Los Angeles herald., 1891-05-30
The Trial of Trumbull, Burt
and O'Farrell.
The Attorneys Fighting as to
the Matter of Time.
Testimony Wanted by the Defense
From South American Notables.
Attorney Page, of San Francisco, Scores
Several Points-Some Interesting
Legal Skirmishing-Tru um-
bull Interviewed.

Ricardo l.. Trumbull, the chief agent
of the Chilean insurgents in the United
so successfully carried out the coup by
which those rebels obtained a fresh
supply of guns and ammunition in this
country to aid them in oyerturning
Balmaceda's odious government, arrived
in this city yesterday afternoon, and
was soon after arraigned in the district
court before Judge Ross on the indict
ment returned against him last Tuesday
by the grand jury. Accompanying
Trumbull was Charles Page, of the firm
of Page & Eels, well-knowh admiralty
lawyers of San Francisco, who has been
retained to assist Attorney George ].
Denis in the defense OF Trumbull, Burt
and O'Farrell.
The case was taken up before Judge
Ross at 80 in the afternoon, and the
defendant waived the reading OF the in
dictment, contenting himself with in
PRODUCING demurrer to it, which
was promptly overruled. The question
of setting the time for trial then came
up.
1t had been originally agreed upon by
counsel on both sides that the trial
should take place at the earliest possible
moment, but when it came to set
ting the time Judge Alexander A.
Campbell, who is assisting District At
torney Cole, rose and said that as the
prosecution would have to subpoena wit
nesses living in New York, they could
not be ready much before the 10Th OF
June.
This date did not suit the defense.
After great deal more discussion a re-
cess was taken till A 80, to allow of the
attorneys reaching some agreement
This was found to be impossible. how
ever, almost as soon as the lawyers be-
gan to talk it over, and the effort was
given up.
At 4 80 Judge Ross again took the
bench, and was informed OF the failure
of the negotiations. Attorney Page
asked permission to have read an affida-
Wit which had been dictated to short
hand reporter by him, and which would
be sworn to by Trumbull, praying for
time. This was granted, and the short
hand reporter read long document
reciting the charges made against Trum-
bull, and stating that to successfully
refute them he would have to have the
testimony of certain men now in South
America. He expected to prove by these
witnesses that civil war exists in the
republic of Chile; that said war has been
recognized to exist by certain other ma
tions and states; that the congressional
party mentioned in the complaint has
been recognized as belligerent by these
nations and states; that the Itata is not
a warship, and neither is she in the
service OF any party or people; that she
she is simply merchant vessel
that no military expedition was
fitted out by the defendants and
that the arms put aboard the Itata by
their instrumentality were merely put
there for transportation. The wit
nesses whose dispositions it was sought
to obtain were then read, as follows:
Geo. Montt, A. Silva Palma, Capt. Man
ugen, Miguel Tiiida, Patrick Egan, VIM.
G. Tripler, Isadora Errazuriz and Presi-
dent Arce, of the republic of Bolivia.
In reply to the affidavit Judge Camp
bell said that it was only too apparent
that it was introduced to temporize and
that it lacked in good faith. 1t was alb
surd, he said, to get the evidence of the
president of Bolivia and a minister of
the United States to South American
countries in regard to something that
occurred in this country and district.
What did they know about it? The
government had acquired the whole
history OF this steamer Itata.
She had been first captured
off Valparaiso by the insurgents when
she was going into the harbor with a
cargo of merchandise; subsequently she
foa IN, ha 10 of +ho+
was used as hospital ship, was present
took on guns and men there for her trip
cannon and one gatling gun, and these
were dismounted and put into the hold
the day before she arrived at San
Diego. Besides this, she showed her
utter contempt for the authority of the
United States marshal, whom she
landed before taking on board arms and
ammunition at San Clemente.
Attorney Page arose in support of the
contention of the defense and made an
eloquent plea for justice to the men
under indictment. 1t had been charged
in the indictment, he said, that the Itata
was ship of war when she entered the
port of San Pedro, and the prosecution
had the testimony of two boys, who had
left the vessel at that port, to prove this.
How were the defendants to protect
themselves unless they were given a
chance to prove the falsity of this charge,
and who was there here who could tes-
tify in that regard save themselves? 1t
would not do for them to 60 to San Diego
and get people to swear that the Itata
did not have the appearance of a man
of-war as she entered the harbor; that