New-York tribune., 1901-10-29

THAT do not remember to have complied with
/ said the witness
Captain Lemly then read Article 271. which pro-
vdes that the commander-in-chief shall, If possible,
before going into action. supply to every captain
| plan of battle showing thereon the position each
| shall occupy.
Yes" replied the witness. in reply TO Captain
Lenly's question il he had complied with that art-
Gle 4 do understand that that is necessarily
written. ] think that that order is sufficiently
carried out when conlmander-in-chief decides to
place his crews in the order Of battle and inform
each what he proposes 10 do
DO you think Admiral that you supply
every captain with plan of battle and do that at
oral conference?" asked Captain Lemy.
Il do not think that is absolutely necessary
replied the witness There are instances where
battles have been fought without doing that. Any
plan OF battle that might be originated is subject
TO a change. 1 have never known battle that
was ever fought on the plan originally chosen"
Mr.. Rayner-Do any Of the regulations the
word written?
Captain Lemly-Do you think you could supply
the captains with plan of battle without writing
them?
Mr.. Rayner-I could not. but I know the Admiral
could.
Continuing his examination Captain Lemly
asked: "When. at 945 a. m, May 90 you sighted
a msn-of-war shown by the Brooklyns log.
and cleared for action. what orders had been issued
in conformity with the provisions of the regua-
tons?"
\ SnOOlO not Inlnk any INSTRUCTIONS WOulu pS
necessary for a feet meeting a single vessel. ex-
cept 10 smash her up
Captain Lemly-Could you tell absolutely there
was only single vessel. although you sighted but
one?
"As only saw one smoke presumed OF course
there was but one vessel Subsequently raised
the Vesuvius. which was very much lower in the
water"
Captain Lemly-As matter OF fact. was there
more than vessel?
There were two vessels. was developed later"
Others might have been developed IN the same
way?"
III they had I should have pitied them. If they
had been separated they would have permitted
themselves to be knocked to pieces"
MR. RAvNER's OBJECTION
At this point Mr.. Rayner addressing himself TO
Captain Lemly said he did not want 10 object 70
this line OF questioning but there was no specihca-
ton which called for il. Il wish 10 submit TO the
Judge Advocate. as well to the court he said.
that here 81 a section OF the naval regulations
which says he shall If possible. before going into
action. supply every captain with plan Of battle,
and assign thereon the position each shall occupy.
There is no specification here that he has dis
obeyed any regulation of the navy. I confident
that II he had dsobeyed them they would have been
in the specification. because they include almost
everything IN relation TO the whole controversy. 1
do not the word written instruction In any of
them I suppose there must be some discretion
IeIt 10 n man IN command OF a meet AdthlIdl
Schley could not supply plan of battla at Key
West at Cienfuegos that took place before San
tiago. When was the time to supply IT? He
could not supply II July , He had no right TO
supply IL There not a moment OF time be-
tween June and July that he had right 10 sup
ply any plan of action. That is the point wish
TO make. Naval regulations OF doubtful import
and ambiguous phraseology are brought in here
Mr. Rayner said that the question OF naval reg
ulations had not been brought TO the attention OF
10 go into IL. Il think" he said. that follow
the flag is order OF battle How often has the
signal follow the nag been given? The only sig
nal Nelson ever gave at Trafalgar was that Eng
land expects every man 20 DO his duty"
Captain Lemly asked Mr.. Rayner II he
nning himself TO July in regard TO the plan OF
battle.
What order" asked Mr.. Rayner could Admiral
schley have given between June and July 81
He going out the enemy" said Cap
tain Lemly, and we contend that under those cir
cumstances he should have had a prescribed alter
native order Of battle This whole matter has gone
night through the entire proceedings TO whether
he had a prescribed order OF battle in writing anI
distributed 10 the feet under hts commsnd-and it
belongs to that clause OF the precept conduct dur
Ing the Santiago campaign
COURT RESTRICTS EXAMINATION.
The court at this point OF the discussion retired
for consultation. Upon returning Admiral Dewey
stated their decision. follows:
The court decides that all questions 10 be asked
Of the applicant shall be confined between May
Is and June l. reiatipg 10 the organization, man
actually command -u-chfef
The Judge Advocate then asked the witness
whether between the dates 20 which the court had
restricted the examination he had according 10
Article 21 OF the regulations. furnished each cap
tain with plan of battle
Verbally yes"
but not in writing?"
Il did not think the regulations required IT.
did you communicate TO your captains your con
hdential instructions from Admiral Sampson not
10 expose your ships 10 land batteries before the
destruction OF the Spanish feet?"
Il did not. because 1 regarded them as conf
Dental"
In your report you say that the Iowa arrived Of
Cienfuegos on May %, although she started a day
later Did she not arrive only about five hours after
the squadron"
Although did go in during the night !
considered that arrived off Cienfuegos Nav q
When did you first the entrance to Glen
fuegosY
A little after daylight May o."
The Judge Advocate called tine AdmiraTs atten-
tion to his statement to the Senate that while on
the bridge OF the Brooklyn the afternoon of
May p, being then about thirty miles from Glen
fuegos he heard big guns fired with the regularity
Of salute The Admiral said that he remembered
the incident distinctly He did not know the exact
distance; he did not consult the log.
Does not the log show that you were forty-fve
miles from the harbor?''
"I do not know
The Admiral then proceeded to explain that the
communication sent TO the Senate was got up hur-
riedly and largely from memory in the closing days
of the session. and he may have made some slight
mistakes.
Captain LemIy asked the witness 10 look AT Tho
signal book OF the Brooklyn for May % and to read
a signal which had made at 5:s5 a. m by the
Texas to the flagship. This he did reading as fol-