The daily morning journal and courier., 1901-11-08

OI. BOIH or COunSGl cue MCCdlld
 conduct in this instance as criterion { for Commodore Schley's making no ef- fort to communicate with the insur-
 gents. But when Commander McCalla
 was there it was simply blockade;
 when Commodore Schley was there,
 there was the additional question as to
 the whereabouts of the Spaniards."
 Referring to the information given
 Commodore Schley by the scout boats
 upon the commodores arrival off San
 tiago May 26, Captain Lemly said it
 was reported to him, as agreed by Cap-
 tain Sigsbee and the commodore, that
 nothing had been seen of the Spanish
 fleet.
 Continuing on this point he said:
 Some of the scouts had been off
 Santiago since the Fist of May This
 information of Sigsbee's then meant
 that if the Spanish squadron had been
 there in the first place it had not left.
 The despatches will clearly show that
 there was no doubt as to the Spaniards
 having been at Santiago, the only
 doubt that ever existed was to whether
 they had left"
 It has been intimated by counsel that had the applicant been otherwise ad- vised by Captain Sigsbee or had he been in any way advised by Captain
 Wise he might or had he been in any way advised by Captain Wise he might not have undertaken the retrograde movement; but both of these officers testified that when they came up with the flying squadron the retrograde movement was already begun and Sigsbee has testified that the questions principally discussed on board the flag ship were not of the whereabouts of the Spanish fleet but the question of coaling. The despatch sent on the morning of May 27 confirms this wit ness. With a purpose so fixed in the commodore's mind it is likely that ad- vice on the part of sigsbee and Wise to remain at Santiago would now be construed by counsel in the same man. ner in which they appear to have re- garded Hodgson's caution to Comlno- dore Schley as to the proximity of the Texas; in other words, it might now be construed as an unseemly protest
 'As to the question of disobedience of orders," said Captain Lemly "coun- sel has properly stated that report that orders would be disobeyed did not constitute disobedience. Commodore, Schey's conduct conduct is being scru tinized in the light of the facts, and not alone in the light of the state ments which he made concerning his Counsel has cited the dis obedience of Nelson; but at Copen- hagen Nelson disobeyed orders and went for the enemy. The applicants disobedience if proved will be shown to be in delaying in bringing himself Into the presence of the enemy"
 Counsel said Captain Lemly, "have found themselves in the unfortunate position of being obliged to attack the testimony of many witnesses. As to these witnesses whose testimony has been assailed either directly or indi- rectly, I do not deem to say anything in their behalf. They are all officers of the navy in good standing; and the has had full opportunity to ob- serve their manner on the stand, The crime that has been in terms laid against them is their youth, and this they will eventually outgrow It may be added that they range in years between thirty and forty seven. All of them are, therefore, >eligible, in such qualifications, to election to the United States senate. Moreover, they compare man for man. more than favorably in this respect with the witnesses called for the applicant, and that 'precocious child of the kindergarten" as MT. Ray ner has designated Lieutenant Com lnander Potts, is forty-six years old and has seen more than thirty years service.
 In this connection Captain Lemly re- ferred to the Hodgson incident and to Mr Rayner's statement that in Anne Arundel county, Maryland, it was cus- tomary to use the word "damn," as Admiral Schley had been reported as lsing 1t. as a salutation. The captain 
 While as stated by MT. Rayner, it | nay be the custom in Anne Arundel | to say Damn you, good morn- ng, when greeting friends such eX- oression is not usually regarded as good | 'orm in letter. writing everywhere"
 Speaking of the alleged colloquy on | he Brooklyn during the battle, Captain | 1emly said
 "As to the testimony upon the point whether this substantial exchange of | really occurred, we have Hodg- ;on's sworn statement before this ,ourt, his. statement in the investiga- ion before Captain Chadwick and his everal letters to the applicant in which le adheres to the substantial accuracy if the newspaper report as printed
 With the conclusion of Captain Lem y's remarks the court at 3:45 p. m. ad- burned with the intention of holding no nore public sessions.