New-York tribune., 1901-10-11
KEEPING SAMPSON OUT.
THE COURT DECIDES THAT HE is NOT
YET a PARTY TO THE INQUIRY. But
MAY BECOME so LATER.
tnY TELEGRAPH TO THE rR1BuNE.I

| tBY TELEGRAPH TO THE TRIBUNEl
| Washington. Oct. 10-AdmiraI Dewey and the
rear admirals associated with him in the SchIey
court of inquiry. decided emphatcalIy to-day
that Rear Admiral Sampson is not yet concerned
in the investigation. and therefore not entitled
to representation by counsel At the same time
the court undertakes to give due notice to the
former commander chief If he is brought into
| the controversy The renewal to-day Of the pc
tition of SIMPSONS attorney for recognition was
not made at a public session of the court. but
privately in the recess. and therefore attracted
no attention until the correspondence was given
| to the press. The letters. therefore, will not
appear in the official record of proceedings, 1t
Is the expectation of the members of the court
| that no further attempt will be made by Rear
| Admiral SIMPSONS counsel to take part in the
proceedings until formally invited. intimated
| in the closing lines of Admiral Dewey's letter.
and this occasion can hardly arise before the de-
| fence of Rear Admiral Schley begins perhaps
| next week The correspondence which passed
to-day is as follows
NAVY Yard Washington, D. c.. October 10, 1901.
| Admiral George Dewey, L. 5 n. president Naval
Court of Inquiry Washington. d. c
Sir: l am instructed by Rear Admiral SAMPSON
for him tine reGe 6a the 6 court oe
at this time regard hm III as Unable 10
comply with his request that he be permitted repre-
seeondL am further instructed by the admiral
to ask that whenever the circumstances arise which
entite him to representation, you Will permit our
| admission as counsel In his behalf
| Third-Mr E. 5. Theall. OF Washington, d. c.
| who is my associate in this matter. aud myself
| have been present in the courtroom nearly every
| day o. 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 TO hear the proceedings, but We have
| been furnished with copies of the courts record,
and beg refer respectfully to certain pages
of that record which contain attacks upon Admiral
| FYfthNRear Admiral Schey. for instance, per-
/ lsae
ties to the present issue are Rear Admrals Sarnp-
| sixth~Direct allegations have been made against
| pages I52 to 156 of the record. where counsel re
peatedly accuse Admiral Sampson. first OF conduct
great as that which selected by Admiral Schlsy
for his blockade. and second OF permltIHs me ne
| Colon to remain for indefinite time alteI M
arrival in full sight of his squadron. without iIiA-
| ing an effort to destroy her. .s ,or,s.I u,as
allowed 70 declare that. despite Admiral Sampsons
official report. in which ne states sn,tu | }bat as
oi aftaT 1aiy of fact Admiral Sampson did not com
mand on that day. and erort was as, a aue " into a1
a,Ss AZ - signal made by Rear Admiral sampson;
which counsel stated In his % aIganen, @ was = nST
IN chief at that Surely these allegations IN
| volve the honor of a naval ofneef: .,. an e,ar
hn is interested may be permitted 10 appear and
Serend himself: and while We fully realize that
~ court states letter of September "a yet
notice has been given that an enort VIII VIII De made
bonor and his good name. He Is accused of per-
mitting an enemys vessel to lie undisturbed in his
dear is involved. and We ask you TO decide merely
that he is interested
Sampson have been made covertly and under the
name OF argument, but the statements have been
currency and they are embodied In the record 70
remain forever the files Of the Navy Depart