Evening journal., 1901-09-28
SAMPSON ASKED
FOR COUNSEL
Wanted Representation Be-
fore SChIey Court
M'CALLA TALKS OF CERVERA
Saws He Sent Information About the
SpaniardS to SchIey Which Latter
Heard With Reluctance

Washington, Sept 2S.--In the Schley
court of inquiry yesterday letter was
presented from Rear Admiral Samp.
son, asking to be allowed to be repre-
sented in the court by counsel, Messrs
Stayton and Campbell, but the court
refused to grant the request, on the
ground that "the court does not at this
time regard you as party to the
! case"
After the court adjourned Mr.. Stay
ton said today he would again renew
his request to be allowed to appear in
Admiral SIMPSONS behalf He added
that the continued references to Ad.
miral Sampson were offensive and
should be properly met He further
stated that he did not regard favorably
efforts on the part of the judge advo-
cate to prevent exploitation of Admiral
Simpsons part in the war. He thought
1t better to bring the matter in and
meet the questions squarely.
The principal witnesses of the day
were Lieutenant John Hood, who COM
manded the dispatch boat Hawk dur
ing the Spanish war, and Captain Bow
man II. McCalla, who was in command
OF the Marblehead.
Lieutenant Spencer S. Wood, who
commanded the dispatch boat Dupont,
continued his testimony, begun on
Thursday. The witness said that
while off Cienfuegos he had been on
picket duty two miles from shore on
the night of May 22, and had been in
structed to signal the squadron with
two red lights in case the enemy's tor
pedo boats came out of the harbor.
Said Harder Was Wrong.
Mr.. Rayner then read from the tes.
timony of Captain HARDER, of the
Texas, saying that there had been no
picket vessels within the line of the
fleet off Cienfuegos. The witness said
that the statement was wrong.
Captain Lemly said Captain Harber
had testified that theRe were no pick
cts so far as he could recall" to
which Mr.. Rayner responded: I'VE arc
not impeaching Captain Harbers We
racity. We are impeaching his recol-
lection, not his integrity"
Mr.. Rayner-"Captain Harber has
stated that there were no picket boats
at Cienfuegos. He was wrong, was
he not?"
He was" replied the witness.
Lieutenant Hood was the next wit
ness. He said that on May 23 he had
delivered dispatches from Admiral
Sampson to Admiral Schley, when tho
latter was off Cienfuegos. He related
that he had been called aboard the
New York-Admiral Simpsons flag
ship-on May p, when the officers on
board were preparing dispatches. He
spoke Of the presence Of Admiral
Sampson.
Mr.. Rayner objected to the introduc-
tion of conversation or verbal orders,
saying that the orders would speak for
themselves and must necessarily su-
persede any verbal instructions. The
question was argued at some length
by Mr.. Rayner and Captain Lemly.
Rayner Sustained.
The court retired to consider tho
objection, remaining out longer than
on any previous occasion. Admiral
Dewey read the courts decision, as
follows:
THE court sustains the objection Of
counsel so far as it relates to conversa-
tions that took place on board the New
York, but this ruling does not apply to
any verbal orders which the command
er-in-chief directed witness to convey
to Commodore Schley."
The witness then read dispatch No.
from Sampson to Schley of May 21,
telling the latter that the Spanish
squadron was probably at Santiago.
He said he had arrived off Cienfuegos
at a. m, May %, and had gone aboard
the Brooklyn for the purpose of deliv-
ering the dispatches.
In response to a request from the
judge advocate, Lieutenant Hood re-
lated the conversation he had had
with Admiral Schley after delivering
the orders, saying that he (the wit
ness) had told the admiral that it was
Admiral Simpsons wish that the fly
ing squadron should proceed imme-
diately to Santiago as his information
was very positive. His statement was
as follows:
sehley Was Not Satisfied.
Commodore Schley read the dis
patches. and then, turning to me. said:
Captain. Admiral Sampson wishes me
TO go to Santiago. l cannot do it,
told Commodore Schley that the ad-
miral certainly expected the squad
ron to leave the instant arrived. Com
modore Schley then said, in nearly
these words: 4 am not at all satisfied
that the Spaniards are not herein Glen
fuegos.
Captain Lemly questioned Mr.. Hood
concerning the dispatches delivered by
him 20 Admiral Schley, eliciting from
him the statement that while he car
ried two DISPATCHES to the admiral
from the cclmnrd derin-chief he knew
that the Information contained in one
of them was later than that in the
other. because the one was dated al
Havana and the other at Key West
The Havana dispatch had contained