Los Angeles herald., 1891-09-18
SHE WILL SOON SAIL.
Yesterdays Developments in
the Itata Muddle.
The Libelled Ship to Be Re-
leased on Bonds.
Stephen NJ. White Shows the Govern
ment's Blunders.
Captain Tejeda Files an Interesting Ar
fidavit - Appraisers to Be Ap-
pointed Today-An Answer
FiIed-White's Statement.

ElleQ-M nlC6 \ OtabeLucHls
The steamship Itata will probably
make her final departure from the har-
Dor of San Diego and the waters OF the
United States within the next seven
days. Captain Miguel Tejeda yesterday
filed an affidavit in the libel case in the
district court, claiming that the vessel
was being put to great expense by its
detention of her, and asking for her re-
lease on bonds. Judge Ross heard the
matter in chambers and tacitly agreed
to release the vessel after her value had
been agreed upon by competent ap-
praisers. These will in all probability
be appointed today. They can finish
their work in less than a week, and
there is nothing to prevent the i'm
mediate departure of the Itata there
after. Captain Tcjeda's affidavit, which
is of considerable interest, reads as fol-
lows:
IN. Tejeda being first duly sworn,
deposes and says:
''That he is an officer, towit, a cap
tain, regularly commissioned and acting
in the navy of the republic OF Chile, and
that he IS authorized and empowered to
represent in these proceedings the Go
bierno Proviorio Republica de Chile that
heretofore, towit, prior to the filing of
the libel herein, the government Of the
United States through its navy. seized
said vessel the steamship Itata, together
with the cargo thereof, and all the prop
erty involved in this proceeding, in the
harbor of Iquique, in the republic of
Chile, and brought said Itata, together
will all of said property, under convoy
of a vessel belonging to the navy of the
United States, towit, the cruiser Charles
ton, to the port of San Diego and within
the jurisdiction of this court; that after
said vessel was SO brought within such
jurisdiction, the libel herein was filed
and the proceedings which have been
taken herein, occurred.
cat the time said vessel was so taken
from said harbor of Iquique, it was in
the possession and exclusive control of
said Gobierno Provisorio RepublicaC chile
styled in the libel herein the 'Congres-
sional party , that at the time of said
seizure war was in progress in said re-
public of Chile which has since wholly
terminated, and the said Gobierno,
from whose custody said vessel was so
taken, now exercises exclusive and alb
solute control, and exclusively and abso-
lutely governs said republic OF Chile.
"That said republic is at peace and
there is no other government or indi-
vidual or association OF individuals at
tempting to exercise any of the functions
of government in said republic of Chile,
except said Gobierno Provisorio
Republica Chile, whose au-
thority is fully recognized and
acquiesed in by all the people of
said republic, and said Gobierno has
has been fully and duly recognized as
such by the government of the United
States and said government of the
United States has now diplomatic rela-
tions with said Gobierno, and in every
regard recognizes it as the duly en-
powered and acting government in said
republic of Chile.
"Affiant further states that when said
Itata was so seized it was understood by
and between said Gobierno and the Off
GERS OF the navy of the United States
who seized the same and who repre-
sented the United States government
that an immediate hearing would be
accorded to said Gobierno upon all the
issues arising in this libel; and that up
on determination by this court that no
cause of complaint existed upon the
part of the government of the United
| States, that said vessel would be imme-
diately returned to said Gobierno.
"The affiant accompanied said Itata
from Iquique to the United States as
the representative of said Gobierno, and
for the purpose of conducting and bring
ing said vessel back to said republic of
Chile whenever she should be discharged
from these proceedings.
'Atfiant further represents that said
vessel has now been in the harbor of
San Diego more than seventy-fve days
and that during all of said time the cost
to said Gobierno Provosorio caused by
such detention in said harbor of San
Diego under the libel herein was not less
| than $1,000 per day and that such ex-
penses will necessarily continue until
she is relieved from custody and re-
turned to those from whose possession
she was taken.
"That no cause or reason exists why
| said vessel should not be admitted to
| bail under the rules of this court and
nlsh stipulation or bond in the re-
| quisite amount upon an order made by
this court in that behalf.
"MIaUEL TEJEDA."
An answer to the libel against the
Itata was also filed yesterday by the
counsel for the "Gobierno." The doc
ument denies that the alleged insur-
gents or Congressional party were
fighting against the established govern
ment of Chile, and claims that that
party itself was the only true govern
ment. The following paragraphs appear
in the answer:
''The claimant denies that at the date
alleged, or at any time at or about the
point alleged, or at any place, one Pedro
Mannzen and other persons, or any per-
son whatever, or that Pedro Mannzen
individually did unlawfully, or at all,
fit out or arm the said steamship Itata
with intent that such vessel should be
employed in the service of the people
in said libel described, or any people
whatever, to cruise and commit hostili-
ties against the citizens or property of
4 4. IL g l,1s 10