Evening star., 1901-11-06

an, because l am GUS sure that nothing
/ can say can enlightel this court in any
issue that is involved While l cannot
tighten the court, perhaps l can tighten
the labor of the court
MIR. Rayner said he should abide closely
by the specifications in his argument and
should select from the testimony the salient
points and save the court the trouble OF
going over the vast amount of printed tes
timOny before it, which amounted. he said
to some 600 pages. He complimented MI.
Hanna very highly in his opening argu-
ment, and said that if he could succeed as
well. he should feel that he had accom-
plished a great deal. He also compliment
ed the judge advocate in this connection
for the able manner in which, he said, he
in connection with Mr.. Hanna had con-
qUested the judge advocate and his as
sisJant to correct him if he should MAKE
any errors in quoting testimony, and ther
began at once with mis- argument.
Movements of the Flying Squadron.
He said that he should not take up the
specifications in the order in which they
were made, but would takesup the second
specification first. The trip from Key West
to Cienfuegos. he said, was not dealt with
by the specifications, and he should not
touch on that. The circumstances attend
ing the movements of the flying squadron. -
he rea i from the second specification his
first text. He said that there was some
the first time he read over the specifica-
tiOns. and that was the necessity for put
ting ones self in the position Of Admiral
Schley at the time the occurrences were
taking place 1t was easy enough to see
now how things might have been done. but
he counSeltd the court to bear in mind the
exact facts which the admiral had before
him in controlling his actions.
He was at CienfuegOs three days said
Mr. Rayner. He arrived there on the I'd
although it was really about midnight on
the 2lst. He was there on the odd 23d and
the greater portion of the 9th. On the
night OF the I'D he received dispatch No. ~
MIR. Rayner said that there was one ir-
reslstible conclusion which drove itself
home In his mind in the reading of dispatch
No. z. He read the dispatch in sections.
commenting upon 1t. and said that that con-
cIuslon was that that dispatch absolutely
commanded Admiral Schley to stay at Glen
fuegos whether the Spanish fleet was there
or not He sail he had read il and con-
sidered 1t in every way possible, and there
was no other way but to believe that this
was the intention of the author of the dis
patch. In this connection he had no crtti-
cism to make of -he author. he said, but 1t
was the order which governed Admiral
Schley.
IF he had found that the Spanish fleet
was not there on the nd continued Mr..
Rayner, lit was his duty under this order
to stay there. That is the foundation, the
keystone, of this whole case. 1t is the
illuminating feature which runs all through
the case"
He said that after duly considering this
letter, which stated that no change was to
be made in the present plan, and that
Schley was to hold his squadron off Glen
fuegos for the purpose of destroying the
Spanish fleet IL they should attempt to
come there or to Havana. it stated that If
they were at Santiago they would doubt
less try to get to Cienfuegos or to Havana
the Spanish military base. 1t was the opin-
ion of the author of the dispatch, as stated
II am therefore of opinion that your best
chance of success in apprehending their
ships will be to hold the two points, Glen
fuegoS and Havana, with all the force you
can muster" 1t was too plain and self
evident, continued Mr.. Rayner, for any
further argument that the author of the
dispatch meant that Admiral Schley should
hold his fleet off Cienfuegos, even If he
had sent boat in on the 22d and found
that the Spanish fleet was not there.
Now We have got to the 22d" continued
Mr Rayner- Did he do his full duty or
that day? He obeyed absolutely and i'm,
plicitIy that order. Now, what occurred or
the I'D? 1t does not make any difference
whether these signals appeared on the 2lsi
or the I'D, or both days, or whether cayal.
rymen appeared We want to get the con.
dition OF Admiral Schley as to whether he
was acting according to the highest I'm.
stincts of duty. On the 23d comes dispatch