Evening star., 1901-11-04
.ARGU MENT BEGUN
Continued from First Page.)


mark. 1t was Objectionable because 1t was
not a fact, as there had been many admirals
and captains who had testified whose tes-
timony had not been called in question at
all.
Court willing to Hear the Testimony.
Admiral Dewey said the court had no OBJ
lection to the testimony intended to be
given by Admiral Schley.
Admiral Schley said that he had heard
nothing of the protest which 1t was said by
the former witness had been made by Lieut..
Commander Switzerland against being sent
away in the Eagle He said that 1t would
have been impossible for Lieut.. Commander
Switzerland to have protested.
The judge advocate questioned the witness
regard to the amount of coal the Eagle had.
He asked the witness whether he did not
state that the Eagle had only one days sup
ply OF coal, more or less, when sent to San
Antonio. and he replied that he did. He
asked whether his press copy book Old not
contain a letter stating that the Eagle when
sent to Port Antonio had twenty-seven tons
of coal. and the admiral replied that that
was on the next day.
Admiral Schley was then excused.
Documents Added to the Record.
The Judge advocate announced that he
had received the signal book of the Iowa
which had been sent for and that he should
like to put enc signal in evidence. This
signal was by wig-wag at 2:05 pm. on the
day Of the bombardment of the Colon. It
was from the Massachusetts to the Iowa
and read: do not go in any closer" The
judge advocate explained that in the record
this signal appeared from the Brooklyn
to the Iowa. He wished to make the cor
rection that it was from the Massachusetts
to the Iowa.
The judge advocate then announced that
he wished to include a number Of docu-
10 nrd Of 1n hn fret
one he enumerated was report on the
strength of the batteries at Santiago.
This was objected to Immediately by Mr..
Rayner and ruled out. Another paper
which he offered was the letter of the Sec
retary of the Navy to the Senate regarding
the Santiago campaign. This was not al
lowed to go in the record after considerable
discussion by counsel.
Mr.. Rayner contended that it was an ex
parte statement, that the Secretary of the
Navy had no personal knowledge Of the
matters on which it was based, but had
written it from reports, and that he was
not competent as witness before the court
for this reason Mr.. Rayner explained that
he had no objection to the letter being
printed in the appendix of the report for
reference in argument. but he said it clear
~ could not be made a part of the record.
The other documents which were made
part of the record include the reports of
the captains of the various ships of the
American squadron before Santiago. The
miral SIMPSONS report of the battle of
July 3 made a part of the record, but OBJ
lection was at once made by Mr.. Rayner
and the request was withdrawn. Admiral
Schleys commission a rear admiral,
signed by the President and dated August
10. 1898, was also made a part of the
record
The court at 1 o'clock took the usual re-
cess until 2 o'clock.
When the court convened at o'clock
Admiral Dewey handed the judge advo-
cate a paper, which the latter read stat
ing that the court did not recognize the
commission which had been submitted as
the commission under which the applicant
held his present office in the navy. The
judge advocate then submitted the log of
the Colon which had been printed and re-
quested that it be made a part of the
record.
Mr. Hanna Opens His Argument.
Mr. Hanna then arose to begin his argu-
ment in the case.
In what shall say in presenting sum
mary of the testimony" he began, pro
duced in court. should like to accomplish
two objects. First. to be brief and terse
and, second, to present careful and ex-
haustive citation of the evidence referred
to, and particularly to the important points
established. l am afraid these two things
are incompatible and it will be necessary
for me to compromise. While the testim9-
ny adduced here. considering the splendid
scope of the inquiry and the fact that this
is perhaps the most important naval court
ever convened, would make my remarks
very voluminous, and shall not undertake
such an elaborate review as l had at first
contemplated, 1 will take up briefly the
several clauses enumerated in the specii-
cations in the way in which they appear in
the precept.
In May, 1898. our coasts were menaced
by hostile fleet, a fleet of modern con-
Struction, composed as was then under
stood. of four steel cruisers and three swift
torpedo boats. 1t was a critical time
AS Mr. Hanna proceeded with his argu-
ment Mr.. Rayuer, Captain Parker and Mr..
Teague of counsel for Admiral Schley were
busily engaged in taking notes, while Ad-
m1ral Schley was very attentive listener.
lhere was not very large assemblage in
the court room at this time. Mr. Hanna
proceeded very deliberately and in a clear
voice stated his case.
He spoke of the trip of the flying squadron
from Charleston to Key West, and said
that on that trip it made a speed of twelve
knots 1t had been said in the course of
the testimony that the Massachusetts at
one time signaled the impra cticability Of
maintaining this speed, but Commander
was made when the flagship was making
more than twelve knots, and the signal
was to bring that fact to the atten-
ton of the flagship. He spoke of the orders
given the flying squadron to proceed to
Clenfuegos as rapidly as possible and es-
tablish a blockade. which, the order stated.
should be maintained as closely as possi-
BILE.
The Run to Cienfuegos.
''The flying squadron he said, '1eft Kew
West about o'clock on the date of that
order May 10. 1t arrived at Cienfuegos to
establish blockade there at o'clock on
the morning of the 22d of May. making a
run of about three days and two hours It
does not appear that this was an expedi-
foil
squadron left Key West on the 10th, the
following day, some twenty-six hours after
the flying squadron, and went by Way of
Havana instead of directly to Cienfuegos
and arrived at the latter place at i 30
o'clock on the 22d, making as will be noted,
much better time"
Mr.. Hanna referred to the stops and the
slow speed that had been made by the
flying squadron between Key West and
Cienfuegos.
Meeting McCalIa.
He then referred to the signals that had
been established at Cienfuegos by Captain
McCalla to communicate with the insur-
gents, and said that when Captain McCalla
in the Marblehead passed the flying squad
ron he supposed that Commodore SchIey
was bound for the Caribbean sea in search
of the Spanish fleet, and did not know that
H. A., -