Passaic City record., 1901-10-19
GOVERNMENTS CASE IN
The Judge Advocate Concludes His
Evidence in the Schley Inquiry.
The Defense of the Rear-Admiral Begins
Captain Cook Assumes Responsible
ity For the Brook1yn's Loop.

washington, D. C.-Judge Advocate
Lemly finished his presentation Of
testimony in the Schley inquiry, and
Mr. Rayner put on the stand the first
witness for Rear-Admiral Schley.
This was Eduardo Nunez the Cuban
pilot, who gave testimony to show
why Schley did not believe the Span
iards were at Santiago. He said that
when he went ON board the Brooklyn
he told Schley that the Spaniards
were probably not in the harbor, be-
cause vessels Of that size could not
get in. The water was not deep
enough and the channel was too mar
row.
Nunez also testified that on July 1
Schley sent him to the Cuban camp
to find out whether any Spanish
ships but the Colon were there, and
he got from the Cubans a. list of the
vessels in the harbor. He reported
this to Schley, who ordered him to
report it to Rear-Admiral Sampson,
who had arrived.
The last witness for the Govern
ment was Albert Beall, who served
as a volunteer officer during the war
and was a lieutenant on the Harvard
He testified to the dates on which
Captain Cotton received his dis
patches and cleared up the mystery
attending Schley's 'disobedience of
orders dispatch. In the Navy De-
partment publications this appears as
defiant and almost insolent dispatch
from Schley.
Whom ha ooca Toc Ononod SoblpV
put in evidence the dispatch he really
wrote, which was Of a pacific tenor,
and indicated that he and all his cap
tains had labored hard to obey the
orders, but had been prevented by
physical conditions. Mr. Beall ex-
planned this difference. He was the
officer who turned the dispatches into
cipher. In doing so he did not always
use the exact language given him, but
sought to give the same result by
using equivalent phrases which We're
easier to put into cipher. In this way
he unintentionally, and In perfect
good faith, gave the dispatch the de-
fiant twist for which Schley has
been criticized.
The most interesting witness of the
day was Captain Francis A. Cook,
who commanded the Brooklyn, and
who was called by the Judge Advo-
cate. He told the whole story of the
campaign in a simple, direct, sailorly
fashion, and the interest was intense.
Among the points brought out by Cap
tain Cook were these:
He was responsible for the Brook
lyn's loop, and had the ship well
around before the Commodore spoke
to him on the subject.
He always regarded Schley as "an
enthusiastically brave and patriotic
officer"
Schley and he were convinced that
Cienfuegos was the destination of
Cervera's fleet from all the informa-
ton given them from Key West, and
believed the Spanish ships were In
Cienfuegos until McCalla commun1-
Gated with the insurgents.
The Flying Squadron was on its
way to Gonaives to coal when the
scouts We're met southeast of Santa
20, and the retrograde movement to-
ward Key West began under the be-
lief that Cervera had left Santiago,
If he had ever been there, and was
probably at that time nearer Cienfue-
COS or Havana.
Captain Cook also thought the
blockades at Cienfuegos and Santiago
were closer inshore than did most of
the young watch officers who have
testified. He never had any idea of
jeopardizing the Texas by the loop,
and was confident that there never
was any danger of collision.