Waterbury Democrat., 1901-09-28
o.-'sWas anything further said on nA s,,Inincf crninn tn Sanfia0nY'

Q.-"WaS anything Iurlner saiu oA that subject going to Santiago!
 Al do not remember that any thing was then said in reply to my sug- gestion. Shortly after the admiral said: This is a matter I will have to decide myself and you may return to your ship"
 Q.-"Did the commodore say any thing to you at that time to indicate whether it was his intention to go on that evening or on the next dayF
 A.-''Nothing."
 In reply to further questions, Cap tain McCalla said that no effort had been made while he was with the hy- ing squadron off CienfuegoS to prevent the Spaniards from continuing the con- struction of earthworks, which he nad been ordered to do. He said the Mar blehead could have gone within range of their works. and that he had been told by q Cuban pilot that the water was deep under the bluffs. Captain AIcCalla said that the squadron had not proceeded with ''all dispatch to Santiago"
 After telling of the cruise from Cien- fuegOs to Santiago. of the arrival off that city. and of the retrograde move ment towards Key West. the witness was asked if the Marblehead could have c0aled on the afternoon and the evening of May 2G. when the flying squadron arrived off Santiago. He re- piled in the affirmative. but said that he had not considered the vessel in need of coal. He also said in reply to questions that he had not been at any time anxious or apprehensive concern ing the coal supply of the Marblehead. He had. he said. coaled on the night of the 21th. at first by boats with bags, but after daylight on the 2Sth his yes Sel had gone alongside the collier. The reason why this had not been done in the beginning. he said. was that he mad been aDprehensive of iniuring the guns of the Marblehead in the dark, the weather conditions having nothing to do with the precautiOn. Captain Me Gala said he had told Admiral Schley he could coal without difficulty at Cape Haytien. In reply to an explicit ques- ton the witness said that with q collier present he could not have anticipated any difficulty in remaining off Santiago for considerable time.
 In response to questions he next told briefly about the bombardment of the Cristobal Colon on May 31. When asked what had been left undone to accomplish the destruction of that yes sel. he replied that Admiral Schley had failed to use his entire force in mak- ing the attack.
 Mir Hanna inquired if this was an important omission.
 Captain Parker. on behalf of Ad- mliral Schley, objected.
 The objection was sustained by Ad- miral Dewey, with the remark that ''such questions should not be asked 1 4Io of
 Captain Parker was about to pro- ceed with further remarks whereupon Admiral Dewey asked him to desist, saying: We will adjourn now; we can take all day tomorrow for that"
 At the afternoon session of the court, while Admiral Sampson's rela- tion to the campaign was indirectly under discussion in connection with q magazine article by the admiral, w II. Stayton, attorney-at-law of New York city, sent to the court note from Ad- miral Sampson requesting that coun- sel be allowed to appear before the court in his behalf. Lieutenant Hood was at that time on the stand, and 10 immediate reply was made to the re- quest. Mir Stayton, who was present in the room, then approached Admiral Dewey to remind him of the request. The admiral told him that a reply would be made to his letter and asked him to remain outside the railing in closing the court.
 When Lieutenant Hood had closed Judge Advocate Lemly. by direction of the court. read Admiral Sampson's let ter. which was as follows:
 .'Brockhaven, Lake Sunapee, N. IT..
 Sept 9, 1901.
 "Sir: I respectfully request that Messrs Stayton and Campbell be per mitted to appear before the court of inquiry as my counsel to represent my interests"
 Addressing the court the judge ad- vocate said:
 .'If the court please. the precept in the third clause from he-bottom says: Rear Admiral Schley has been :n- formed of his right to he present there in person or by counsel during the in vestigatiOn to cross examine witnesses and to offer evidence before the court should he so desire. The court may at any time grant to others interested and entitled thereto like privileges I have only to say that I have not considered and 1 still think that Admiral Samp- son is not party to this inquiry. The matter is one within the discretion of the court"
 Admiral Dewey responded: ''The court decides that they cannot ap- pear"
 Before the court adjourned the fol lowing reply 10 Admiral Sampson's let ter was read and copy of it handed to MT Stayton:
 "Admiral: I am to-day in receipt, through W. H. Stayton. of your letter of the 9th inst. requesting that Messrs Stayton and Campbell be permitted to appear before the court of inquiry as your counsel to represent your inter- ests- In reply you are advised that the court does not at this time Agard you as party to the case now before it, and, therefore, is unable to comply with your request.
 'Very respectfully.
 GEORGE DEWEY.
 4 d.