Los Angeles herald., 1891-09-22
COLE SCOLDED.
The Latest BOtch About the
Itata Case.
District Attorney Cole and Mar
shall Cards Little Play.
Action Which was Yesterday Severely
Scored by Judge Ross.
More Stupid Fol-de-Rol-What Appears
to be a Needless Offence Towards
Chile and a Breach of Pro-
fessionRl Etiquette.

The latest action of the United States
subject of considerable comment yester-
day in the city, and also by Judge Ross
in the United States court, where the
United States district attorney was
ripped up the back from the bench.
Judge Alexander Campbell, who has
been assisting the United States in its
prosecution OF the Itata cases, was also
in state of continued Indignation about
his treatment at San Diego Sunday.
Further inquiry into the trip of the
appraisers confirms the queer attitude
of United States District Attorney Cole.
The appraisers, as stated by the HERALD,
went down upon their mission Sunday,
and accomplished their work of sizing
up the financial value of the vessel.
Among those who accompanied the
party was Judge Alexander Campbell,
who has been the assistant counsel for
the government in the Itata cases. The
objects OF the expedition were accom-
plished with much geniality, Judge
Campbell, at least, feeling that the
government was drawing to close in
the vexatious litigation which has re.
suited from the seizure of the steamer.
When the work OF appraisement was
finished there was considerable jollifi-
cation by all hands, eliminating in a
nice dinner, where pleasant things were
said. In the course of the dinner Judge
Campbell referred to the matter in the
pleasant manner which he can assume
doll ft1ll 70 ho
plications which had arisen, and ex-
pressed pleasure at the speedy liberia
tion of the ship and its officers from
their unpleasant predicament. In fact,
the worthy Judge waxed eloquent.
When the dinner was over one of the
party OF counsel for the Itata called him
aside and informed him that Marshal
Gard had served a fresh libel on the
steamer for 100000 damages. Then
Judge Campbell exploded. He had not
been informed of any such contem-
plated procedure. Counsel on both
sides had stipulated that there was to
be liberation of the Itata upon the
giving of the bonds fixed by the ap-
praisement of the gentlemen appointed
by the United States court. He could
not understand the action of the district
attorney, and expressed himself very
plainly about it.
Yesterday morning when the cases
came up in Judge Ross's court there
was feeling of expectancy amongst the
spectators that something was liable to
drop; and it did. The counsel on both
sides were present. and the appraisers,
who made their report.
The Itata, with its tackle, apparel and
furniture, was appraised at $50 900. and
the 1000 cases of rifles, ammuni-
ton, etc., was 100000. The re-
port was approved, and the court fixed
the bond at double the amount of the
appraisement in each case, making the
total bond $240,000. The arms case was
set for trial for October 21st, and the
other case for October Goth.
Then the new libel was taken up, and
counsel for the Itata, Messrs. Stephen
M. White and George J. Denis, ex-
pressed themselves, referring TO the
stipulation entered into by the govern
ment. After some little general express
sion of opinion Judge Ross took a hand.
He said that he thought the govern
ment had put itself in very question
able light by the filing of new libel
for damages, in view OF the stipulation.
He scored the district attorney for his
action in the matter, and intimated that
it seemed very much like breach of
professional etiquette. The case was
then set for October 22d. When Mr..
Cole was asked for an explanation of the
action of the government in the matter,
he said that he had none to offer, that
he was simply following out his duty as
he saw it.