About
the Matter.

Attorney George J. Denis, one of the
proctors for the arms in the steamer
Itata's hold, which were recently libeled
by United States District Attorney Cole,
filed an answer to the libel yesterday.
The answer is general denial of the
allegations of the libel, and reads as
follows:
Court of the United States for the Southern
District of California:
The answer and claim of Richard /.
Trumbull, intervening for his interest as
trustee, and for that OF his cestui que
trusts, to the libel of the United States
alleges as follows:
That at the times alleged in the libel
he was and is now the lawful owner in
trust of the ammunition, rifles and other
property described in the libel and now
in possession of the marshal of the
southern district OF California, at the
sui, of the United States, and that no
other person is the owner thereof.
This claimant admits the seizure and
custody of the said property described
in the libel by the said marshal as
therein alleged, but denies that the
same is or was forfeited for any reason
whatever.
He denies that at the date
alleged, or at any time, at
or about the point alleged, or at any
place, one Pedro Mannzen, with other
persons, then in possession or in control
Of the steamship Itata, or any person
whatever, we're or was unlawfully or
knowingly or in any manner whatso-
ever, concerned in furnishing, fitting out
or arming said steamship, with intent
that she should be employed in the SER
vice of the people in said libel described,
or any people whatsoever, to cruise or
commit hostilities against the citizens
or property of the republic of Chile, or
any republic or people whatsoever; and
| denies that said vessel was at the time
or place alleged, fitted out or armed in
any manner whatsoever, or at all.
This claimant admits that at the date
alleged, the said vessel was in the SER
vice of the people in said libel described
as the Congressional party, and he AYERS
that the people SO described constituted
and were and now constitute and are a
separate political government, carrying
on war, and in other ways exercising
l'the rights and performing the duties Of
self government. SIS 500
L The claimant denies that at the time
For place alleged, or at any time or place,
the said Mannzen and other persons al
tleged in the libel, or any person or per-
i, sons, knowingly or unlawfully, or in fact
i, procured for the equipment of said ves-
i sci the arms and ammunition in said
fA1ibeF described, or any arms or ainmuni-
ton whatever; and he denies that at
the time and place alleged, or at any
time or place, they or any person what
soever, unlawfully or knowingly or in
fact placed or caused to be placed
the said arms and ammunition, or
any part thereof, on board of said
vessel as part of her equip
ment, or for any purpose other than as
an article of merchandise tv be trans
ported in and by said vessel.
This claimant denies that any act
done or committed in the premises by
the persons described in the complaint,
or any person on board said vessel, was
or is contrary to the statute in such case
made or provided, or was or is against
the peace of the people of the United
States or their dignity.
This claimant denies that all and
singular the premises in said libel are
or were true, public or notorious, or that
any thel eof are or were true except as
the same are hereinbefore specifically
admitted.
Wherefore, this claimant prays that
the said property may be delivered to
him and that he be hence dismissed
with his costs.
DISTRICT ATTORNEY COLE.
The rumor that Willoughby Cole is
soon to be succeeded in the office of
United States district attorney for the
southern district of Califarnia seems to
have some foundation in fact. Mr.. Cole
is not in the city at present, and state
ment could not be obtained from him
Yesterday, but through other sources it
was learned that the Republican patron
age agents in this city have for some
weeks past been looking around for a
man to fill Mr.. Coles place. 1t is be-
lieved that an lntimation has been re-
ceived from the attorney general that
Mr.. Cole will besasked to resign, and
that the skirmishing around for can
didate which has been going on is in
furtherance of request from Washing
ton for recommendation.
1t can be stated positively, however,
that the dissatisfaction with Mr.. Cole
has no connection with the Itata case.
Judge Alex. Campbell has been in
charge of the two libels against that
steamer and her cargo, and the criminal
charges against Burt, Trumbull and
O'Farrell from the very start, having
been employed by Solicitor Taft. Mr..
Cole has PLAYED an inferior role, there
fore, in these matters, and it is not
with regard to them that he has got into
trouble. 1t is said that the dissatisfac-
tion with the district attorney extends
back for several months, and is caused
by the large number of instances in
which he lost important cases in which
the government was interested.