The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-10-28

| A''ll sil.etlA the llltl4 u inlLh zap
! tam Chester also mentioned, or rather I
! told him that the collier would be along
| the next day 1 think ne asked DermiS-
] sion {" take the collier and go in under
! san Antonio and coal up and then follow
! along after my squadron ] told him ne
/ Hld not belong 20 m squadron and ] did
/ not feel at liberty 90 Permit him 70 go
with me
| Did You not have long converse
I ton with him i'm gard 20 the blockade
/ A-Perhaps ] did talk with him -Sbout
| H.; puI our principal conversation was
! win T. gard 10 "a coallng place and his
request 10 accompany my squadron
] BY Captain Lemly.
C-bid YOU learn from Captain Chester
I or captain McCalla that several gun
] boats had arrived at CienfueEoSg
| NO / heard that at Key West.
Gam you indicate the source OF that
luformatiUu2
Alt was a matter of general report at
[ Key West
COnferring with Sampson.
Q.-Statc fully what official instructions
and information you had at Key West
! from the commauGer-in-chief2
A-the OmmludeT-in-Chief showed me
an order embracing two plans OF the Gu
/ ban campaign Those plans related TO the
POSITIONS OF northern and southern
squadron. I asked him which Of the two
/ ne would select He said 70 would choose
the ufTiheTn or Havana squadron Then
talked over with him tho order Of the
Secretary relating To Other details OF our
arrangements. There were imperative or
oeIs 20 reach some port in railroad com
! municdtion with Havana in order 70 de
I nEtr supplies We then spoke Of the for
coast
@. G,-How Hoy long were you on board the
I Al DO not remember the exact time
j dld not make note of II. but l should
say from memory. about thrr--quarters
/ or "h hcur and perhaps more 1 was
there a considerable time OF course if
] mad known that there was 10 be a Court
| OF Enquiry on this matter ] would have
/ made note Of IL. But / diau't ] re-
member returning 10 my ship and an or-
| der was broucht out to me a few minutes
| later directing me TO sail again. Then
! ! slEnaitd that orders which I had were
Dispatches were read showing that
/ commodore Schley was 10 proceed 90
/ OlthiHrs"S ana that Admiral Sampson
was iH proceed t9 blockade Havana
Naval Regulations Quoted.
I At this point Of the testimony Of the
admiral an interesting event occurred
/ which elected "a decision by the Court de-
. el1edly in favor OF Admiral Schley. Cap
. tain Lemly asked the witness
Q--I want 20 ask YOU. Admiral. II Won
. are familiar with the naval regulations
. relating Co tho du,ios uf the commander
/ ln-ehi,t in time of war
A-GCs. I am
/ Get us look at article o51
/ The article In question was produced.
. II provides that n commauder-Iu-rhie
shan furnish his captains. commanders.
and other inferior officers ia executive Do
sltons with copies of an orders and dee-
/ patches relating to the movements Of the
/ fleet
9.--Did You comply with that article,
( Al think that I d.d.
C-EuwE
A.-By issuing general orders.
C-~ow let me invite your attention to
/ article -.* "r the regulations
This article provides that the command
4 er-in-cnief shall commuuicate 90 The jun
I llr officers in command an secret orders
I and private signals OF the fleet
+ .Q--Lid you comply with that reguIa-
Al don't remember.
Q-Let us look az article g7I.
/ This r,Eulat.on provides mat every
/ captain. before going into action. shall
/ Doe supplied with plan OF battle showing
/ which position each ship shall take. etc.
Odd YOU comply with that2
/ Al Gldn understand that that was
! Necessary ] thirh that that regulation is
- 5,.,-' ..'--l.y o-itiga out when q comman-
J --L L-----D tll'L ltclc'S tp place his ships in
/ any order he may determine upon /
-l'-ih ile it t-LlaLDu was carried out sub
/ Slaula-y- 4 didn't think ir was -aras-
; s-Tt 90 supply -ach commander with A
] plan ot the battle as IL should He a-rrr-,.r,-
/ fought in action ANY plan that Is orig
iil"-.q IS subject o. change. ] have never
l Ht1l1 "i any battle which has not been
/ subject 20 some change or other
/ AT this point MI Rayncr arose and re-
marked Does the regulation say that a
written plan shall be giveugr
] Mr. kayEsrs question evidently net-rsd
/ Captain Llmly, for the latter was quickly
! upon his feet and replied somewhat
Sharply; do you think that anyone can
supply plan in conversation
i can ., Of course" returned Mr Ray
| ner, amid laughter but the admiral can
The naval regulations don't say written
This rs entirely matter OF argument.
! however"
The point was then argued somewhat at
| length.
I Mr Rayner-There IS no specification To-
latinE 10 these matters under discussion
| aon want TO be- put in a position of
obJectlEg- however j want TO summit tn
I matter 20 the Judge advocate ag vel ae
/ the Court ! ask: Is IL possible for the
ADMIRAL TO have sent TO each captain "A
pan OF battle before going into action al
9all"sp- Could he have sent around
written instructions Of the plan OF battle
as The Spanish ships were coming OUT Of
( the HarbOTy The article of tbe naval
regulation IN question cannot possibly
mean this Furthermore. there is no
I Si''illc" tlpn IN the prCcept that the ad-
illIal had llsoDeycd any regulations Of
/ Ihe navy There Is not word and NOT
"a sentence that charges him with lisObev-
ing regulations Of the navy 1 do not
I want 10 object To most liberal cross
examination. but make the suggestion
/ that this section of the naval regulation
/ cannot possibly mean written iuetr1Tr-
! uoH. The question IS not embraced in any
OF the specifications upon which this trial
ls taking place.
! Captain LcmIy-As to going arou-d
after the Spanish fleet came Our of the
haTlor and distributing The plan Of bat
won answer Il. But one og the i'm
pnrtant features OF the prec,ut relates 10
lh' conduct Of the admiral during thu.
SaEtlagn campaign. I rhiuk my question
! ing IS entirely proper
Applause for Rnyner'a Arsument.
Mr.. Rayner-In tho light that tho rfGgc
advocate deems this matter Irrational. z
shall certainly object 20 the question ask
cd When is this plan of battle To be
/ supplied, ] would Ike To- know Al what
point or az what umaZ The commando
lH-Chief certainly could not supply a pIgD
az Key West or CiDufueuus When ,yas
the time and at what place should this
plan be suIpIed2 There wasn't "a mo-
mt between june ] and July 3 that AJ-
I i-itH SchlcE had right to suppl. a Milan
OF action. What right had he L. -..lai,-
. plan or campaign when The r.rlrll.Irf
IutI-lH-cnl,i Admiral Sampson. was
This declaration 10y Mr.. Ravuer brourbt
forth "a wave of applause which was un-
| checked by the Court
| Mr.. Rayner. fCoutinuiug)- could
| Admiral SchIcy therefore suDDIv ms
plan of action in question: Whv aid nor
! the Navy Department put i- the urscepf