Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-11-05
THE 1rArA LIBEL SUITS
Follow the Neutrality Case and WIN
Probably BE Dismissed.

Probably
Los ANGELES, CAL, November A.
Judge Ross, of the United States Dis
trict Court, had dismissed the case
against Richard Trumbull and George
n. Burt, charged with violating the
neutrality laws, and discharged the oe-
PENDANTS on the ground that the evil
dence was insufficient. The libel cases
against the steamship ltata and her
cargo of 1000 cases Of arms and ammu-
milton were called and partially tried.
The main difference between these
and the neutrality case is that the libel
cases will be decided upon testimony Ior
the defense, while the neutrality case
was decided upon that for the prosecu-
ton.
Hon. S. L. White, read to the Court
some Of the dispositions taken before
the Commissioner few weeks ago. On
reconvening, at o'clock In the aIter-
noon, the Court interrupted u. j. Den
mis-, who was just resuming, intimating
that 1t was unnecessary for counsel 10
proceed further with the reading as the
court would peruse the papers CAREFUL
IL submitted, whereupon the deposit
tions were submitted TO the Court, VINO
continued both cases until to-day, when
they will probably be submitted upon
brief. 1t is generally considered, how
ever, that under the ruling OF the
Court in the neutrality case, both libel
suits will ultimately De dismissed.
In the neutrality case Judge Ross
gave his reason in a lengthy decision,
In which the whole subject is carefully
reviewed. concluding as follows:
"rhere is nothing in the evidence
tending to show that any Of the arms or
ammunition were intended for use by
the Itata. On the contrary, the whole
case shows that the defendants caused
them to be put on board her with the
intention Of transporting them to Cnlie
for the use Of the insurrectionary party
there. This does not constitute hitting
out. arming or furnishing the Itata
with the intention thai she be employed
TO cruise or commit hOstllltles In Inc
service of the insurrectionary party
against Chile. In principle the case Is
much like that of the steamship Florida
decided by Judge Blatchford in 1871
and reported In fourth Benedict 49,"
The Court then cites the opinion
therein, quotes Attorney General
Speeds letter to Secretary OF State
Seward, and continues: THE fact
that secrecy and deception were used
in the present case, as also In the
Florida case, cannot bring it within
the provision Of the statute, II not
otherwise within it, nor can the cir
cumstances that the Itata in leaving
the Port of San Diego, as shown by
evidence, violated other provisions OF
law. The case alleged must, of course,
be proved, otherwise defendants are
entitled to verdict or
not guilty. 1t becomes unneces-
sary to determine other questions
raised, all of which have been very ably
and deliberately argued by counsel. The
evidence introduced on behalf of the
prosecution being, in my opinion, insut-
ticient to warrant conviction under 9TH
er counts Of the Indictment, the motion
made on behalf of the defendants is
granted and the jury is instructed to
find verdict of not guilty"
The opinion was then formally filed
with the jury. The foreman signed it,
returned it to the clerk, who read it
aloud and filed it. The defendants
were formally discharged by the court.