Evening star., 1901-06-27
THE PRIZE CASES
Court Passes Upon Claims Of Admirals
Dewey and Sim ,son.
MANILA And SANTIAGO HARB0RS
Destruction Of Spanish Fleets and
Capture of Property.
JUDGE BRADLEY'S DECISION

l.
Justice Bradley, sitting in Equity Court
No. 2, today rendered decision in the
cases Of Admiral George Dewey and Rear
Admiral William r. Sampson, who recent
ly filed claims for prize money in connec-
tion with the capture and destruction Of
the Spanish fleets in Manila bay May /,
1898. and outside Off Santiago harbor July
of the same year, and the capture of
miscellaneous property by both officers on
the dates mentioned. The decision was
very long one. It held that in the
case Of the Manila bay incident all the
ships which were sunk in the engagement
and afterward raised and placed in the
United States naval service constituted
good prize property, and that the captors,
including Admiral Dewey, his officers and
men, were entitled to a sum Of money
equal to one-half Of the value Of such YES
sells These naval officers and men were
held to be entitled to one-half Of the value
OF the guns. ms munitions OF war and other
property taken from the Spanish vessels
which were sunk and destroyed in the en-
gagement. 1t held by the court how
ever that the officers and men We're not
emitted to prize money for property cap
tured on shore, nor to money in connection
with the capture of cascoes and other har-
Dor vessels subsequent to the engagement,
IN the case of Rear Admiral Sampson,
MS oHcers and men prize money was
claimed for the capture &C I, SPANISH
cruiser Maria Teresa and other Spanish
cruisers and also for the capture of guns
naval stores and other property taken
from that and the other vessels in Ad-
mlral Cervera's squadron The court held
that although the Teresa was lost at sea
after being raised at Santiago It still con-
stituted good prize property, and that the
n n n rr,ifL oil
aboard should be considered as the same
Admiral Sampson and his men were there
fore held to be entitled to a sum of money
equal to one-half the value of such ves-
sells and property.
Prize and Bounty.
In rendering his decision Judge Bradley
referred at length to the differences ex-
isting between money obtainable as prize
money and that which might be claimed
as bounty money. He said that the fact
that several Of the vessels which were
sunk and afterward raised and placed into
use as United States naval vessels was
evidence that the captors were entitled to
prize money sought to be recovered.
The official title of the cases was as fol-
lows: George Dewey versus the Don Juan
de Austria. Isla de Cuba, Isla de Luzon,
Mindanao and other vessels captured and
sunk in Manila bay May i, 1898. William
7. Sampson versus the Infanta Maria
Teresa and miscellaneous stores and sup
plies captured in the battle of Santiago
bay July 8, 1S9S."
The Courts Opinion.
The decision In part is as follows:
'On the part of the United States 1t is
conceded that some Of the property was
captured under such circumstances as to
entitle the libellant to proceed for its con-
demnation as prize. Such property includes
the Spanish sea-gofng vessels, with the
property found on board Of them and equip
ment belonging to them, captured in the
battle Of Manila bay or soon thereafter in
the course of active naval warfare. But
the right to condemnation is denied of
property taken from vessels sunk or de-
stroyed in that engagement for the sinking
or destruction Of which vessels the libelIant
and the officers and crew under him have
claimed and received bounty under the
statute; Of three Spanish vessels Of war,
that at the close of the battle were run
into shallow water near shore and there
sunk by opening their sea valves; of prop
erty captured at shore at the naval arsenal
and Of some non-sea-going craft, q species
Of lighter called cascoes, the property OF
private individuals.
Questions Raised.
-Four distinct questions are thus raised.
1t is agreed that the court in passing
upon these 0uestions may confine itself
simply to the question of prize or no prize,
and that all questions of value and dis
tribution may be reserved for disposition
by the auditor Of the court in the first in
stance. Judged by the standard of value
the first question is whether the three ves-
sells of war are liable to condemnation.
They have not nor has any other property
for which condemnation is prayed been
brought into court 1t Is conceded that
these vessels are now in the service of the
United States, and that the other property
was appropriated to its use, so that none
of the property can be sent in for adjudica-
ton.
1.-THE Secretary of the Navy having
failed within three months after the cap
ture to designate district for the institu-
tion of proceedings this action was brought
in this court
I'm behalf Of the United States 1t is
urged that these vessels, so far as the act
of the United States fleet affected them,
were sunk in Manila harbor. May l, 1898;
that such was the status then, and that the
subsequent act of the Navy Department
in raising them and repairing them did
not affect or change that status. And it is
insisted that the Hbellant is not entitled
to have an adjudication in prize, but is only
entitled to bounty under the provisions OF
the law.
Matter of Bounty Discussed.
1.-The special attorney for the United
States has supported his contention most
ably and fngeniously by brief and argu-
ment in which he goes into the history of
bounty legislation, and shows that the libel
liant officially reported these vessels as de-
stroyed. and that for other vessels also re-
ported destroyed, shown by the testimony
to be susceptible Of being raised. although
to not such good advantage. the hbellant
has claimed and collected bounty. 1t is
true that they were sunk and that efforts
were made to destroy them by burning,
but the burning was only partial, because
the vessels were submerged and the sink
ing was only temporary and not beyond
recovery. That they were raised and re-
paired and are now in the service of the
United States are facts that seem to prove
that they were not destroyed but cap
tured. The Cavite arsenal was captured
Immediately after the battle of Manila,
and these vessels, whose principal injuries
were not from gun fire but from flames
came into the possession of the navy.
IF anything were needed to settle the
question whether these vessels were cap
tured, or sunk or otherwise destroyed it
might be found in the certified copies of
their appraisement furnished by the Sec
retary Of the Navy upon the request Of the
court.
Word Prise Defined.
s Whether nronerfv "a ntured IN land hy