The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-11
Sampson Not Interested Party i'm
the Case, According to the
View of the Arbiters.
ADMIRAL DEWEY'S ANSWER
AND MIR. STATIONS REASONS FOR
SEEKING RECOGNITION.
Testimony of Lieut.. Lieper, Lieut..
Commander Schuetz, Lieut.. Grant
and Lieutenant Holden.

WASHINGTON. oct. 1O-JUst before the
Schley court of inquiry adjourned to-day
Judge Advocate Lemy introduced Lieut.
j. RI. Holden. formerly watch OFFICER on
the Scorpion as a witness. Lieutenant Hold
signed the entry in the Scorpion ; log'
giving the particulars OF the receipt o. a
message for Commodore Schley from the
Eagle which that vessel had brOugh' from
Captain McCalla on May 10. 1S9S, when the
flying squadron, then bound for CienfueSos.
fell i'm with Captain McCalla's sub-sQlad-
ron. which had just left that port. The
government had sought to show that by
this message Commodore Schley had been
notified that the Spanish fleet was not In
the harbor of Cienfuegos, and Lieutenant
Commander SOutherland, Of the Eagle.
bad testified that he had megaphOned 10
the Scorpion that there were only tor
pedO boat and several cannonIeiOs in that
harbor Captain Lemly told the court to-
day that the log . the Scorpion did rot
show the receipt or the message IN this
fern. other witnesses of the day were
Lieutenant Commander w. II. Schuetz,
who served on the Iowa. and Lieut.. "A.
w Grant who was on the Massachusetts,
who testified concerning the general cam
pai2n OF the flying squadron.
William II. Stayton the New York attOr-
hey. who some time ago asked 10 be allowed
TO represent Rear Admiral Sampson be-
fore the court, and whose request was
denied by the court. to-day presented the
following letter 10 Admiral Dewey, presi-
dent OF the court:
'-Sir-I am instructed by Rear Admiral
Sampson 10 acknowledge for him the re-
ceipt OF your letter OF the 2fth OF Septem-
her. 1901, stating that the court does not.
"a this time. regard him as party 10 the
case now before IL. and therefore unable
TO comply with his request, that he be per-
mitted To representation by counsel.
second am further instructed by the
admiral to ask that whenever the circum-
stances arise which entitle him to repre-
sentatiOn you will permit our admission as
counsel in his behalf.
''Third-E. s TheslI. of Washington. ID.
G., who is my associate in this matter,
and myself have been present in the court
room nearly every day of the procedure,
and one or both of US will endeavor TO be
present every day hereafter.
"Fourth-We have not had facilities
which would permit us TO hear the pro-
ceedings, but we have been furnished with
copies or the courts record, and beg leave
10 refer respectfully 10 certain pages of
that record. which contain attacks upon
Admiral Sampson.
"Fifth-Rear Admiral Schley for in
stance. permitted 10 say (see Page -
that The principal parties TO the present
issue are Rear Admirals Sampson and
''Sixth-Direct allegations have been made
against Admiral Sampson, and we ask the
court 20 refer TO Pages l52 and l56 of the
Admiral Sampson-hrst. of conducting a
blockade with his vessels at a distance as
great as that which was selected by Ad-
miraI SchIey for his blockade: and. sec
ond, or permitting the Colon TO remain
for an indefinite time after his arrival. in
iuli sight of his squadron. without making
''Seventh-On Page 20 of the record coun-
sci was allowed to declare that despite
Admiral SIMPSONS official report. in which
he states that the battle of July was
fought under his command. that as a
matter of fact. Admiral Sampson did not
command on that day, an effort was MADE
D. counsel IN yesterdays proceedings to
INTRODUCE into evidence a signal made by
Rear Admiral Sampson. which counsel stat
et IN ms argument was intended 20 show
that Rear Admiral Schley was commander
t1-chief OF that battle. Surely these ale
EatonS involve the honor of naval Of
iscer.
''Eighth-rhe courts precept states that
an Ofncer Who Is interested may be per-
mltted 10 appear and defend himself; and
while we fully realize shat Admiral Samp-
son II not a party 10 the case as the court
states IN It's letter of the 9th Of September
Yet notlce mas Deen given that an effort
will he made To deprive him OF his honors
and even OF his good name and he is ac-
cused of permitting an enemv's vessel to
lie undisturbed I'm his presence and All
that as a naval officer he holds dear is
involved. and we ask you TO decide merely
'Ninth-It is true that the attacks on
Admiral Sampson have been made covertlv
ana under the name of argument but the
statements have been. nevertheless made
publicly: they have been given great CIR
rency and they are embodied in the record
remain forever on the hles of the Navy
Department. IL Is at least worthy Of com,
ment that on every occasion in which sucb
an argument has been indulged i'm the ques-
tiOn at issue has been voluntarily with
drawn. after full opportunity had been
taken 10 accuse the admiral
''Tenth-Were We alone i'm our opinion
that these arguments are improper we
should hesitate 10 make such statements
but the judicial officer OF the court the
Judge advocate. has repeatedly character
ICED these arguments as improper
''E.leventh-We. OF course realize fulIv
that the Intervention of new issues and new
parties might be improperly used to cum
Der the record and prolong the trial. but
counsel are under the control of the court
and may always be suitably restricted We
therefore request that we now be nor
uaittsd TO appear before the court and given
facilities which will enable Us To hear the
proceedings and be present 10 defend Rear
Admiral Sampson when counsel should
make upon him attacks OF the nature which
they have already deemed proper 10 make"
Following is Admiral Dewey's reply. in
behalf OF the court
"Sir-The court has received and consid-
cred your letter OF this date. in which you
again request that YOU may be permitted
20 appear before the court as counsel for
Rear Admiral Sampson and given facilities
Nhlch VIII cildpie on 10 near the procedure
and 10 defend that officer from attacks
when necessary.
"In reply / have 10 state thar while the
precept cOnVening this court gives IL au-
thority 10 permit any person whom IL may
regard as concerned Ia the Investigation
10 be present for the purpose or cross-eX-
smning witnesses and Offering evidence
the court considers that Rear Admiral
Sampson ~ not an Interested party In the
case now before it. and II not therefore
entitled 10 appear as such. either i'm person
1- L. counsel. and you further in