The times., 1901-06-28
PRIZE MONEY FOR SAILORS.
The Dewey and Sampson Cases De-
cided Favorably to the Men.

!
the battles of Manila Bay and Santiago
! spectively, by the American forces
under the command of Admiral Dewey
and Rear Admiral Sampson. In brief, the
court held that the claimants are entitled
to prize money for their officers and men,
for the Spanish vessels captured by the
| American fleets in the battles referred
to. The court also held that the libel
ants are not entitled to prize money as
a result of the capture of any arsenals
or stores or other property on land, which
belonged to the enemy.
| In the suit of Admiral George Dewey
on behalf of his officers and men against
the Spanish feet consisting of the Reina
! Christina, Castillo, Don Antonio de III
! loa, General Lezo, Marques del Duero
Argos. Velasco, Isla de Mindanao Don
Juan de Austria, Isla de Cuba, Isla de
Luzon. and Manila commanded by
Admiral Montojo, Justice Bradley holds
that all the ships which were sunk in the
enga cement and afterward raised and
placed in the United States naval service
were good prize property and that the
! captors, including Admiral Dewey, his
officers and men, are entitled to sum of
| money equal to one-half of the value of
such vessels. These naval officers and
men, in the opinion of Justice Bradley,
! are also entitled to one-hah of the value
Of the guns, munitions OF war, and other
property taken from the Spanish vessels
sunk and destroyed in the engag cement.
1t was held by the court, however that
the officers and men are not entitled to
prize money for property captured on
shore, nor to money in connection with
the capture of cascoes and other harbor
vessels subsequent to the engagement
In the case of Rear Admiral Sampson.
his officers. and men, prize money was
claimed for the capture of the Spanish
cruiser Maria Teresa. and also for the
capture of guns, naval stores, and other
property taken from that and other yes
sells in Admiral Cervera's squadron. TIE
court held that although the Teresa was
| lost at sea after being captured and raised
at Santiago, it was good prize property
and that the other vessels captured with
| all property aboard constituted the same.
| Rear Admiral Sampson and his men
were therefore held to be entitled to sum
| of money equal TO one-half of the value of
such vessels and property.
| In the case of Rear Admiral Sampson
\ on behalf of his officers and crew against
| the Infanta Maria and various miscella-
neous stores and supplies captured in the
battle of Santiago Bay, on July 3, 1898, the
decision of the court is practically the
same
Disposing of the two cases, Justice Brad
| ley discussed at length the differences be-
tween money obtainable as prize money
and that which could be claimed as boun-
ty money in connection with the different
| phases of the case under consideration.
The fact that several of the vessels which
were sunk and afterward raised and put
| into use by the United States Govern
ment, he said, was evidence that the cap
| tors were entitled to prize money for
them.
The condition of the Spanish feet in
Manila Bay after the battle of May
is described in the report submitted to
the Bureau of Navigation, as follows:
The Don Juan de Austria, Isla de Cuba,
and Isla de Luzon, under the severe gun
fire of the American feet steamed TO
position of greater safety, and still en-
tirely perfect, 50 far as iotation was
concerned, after the battle, dropped an
Choir, backed ashore, and when in shall
low water opened the sea-valyes and set
tied on the bottom. The upper works
were afterward, under orders OF Admiral
| Dewey, set on fire by a detachment from
the United States feet
The condition of the three vessels narl-
| ed, after the battle, was as follows:
!
| of the main decks was about three feet
| above water, and the after end about
| three feet below water at low tide. The
soundings showed from fourteen to
fifteen feet OF water.
'IsIa de Cuba-The forward end of the
| main deck was about three feet out of
water. and the after end two feet below
water at low tide. The SoundingS were
eight to ten feet at low tide
| '-Isla de Luzon-The forward end of the
main deck was about one foot below wa
| ter, and the after end about four feet
above water at low tide. The soundings
| showed twelve to fifteen feet of water.
The principal damage on all three YES
| sells was done by fire, which, in cOnsum-
| ing the woodwork, caused heavy warp
1 ing and buckling on the adjacent metal
work On all three vessels the fire was
| limited principally to the part from
| bridge house to stern, extending from
| poop 10 berth deck On the Don Juan Gs
Austria some damage was done by shot
| though not Of sufficient consequence TO
| be specified; on the isla de Cuba and the
! lsla de LuZon the damage from this cause
was uninportant.
The following specified conditions per-
! tain to the lsla de Luzon, but may be
/ taken generally as applicable also 10 the
| lsla de Cuba:
Hull work-sllin plating and framing
was ScOrched, warped, and bucltled from
near the water line upward. along stern
and along both sides TO about abreast the
| boiler hatch. Most OF the plating and
some of the framing in the region of the
poop was in such condition that, when
the vessel was refitted, il had to be re-
| moved and Strengthened, and some of 1t
! renewed. from the berth deck upwa rd,
| and part of the plating of the hammock
| berthing had to be removed and straight
| ened as far as the break Of the forecas-
/ tie"
Justice BradIey's decision. which is
! lengthy one and consumed fifty-five min
| utes in it's delivery, is in part follows:
On the part of the United States it is
| conceded that some Of the property was
| captured under such circumstance as to
! entitle the libellant to proceed for its
! condemnation as prize. Such property
| includes the Spanish seagOing vessels
| with the property found on board of them
| and equipment belonging to them cap
| thereafter in the course Of active ayal
| warfare. But the right 10 condemnation
| is denied of property taken from vessels
| sunk or destroyed in that engagement.
| For the sinking or destruction of such
! vessels the libelant and the officers and
| ceived bounty under the statute: of three
| Spani vessels Of war that at the close
| of the battle were run into shallow wa
| ter near shore and there sunk by open
| ing their sea valves; OF property cap
| turcd ashore at the naval arsenal and
of some non-seagoing craft, a species of
| lighter called cascoes, the property of
| private individuals.
| -Four distinct questions are thus
| raised. II is agreed that the court, in
| passing upon these questions. may con-
| fine itself simply TO the question of prize
| or nc prize. and that all questions of
value and distribution may be reserved
| for disposition by the auditor of the court
| in the first instance. Judged by the
| standard of value, the first question is
ble 10 condemnation. They have not nor
| has auy other pTDpcTtV for which CON