The Denison review. [volume] (Denison, Iowa) 1867-current, 1901-11-08
is HEARD.
The Taking of Evidence by Schley
Court Is Ended.
ME-. Hanna, Assistant to the Judge
Advocate General, Begins the
ArEument-Insists Charges
Are Proven.

Washington, Nov. 5-Two new wit
nesses were before the Schley court
of inquiry Monday, and both of them
were called in the interest of Admiral
Schley. They were Frank B. Richards
and George Lynch, both of whom
went through the Cuban campaign as
newspaper correspondents. Mr.. Rich
: ards was on the press boat Premier
and testified concerning the interview
with Capt. Sigsbee, while the latter
, was in command of the St. Paul off
Santiago in May, 1898. Mr.. Lynch
was on the Somers n. Smith, and was
| called to relate his recollection of
Capt. sigsbee's communication to
that boat, concerning which Photog-
rapher Hare and Correspondent SEQ
vii already have testified.
Capt. Lemly objected to the intro
duction of their evidence on the
ground that Commodore Schley was
not present during the conversation;
also that it was not material to the
issue. Capt. Lemly referred to the
ruling of the court regarding the
Potts-Sears conversation which had
been ruled out and claimed that this
was exactly parallel case.
Mr.. Rayner contended that this al
is one of the vital points of the case
and the court retired to consider the
point raised.
The court was absent but short
time. When it returned Admiral
Dewey announced that 'as the testi-
mony of this witness is not consid-
| cred by the court as material to the
case, the objection is sustained in
| accordance with the courts previous
ruling"
When the court came after recess
| Admiral Dewey handed to Capt Lem
| ly and the latter read the following
| announcement:
1.-The court states that while it has adj
| mitted to it's record document presented
| by counsel for the applicant, which was
| issued to the applicant by the president
| of the United States, on August 10, 1885, the
/, court does not recognize such document
as the commission under which the appli-
cant holds his present office in the navy"
| Immediately after the reading of this
/ statement, the argument in the case was
begun, Mr.. Z. P. Hanna, assistant to Judge
| Advocate Lemly opening for the govern
| ment. Mr. Hanna began his presentation
of the case by saying that in what he should
| say in his proposed summary he would like
! to accomplish two objects. The first of
| these would be to make his address brief
! and terse, and the second to presenta care
| full and exhaustive citation of the evidence
! adduced. These two purposes he con-
| fessed were somewhat conflicting. Never
| theless he would do the best he could to
\ To ha Ok
| up the clauses of the precept and present
| the testimony bearing on them in the order
| in which they appear in the precept. He
/ then began by referring to the fact that in
May, 1898, the coast of the United States
| was menaced by the Spanish fleet. THIS
| he said was a critical time. The seaboard
cities were exposed to attack. Military
| operations were pending for the relief of
!, Havana but they could not be carried out
| while the whereabouts of the Spanish fleet
| was unknown.
Mr. Hanna told of the arrival of the fly
ing squadron at Key West and read num-
! Der of preliminary orders to Commodore
Schley. Speaking of the run of the flying
| squadron from Key West to Cienfuegos
| Mr.. Hanna claimed that the trip was not
! made as expeditously as possible.
| Continuing Mr.. Hanna related the par
| ticulars of the meeting between Commo-
dore Schley and Capt. McCalla as the for
mer was on his way to Cienfuegos, and that
although the burden of calling for infor-
nation was based upon the senior officer,
! vet it was in evidence that the commodore
did not request anything from Capt. Nc
Gala.
Mr.. Hanna also referred to the arrival
at Cieufuegos, speaking of the reports of
guns heard by Admiral Schley and of the
meeting with the British steamer Adula.
Mr.. Hanna then read the order of Ad-
| miral Sampson to Commodore Schley dated
May 10, 1898, directing the latter to take
steps to prevent the enemy from continu-
ing work on the new Notifications at Glen
fuegos 1T does not appear" continued
Mr.. Hanna, that any steps were taken to
prevent work on these new fortifications."
He discussed the question of McCalla' S
signal code for communication with the
| Cuban insurgents on the shore at Glen
fuegos at some length. He said that while
Capt. Cook had stated that the lights pro-
vided for in that code first appeared on May
% Admiral Schley had stated that they
were not visible until the night of the Esd.
Other witnesses had placed the date at the
22d. This Mr.. Hanna said he considered
an important point, for If the lights were
seen on the ed. the circumstance. connect
ed with the McCalla memoranda would
have rendered 1t incumbent upon the COM
modore to investigate them.
Mr.. Hanna called attention to Admiral
Schley'S statement made in his letter
to the senate that he did not know of the
presence of the insurgents in the vicinity
of Cienfuegos until the arrival of Capt. Nc
Gala May a. but he called attention to the
fact that it was admitted that the McCalla
memoranda giving this information had
been received on the sd. In this connection
he referred to the admirars letter to the
senate In general way. Recalling the
fact that he had said that he did not have
his papers before him when he wrote the
document and Mr.. Hanna said this cir.
cumstance must be accepted as accountire
for "a number of material statements
which do not correspond with the facts. "
He then stated that while the government
held that the McCalla memoranda had been
received on May %. but this he said had not
been sufficiently established to place it be-
You'd dispute; hence no argument could bs
made on that basis. He cortended thai
Admiral Schley should himself have taker
the initiative in ascertaining the presence
or absence of insurgents without waiting
for signals from anyone.
Mr.. Hanna had not completed his argu
ment when the court adjourned for the
day.
Four Young Men Drowned.
Detroit, Mich, Nov. "a special to
the News from Michigamme, Mich.
carc. Four monument VOunp men q.