The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-01-21
CHANGED HIS ALLEGATIONS.
1T Is NOW CHARGED THAT THE
DAUNTLEsS WENT TO CUBA.

Mr.. w. A. Bisbee the Claimant of the
Vessel, Denies All the Charges.
The Answer of the Defendant
Filed After Which the Case Was
Continued For the Term on Ac-
count of the Absence of Collector
4. W. Lamb Who IL Sick at Bruns-
wick.
The libel suit Of the United States
against the steam tug Dauntless for an
alleged violation of the navigation laws
came to a rather sudden termination In
the United States court yesterday, so far
as the present term of court is concerned,
because of the fact that the government
was unable to get here one Of it's princi-
pal witnesses. Collector Thomas w. Lamb
of Brunswick, who was too sick to come.
Maj. w. T. Gary, the district attorney,
filed practically a new libel in the case
yesterday, the new paper being amenda-
tory of the libel first filed. In IT, how
ever, he stated more specifically that the
Dauntless did proceed from the port of
Brunswick, etc, ION foreign voyage to
a port or place to the district attorney
unknown, upon the coast of the island Of
Cuba, the said island being within and
a part of the domlnions Of the kingdom
of Spain"
The former libel simply alleged that she
went off on foreign voyage. without spe-
clfying the name of port or country 1t
is charged that she did this without Civ
ing up to the collector Of the port of
foI,
engage in the coastwise trade.
Through his attorneys, Messrs. John e.
Hartridge and Walter G. Charlton, Mr..
w. A. Bisbee. the claimant of the Daunt-
less, filed an answer to the libel, in which
nearly all of the allegations were denied.
He denies that the Dauntless did on Aug
1, 1896. or Aug. z or 10, or any other date
named in the libel, proceed from the port
of Brunswick to go on a foreign voy-
age. He denies further that the Daunt-
less is engaged in any other trade but
that for which she has been
licensed. He makes denial too, of
the charge that the Dauntless pro-
ceeded to some point near the island of
Navassa, where 1t was charged that she
received arms and men from the steam
ship Laurada for the purpose of trans
porting them to Cuba. In fact, all of the
charges against the Dauntless which con-
meet it in any way whatever with vio-
lation of the law are emphatically denied.
When court convened yesterday morn
ing and the amended libel was filed by the
district attorney, the defendants were
given some time to prepare their answer.
After the answer had been filed Maj.
Gary made a motion for the continuance
of the case on the ground that Collector
Lamb of Brunswick, one of the principal
witnesses for the government, was sick
and could not be present. b. A. White
and Collector Arrow of the port of st.
Mary's were also needed for the purposes
of the trial.
The seizure of the vessel was made
through the collector of the port OF
Brunswick, and all the actions in the case
which gives the court jurisdiction as at
present came through Collector Lambs
office In the first place, the seizure was
made through him, and in. the second
place it was at his office as collector that
the vessel was enrolled and licensed. At
his office a surrender should have been
made and new registry taken out if such
was done. Because of the fact that the
libel of information had to be filed on ac-
count of the seizure made by him, his
presence was necessary to prove all these
facts, without which there could be no
conviction.
Upon this showing Judge Speer agreed
to continue the case for the term. The
government had quite a nice little bill for
witness fees and mileage in connection
with this case, the amount being about
$500. There were eight witnesses here
from Philadelphia, brought down to prove
some of the allegations in the charges
against the Dauntless, and the per diem
and mileage of each of them amount to
about $50, or a total of 500. Then there
were twelve witnesses here from Bruins
wick and other points in that section,
whose per diem and mileage amounted to
about $12 or $l3 each, bringing the amount
up to something like the figure stated. The
case, should it be brought up again viii
| probably be heard from about next April.
| -e-9-s--