The Montgomery advertiser., 1901-10-11
NO COUNSEL FOR
 ADMIRAL SAMPSON
Request of Attorneys That Tts.,y Be Allowed to Participate is Sgain
 Refused by the COu'z.

Washington, Oct. 10-William H. Stay ton. the New York attorney who some time ago asked to be allowed to repre- sent Rear Admiral Sampson before the schley court of inquiry and whose request was denied by the court, today presented the following letter to the court:
 'Navy Yard. Washington. Oct. 1O.-Ad- miral George Dewey. U. s. N.. president naval court of inquiry. Washington, U. U. Sir: I am instructed by Rear Admiral Sampson to acknowledge for him the re- ceipt of your letter of the 27th or sep tember, 1901, stating that the court ooes not at this time regard him as party to the case now before it ,and Is, there- fore. unable to comply with his request that he be permitted to representation oy counsel. "second-I am further instructed by the Admiral to ask that whenever the circumstances arise. which entitle him to representation you will permit our ad- mission as counsel In his behalf.
 ..Third-Mr. E. s. Theall Of Wasnlne- ton. D. C., who is my asosciate III .nrs is matter and myself have been present III the court room nearly every day of the procedure and one or both of us Will en- deayor to be present every day hereafter. .'Fourth-We have not had facihties which would permit us to hear the pro cedings, but we have been 1urnlsneo with copies of the courts record ana peg leave to correct that record, which cen tain attacks on Admiral Sampson.
 "Fifth-Rear Admiral Schley for in- stance was permitted to say (see page D that the principal parties to the present issue are Rear Admirals Sampson ana Schley.
 .Sixth-Direct allegations have been made against Admiral Sampson ana We ask the court to refer to pages loZ lo ioo of the record, where counsel repeatedly accuse Admiral Sampson-frst, of con ducting a blockade with his vessels at a distance as great as that which was selected by Admiral Schley for his plock- ade: and second, of permitting the Colon to remain for an indefinite time after ms arrival in full sight Of his quadroh, without making an effort to destroy hes'
 "Seventh-On page g, of the reco!o counsel was allowed to declare that ces- nite Admiral Sampson's official report, In which he states that the battle or July was fought under his commanu' that as A matter of fact Admiral Sampson d:d not-command on that day, and an enort was made by counsel in yesterdays pro-
 
 signal made by Rear Admiral Sampson which counsel stated in his argu ncnt was intended to show that Rear Admiral Schlev was commander-in-chief Of that battle. Surely these allegations involve the honor of a naval officer.
 "Eighth-The courts precept states that an officer who Is interested may be per- nitted to appear and defend himself, ard while we fully realize that Admiral Sarpp- son is not a party to this inquiry the court states in it's letter of the 2th or September that notice has been given that an effort will be made to deprive him of his honors. and even Of his good name, and he is accused of permitting an enemy's vessel to lie undistur5ed in his presence, and all that naval ofhcer holds dear is involved. and we ask YOU to decide merely that he Is interested
 "Ninth-It Is true that the attacks upon Admiral Sampson have been made coV- ertly and under the name or argument but the statorne nts have been neVertne- less made public. They have been given great currency and they are embodied In Inc record to remain forever on the files of the Navy Department. It is at least worthy of comment that on every occa- sion in which such an argument has been indulged in the question at issue has been voluntarily withdrawn after full oppor- tunity had been taken to accuse the Ad- Iniral.
 .Tenth-were we alone in our opinion that these arguments are improper We should hesitate to make such statements. hut the judicial officer of the court-the Judge Advocate-has repeatedly charac- terized these arguments as improper
 "Eleventh-We of course, realize fully that the intervention of new issues and new parties might be improperly used to cumber the record and prolong the trial, but we are entirely under the control of the court and may always be suitably restricted. We. therefore, request that we now be permitted to appear before the court and be given facilities which will enable us to hear the procedure and he present to defend Rear Admiral Samp- son when counsel shall make upon him attacks of the nature which they have already deemed proper to make.
 "Very respectfully,
 ''W. H. Stayton.''
 A reply was sent MT. Stayton to the .fect that Admiral Sampson was not party to the inquiry. and that he would be notified when the court considered him as interested.
 Just before the Schley court of inquiry adjourned today, Judge Advocate Lemly introduced Lieutenant J. H. Holden, for merly watch officer on the Scorpion. as a witness Lieutenant Holden signed the entry in the Scorpions log, giving the particulars of a message for Commodore SchleV from the Eagle Wnlcn that yes sel had brought from Captain McCalla on May 19, 1898, when the flying squadron then bound for Cienfuegos, fell in with Captain McCaIla's squadron. which had just left that port. The Government had sought to show that by this message Commodore Schley had been notified that the Spanish fleet was not in the harbor of Cienfuegos and Lieutenant Commander SoutherIand of the Eagle had testified that he had megaphoned to the Scorpion that there were only torpedo boat and several cannieros in that harbor. Cap tain Lemly told the court today that the log of the Scorpion did not show the re- ceipt of the message in this form and that he was prepared to admit that there was no evidence to show the delivery of the message to Commodore Schley,"
 Other witnesses of the day were Lieu tenant Commander W. H. Schuetze. who served on the Iowa. and Lieutenant A. w. Grant who was on the Massachusetts, who testified concerning the general cam paign of the flying squadron. Lieutenant Edward F. Leiper concluded his testi- mony begun yesterday
 The Schley naval court began business at il o'clock today with the recall of yes terday's witnesses for the correction of their testimony and the addition of such points as might have suggested them selves since their retirement from the witness stand. These were Admiral Tay- Tor Lieutenant Commander Potts and Lieutenant Bristol.