The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-11
COUNSEL FOR SAMPSON
The Request Once More Refused by
Admiral Dewey.
sAMP SON NOT AN INTERESTED PARTY
Dewey Adds That If the Court at Any Time
Considers it Necessary For Sampson
10 be Represented He Will
bs Informed.
(By the Associated Press.)


Washington Oct. 10.-William III.
Stayton, the New York attorney who
represent Admiral Sampson thamthmm
represent Rear Admiral Sampson be-
fore the Schley court of inquiry, and
whose request was denied by the court,
today presented the following letter to
the court:
Navy Yard,
Washington, ID. c., Oct. 10, 1901,
ITO Admiral Geo. Dewey, L. 5. N,
President Naval Court Of Inquiry,
Washington, u. c.:
"Sir: l am instructed by Rear Ad-
miral Sampson to acknowledge for him
the receipt of your letter of the 9th of
September, 1901, stating that the court
does not at this time regard him as
party to the case now before it, and is,
therefore, unable to comply with his
request that he be permitted representa-
ton by counsel.
81 / am further instructed by the
Admiral to ask that whenever the cir
cumstances arise which entitle him to
representation you will permit our ad-
mission as counsel in his behalf,
80 Mr.. e. S. Theall, of Washington,
.. c., who is my associate in this mat
ter, and myself have been present in
he court room nearly every day OF the
procedure and ole or both of us VIII
cndeavor to be present every day here
after.
"a. We have not had facilities which
would permit US to hear the proceed
ings, but we have been furnished with
copies of the courts record and beg
leave to refer respectfully TO certain
pages of that record which contain at
tacks upon Admiral Sampson.
- Rear Admiral Schley, for in
stance, was permitted TO say (see page
y that "the principal parties to the
present issue are Rear Admirals Samp-
son and Schley."
Sc Direct allegations have been
made against Admiral Sampson and we
ask the court to refer to pages 152 to 156
of the record. where counsel repeatedly
accuse Admiral Sampson, first, OF con-
ductng a blockade with his vessels at a
distance as great as that which was Sc
lected by Admiral Schley for his block
ade; and second of permitting the Co.
Ion to remain for an indefinite time af-
ter his arrival in full sight Of his squad
ron, without making an effort to de-
Stroy her.
~ On page % of the record counsel
was allowed to declare that despite
Admiral Simpsons official report, on
which he states that the battle of July
was fought under his command. as a
matter of fact, Admiral Sampson did
was made by counsel in yesterdays
proceedings to introduce into evidence
signal made by Rear Admiral Samp-
son, which counsel stated in his argu-
ment was intended to show that Rear
Admiral Schley was commander-in-
chief at that battle. Surely these allie
cations involve the honor of naval
officer.
"S. The courts precept states that an Of
ficer who is interested may be permit
ted to appear and defend himself. and
while we fully realize that Admiral
Sampson is not a party to the case. as
the court states in its letter OF the 27th
of September, no notice has been given
that an effort will be made to deprive
him of his honors and even OF honor and
his good name, and he is accused of per-
hitting an enemy's vessel to lie undls-
turbed in his presence, and all that was
a naval officer he holds dear is involved
and we ask you to decide merely that
he is interested.
SO. 1t is true that the attacks upou
Admiral Sampson have been made covert
ly and under the name OF argument, bur
the statements have been nevert theless
public; they have been given great cur
rency and they are embodied in the rec
ord to remain forever on the files of the
Navy Department. 1t is at least worthy
Of comment that on every occasion in
which such an argument has been in
dul, question at issue has been
voluntarily withdrawn after full opinion
had been taken.
30. Were we alone in our opinion that
these arguments arc improper, we should
hesitate to make such statements, but
the judicial officer Of the court-the
Judge Advocate-has repeatedly charac-
terized these arguments as improper
III. We of course realize fully that the
intervention of new issues and new par
ties might be improperly used to cum
Der the record and prolong the trial; but
counsel are entirely under the control of
the court and may always be suitably re-
strict = therefore, request that we
now be permitted TO appear before the
court and given facilities which will en-
able to hear the procedure and be pres
ent to defend Admiral Sampson
when counsel shall make upon him at