Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-15
SU NIX, NOT CAP PTURED
Attorney Generals Answer in Admiral
Deweys Suit.
Proceedings "In Prize" in Supreme
Court of the District of
Columbia.

The United States of America, through
Attorney General Griggs. has filed answer
l In the Supreme Court of the District of
Columbia. in connection with the proceed
ings lin prize for captures at Manila
bay May l. 1898. and thereafter, instituted
by Admiral Dewey. The title of the case
is: George Dewey. admiral nited States
navy. on behalf of himself and the officers
and crew of the United States naval force
on the Asiatic station taking part in the
battle of Manila bay on May l, 1898, and
later captures at the same place against
the Don Juan de Austria, Isle de Cuba.
isla de Luzon, Leyte. Mindanao and other
vessels and miscellaneous stores and sup
plies captured by the fleet under command
of Hbelant.'
The Attorney General asks that the cause
be referred to a commissioner and that Adj
miral Dewey and his officers and crew, and
also the United States. may have leave to
take testimony before the commissioner
relative to the allegations to the libel and
in the answer.
No Capture.
II is true so the answer sets forth, that
war existed between the United States and
the kingdom of Spain on the 1st day of
MAY 1saS. but the Attorney General de-
MES that the squadron under Deweys com
mand did on that day capture from the
King of Spain the two protected cruisers
Isla de Cuba and lsla de Luzon ana the
unprotected cruiser Don Juan de Austria.
The Attorney General AYERS that the crUls-
ers mentioned We're sunk during the en-
gagement. No certain knowledge is had by
the Attorney General, SO he says, of the
manner In which the other property was
taken. and II IS asked that due proof or all
the facts and circumstances of the alleged
capture may be made.
II is admitted that guns, ammunition,
ships supplies and supplies Of various kinds
were captured by Dewey and the forces
under his command in the naval arsenal at
Cavite. and the shore batteries defending
the harbor and city of Manila: but he de-
nies that such captures authorize the con-
demnation of the property captures as
prize to Dewey and the squadron under
his command.
Superiority of Enemy Denied.
The Attorney General denies that the en-
emy's vessels engaged in the action of May
/. 1898. supported by any torpedoes, mines
and land batteries, to which, or to the fire
Of which, Dewey's squadron was exposed
during the action, We're of superior force to
the vessels of the squadron
1t is contended that the property appro-
priated to the use OF the United States. at
its own cost. remains in the possession OF
son II is impraCticable that any portion Of
the same should be sent in for adjudication
to the court.
The Santiago Naval Fight.
The answer of the United States through
the Attorney General has also been filed
in connection with the proceedings 'fn
prize brought by William T. Sampson,
rear admiral, United States navy, com
mander-in-chief, IN his own behalf and also
of the United States naval force on the
north Atlantic station who took part In
the naval engagement off Santiago de
lures, against the Spanish vessel Of war
Infanta Maria Teresa, and miscellaneous
stores and supplies captured upon her and
other Spanish war vessels.
Substantially the answer Is similar to that
filed in the case brought by Admiral Dewey.
As regards the controversy as to who
was actually in command of the American
forces during the Santiago engagement, the
following statement in the answer of the
United States in the Sampson case is s'g
nificant:
THE Attorney General AYERS that all the
hereinabove named vessels of the King of
Spain We're sunk destroyed on or about
July 8. 1898, by the ubellant and the vessels
under his command, that neither any Of
the said vessels of the King Of Spain. nO-
any naval stores. supplies or other prop
erty upon the same, could become subject
Of condemnation in prize TO the libelIaut
and the officers and the crews Of the yes
sels under his command
Admiral Sampson Is the Iibelant referred
to in the foregoing statement Of the At,or-
ney General