The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-07-27
TO TAKE UP THE ADULA CASE.
JUDGE sPEER WILL CONVENE THE
PRIZE COURT TODAY.


AduIa Had Notice of the Blockade,
But There Are Many Points in Her
FavOr-Curried the British Flag,
and Had No COntraband Cargo.
Fight VIII BE n Strong One on
Both sides-COurt OmcIaIs Have
PrOceedings-May Ask Permission
TO Give Bond.
Judge Emory Speer will reach Savan-
nah this morning and will convene the
| United States Court AT 10 o'clock for the
purpose Of holding preliminary hearing
in the case Of the British steamship
Adula, now held as a prize.
A synopsis of the libel filed In the case
by Mr.. Marion Erwin and Mr.. w. r.
Leaken. district attorney and assistant
| district attorney RESPECTIVELY, has already
been given in the Morning News. The pa
per in some respects sets forth rather a
strong case, 1t being based principally on
the fact that the master and crew of the
Adula had full anu due notice of the
blockade of the southern coast of Cuba
by the United States warships, besides be-
ing warned by the American consul at
Kingston. Jamaica, not to make the trip
to Guantanamo and Santiago, where she
was captured by the cruiser Marblehead
Maj. P. w. Meldrim will appear for
the owners. the Atlas Steamship Com
pany, and the case will be strongly fought
on both sides. There are many things in
! favor of the steamship which of course
will be brought out in the answer to the
| libel. In the first place she was flying
| the flag of a friendly, though neutral
power, that of Great Britain, which is of
itself'a point in her favor
Another strong point in the Adula's fav-
or is that she had no contraband goods on
board, and the only thing found of any
consequence by the prize commissioners
was lot of letters written by people in
Kingston to their friends and relatives in
Cuba. The claim is made by the owners
that the Adula was on a peaceful mission,
one which contemplated nothing more
than the carrying away from the island
of some suffering refugees, and ]. R.
Soils, the charterer, is said to have stated
that, though he was warned by the
American consul at Kingston not to CO.
that it was his Intention and that of the
captain to ask permission of the blockad-
ing fleet before entering any of the block
aiding harbors.
The hearing before Judge Speer this
morning is for the purpose of determining
whether there is sufficient evidence on
which to hold the vessel. If not he may
order additional evidence taken, or he
might order her release. 1t may be that
if 1t is found there is not sufficient testi-
mony from the ships officers and crew on
which to hold the Adula, she will be per-
mitted to give bond instead of being kept
| here in which event the case would prob
ably not be tried before next October. 1t
| Is understood a petition for bond will be
made to the court The bond would nee
essarily be heavy one. since it must be
| double the value of the vessel, in this
case about $9OO,O It is said the Adula
cost about $4,000 new.
| It may be said much to the credit Of
| the court and its officers here that this
! case has been greatly expedited, and
| there has not been one bit of unnecessary
| delay. The Adula arrived here on Satur-
day, July 49, in the afternoon. The prize
commissioners began taking their test-
mony on July 49, and on July q had
| finished taking the testimony of both the
ships crew, and such members of the
/ prize crew as was deemed necessary by
the attorneys for the government. This
latter testimony will only be used in the
| event the case goes to a trial In court.
The crew of the Adula was released on
July 81, and the case was practically
ready for a hearing yesterday, or within
ten days after the arrival of the vessel.
| In some of the other ports to which prizes
have been carried 1t has been two months
or more before this preliminary work was
accomplished.
The crew of the Adula were found most
clever, and have interposed no obstacles
! to the investigation. They accept the Sit
uation as one of the fortunes, or rather
the misfortunes of war, and look upon it
philosophically. Don Jose r. Soils, the
charterer, was released at the same time
with the crew and was not held as a
prisoner of war as 1t had been suggested
he might.