The Washington times., 1901-10-13


been made against him., He did not think
that Captain Lemly intended IT, The least
little objectios made. he said. placed the
judge advocate in an irritable humor.
Captain Lemly made a statement, which
while not a formal apology, WIS never
theless accepted as satisfactory.
At another time during the proceeding;
the Judge advocate manifested a littl,
show of feeling He was reading a report
when Captain Parker interrupted him by
saying. 'Lemlyi' "Lemly!" The judge
advocate turned about, and said emphati-
cally, Captain Lemly; if you please. '
There was still another little ruffie dur
ing this brief session of but two hours
Admiral Dewey arose TO administer the
oath to a witness, and as he did so, re-
queSted Mr. Rayner and Captain Bem,y
TO cease their conversation. There was
brief suspension of the talking. and
Admiral Dewey began to repeat the oath.
In the meantime, Captain Lemly, forget
ting himself again. addressed Mr.. Rayner
in audible tones. Admiral Dewey was
again obliged to admonish the judge ad-
vocate to be silent and to repeat the oath
again. 1t was manifest from his manner
that the thoughtlessness Of the judge ad-
vocate was disturbing to him.
Captain Lemly also became somewhat
eXasperated with a ruling of the Court
to admit a statement which Mr. Rayner
asked to be placed in evidence. He did
not object to the Introduction of the doc
ument, but protested against allowing it
to so in at that time
The attendance was larger yesterday
than upon any day since the day the
Court opened.
n vfaL- n
The first witness was Lieut.. Francis
Boughter, called to certify to the record
of his testimony. Capt French L. Chad
wick, Admiral SIMPSONS chief of staff
in the war with Spain, then took the
stand and the cross-examination begun
Friday by Mr.. Rayner was continued.
Mr.. Rayner read to the Court Captain
Chadwick's answer to a question Friday
as TO whether he recollected Admiral
Sampson's congratulatory despatch to
Commodore Schley. in which answer Cap
tain Chadwick said: Il remember IL very
well, because / protested against those
congratulations. He persisted in putting
it that way. l asked him why, and he
said: oh. I want to encourage him. "
Mr. Rayner said that the last part of
the answer was not responsive to the
question. and that he now wished to ask
two questions in relation 10 it. The first
question WIS: When did you find out
under d sspatch No. So and the second
was: Did YOU then in protesting against
the congratulatory despatch refer to the
blockade at Cienfuogos -
The judge advocate said he would not
object to those questions if he might then
ask the witness whether lie knew that
Commodore Schley was acting under the
instructions of that Dc spatCh alone.
Mr.. RayEcr said he could not agree that
answers to the two questions which he
proposed TO ask would not give the judge
advocate the right for re-eXamination.
His first question was When did YOU
No 50"
The Judge Advocate-I have no obiec-
tion to that question as you have changed
Captain Chadwick looked over despatch
20. 8 winch is the one from Admiral
sampson to the commander of the Flying
~ oggaSroI eietI, uated Key West May p. 1898,
ana Dt DtSlnning Spanish squadron prob
ably at Santiago de Cuba" and then re-
sponded to the question by saying Il was
IN mo ofneu OF ITS puTport at the time it was
sent by the Marhlehead."
Q--Did you see it when it was sent to
the Marblehead2
Al did 1ot read it.
Q.-Nhen did you first read it2
Al did not read the original despatch
until the answer was received from Com
inonore Schley by the Hawk
Q-Dld you, IN protest against the
sending OF the consra tulatory DESPATCH.
refer to the blockade OF Cienfuegos under
despatch No S? -''- 1'''-ei
Under objection Mr. Rayner changed the
form OF his question so as to make it read:
Did YOU have the blockade off Glen
fuegos in mind when you protested
q against the sending of the congratulatory
despatch?"
Captain Chsdwick-WeI. l can say that
! had it partially in my mind.
Mr.. Hanna-What detailed and personal
Information did you have respecting the
conduct Of the Santiago campaign and the
movements of the Flying Squadron?
Ave were advised of the movements
OF Cienfuegos, and We were also advised
by the Navy Department regarding Com
modore Schleys purpose to come back to
Key West
Q-Did you know. personally, Of that
retrograde movement
A.-Only as it was embodied In the tele-
gram from the Navy Department begin
ming, Schley telegraphs from Santiago de
Cuba he goes to Key West with his
squadron for coal. though he has 1900
tons OF coal with him in a broken-down
collier"
Captain Chadwick. by the direction o.
Admiral Dewey read the despatch in full
and added that Admiral Sampson had
been very much encouraged by
Before he could get any further ne was
interrupted by Mr. Rayner. who objected
TO any statement not called for by ques-
tion.
Mr.. Hanna-what would your answer be
TO question as TO whether Commodore
Schley was acting under that despatch?
Nj Rayner-I object. That would be
merely conjecture on the part Of the wit
ness.
There was much discussion between Mr..
Rayner and the judge advocate as to the
form of the question TO be put TO Captain
Chadwick and as to why Sampson had
was brought out that Sampson had re-
ceiyed from Schley on MAY % a telegram
asking if he should endeavor to coal the
Marblehead in the open sea and retain
position of Santiago until coal supply has
given up Ioutl."
The argument resulted in a satisfactory
question TO Captain Chadwick, which
brought from him the answer that the
message in regard to coaling the Texas
and Marblehead and the capture of a
British collier for the Spanish feet WIS the
one on which Sampson had based his mes
sage of cOngratulation TO Schley.
Lieutenant Commander Sidney A
Staunton, who was assistant chief of staff
to Admiral Sampson in the war with
Spain. gave an account of how the news
that the Spanish fleet was at Santiago
came to him. and was communicated TO
Admiral Sampson.
"On the morning Of Nav 20" he said
u met on shore at Key West. at the office
OF Commodore Remey, Captain Allen, who
was the army signal officer in charge of
the telegraph office at Key West He
called me aside and said he had very i'm
portant Information that he believed 10
be correct / was to keep IL a secret from
everybody except the commander-in-chief
tSamDsoE) and his stan, as the man who
gave il would probably lose his life If il
became known that he had sent II. and
this source of Information would be
stopped. He told me that the night be-
fore he had received despatch from
Havana that Ceryera. that morning. the
1871 Of May. had entered the harbor of
with his squadron He said The
information came from a telegraph OF err
ator in the Office at Havana. and l.iat
he would return there every night at 6
o'clock.
Il returned to the New York some time