The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-07-29
ADULA DECLARED A PRIZE.
JUDGE sPEER DECIDES HER sEIZ-
URE WAS LAWFUL.

ing n Final Determination of the
Case-An Appeal TO the supreme
Court sure to BE Taken-Chartered
by spaniard and the Evidence
Made it Appear That He Had Been
Carrying Provisions and Aid 10 the
spaniards in Cubn.
The British steamship Adula has been
declared IA lawful prize of war by Judge
Emory speer. and unless a higher tribunal
intervenes. viii be sold as such
The decision of the court was reached
at O'Clock yesterday afternoon, imme-
diateIy after the conclusion of the arsu-
ment upon the evidence presented. The
decision was evidently somewhat OF
surprise to the counsel for the owners as
well as to the officers and crew of the
Adula. who have been awaiting a determ-
ination of the case.
The arguments pro and con took up
about four hours, and We're not finished
until shortly after o'clock. Mr.. w. r.
Ieaken, assistant district attorney opened
for the government. He was followed by
Maj p. W. Meldrim and Mr.. Everett
2. Wheeler Of New York Tor the owners
the Atlas Steamship Company, and Dis
trict Attorney Marion Erwin presented
the conclusion of the case for the captors
and the government.
The attorneys for the government took
the position that all the circumstances IN
connection with the Adula showed that
she was a blockade runner and that the
law and decisions, as applied to the facts
Iaff No doubt t1rop that uOtpt.
1t was held that the price for which she
was charted was an unusually large price
to pay; that she was under the control
of ]. r. Soils, a Spaniard; loyal subject
of the Queen Regent of Spain; that the
charter showed he controlled the ship in
spite Of evidence presented TO the con-
trary; that he had a passport from the
Spanish authorities, which he destroyed
when he found he was going to be cap
tured; that when she approached SANTA
go and saw the American warshps her
course was changed to Guantanamo, evil
IDENTIFY by the direction of Soils; that Soils
was carrying letters and dispatches into
Cuba through the blockade, and that it
appeared he had been making regular
business of it.
1t was charged by counsel for the gov
eminent that the letter of instructions
from the ships agent to the master, three
copies of which were found on board, was
fixed UP as a fraud to be used as evil
dence in case of capture. It was held to
be a violation of the blockade to go there
even TO ask permission to enter. If YES.
sells were to be permitted to go TO the
blockading line to ask permission to go
into ports the whole system of blockade
would be broken down. Even approach
ing a blockaded port was held TO be VIC
lation of the blockade. The Adula intend
ed to go from one port TO another and
would no doubt have carried information
and dispatches between them She was
in charge of a subject of Spain, and 1t
was natural that he should remember the
interests of his own country.
Mr. Erwin held that a neutral vessel is
subject TO seizure when chartered by the
enemys merchants, and goes into the en-
emys trade. The charterer was Span
ish subject who lived in a Spanish coun-
try and had the confidence of the local
officials IL was stated that Soils had in
tended to take away refugees and make
money out of his venture. The very OBJ
ject of a blockade, Mr.. Erwin said, was
to interfere with the enemy's commerce
Carrying intelligence and dispatches into
a blockaded port was the same as carry
ing a cargo. II was also held that the
Adua had run the blockade before, and
had full notice of its existence, besides
having been warned by the American con-
sui not to go.
In the argument for the defense 1t was
held that the Adula was on humanitar-
ian mission, her object being to take out
of the country refugees who were suffer
ing from privation and want This, it
was supposed, had been encouraged by
the United States government The pri-
vate letters found on board the Adula
could cut no figure in the case unless
their contents were known to Capt.
Yeates or Mr.. Soils.
1t was stated that Mr.. Soils was a pri-
waite citizen of ManZanillo, where he was
engaged in business. 1t was shown that
he was simply trying to get out of the
country his wife and children and incl
dentally to make a profit on his charter
of the vessel. The old letters on board
the Adula addressed to people in Massa-
chusetts had nothing to do with the case,
as the Adula was at that time going to
Cuba and not away from the island.
The circumstances of the case were re
lated showing how the Adula had gone up
10 the entrance to Guantanamo bay, and
there whistled for a pilot. Such proceed
ure was hardly customary with blockade
runners. A blockade runner during the civ
q war would hardly have come into pybee
roads and there whistled for a pilot. She
would have made the rush at night under
fun steam and with all her lights out.
If it was intended to seize the Adula
she should have been stopped by the gum
boat Vixen. But instead of her doing that
the Vixen told her to proceed when II
was learned she was bound for Guantana-
mo bay. There was not a feature of the
case, it was argued that showed any
fraud.
Mr.. Wheeler then made a few remarks
with reference to the petition for bond
which had been filed. 1t was filed on the
ground that the vessel is of more intrinsic
value 10 her owners than her pecuniary
worth, IN that she was engaged in carrying
the mails and trading between points on
the island Of Jamaica and making conneC-
tons with the New York steamers 1t was
TO the interest of all, that she should be
allowed to go as soon as possible, he said,
for it is in the power of the court to award
damages against the captors, hence it
might be 10 their interest as well rs to
that Of the owners.
Judge Speer then rendered his decision
In the case declaring in accordance with
the evidence presented, that the Adula is
a lawful prize of war If this voyage on