The Washington times., 1901-09-28

&C the Navy Depa rtment general regu-
l.tion which subjected an officer to trial
b. court-martial with the maximum PEN
atty of death if found guilty of falling
to attack an enemy's ship, and If in view
OF that regulation Schley had done all
that he should have done to destroy the
Colon at that t.zae. Mr. Rayner, who had
evidently been waiting for favorable
opportunity to introduce the special or
ders in this respect. here found ali excel
lent occasion to present them. He said
it was unfair to ask such question with
out mentioning the qualifying orders.
SchIey's Report Intercepted.
The attendance yesterday was quite
large and much interest was manifest
in the evidence adduced. During the in
termission there was a verbal passage at
arms between Mr.. Rayner and Captain
Parker on one side and Captain Lomly on
the other over the publication in the
New York Herald of the despatch
which Schley prepared to send to the
Navy Department reporting the battle
of Santiago. and was intercepted by
Sampson's flag lieutenant, who sent
Sampson's famous message, beginning
''The fleet under my command.
The question of responsibility for its
publication at this time was raised. Dur
Lemly accused Captain Parker of always
being suspicious, to which that gentleman
replied that he might be suspicious, but
that he was always a gentleman, which
was more than he could say of the judge
advocate. The matter was dropped. how
ever, after a time without any personal
animosities being retained.
The first witness was Capt. William c.
Wise, recalled only to certify to the cor
rectness of the report of his testimony
Thursday. While on the stand Captain
Wise was asked this question by the
Court: tpid you direct Captain Sigsbee to
give Commodore Schley the information
contained in the despatch from the Navy
Department concerning the whereabout of
the Spanish squadron"
Captain Wise answered: Il did not
Lieut.. Spencer S. Wood who testified
Thursday, was recalled for cross-eNami-
nation. he commanded the torpedo beat
Dupont In the Spanish war. To Mr.. RAJ
ner he sai'i that on the night of May z
and the night of May % the Dupont was
assigned to picket duty Off Ctenfuegcs,
where the Flying Squadron then was
His orders were TO remain midway be
tween the Castine and the fleet, probably
about two miles off shore. Lieutenant
Wood said he thought he was given direc-
tions to show two red lights to warn the
squadron II the enemys torpedo beats
came ont of the harbor but he did not
know whether the fact of these instruc-
tions WIS communicated to the fleet.
The testimony of Lieutenant Wood was
favorable to Admiral Schley. in that it
showed that picket boat mad been sta
toned at night inside the line of the Fly
ing Squadron Oft Cienfuegos.
Mr.. Rayncr called the attention of Lieu
tenant Wood TO the testimony of Com
mander Harber, in which he stated that
so far as he could recall there was no
picket line stationed. or cruising between
feet and rhOr
the I'D of May, and Lieutenant Wood was
asked whether that statement by Com
mander Harber WAS correct.
1T certainly was wrong" Lieutenant
Wood replied. Il was inside the picket
line"
Refuting Harbcr's Testimony. sol
Mr.. Rayner read further questions and
answers of Comman nder Harber on this
point follows:
Q.-Were there any picket vessels sta
TONED within or cruising within the col
umn line?
A--No1e that / can recall.
Q.-Ycu stand on that answer?
A-I.s. certainly.
Q.-Then there was no picket line cruis-
ing?
A.-No, sir
'Now." said Mr.. Rayner to the witness,
''he was wrong in that2"
Lieutenant Wood am not surprised
that Captain Harber made that statement.
The torpedo boats were forgotten a good
many times. Laughter. Even the COM
mander-in-chief in his report to the Navy
department made no mention of them,
and there is a letter of mine an the de-
partment calling attention to that fact.
Mr.. kayner-Ihe question that | am 1t
now, then, is that Captain Harber has
definitely stated that there was picket
boat inside the line at Cienfuegos. You
say that there was, and that the Dupont
was one of those boats.
Lieutenant Wood-I was inside of the
of the Castiae. Il
: Mr.. Rayner-What we are trying to get
at is thiS-that Commodore Harber said
there were no picket boats inside the line
at Cienfuegos. Now. you say that there |
were, and that you were inside one of |
them Is that correct2
A-That is correct. / was inside the |
Castine. 4
. Captain Lemly-I desire to say to coun-
sci that Commander Harber did not say 1
that d picket line was not maintained |
What he did say was that he coUlu not !
recollect any.
Mr.. Rayner-We are not trying to i'm
peach the veracity of Commander Harber
but We are impeaching his recollection. /
lLaughter.l
Mr.. Hanna here interrupted to say that
counsel stated very positively that Com
mander Harber said that there were no
picket boats at Cienfuegos. Now, 1 wish |
10 bring out the fact that Commander
Harber was not wrong In his testimony,
l.
of questioning the witness. He has ask |
ed II Comma nder Harber was not wrong, |
and l object to that, as he has not said |
that the scouts were not there. He has /
only said that he could not recollect it. |
1 am afraid we shall have to object to |
such questions in the future.
To Mr.. Rayner Lieutenant Wood said |
that he went in every night. while at |
Cienfuegos in the Dupont. and reported |
every morning to the flagship. but he did |
not remember what he reported on par |
. ffar I0NyG fne INN SCin hat m
the morning of May q he reported that |
he had seen lights near the lighthouse.
Mr.. Hanna objected to what he termed |
the effort of Mr.. Kayner to make 1t ap |
pear that Commander Harber had said |
definitely that there were no picket boats |
at Cienfuegos. Commander Harber. as |
serted Mr.. Hanna, said he did not recol- |
lect any.
What is all this about?' asked Mr. |
Rayner.
cit is tc correct a rnisstatenent in the |
record was the answer and Mr.. Hanna |
said he was afraid he would have to OBJ
iect TO statements of that kind hereafter.
No Specific Instructions.
To Mr.. Hanna Lieutenant Wood said he
did not remember specific orders to him
while on picket duty to cover such q con-
tingency as the sudden appearance of the |
enemy, but he had been given general in
structions on that subject at Key West. |
He had no instructions at Cienfuegos, SO |
far as he could remember, as to what TO |
do IL he saw the enenly's torpedo boats |
coming out.
Mr.. Hanna-What steps were taken by |
you or any other vessel TO discover |
whether the Spanish vessels were In the |
harbor OF Cierfuesos?
Lieutenant Wood-None that / know of. |
Q.-Was any attempt made to destroy |
batteries?
A-None that I know Of
At the conclusion Of Lieutenant Woods .
examination he was asked the following /
Question bv .he cottrf-