Evening star., 1901-04-23
ADMIRAL DEWEYS CLAIM
EARRING BEGUN TO-DAY IN CASE IN
VOLVING PRIZE MONEY.
List of Captures UPon Which Libel In
Prize il Based-The SamP-
son Case.

Hearing was begun today before Justice
Bradley of the Supreme Court of the Dis
trict of Columbia, sitting court OF
admiralty. of the libel In prize. Instituted
by Admiral George Dewey and other Of
fioers. claiming prize money in the follow
ing captures: The Don Juan de Austria,
Isla de Cuba and Isla de Luzon; the Ma
Mia. Rapido, Callao and other property
afloat; the naval stores In the Cavite ma
val station and the captured cascos.
The action is for the condemnation in
prize Of the property mentioned. including
three Spanish vessels Of war. captured as
a result of the battle Of Manila.
The United States has answered admit
ting In general the allegations of the libel
but asking proof of the details The an
swer Is a general denial that the property
claimed as prize. with certain exception.
Is properly subject to condemnation as
prize.
The issues involved In this case are both
of law and fact The claim Is based upon
three different classes OF prize property, as
follows:
Vessels and their equipment and the
goods upon them captured afoat and taken
into the United States service and ap-
praised. These include both public vessels
and private-the cascos.
Vessels grounded in the battle and after
ward raised, the Don Juan de Austria, the
Isla de Cuba and the Isla de Luzon.
Naval stores captured ashore at the navy
yard. These are subject to a division into
stores actually consumed I'm the United
States service and stores recently returned
to Spain. Part Of those consumed were
appraised and part were used without ap-
praisal.
Alleged Questions of Fact.
The chief questions OF fact involved are
questions as to the value of these various
classes of prize property. 1t has been
agreed that these questions shall be re-
ferred to an auditor for report. the court
at the present hearing to pass upon the
questions of law involved and to frame a
decree, of which the amounts are to be
filed In upon subsequent findings OF the
auditor
AS to the points OF law before the court
for determination. II Is conceded that the
first class of prize property, vessels cap
tured af1oat, their outfits and supplies, are
rightly the subject Of prize and that de-
cree must be entered in favor Of the libel
liant for these. The questions being dis
cussed are:
Are the Don Juan de Austria. the Isla de
Cuba and the Isla de Luzon prize?
Is the property captured ashore prize?
If so. is the property restored to Spain to
be excluded?
Attorneys Herbert and Micou, and Charles
and VIM B. King, counsel for Admiral
Dewey and his fellow captors, Insist that
the court should decree to the captors one
half the net proceeds of the property
claimed. This stand is opposed by Mr. Chas
c. Binney, special attorney for the govern
ment.
Admiral SampsOn's Claim.
Following the argument in the Dewey
| case, hearing will be had in connection with
the libel in prizes instituted by VIM. T.
Sampson, rear admiral United States navy,
| in his own behalf and also in behalf of the
officers and enlisted men of the United
States naval force the north Atlantic
station who took part in the naval engage
ment off Santiago de Cuba, July g. 1898, and
subsequent captures, against the Spanish
vessel of Infanta Maria Theresa and