Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-11-04

| SCHIEf y COMmlopioN VT bhbb'
Before taking the usual recess for
| luncheon. Mr.. Raynor offered in EVIL
| dence the commission Of Admiral
| Schley, and when asked II he had any
objection to It's going in, Capt. Lemly
| replied, "None at all, but called atten-
| ton 10 the fact that II was COM
| mission dated Aug. 10, 1892 issued dur
| Ing a recess Of Congress. and that the
words nominated by and with the ad-
vice and consent OF the Senate were
stricken out. 1T will appear" said
Capt. Lemly. "of course, exactly as II
appears here
Capt. Parker-This commission was
issued under the law that authorized
II "f0r gallant conduct In battle
In reply 70 question by Admiral
Dewey Capt. Lemiy said;
1T is signed by the President. II
was recess appointment, but the court
will remember none OF those ad interim
appointments was confirmed by the
Senate"
vALUELEss If NOT CONFIRMED.
Admiral Dewey-It IL valueless II II
has not been confirmed by the Senate,
1t can go In but 1t has no value Of
course.
AT this point the court took recess
until 2 o'clock.
When the court convened after re.
cess, Admiral Dewey handed to Capt.
Lemly and the latter read the follow
ing announcement:
THE court states that while ii has
admitted TO its records the document
presented by counsel for the applicant
which was issued to the applicant by
the President OF the United States on
Aug. 10, 1898, the court does not recog-
nize such document as the commission
under which the applicant holds his
present Office In the navy"
ARGUMENT BEGINS.
Immediately after the reading Of this
statement the argument In the case was
begun Mr.. Il. p. Hanna, assistant to
Judge Advocate Lemly, opening for the
government. Mr. Hanna began his
presentation of the case by referring
TO the fact that In May. 1898, the coast
OF the United States was menace1 by
the Snanish fleet. This. he said was
critical time. The seaboard cities |
were exposed to attack. Military ope-
rations were pending for the relief OF |
Havana. but they could not be carried |
out while the whereabouts of the Span-
ish feet was unknown.
Mr.. Hanna told OF the arrival OF the
flying squadron at Key West and read
a number OF preliminary orders 10 Com
modore Schley. Speaking Of the lun
Of the flying squadron from Key West
10 Cienfuegos, Mr. Hanna claimed that
the trip was not made as ezpedltiously
as possible. He cited the fact that the
Iowa, which went by way Of Havana.
made much better time
Continuing. Mr.. Hanna related the
Of the meeting tetwe7n
Commodore Sohley and Capt. McCalia
az the former was on hisiway t. Glen
fuegos. Capt. McCalla,7 he fai@. did
rot know that Commodore Schley was
on his way 70 Cienfuegos while Com
modoTe schley did know that McCalla
had been there, Under such ci'cum-
stances" he continued, "the ordinary
rules governing the ini. rcourse between
senior aud Junior Officers aid not per-
tain. In that ease the burden II cal
Ing for information was placed upon
The senior officer. Yet II II I'm eyid-
snce that the commodore did not re-
luest ANYTHING from capt. McCalla,P
The Meeting with Capf. Chester. II
Cincinnati also was r,fsfsed to and the
that. rratwithstandlny
la had no inforrrotisn u imrart he
vas taken aboard Tho Braotlrn and the
lying squadron detained for an hour
.nd 70 minuteq b permit cDnvers,-
ION with bin nn the part Of tie COM
nodors. This incident was contrast d
WITH the delay in proceeding TO Glen
ueGos.
Mr. Hanna also referred T. the arrival
: Cienfuegos. speaking OF the reports
7 gums heard b. Admiral Schley rnd
Z the meeting with the British ship
ldula.
SIMPSONS ORDER READ.
Mr.. Eanna then read the ord,r of
.onlfai Sampson 10 Commod re
chley, dated May 10, 1898, directing the
llter to take steps 10 prevent the enc ,
" rom continuing work On the new
'rtihcauons al Cienfuegos. 1T does q,
OF appear cent nued Mr.. Hanna.
mat any steps were taken TO prevent /,
oik on those new Notifications. In :
ict thls order Yves not. so far as the :
'stmony shows, In any way regarded. /,
2 gun was Hired at Cienfuegos by the :
ing squadron for any purpose EXCEPT =
capt. McCalla, who asked and oh
llned permission to knock down n
ock house some miles from the on. q
ance TO the harbor." y
MccALLAS SIGNAL CODE. e
He discussed the question Of Mccall
signal code for communication with
e cuban insurgents on the shore AZ :,
enfuegos at some length. He said V
al while Capt, Cook had stated thar
e lights provided for in that code first
'peared ON May %, Admiral SebIey =
ID stated that they were not visible ,
I'LL the night OF the 2Srd. Other wit. II
sses had placed the date az the 22nd
us. Mr. Hanna said, he considered nm .
Iportant point for II the lights were u
en- on the 22nd the circumstances II
INJECTED with the McCalla memoran- u
would have rendered Il incumbent
on the commodore TO investigate u
en-. Moreover an investigation u
luld have developed the fact that the !,
hts were located at the point where y
calais memoranda showed that "
ere was cove where landing would ~
feasible q
The surf was examined, as the testi- ci
NY shows" continued Mr. Hanna.
y the ships which were a considerable q
tance erom the shore and was not ny
re closely Inspected No attempt 10 y
IA was ma IL lN any bogf - Ct