The Washington times., 1901-10-14
SAMPSON NOT TO TESTIFY
Regarded as in No Condition t6
Appear as a Witness.
May BE Connected with the Enquiry
In n Constructive Sense-A List of
Questions to BE Submitted-Fea-
turea Developed at the Hearing.

I tpreg Developed Mt the henrihG-
Rear Admiral w. T. Sampson will not
lbe called as a witness before the Court of
tEnGuiry. This much may now be regard
ed as settled not only by reason o, the
incidents which have occurred at the
hearing during the past week. but more
particularly because of the physical and
mental inability of Sampson to appear
and give testimony.
1t is admitted that he could not give a
connected and lucid statement to the
Court He has much difficulty in talking.
While he is able to walk about a little
on pleasant days, his health Is such that
he could not go upon the witness stand
His friends have never wished him to
give testimony, although he has all along
been desirous of taking the stand against
Schley, and counsel for the applicant, in
view of his condition. will not insist that
he be summoned. Because he will not
actually be brought into the case does not
mean that he will not be connected with
it constructively. This is regarded as a
very important matter to Admiral Schley,
ard at the proper time, 1t will be argued
before the Court with all the force Of Mr..
Rayner's logic.
Judge Wilson was expected to present
the-question of SIMPSONS connection with
the case to the Court, and he was pre-
pared for an exhaustive and convincing
a rgument upon the subject His untime-
ly death, however has thrown that ad-
ditional burden upon Mr.. Rayner. A list
of questions for various witnesses has
prepared, and these will be submitted TO
the Court to bring up the matter when
Captain Lemly concludes his case. This
was done by agreement in order that time
might not be wasted I'm discussing the
matter every time a witness was upon
the stand who could tell anything which
would connect Sampson with the case. If
the questions are admitted the witnesses
may be recalled. The principal point
which the defence wishes to establish is
that Admiral Schley was in actual COM
nand during the battle of Santiago-that
he was in command of the blockading
fleet after Sampson, on board the New
York, withdrew to go to Siboney to confer
with Shafter.
When Admiral Schiey takes the stand in
his own behalf, as he will do, some in
teresting disclosures and statements may
be expected 1t is predicted that he viii
have something to say which will stir up
the Navy Department and cause his enc
mics in that branch OF the service to seek
shelter. During ali the three years that
the controversy has waged he has main
tanned a respectful silence and Sampson
and his partisans have done the talking
The time has now come when Schley will
strike back.
How far the Court viii permit him TO
go in case 1t decides that Sampson can
not in any way be brought into the pro-
ceedings 1t is impossible to say, but it is
thought that as he is the applicant,
he will be allowed to make a complete
statement without restrictions He asked
for an enquiry upon the entire matter"
but the officials at the Navy Department
drew the pIecept so as to suit their own
case. They drafted IL with much care
to exclude at the hearing all reference to
Sampson and laid down ten points. AT
the same time the precept said that these
points were for the guidance of the Court.
and that the whole subject would be in
vestigated. Nevertheless, IL has beer a
noteworthy fact that the judge advocate
has made every effort TO confine the en-
quiry to the strict letter OF the ten speci-
fications.
Captain LemIy win probably conclude
his case on Tuesday. and then after the
matter Of the questions to be submitted
is argued and settled, the applicant viii
begin his defence. Four or five days have
been consumed in the Introduction of
cumulative testimony. This was particu-
larly the case last week, as the Judge ad-
vecste introduced one watch officer after
another, all Of whom made practically
the same statements regarding the block
AIDES Of Cienfuegos and Santiago and the
reconnaissance Of May 81. They had
nothing new to tell and some OF them
Mr.. Rayner did not cross-eXamine at ALL
The first point in the precept suggests
an enquiry into Admiral Schleys conduct
during the campaign, but the evidence
thus far has practically been confined TO
the events Of week and one-half Of that
campaign Almost no mention has been
made OF any dates save May q TO May
81. inclusive, and the three and one-half
hours Of the battle on July g. On the
first named date, Schley arrived of Glen
fuegos, and on May 81 occurred the rec
onuoissance, the attack on the Colon.
and The incidents connected herewith On
the following day. Sampson arrived. and,
although he passed by the mouth Of San
tiago Harbor, saw the Colon lying there,
and had the authority of the Navy De-
partment to attack her, notwithstanding
the batteries, he did not fire shot at her,
Evidence regarding this fact has not yet
been admitted
Reference to the entire month of June
has been omitted with the exception of
the statements Of two or three witnesses
for the purpose of eliciting information
as TO the strength of the shore batteries
During the latter part of last week, May
- and May % were mentioned but they
had to do with Sampson. the fact OF his
having sent dispatches, rather than with
the conduct Of Schley.
With the exception Of the evidence OF
lieutenant Commander Hodgson. which
was concluded on Monday, the bulk of the
evidence relating directly to points OF the
preccpt has been adduced for the purpose
Of proving that the affair of May 81 was
an ineffective and weak attempt to de-
stroy the Colon. Mr.. Rayner. for Admiral
Schiey, has sought to show that it was a
reconnaissance for the purpose of deveI-
oping the strength and position of the
shore batteries.
This is an important point. regarded as
one OF the most important under the scope
OF the enquiry, and one to which the Court
has giver close attention. Harlhs met
with FAR less success than Ii expected
in attempting to substantiate the other
charges. the Government side" kas
fallen back upon this one. In the effort
10 prove It witness after witness has been
called who could give nothing but cumu-
lative testimony. II has been a fact OF
no little comment that, aside from Ad-
miTal Evans. the most vicious attempts to
iHjure Admiral Schley have been made by
the junior officers, the underlings in the
service who are anxious to curry favor
with the lowers at the Department ia
order TO secure agreeable assignments
Bristol, Potts and others OF like stamp
rather than the senior officers.
OF the three members of the Court Rear
Admiral Benham rs the one who pro-
pounds the greatest number of questions
10 the witnesses after the Judge advocate
and the counsel for the applicant have
concluded. II is not that he follows the
case any closer than his two associates
hut he seems 10 have the LAWYERS faculty