Los Angeles herald., 1891-07-09
Marshal Gard Formally Takes Pos
session of the Vessel.
The Formidable Document Presented to
Court by Attorney Cole-The Pro-
ceedings in the Matter
hsl Yesterday.

Chile, that formality was again gone
through with yesterday, and almost inn
mediately thereafter, as soon as tele
gram could reach this city, United
States District Attorney Willoughby
Cole filed an information of libel against
the vessel in the district court. praying
for her forfeiture to the government.
Another libel against the guns, etc.,
aboard the Itata will be instituted as
soon as the marshal has taken an inven-
tory and returned schedule to the dis
trict attorney. The libel filed yesterday
reads as follows:
the District Court of the United States for
the Southern District of California:
s'Be it remembered that on this 8th
day of July. in the year 1891, before the
Honorable Erskine M. Ross, judge as
aforesaid, comes in his own proper per-
son Willoughby Cole, attorney for the
United States for the southern district
of California, and in the name and be-
half Of the United States, propounds
and gives the said judge to understand
and alleges that on the 9Th day of July,
in the year aforesaid, and on waters
which were navigable from the sea by
ii
E. Gard, Esq, United States marshal
did, at the port of San Diego, in the state
of California, and within this district,
seize the steamship called the Itata and
now hath the same in his custody at
the said port of San Diego, in said south
ern district, as being forfeited for the
causes hereinafter mentioned, to-wit:
"For that heretofore, to-wit on the
Sth day of May, 1891, within the limits
of the United States, and upon waters
of the Pacific ocean navigable by vessels
of ten tons burden and upwards, and
within the Jurisdiction of the United
States and within two miles
from the island of San Clemente,
an island within the limits of the
state of California and within the juris-
diction of this court, on Pedro Mannzen
and divers other persons to the said at
torney unknown, did unlawfully fit out
and arm said steamship called the Itata
with intent that such steamship or ves-
sci should be employed in the service Of
certain foreign people, viz, certain in
Chile, then organized and banded to-
gether in large numbers and in great
force engaged in open armed hostilities
and attempted revolution against the
republic OF Chile and the lawful govern
ment thereof, said insurgents being
known as the Congressional party, to
cruise and commit hostlities against the
citizens and property of a foreign state,
viz, the republic OF Chile, with which
republic the United States then were
and now are at peace, contrary to the
form OF the statute in such case made
and provided, the said steamship Itata,
her tackle, apparel and furniture be-
came and are forfeited to the uses in said
statute prescribed.
''And also for that heretofore, on the
8th day ofsMay, in the year 1891, within
the limits Of the United States and on
waters of the Pacific ocean, navigable by
vessels of ten tons burden and upwards,
within jurisdiction OF the United States
and within about two miles of the island
of San Clemente, an island in the Pacific
ocean within the limits OF the state of
California in said southern district, and
within the jurisdiction of this court, one
Pedro Mannzen and divers other, per-
sons, to said attorney unknown, were
unlawfully concerned in the furnishing
and fitting out of a certain steamship or
vessel called the Itata, with intent that
such vessel should be employed in the
service Of certain foreign people, viz,
certain inhabitants of the republic of
Chile, there organized and banded to-
gether in large numbers and in great
force, and in open armed hostilities and
insurrection against the said republic of
Chile and the lawful government there
OF, said insurgents being known as the
Congressional party, to cruise and COM
init hostilities against the citizens and
property Of a foreign state, viz, the re-
public of Chile, with which the United
States then We're and now are at peace,
contrary to the form of the statute in
such case made and provided, whereby
by force of the statute in such case made
and provided, the said steamship or ves-
sci called the Itata, her tackle, apparel
and furniture, have become and are for
feited to the uses in said statute pro-
vided.
"And also for that, heretofore, viz;
on the 9th day of May, 1891, within the
United States, viz: at the port of San
Pedro, in the state of California, in the
said southern district, and within the
jurisdiction of this court, one Pedro
Mannzen, and divers other persons to
said attorney unknown, were unlawfully
concerned in the fitting out and furnish
ing of a certain steamship or vessel called
Itata, with the intent that such ves-
sci should be employed in the service OF
certain foreign people, viz. :Scertain in
habitants Of Chile, then organized and
banded together in large numbers and
great force and engaged in open armed
hostilities and attempted revolution
against the said republic of Chile and
the lawful government thereof, and
known as the Congressional party, to
cause and commit hostilities against
the citizens and property of a foreign
state, viz. the republic Of Chile, with
which republic the United States then
were and now are at peace, contrary to
the form of the statute in such cases
made and provided, whereby by
force of the statute in such
case made and provided the said
steamship Itata her tackle, apparel
and furniture have become and are for
feited to the uses in said statute pro-
vided.
And the said attorney OF the United
States in behalf of the United States
saith that ell and singular the premises
Aforesaid are and were true. public and