Evening journal., 1901-09-28
Wanted Representation Be-
fore SChley Court
.MCALLA TALKS OF CERVERA
Saws He Sent Information About the
SpaniardS TO Schley Which Latter
Heard With Reluctance

presented from Rear Admiral Samp.
son. asking to be allowed to be repre-.
sented in the court by counsel. Messrs
Stoyton and Campbell, but the court
refused to grant the request, on the
ground that "the court does not at this
time regard you as a 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
it 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 are
not impeaching Captain Harber's 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 % 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 dag
ship-on May 21, when the officers on
board We're preparing dispatches. He
spoke Of the presence Of Admiral
Sampson.
Mr.. Rayner objected to the introduc-
ton of conversation or verbal orders,
saying that the orders would speak for
themselves and must necessarily su-
persede any verbal instructions. Tho
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.
s from Sampson to Schley of May p,
telling the latter that the Spanish
squadron was probably at Santiago.
He said he had arrived OFF Cienfuegos
ut 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. / 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: L am not at all satisfied
that the Spaniards are not herein Cien-
| fuegos"
Captain Lemly questioned Mr.. Hood
concerning the dispatches delivered by
him to Admiral Schley, eliciting from
him the statement that while he car
riod two dispatches to the admiral
from the c-.l--sn n3erin-chief he knew
that tho iai1rmation contained in one
of them was later than that in the
other because the one was dated at
Havana and the other at Key West
The Havana dispatch had contained
more positive instructions about pro
/ ceeding TO Santiago.