Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-09-28
Sampson GIN n CONT IN.
request from the Admir- a to be Rep
resented ~ counsel IS Denied 81
The court
Judges Hold They Cannot Permit His
Attorneys To appear II The S
Inves tion.


Attorneys 4 ppear8 II The
Investig lion
Further Evidence Being Given ~ Wit
nessss Regarding the ms structions
of schley
Washing on, Sept the
Schley court Of inq quiry, at the after
noon session, Judge Advocate Lemly
read a letter from Admiral Sampson
dated at Lake Sunapee N !. HI, Sept
20, asking that Messrs. slayton and
Campbell be allowed to represent him
in the case. S The court decided that
they could not appear.
Captain McCalla Of the Marbl blehead1
was called as a witness late In the
afternoon. He told of Informing Com
modore Schley of the signal code with
insurgents while off Cienfuegos May
I He also carried 5 Instructions to
1 Schley to- proceed to Santiago The
commod lore had told him that he had
found dificulty IA eoaling but sthat#he
felt that il he returned to Key West he
would be courtmartia lled. z. McGallat
said he had advised him to 60 to Sal
tiago, even If he did not stay there.
Captain MeC Gala expressed the opin.
Ion that the rblehead could have
coaled off Santiag on the afternoon$or5
the evening of M ays 26, S1S9 98.:
Captain. Lemly said he would besable5
osconclud de the government side Of the
case by the close of next week If no
unforeseen eontinge arises. to cause
delay + says he will have about is
or 20 more witnesses TO intro luce.
.sa The session began with the recall
of Captain ise te make verbal
changes IN the official copy Of his tes.
timony. He altered his previous state.
mountaineering the ordersof the navy
department of IN MayS 20, u 1913, in which
lie was directed tc a form every yes
seESoR Santiago that the flying squad
ron is OFF Cienfueg B saying that he
desired to correct his response to the
court s: questio on as to why this order
was not carried ol1t, BY stating thatsit
had been carrie ed out. $s
The flying squadron was ordered to
proceed with all possible dispatc z,
heSsaid land add ed + did not desire
to- inform the comm ore Of the flying
squadron OF his own movements. The
order was to inform commanders Of
the movement Of the flying squad
ron.
NE court then as sked lid you Ill
rect Captain Sigsbee to give Commo-
dore SchIey the Information contained
3 Ia the dispatch from the navy depart
ment egarding the Whereabou OF
the Spanish feet q,
ST did moi.
etaed Continue His Testino
ieutenant Spencer s. Wood, who
commanded the disp patchS boat Dupont
during the Spanish war, ,S was then
called and continued his testimony.
Mr.. Hayner resumed his cross-exami-
nation he witness said that while
of Cienfuegos HE had been on picket
4 duty two miles from shore on the
night of Nay s2222 and had been instruct
ed to signal the squadron with two red
lights in case the enemy's torpedo
boats came out OF the harbor
Mr. Rayneas then read from the tes-
timony OF Capital In IIarber OF the Texas
saying that there had been no picket
vessels within the line Of the fleet of
Cienfneg COS: The witness said that the
statement was wrong
Captain Iaem1, i'd Captain Harber
f had testified that ere were no pick
cts, so ar q 81 he could reeal Is TO
q which M sRayn er responde s We are
Il not mpeachin 81 aptain Harberss Isl YER
y acity, We are impeaching his recol-
4 lection not his integrit z.
MT. Rayne apt ain Harder has
4 stated that there were no picket
boats Gienfue egos. He was wrong,
i was he not ~
Ie Wa repIi led the witness. AS
4 L have seen since the commando der-n-
B chief also reported the Dupont was
not there have SWri item the depart
ment I was there Other people for.
y got about It too q
ou are trying now to Justify Cap;
y tain Harber's Wa ant lof Tecoll ction by
Y stating that The com mmande -in-chief
wrote d letter that tn ere were no pick,
net boats there q Ss
IIe did not men Zion their presence
end I corrected It. 81
DO you recolle leet any statement
q made by the comma mander-i chief when
he had a. pic cket boat wi hin the picket
line that he had arranged a signal
from the picket boat to the fiagship2e g
81 did NOT MENTION any and have
letter On file ia the depa artment call
ing attention tc The omission IN thai
report.
fli,ieefs "a Rayf,er,s Questions.