The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-20
74T LIBEL NOT SPECIFIC.
s,y no WHAT FOREIGN
PORT THE d NiA1h'sS -

MAJ -. b.tition. and Judge
Ane nh, He Must DO Ii by
spec ,;u.--The Charge Too
In'S ,,,1ae speer said, to Hold
ON IN Indefinite state
i"' ,,.o cart Told Judge CrO-
a,t Mai. Gays Assistant Ih"t
40 wust Cca'e to Represent inc
King of Spatp.
~, w r cary the district attorney
NO. 1,,ited sites court, was busy last
=, ni,5- drawing b new libel against ,ne
ne , ING Daub tless. This was al pc
e. If The fat that in the first hoei
ca was no ,pecifc allegation as to
',' foreign prt the Dauntless had
VIC .rd without this allegation Judge
sossr practically held there could De 40
rsis was the most interesting matter
-, came I'D for the consideration OF
United States court yesterday. When
~ oose was called Maj. Gary announced
'ret Attorney General Harmon had ap.
sl1rte5 Judge A. j. Crovatt OF BruhsW'cA
~ special assistant to the dlstrict 49,
az IN The case. The appointment was
LEY tbroDgh the following letter, whlcn
mo- ma. Croyalt received from the Alto
new General 4, n
ny 33snar'ment Of Justice, Washington, D.
y In "a 1891. Sir: You are hereby APP
-,nted a special assistant to the attorney
+hs United States for the southern
TYstrict of Georgia, to aid in the prepara-
,on and PROSECUTION of the case OIL me
'.5i+ad states Tvs. the Dauntiess for viola
,on nj the navigation laws in connectloh
With her voyage from Woodblne.
yoDr compensation will be deternmlned
bv the Attorney General upon tie UoiiiPi'
Inn of YOUR services.
This anpointment is made subject to any
cbsnges which may be made by this de-
ssrfnent. and to take effect upon your
tsEjng the customary oath of office.
ryaeute the customary oath of Office and
tore.ari the same to this department
without delay. Respectfully,
Judson Harmon,
Attorney General.
A ]. Crovat Esq, Brunswick, Ga,
Through William T. Gary, Esq, United
States Attorney Augusta, Ga: Judge
Croyatt then took the oath required of
hin, as speciai assistant to the district
attorney. after which Judge Speer asked
him if his firm, Messrs. Crovatt & Whit
6eld. did not represent the King of Spain.
Judge Crovatt replied that the government
Of Spain was the client of his firm.
when you take this OATH" Judge
Speer sau, remember that you are the
representative of the United States, and
no longer represent the government Of
Spain
Certainly" Judge Crovatt replied, 81
intend to do so. If the United States pays
the fee it will be satisfactory.
Mr.. John +, Hartridge of Jacksonville,
who with Mr.. Walter G. Charlton, repre-
scented the owners of the Dauntless, then
made objection to the libel on the ground
that it was not specific, and that while it
charged the tug with a violation of the
navigation laws in going to a foreign port,
which its charter did not allow, it did not
specify to what foreign port or foreign
country and that therefore, the defend
ant was not put upon notice of what it
would have to answer. Mr.. Charlton also
made an argument on this line, while the
dctrct attorney held that he already
alleged the crime, and insisted that all
that was necessary was to prove that the
Dauntless had left Woodbine to go off to
some foreign port. Judge Speer, however,
did not agree with him, as will be seen
from his remarks and decision with regard
to the argument which are as follows:
The libel is made on information of Will
liam I. Gary, attorney of the United
States for the southern district of Geor-
gia, who, as is his duty, prosecutes for
The United States. The averment is, THAT
the steamboat Dauntless, being then and
there enrolled and licensed in accordance
with the laws of the said United States to
engage in the coasting trade, heretofore,
70 VIII on the 18th day of August A. d.
1886 did proceed from the port of Bruins
WICK in the district of Brunswick, and
STATE Of Georgia, and within the said divis-
ion ana district, and within the jurisdic-
uoh Of this court, on a foreign voyage to
some lordgn country port or place, to the
sdd attorney unknown, without first Civ
ing up her said enrolment and her said
Incense 70 the collector of the district com
pehendlng the said port of Brunswick.
anu without then and there being duly reg
B B by the collector of the district of
bIunsWlck in the said state of Georgia.
IL violation Of the provisions of section
Iuuf thousand three hundred and thirty
seven OF the Revised Statutes of the said
ouiled states, and contrary to the form
=. tHe statutes of the said United States in
'ueu cases made and provided"
!. iHele are other counts to which there
eLe same exception. Now this view oe-
oui2 10 me. II the United States. through
No. "eI attorney who prosecutes. does
tbi, INV NJ" 10 what country, port or place
, ms sup dld 80, how can it be known that
Uo Dauhtless went to a country mort or
p pn ana now can it be said that il went
loteisn voyage. If the government
~ ,,o"S no more than is stated in its libel
sni,. Daqntless ought not to have been
49, II the owner of the Dauntless has
il - lle statutes under which the libel
M oar11Vu' IL lolioWs that the vessel will
IA o-lscdled' 1t is an exceedingly harsh
co1 severe remedy 1t is in deroeat ion of
staf'to Iisht' and it is besides a panel
So $50 mere could be no occasion where
sbo ,'ig' application of the rules of pleading
II e r pe more rigidly enforced. and vet
vsss.I ny, disclosed from the libel that this
tbonob 20 upon foreign voyage. al
confsi,- ms conclusion is stated, for IL
rl,tan' me negative averment that he
h uoes not know where she went
wen, Ivy slInclent to say then that she
i n o,s. 70 a foreign port, place or country
oRrt 70 Justify a seizure.
Il Min, beyond this another sovereign
la~s sue Is That the owner of the Dannt-
trs. entltled to have notice OF the Of
81 noess, MN which he is charged. II Is
M ~ IA order to enable him TO make
g0 '1Isnse. He is presumed TO he limo.
noye curse, but he may have to dis
s5 IL we evidence of the government.
MAJ oruer to do that he must know
bne pal ucular foreign voyage. and with
# o. lo,s,,.. NY TO what particular countrv