The age-herald., 1901-09-28
CONFLICTING TESTIMONY
 IN THE SCHLEY CASE

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 the harbor at Santiago, Admiral schley's report of this occurrence was also read, as was his statement discrediting the in formation, because he then believed the squadron to be in Cienfuegos harbor. All these reports have heretofore been pub lished.
 MT. Rayner began his cross-examina- ton a few minutes before Il o'clock, and had not proceeded far when the court took a recess for luncheon.
 Afternoon Session,
 When the court began its afternoon session MT. Rayner continued his cross examination of Lieutenant Hood. The later said his recollection was that he had delivered his dispatches to Commo- dore Schley in his (Schley s) cabin, but it might be that he had handed them to Lieutenant Wells and had walked down to the cabin with him. He thought there was no one in the cabin wien the con- versation between himself and the Com modore had taken place.
 Mir. Rayner was proceeding to question the witness concerning his conversation with Admiral Sampson when Admiral Schley leaned over and warned that this conversation had been ruled out. MT. Rayner then changed his line of questioning. He said: 'I want to ask you whether in this conversation with Commodore Schley upon this occasion he did not tell you that Admiral Sampson had instructed him before he lett for Santiago to satisfy himself that the Spanish fleet was not at Cienfuegos?'
 The reply was: "I gathered from his conversation that he had said mat in some of the dispatches which were written previously to the dispatch I carried to him, which was of considera- ply later date and therefore of course annulled all the others
 A Magazine Article.
 MT. Rayner questioned the witness concerning the report of the presence of the Spanish fleet at Santiago and at- tempted to read a quotation from a magazine article, alleged to have been written by Admiral Sampson to sustain his point that the Adula mad reported that the fleet remained at Santiago only one day. MT Hanna objected to the in- troduction of the article as testimony. He said among other things: T have written magazine articles myself for prominent gentlemen whose names were signed to tnem''
 He said, however, that he did not doubt the article was Admiral Sampson's. The question was ultimately withdrawn for the time being Captain Lemley then asking: Wasn't 1t your understanding that the Adula in the communication with the Brooklyn led the officers of the Brook lyn to believe that the Spanish fleet had arrived at Santiago one day and come out of the harbor the next day; was not that the impression 1t left on your mind?"
 The reply was: ''The impression made on my mind was no impression whatever. It Is my recollection that at that date I knew the fleet was in Santiago
 Captain Lemley questioned Lieutenant Hood concerning the dispatches delivered by him to Admiral Schley eliciting from him the statement that while he carried two dispatches to the admiral from the commander-in-chief, he knew the infor- nation contained in one was later than in the other because the one. was dated at Havana and the other at Key West. The Havana dispatch had contained more positive instructions about proceeding to Santiago.
 Captain McCaIla Called.
 Lieutenant Hood was then excused and Capt. Bowman H. McCalla, who com manded the Marblehead during the Span ish war, was called. Witness had first come into contact with the flying squad ron on May 19, 1898. When he was pro- ceeding from the south coast of Cuba to Key West he met the squadron on it's way to Cuba. Witness said he had not been asked to come aboard the Brook lyn for the purpose of making a report on conditions in Cuba. but had made a full report to Captain Chadwick, Admiral Sampsons chief of staff, when he arrived at Key West. On this point he said:
 "In addition to written reports, or dis patches, which I carried, I explained to the chief of staff the secret code which I had established with the Cubans near Cienfuegos. That was not done until I heard that Commodore Schley was pro- ceeding to Cienfuegos."
 What was that secret code, briefy?"
 On the 18th and 16th of May, 1898, I had been in communication with three Cuban officers and two privates on the Marble head and had arranged with Lieutenant Lavarez, who spoke English very well. system of signals in case they wished to communicate with the Marblehead or my force. There were to be three horizontal lights at night and three horizontal bars In the day"
 ''To whom, to the best of your knowl- edge, did you communicate that secret code of signals?"
 "Only to Captain Chadwick, chief of staff"
 Squadron Was at Santiago.
 Captain McCalla told of his relation to Cienfuegos on the 24th of May with dis patches for Admiral Schley. He said; q had been reported auehoritatively In Key West on the 18th of May and when I sailed on the afternoon of the Fist of May the Spanish squadron was still at San tiago"
 And you communicated that informa- tion to Commodore Schley verbally"
 Commodore Schley told me he thought the Spanish squadron was in Cienfuegos; that he had received newspapers from uta