Show TO END CONTROVERSY COURT 01 CLAIMS WILL SOON SETTLE VEXED QUESTION Did the Cruiser New York Pnrtl I cipnte in the Battle of July 3rd at Cerveras Fleets Destruction New York Jan IBA special to the Herald from Washington says And the AttorneyGeneral avers that all the hereinnboe named vessels of the Kins of Seam were sunk or destroyed on or about July 3 1S1 S by the llbel lent Hear Admlrnl W T Sampson und the vessels under his command This Is an extract from an answer just filed by AttorneyGeneral Grlggs to the libel filed in the Supreme 0711 rt of the District of Columbia by Rear Admiral Sampson in his own behalf and also in behalf of the oflicers and inllsted force of the North Atlantic station who look part in the Santiago naval engagement against lit Infanta Maria Teresa and miscellaneous 1 t stores and supplies captured upon her and other Spanish war vessels It forecasts the purpose of the Department De-partment of Justice to support the contention that the armored cruiser New York actually participated In the battle with Cerveras Heel and that its addition to the force made it superior super-ior to the Spanish squadron Should It be decided by the Court of Claims that the American force at Santiago was the equal or superior to that under the command of Admiral Cerveru the American offiiers and men will be entitled to bounty amounting to xino for each olllcer and man on hoard the Spanish Heel Jf the American Amer-ican force was Inferior to the Spanish squadron then a bounty of 201 for each oflicer and man on the destroyed vessels will be allowed Under the terms of the law regarding regard-ing prizes The nut proceeds of all property condemned shall when the prize was of superior or equal force to the vessel or vessels making the capture cap-ture bo decreed to the raptors and when of 1 inferior i lorce nnehnlC I ii hut ii be decreed lo Un United Stales and the other half tn 1 the captors JL Is expected that the Court of Claims and I ho District Supreme court will determine the t question of whether the Nvw York took part In 1 lie bat tie and by l its decision tin end will be put to the cuntn > erry which has been agitating the navy and the country since the battle occurred According to the brief submitted by thi attorneys for tilt llbclunls Admiral Ad-miral I Sampson Is informed and believes be-lieves I that the said naval force of the I King of Spain supported as aforesaid by the Snanlsh land batteries wits of force equal nr superior tu that of the United Slates navy The libelams brief further asserts that the New York was Included In the fleet Vhlle the AltonuyCiiMieral In his reply makes no statement relative to the American force actually engaged In tin battle ilh ervoras Heel he denies thai the said naval forces of the King of Spain supported by any land batteries to the lire of which the said vessels of the United States navy ere i exposed dining the said engagement en-gagement was of force equal nr superior super-ior to that of the said vessels of the United Stales navy The AttorneyGencial further asserts thai I all Ihc Spanish vessels were sunk or I destroyed yo that neither of the said vessels of the said King of Spain nor any naval stores supplies or other property upon time jame could become blue subject uf condemnation of prize to the libellant and the officers and erews of the vessels under his command com-mand j After the destruction of the Spanish vessels the United States at its own expense ralsqil the Infanta Maria Teresa and the property taken from other vessels The property or the proceeds from Its sure he declares Is now in the possession of the Government Govern-ment and for that reason no part of it has boon or can be sent in for adjudication adjudi-cation to any court UL therefore prays that the libel be dismissed |