The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-23
UNCLE SAN LUGS OFF CRUISER
HE LEGALLY SEIZED CHATTA.
NOOGA ON OCT. 10.
On That Date United States MarshaIs We're
Put Aboard Her-Y esterday, However.
Seven Navy rugs T0wed Her From Jer.
sey Jurisdiction to the Navy Yard.

Seven Navy tugs TOWe0 Hef from Jer.
sey Jurisdiction to tho Navy Yard.
The cruiser Chattanooga and the torpedo
boats Nicholson and o 'Brien. about which
the Navy Department. supported by the
United States Courts. and various creditors
Of the Crescent Shipyards at Elizabeth
port, backed by the State courts of New
Jersey, have been quarrelling Tor months,
were taken possession OF yesterday by
the Department. The three vessels are
now tied UP at the Brooklyn Navy Yard,
where they will be brought to completion.
The latest bulletin issued by TIE Depart
ment shows that the work on the vessels
has progressed as follows: Chattanooga,
70 per cent; Nicholson, 90 per cent; o 'Brien
86 per cent.
A feet Of seven sea-going navy tugs,
manned by thirty-six seamen from the re-
oeiving ship Hartford besides their regu-
lar crews, and commanded by. Lieut.
Commander Walling, swooped down on
the yards at Elizabethport at daybreak
Yesterday and began preparations for the
immediate removal of the three vessels
in dispute. The work was directed by
Assistant Naval Constructor Nutting and
included the carrying away of all the ma
not used, for the completion OF the boats.
For the last mentioned purpose the attack
ing fleet had brought along as auxiliary
vessels the floating derrick Victor and
lighter.
The move to obtain possession of the un-
finished vessels was ordered by telegram
from Washington received at the Brooklyn
Navy Yard late Wednesday night. 1t
directed that the greatest secrecy should
be observed, although the United States
had already taken legal possession Of the
boats on Dot. 10. On that date the United
States District Court Of New Jersey granted
a writ Of replevin, setting aside the order
Of the State court for the sale at public
auction of the boats on the following day,
and authorizing the Navy Department to
take the boats.
A copy of the writ was nailed up over
the forward companionway OF the Chatta-
nooga on the same day by United States
Marshal Alcott. The deputy sherifis placed
Immediately afterward and their places
taken by United States deputy marshals.
Two naval officers appeared also at the
yards and remained there till yesterday.
The two Mexican unprotected cruisers,
which are still in the hands OF the State
courts, had to be towed aside to leave
way open for the removal of the Chatta-
nooga. This and the loading of the loose
material on board the lighter occupied the
invading forces till o'clock. When the
start was al last made quite an impressive
procession was 1Ornleu ne WoTh was
made harder for the tugs by the absence OF
rudders on their tows. This made the
steering Of the cruiser especially a delicate
matter But all went well. After much
putting and blowing Of whistles the navy
yard was reached about II o'clock.
Sheriff Coriell az we'll as the officials Of
the shipyards company professed yesterday
to be very much surprised by the move Of
the Navy Department, but it Is suspected
they knew all about it in advance.
WARRINGTON Oct. 22;-The seisure Of
the Chattanooga and the torpedo boats
Nicholson and O'Brien at the shipyards of
Lewis Nixon. Elizabethport, N. J., was
made on the advice Of Attorney General
Knox. He held that the vessels could he
taken by the Federal authorities under a
writ Of replevin. bond being given by the
Government to insure against loss the
creditors of Lewis Nixon who had furnished
material or labor for the vessels. A bond
has been given to protect creditors. All
three vessels will be completed at Govern
ment expense.
A board of survey will be appointed to
determine the amount due Lewis Nixon
for work on the vessels.