The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-08-16
DnIlA OWNERS MUST APPEAL.
.,.nGE sPEER REFUSES TO ALLOW
FURTHER TESTIMONY.

Haa
5 Further Testimony Would Not
,.t,,n..e the RcsuIt-When a Sub
Of the Enemy Hires n Neutral
.,.t, II Becomes the ship of the
,,,,,,---Intercsting Opinion of the
Court.
10. Emory Speer has rendered a deci-
,sflsing to reopen the hearing in the
49,. of the prize steamship Aduia for the
limo Of further testimony, on the ground
- all the facts in the case show clearly
,,,.r she Is a lawful prize, and further tes-
.t,,pv he says, would not change the re-
suit
1,lga speer's opinion in the case is
lengthy one, covering twenty-one pages
81 ,laselv typewriter matter. In the out
49,, he reviews the testimony as present
"A of the first hearing in connection with
,be facts as subsequently presented to
him At Mount Airy. In This second hear
inc afidavits were presented from parties
j., Jamaica going 10 show that the Adula
,as mot engaged in attempting to avoid
the blockading fleet.
According TO admiralty law if the court
considers. on the presentation of the
srsf evidence in the case, that there is
some doubt as 10 it's standing, it is in his
discretion to order further proof. That is
what the defendants, the Atlas Steamship
ComDanv of Liverpool England, asked
TOR In this case the burden of proof was
nut upon them, the claimants.
Judge Speer's opinion then gives an &C
connt of the charter of the Adula by
Don Jose r. Soils, a loyal subject of the
Queen Regent of Spain, who so testified
before tho prize commissioners All the
facts going to show that Soils was
loval Spaniard, such as that of the pass
port issued to him by the authorities 1T
Manzanillo, and others papers commend
ing him 10 Spanish authorities.
with this allegiance and thus support
ed by Spanish authority, Don Jose char
tered the Adula and with this charter he
left the harbor of Kingston, Jamaica, on
the 2Sth day of June, 1895" says the opin-
ion with the Adula he steamed away
toward Santiago, and when in sight of
the blockadng fleet sheered off to Guam
tanamo. where he was hailed brought to
H and directed into the harbor by the
\ Vixen, and shortly thereafter seized by
Commander McCalla of the Marblehead.
both United States cruisers on duty us
blOckading vessels at that port. While
It is true that the Adula was owned by
British subjects it is clear from the testi-
mony of Don Jose that for all the pur-
poses of this voyage, having been char
tered by a Spaniard, she was a Spanish
ship The authorities on this subject are
as abundant as conclusive. That great
admiralty judge, Sir William Scott, after
ward Lord Stowell, in the Ranger, 6 Rob.
l26, decl9red If the owner viii place his
property under the absolute management
and control of persons who are capable of
lending it in this manner to be made an
instrument Of fraud in the hands of the
enemy, he must sustain the consequences
Of such misconduct on the part of his
agent
It was suggested that Senior Soils was
ready to subscribe to sentiments in favor
OF the American government. This, how
ever, the court would not permit, Judge
Speer says, as it would contradict his
former testimony, nor would it be COM
mandatory OF his credibility. 1t appeared
also from the testimony before the prize
commissioners that the business of Senior
Soils was suspicious in the extreme. He
had paid an unusually large price for the
charter of the steamship, and did not at
tempt to conceal the fact that he eX-
pected 10 make money out of the trip. In
addition 10 this he carried many letters,
business ard otherwise, a transaction
which was in itself violative of a block
ode
Judge Speer also reaches the conclusion
that from the testimony the Adula had
ample notice OF the existence of a state
OF blockade at Guantanamo Santiago and
other ports on the southern coast of CUBA.
1T IS unfortunate for the claimant that
the Adula had been previously engaged in
several ventures" says the court, some
of which evinced a total disregard of
the blockade established by the American
commanders 1t is indisputable that with
nun prior notice of the blockade of Glen
iuesos, both by the Presidents proclama-
uon and by verbal communication, the
Adula had, without permission of the
American authorities, run an a supply of
provisions into that place on June 15.''
lows:
Thus in the voyage to Cienfuegos, then
oockaded, carrying in provisions to a
spanish consignee, In the voyage to Guam
,ahamo, Santiago and Manzanillo, all
uockaded, and other ports not named
conveying messages on Spanish commerce
ana aVoWedly intending to make a large
pront Tor himself a Spanish subject, from
having options to make another similar
.o9ase on similar terms, provided the
H tIId'Ierer gives the company twenty-four
hours notice after the arrival of the
s5aHer at Kingston, can it be doubted
.uat the Adula was under Spanish con-
u5ler disregard of the blockade establish
w. NY lne President and by the command
eIs Oh American vessels.
pom careful reconsideration of the
Il .LSy"Id, assisted as the court has been by
s.e exhaustive preparation and admirable
~ s"Iuents on those interesting topics by
r. Hlted states attorney, Mr. Marion
irwin and by Mr. Everett P. Wheeler
ptoelor Tor the claimant, 1 am satisfied
S d. Cne correctness of the decree of con-
,o,, uon and I am clearly of the opin-
t ot lHat the additional evidence offered
t@Nen IN connection with that already be-
si,i, me court, would not change the re-
s6r.,, ne motion to open the decree and
oETerruled and denied"
frdrp e'G VIII undoubtedly be an appeal
sn SIM ms decision to the United States
A5,I g''l l.r court In the meantime the
cor1,' ca VIII be sold and the fight will be
'0'I'ed on over the proceeds
DEPOSITORY FOR BANKRUPTs.