The age-herald., 1901-10-30

| six miles west of the harbor, you say you ascertained subsequently, that the Span l ish were there and not Cubans?' Some Sharp Responses.
 ''So Nunez stated on the first and upon that l preoicated the remark that if | we had landed in that position probably we would have been gobbled up."
 You did not try to land there?
 NO, thank God, I did not"
 You did not follow up that cue and ] find out at that time whether the in- surgents were there, did you?''
 Perhaps 1t is lucky 1 did not"
 Don't you think, perhaps, 1t might have been lucky if you had?' l ''I do not think so."
 You did not really know who was | present there at that timer 1 Personally, did not know only in the light of what I subsequently, heard. The court here adjourned for lunch.
 After the recess Captain Lemly asked: | "Did you not accept the order or the department as requiring you to return | and remain off Santiagog
 After coaling, finding that the sui l ficiency of the squadron was established 1 nearer, on a basis of equality and as we were not great distance from Santiago, l returned in view of the suggestion or 1 the department to ascertain definitely | whether, the enemy was In the port pelore preceedirg to the westward-from our | return we discovered the Spanish fleet if, having brought the flying squadron l to the vicinity of Santiago and having In 1 your possession a dispatch rom the 1 Navy Department dated May 2S lS5S, I which ,directed the Harvard to proceed at once and inform you and also senior ofn- cers present off Santiago, all depart ment's information indicates Spanish di- vision is still in Santiago, whether you did not, with this dispatch in your pos session from the department, signal des- tination Key West without consulting the officers of several vessels composing your squadrong'
 q did not get that dispatch until the 27th of May, although dated May 25 at Washington and I did hoist the signal afterward for the reason, as stated a little while ago. that the information in my possession at that time from Captain Sigsbee gave positive assurance that the Spanish squadron was not there support ed by the testimony of Nunez, that they could not get in on account of the vessels draught and the narrowness or the chan- nel I considered then that | had to act 1 on my own responsibility. l did not call | the commanding officers on board, for as 1 1 stated in my direct testimony. was al- ready ready to assume the responsibility of any movement that might cause cen l sure rather than throwing myself back upon anybody else. That was the motive and reason for this action"
 The admiral said that he had in his pos- session the departments communication | of May 25, on May 27, when he had again signalled purpose to go to Key West.
 In response to an inquiry he said that he thought he had confded to Captain Cook his purpose in returning to Key West, but he could not recall certainly that he had done so.
 "where could you have coaled if you had gone to Key West? asked Captain Lemly.
 Ills Idea of coaIing.
 My purpose was to coal at the first opportunity whenever it was possible to do so. If had gone to Key West I should have coaled on the outside, just outside the lighthouse"
 As to the condition of the coal supply at 3:55 p. m., May 27, Captain Lemly asked:
 What was the condition of the Mer- rimac?"
 ''She had 4OOO tons of coal, but she was disabled"
 When you started on the retrograde movement did you not take with you all the United States vessels there and leave the port of Santiago unguarded?"
 NO, we did not leave the immediate vicinity on the 26th. We were south of the harbor IA or IS miles,"
 ''But when you did start to the west ward, did you not take all the ships with your"
 'I don't recollect exactly. The St Paul must have been with us."
 The admiral said he had sent the St Paul back May 27. He had not withdrawn the scouts further than he found them. He was closely questioned as to why on May 27, he reported that he was "abso- lutely unable to coal the Brooklyn. He said that 1t was on account of the motion of the ship He also added that she did not need coal, and he did not try to coal her, but had in view the contingency of needing coal. The Brooklyn was the only vessel with more than sufficient coal to reach Key West, taking into considera- ton all the circumstances of service likely on such trip. with the exception of the Iowa
 Captain Lemly then called the wit ness attention to the fact that it was on May 29 that he had seen the Colon In the harbor of Santiago and also the bows and masts of other vessels. and added:
 Then two days before the Cuban pilot, Nunez, landed, you knew that at least some of the fleet was there?" to which Admiral Schiey replied in the affirma- tive.
 ''Why did you not. when Nunez came on board the Brooklyn May 2s. land him 1 anu ooedin tne hiormauon from the tn- surgents?"
 Simply because the information which he gave me at that time was so positive in its character that the enemy could not get into the port that did not feel 1t was necessary to send him ashore !" replied the admiral. '.Subsequent experience, however de- veioped the fact that they were in there at that timer
 'Yes, of course 1t did" Therefore. Nunez was wrong?" Undoubtedly. If I had known that at that time I might have taken different action; that is, if had been as well pre- pared before hand as I was afterward.' .'' Determined to Find Spanish. | The witness said when he returned to- ward Santiago on the afternoon of May 2S 1t was because he intended to decide whether the Spanish squadron was there He had signalled that he would keep off