The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-07-22
LIBEL AGAINST THE ADULA.
WAS NOT HER FIRST ATTEMPT TO
run THE BLOCKADE.

Gurgo-N8s HebcuAeuit " aEhNu'
According 10 the Libel, Not to At
tenpt TO Pass the BIockHde-The
vessel Now in the Hnnds of the
MnrShal-Prize Commissioners VIII
Continue the Taking of Testimony.
Tho proceedings IN the ease against The
prize steamship Adula had progressed far
enough yesterday 60 authorize the filing
OF a libel against the vessel by District Al
tornev Marion Erwin and Assistant Dis
trlct Attorney ". X. Ieaken, representing
the government and che ca9tors.
The libel. addressed TO Judge Emory
speer. was prepared and filed yesterday,
in the United States Court. According 10
the libel a stronger case viii be made out
against The steamer than was al first eX-
pected. The libel sets forth that Command
er B. H. AicCala Of the cruiser Marble
head seized the Adula off Guantanamo
bay on June %. that the steamer at the
time OF seizure was chartered by and I'M
der the control CT Don Jose r. Soils.
loyal subject OF her majesty, the Queen
Regent Of Spain; that Of April p, state
of war existed between the United States
and Spain; that on or about April % an
actual and effective blockade OF the port
of Cienfuegos on the southern coast Of Gu
ba was established ana public notice was
given to the world by the proclamation
OF the President; that a similar blockade
OF Santiago was established on or about
May 20, and Of Guantanamo on or about
June 8.
The proclamation of the blockade Of the
southern coast Of Cuba from Cape Fran
ces TO Cape Cruz was not made until Junei
q, but it is declared in the libel that the
fact that United States warships Were
keeping guard at the entrance to Sanu-
ago, Manzanino and Guantanamo was well
known to Capt. Yeates, the master of the
Adula and to Don Jose R. Soils, her char
terer. prior 10 the departure Of the vessel
from Kingston for those ports.
The tenth section Of the libel states that
just prior 10 the departure of the Adua
from Kingston, Jamaica, on June Is the
United States consul there refused 10 Capt
Yeates and Senior Soils permission to en-
ter the ports named, because Of the block
ade and notified them that the Adula could
not enter them for any purpose. Neverthe-
less on June Is. the Adula cleared for
those ports as shown by her papers.
"
that Capt. Yeates and Soils had in their
possession a large number Of letters from
citizens of Spain to others In Cuba, the
object and intent of which were 10 carry
on communication and commerce between
the bockaded ports and the outside
world
Prior to the voyage on which she was
seized, the Adala, 1t Is stated, was permit
ted by the United States consul at Kings
ton. jam, TO make certain trips through
the blockade al CicnfIegos to take out pas
sengers, among others certain American
citizens there. On one Of these trips, the
Adula was boarded by an officer from the
Marblehead, and furnished with a copy Of
President McKinley's proclamation declar-
Ing a blockade there. On another Of these
permitted trips. the Adula was stopped by
The cruiser Brooklyn, and then allowed to
go in and take out passengers.
In the next place, it is charged that on
June IS the Adula cleared from Kingston
for Cienfuegos, and without the permits
sion Of the United States authorities, hav-
ing evaded the blockade, entered that
port and delivered a number of heavy
packages, the contents of which are I'M
known. On the return voyage IL Is charg-
ed that the Adula took out under an as
sumed name a high Spanish official, name
~, the private secretary Of Capt. Gen.
Blanco She was overhauled on June 49,
by the cruiser Yankee, but as she was
flying the British flag. she was allowed TO
proceed on her voyage, but was given no.
tice of the blockade Of Cienfuegos and
warned not to return again.
The next trip Of the Adula was the one
that led to her capture. 1t is said she
took or a cargo at Kingston on June q
but on the morning of June IS discharged
it and took on about three times the guam
tity of coal necessary for her Ostensible
voyage. The chartered Soils then cabled
Santiago, il is said, for a Spanish pilot
TO meet the vessel at that port.
The Adula arrived off Santiago on June
o. but perceiVing the bockading squadron
changed her course for Guantanamo, az
with place, at about 5 O'Clock in the
afternoon, she was captured by the Mar
blehead. Lieut.. Z. A. Anderson was plae-
ed on board and she was ordered TO Sa
vannah as a prize Of war The libel holds
that under these circumstances the vessel
and her cargo are a lawful prize Of war,
and subject to be condemned and forfeited
TO the United States as SUCH
The district attorney asks the court that
all persons interested may be cited 10 ap-
pear and make their claims in the prem
ises, that the vessel be declared a prize of
war, and that she be condemned and or
dered sold and the proceeds distributed in
accordance with the law on the subject
This libel was filed in spite of the fact
that the prize commissioners have moi yet
concluded their testimony in the case.
1t is necessary that ten days Be given the
claimants for making answer to such a
petition. and the district attorney consid-
cred that the case had proceeded far
enough for the basis OF libel.
The prize commissioners continued to
take testimony yesterday, Rear Admiral
T. L. Benham sitting with them.
They viii go on with their
investigation to-day and until
they finish The filing of the libel
however, accomphshes two objects. In
the first place, it win considerably expe-
dite The case. as the answer OF the claim
ants can be fled now at any ume In the
next place the vessel is now in the hands
OF the United States marshal being re-
moved from the custody of the prize com
missioners and The prize crew.
The witnesses. however. are still sub
Ject to the orders OF the prize commission
ers They were ia a sort OF hot box on
the vessel, being kept there practically
in close confinement, and the marshal can
now bring them into the city and fad