The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-11-05
schIey'S Corrected Testimony.

Schley. Il did not say to Capt. Sigs-
bee that we were going to Key West,
as the signal will show. Sigsbee was
talking on the subject of coal, and
since he mentions il | recall the fact
that his statement was that he was
commanding a vessel that was one
tenth of a mile long, and that she could
not turn her engines over under $50
tons of coal day; also that he could
not remain there very long, that he
would have to go to Key West"
Had you, as a matter of fact, made
up your mind at that time to go to
Key West?"
Il had not"
Admiral Schley then referred to his
conversation with Admiral Sampson
regarding his instructions about not
bombarding fortifcations as follows;
Il ought to mention, in connection
with the talk / had with the admiral,
in relation to his instructions about not
bombarding fortifications that / recall
the fact that he and | were talking
about the guns that were probably
there, and / asked him whether he
knew If they were Hontoria or Krupp
guns. He said, Probably BOTH and
that recalls the circumstance to me.
And, again, in relation to the testi-
mony of Lieut.. Roys-"
think the purpose of calling the wit
hess to revise his testimony is to ena
BILE him to contradict witnesses who
have been on the stand"
Mr.. Rayner: He can contradict any
witness If we want him to do 1t. That
is remarkable statement Your
witnesses have a right to rebut ours
and we have not a right to answer
them?"
The Judge Advocate: "I think as
Lieut.. Roys is the only witness who
remains uncontradicted, 1 have no OBJ
lection to make"
Rayner's Well Taken Point.
Mr.. Rayner: Il think that is a great
mistake, that he is the only witness
uncontradicted. 1 think there are fifty
witnesses uncontradicted according to
my recollection. That is a highly i'm
proper remark for the judge advocate
to make"
Admiral Dewey: THE court has no
objection to the admirals reference to
Lieut.. Roys."
Admiral Schley: Il merely wanted
to say in connection with Lieut. Roys
testimony that l heard nothing of the
protest which he speaks of-of the de-
sire of Lieut. Sutherland to coal.
am quite sure he is mistaken about
that because 1t would have been i'm
possible that day for that ship to Goa" ="
Admiral Schley was finally excused
after brief cross examination and
Capt. Lemly offered a large number of
documents as evidence.
Before taking the usual recess for
luncheon, Mr.. -Rayner offered in evil
dence the commission of Admiral
Schley and when asked if he had any
objection to its going in Capt. Lemly
replied None at ALL" but called at
tention to the fact that il was a COM
mission dated Aug. 10, 1898, issued dur
| ing a recess of Congress. and that the
words nominated by and with the ad-
I vice and consent of the Senate" were
stricken out. 1T will appear of course,
said Capt. Lemly. "as it appears here. -
Admiral Dewey: 1T is valueless If II
has not been confirmed by the Senate.
1t can go in, but 1t has no value of
| course"
The Afternoon Session.
! When the court came in after recess
! Admiral Dewey handed to Capt. Lemly
and the latter read. the following an
nouncement:
THE court states that while it has
admitted to record a document pre-
sented by counsel for the applicant,
which was issued to the applicant by
the President of the United States on
Aug. 10, 1895. the court does not recog-
nize the document as the commission
under which the applicant holds his
present Office in the navy"
Mr.. Hannas Argument.
Immediately after the reading Of this
statement the argument in the case
was begun, Mr.. Hanna, assistant to
Judge Advocate Lemly, opening for
the department.
Speaking of the run of the FLYING
Squadron from Key West to Cienfue-
gos, Mr.. Hanna claimed that the trip
was not made as expeditiously as pos
sible. He cited the fact that the Iowa,
which went by way of Havana. made
much better time.
Mr.. Hanna related the particulars of
the meeting between Commodore
Schley and Capt. McCalla as the for
mer was on his way to Cienfuegos.
Capt. McCalIa," he said, did not
know that Commodore Schley was on
his way to Cienfeugos, while Commo-
dore Schley did know that McCalla had
been there, under such circumstances.
The ordinary rules governing the inter-
course between senior and junior off,
GERS did not pertain. In that case the
burden of calling for information fell
upon the senior officer. Yet ii is in evil
dence that the commodore did not re-
quest anything from Capt. McCalla."
The meeting with Capt. Chester of
the Cincinnati also was referred to,
and the circumstance that, notwith-
standing he had no information to inn
part, he was taken aboard the Brook
lyn and the Flying Squadron detained
for an hour and twenty-five minutes to
permit conversation with him on the
part Of the commodore.
Mr.. Hanna read the order Of Admiral
Sampson to Commodore Schley dated
May 10, 1898, directing the latter to
take steps to prevent the enemy from
continuing work on the new fortifica>
tions at Cienfuegos. 1T does not ap.
pear" continued Mr.. Hanna, that any
steps We're taken to prevent work on
these new fortifications. In fact this
order was not, so far as the testimony
shows. in any way regarded"
He discussed the question Of Mccall
las signal code for communication
with the Cuban insurgents on the shore
at Cienfuegos at some length
Mr.. Hanna contended that Admiral
Schley should himself have taken the
initiative in ascertaining the presence
or absence of insurgents without wait
ing for signals from anyone.
Mr.. Hanna then took up the ques-
ton of the blockade at Cienfuegos. He
said that Admiral Schley had testified
that the vessels I'm the day time tried
a ruse 10 induce the enemy to come
out He said this was not communicat-
ed TO the captains OF any Of the ves-
sells. He then read from the official
documents to show that coaling was
practicable. and that II was cont!n-
uously going on at the time reports
regarding its impracticability were