The "prop wash" method for uncovering sunken treasure employs a powerful stream of water to blow out sand RELATED VIDEO Kathleen Koch reports that the United States and Spain have gone to court over a nearly 200-year-old shipwreck Windows Media 28K 80K

June 26, 1999
Web posted at: 10:18 p.m. EDT (0218 GMT)

In this story: Court grants Spain ownership of wreck 'It's basically a destructive process' Treasure hunter anticipates ruling this summer RELATED STORIES, SITES

From Reporter Kathleen Koch

CHINCOTEAGUE, Virginia (CNN) -- Nearly 200 years after it sank in the Atlantic off Maryland and Virginia, a Spanish ship loaded with gold is caught in a storm swirling all the way across the ocean.

Three years ago, treasure hunter Ben Benson discovered the skeleton of the vessel, partially buried in mud and sand just 1,500 feet from Assateague Island, Virginia.

He believes it is the Spanish frigate Juno, laden with $80 million worth of gold, which went down in 1802.

Court grants Spain ownership of wreck

Soon after Benson began hauling up artifacts from the wreck, Spain hoisted the battle flag. In an unprecedented move, the Madrid government asked for and was awarded ownership of the wreck, citing it as the solemn resting place for the 400 Spanish sailors who drowned in the mishap.

"They died in the line of duty," said Rafael Conde de Taro, the Spanish Embassy Deputy Chief of Mission. "And as such are entitled to respect from their own country and any other country, or any other waters where they might be."

The U.S. government has joined the fray, in part because of the concern that Benson's "prop wash" method to uncover artifacts would damage the wreck.

'It's basically a destructive process'

"That powerful stream of water is just literally blowing the sand out. It's basically a destructive process," said Carl Zimmerman of the National Park Service.

The crew aboard the Sea Hunt insist they have protected the Juno, not plundered it. They maintain they have adhered to strict archeological guidelines regarding record keeping, mapping and inventory of the historic items.

"The Juno was an unknown wreck. Fishing boats were getting caught on it, ripping up pieces of it, coins washing ashore," said Sea Hunt diver Peter Hess. "How can they argue that somehow it was protected in the state that it was in is just ridiculous."

Treasure hunter anticipates ruling this summer

A federal judge should rule this summer whether Benson can resume diving on the Juno, or if he should receive compensation for time and money he has already invested.

Whatever happens, Benson says he has helped preserve a rich part of history. "I'm hooked on this particular wreck, on the whole history and story. And behind it there is a story better than the Titanic."

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