The Washington times., 1901-10-29

der,in-chief. Admiral Sampson. was
tHsss? ss;! ,.c,orat,on by Mr. Rayner brought
forth a wave OF applause Which was uh-
checked by the Court.
Mr.. Rayner. COMMUNICATION could
Admiral Sehiey. therefore, supply TINS
nlan of action in question: Why did not
The Navy Department put in the preGept
a paragraph saying that Commodore
Schley had "disobeyed a naval regula-
tom The judge advocate is using an
anhi1uously rrorted section of the pre-
cent upon which to base an argument.
What order of battle could Admlra!
Schiey have given between June ! and
July 3? If the Court please, ! object.
Captain Lemly-f contend that Admiral
Schiey should have had 4 prescribed or
der Of battle. The whole matter rests
upon that question.
In scbIey's Favor.
At this point the Court retired to con-
s,der the question of the admissbility Of
Captain Lemly's Interrogation. After five
minutes Of consideration it returned ana
Admiral Dewey announced;
The Court decides that all questions to
he asked of the admiral shall be confined
to the time between May 19 and June l,
relating to the organization. manage
uent. and control of the squadron when
he was actually in command
The decision was decidedly in Admiral
Schley's favor.
Captain Lemly then resumed the cross
examination:
ulations which provides that captains oL
vessels shall be supplied with plan OF
battle, | will ask you whether eel"Sth
the dates to which the Court has restrict
ed the enquiry. you furnished a plan OF
battle to the aptains of your neet!
Al think that was done.
Q.-Was it done in writing?
A.-No; / don't think ii was; dld not
Il 10 -sElFs
Q-Where was the closer blockade es-
tablishcd. at Cienfuegos or Santiago -.
Any impression is that We were a mt
tie closer ] think, within the vicinity ot
three or four miles, at Cienfuegos, ana at
Santiago we were probably from three
and a half to five miles at times. AT
night we were closer at both places
Q.-You apparently do not understand
me | do not mean closer as to distance
exactly, but closer as to blockade.
Al think the closer blockade was at
Captain I,eInly continued asking num-
Der of more or less important questions
concerning the blockade, all of which Ad-
rniral Schley explained upon his direct eA-
ON connection with the blockade at
Cienfuegos did you issue any ORDERS Tor
day or night to the squadron relative 10
the conduct Of vessels should the spanish
feet attempt to get in or out;
Al issued no written orders. as
sumed personal command at the nsaG Oh
IL would have been possible for the span
ish feet to have escaped at night, oGt II
WAS not for that reason. Ihe Squadron
was always in line Of battle.
OFF you had gone ahead when zap
tain Chester was on board. letting the en-
cinnati follow, and if you had not sIo"t59
down, and if you had not stopped, "oulu
YOU not have reached Cienfuegos on May
Al do not think the difference would
have been more than an hour.
RoIands for divers.
Q.-When did it first occur to you that
the firing which you heard when ap-
preaching Cienfuegos was a salute?
A-when I first heard it.
Q.-When did you first notify anyone
else Of your belief?
Al think it was on the day following.
that is, on the 22d.
Q.-Was 1t not on the sd?
A-Well, perhaps it might have been.
OFF the Spanish feet really left San
tiago May 90 would they have been able
TO have reached Cienfusgos unless they
had made better time than you did In
going from Cienfuegos to Santiago?
Mr.. Rayner-I would like to have your
opinion as to how long 1t took Cervera to
come across the ocean.
Captain I-emly-I can give You the Facts.
Mr.. RaynerI do not see how this is
within the terms of the precept- They
made eight knots coming across the At
lantic but what has that got 10 do with
this matter? At best it is nothing more
than an oJinion which the witness can
advance.
Admiral Schley said he was willing TO
express an opinion. but Captain Lemly
did not press the question.
Captain Lemly then asked If II had ever
occurred to Admiral Schley that perhaps
CerVera having on board stores for Ha-
vana and endeayoriRg to reach Ctenfue-
gos. might not have been Obliged to stop
at some intermediate point.
a afrof Sol lErT
nothing a bout IL whatever When he got on
the south side Of Cuba, he thought that
he was in the neighborhood of the fleet.
and that the reasonable conclusion was
that IL was bound for Cienfuegos. He
said he had been led to believe this by his
talk with Admiral Sampson, and that he
agreed with the latter They both be
lieved that 1t would be found in that vi
cinity.
At this point a recess was taken.
The Afternoon Session.
After the regular recess. Captain Leuly
resumed his cross-examination of Admi-
raj SchIey.
Il want again to refer to the naval
regulations and especially article 2ee'' he
said. Il understand you to say that you
did not communicate to the captains of
the fleet the confidential Information you
had received with regard TO not risdng
your ships against the shore batteries.
That regulation requires q commander
in-chief 10 communicate secret orders TO
his CAPTAINS Did you know that2'
A-Ycs; / supposed that these we're Sc
cret orders to the commander in-chief
and r. garded them as conhdential-
Q-When did the Iowa arrive at Glen
fuegos2
Al think It was about o'clock on the
afternoon Of the 22d.
at II o'clock on the Goth. As compared
with the time consumed by the Flying
Squadron, il seems that the Iowa gained
on the Flying Squadron about twenty -one
hours. That is to say, the time gained by
the Iowa over the time made by the Fly
ing Squadron. How do you account for
this when the Iowa had orders 10 show
herself in Havana Harbor en- route2
A-That is something that cannot very
well be explained. ! can't tell very much
about il one reason that might be as
signed Is the fact that she might have
gone directly across and in-shOre where
the current would not be as strong as II
was of. Then probably she moved some
what out after she had gone around.
Mr.. Rayner-There is no speciiicatio
here at all about the propriety Of move
ments from Key West to Cienfuegos.
Captain Lemly-I think that is a subject
that is proper FOR cross-examination in
the premises.
Mr.. Rayner-The trouble about It is
that we would have drawn in evidence
on the subject 10 the rapidity
OF vessels had we known that il was TO
b. held part Of the precept. We had
virtually closed the case in the belief that
there was TO be no questioning on this
subject.
Mr. Hanna-we have asked whether
certain vessels in their speed did not re
tard the progress Of the squadron.
think the questioning Is proper.
Not In the Precept.
Mr.. Rayner-Suppose an order had been
received to proceed with all despatch, and
suppose the squadron did not proceed
with all despatch. II does not enter this