The Oskaloosa herald., 1901-10-17

hCI, AuullIdl OCul6y CnleI COunStl,
which The latter resented. Mr.. Rayner
had attempted to introduce a state
ment prepared in regard to the speed
of the vessels of the flying squadron
and Capt. Lemly objected, saying that
some of the statements of Mr.. Rayner
were inaccurate. To this Mr.. Rayner
responded: IF counsel makes that
statement outside of court it is false"
Before the court adjourned an ex-
PLANTATION was made on both sides
which Admiral Dewey said was salts.
factory.
The Evidence in Brief.
When Capt Chadwick took the stand Mr..
Rayner formally addressed the court, re-
questing permission to ask the witness
two questions, which he outlined. He
called attention to his question put to Capt.
Chadwick Friday concerning a telegram
of congratulation which Admiral Sampson
had sent to Comm odore Schley on May q.
He had asked the witness If he remembered
that message and the witness had replied
that he did remember it very well, and
adding: Because l protested against his
congratulations" Mr. Rayner said that
this last expression was purely voluntary
on Capt. Chadwicks part and was not nee
essary in response to the inquiry. The
questions which he stated to the court we:S
as follows
"First.-When did you first learn of the
existence Of dispatch Number S?''
"Second.-Did you then, in protesting
against the sending of this congratulatory
dispatch, refer to his blockade of Glen
fuegos in dispatch Number S?'
Admiral Dewey stated the court had no
objection to the questions and Capt. Lem
ly said he would not object, provided he
could cross-examine on the points raised.
Mr.. Rayner did not cOncede this right, but
before the point was decided Mr.. Rayner
asked his first question as previously given
to the court. After reading the dispatch
in question the witness said:
IL was informed of its purport at the
time it was sent TO the MaFblehead.
Did you see 1t when it was sent to the
Marblehead?"
Il did not read it,"
"When did you first read it?"
Il did not read the original dispatch I'M
til the answer was received from Com
modore Schley, brought by the Hawk"
WAS not that on May 26, when.your ship
was al a point between Havana and Cape
Francis, in the vicinity Of Cape Pedras?"
Yes"
Did you have the blockade of Clenfuegos
in mind when you protested against the
sending of the congratulatory dispatch?"
May I ask if you mean had that only
in mind?"
Il do not mean that. I mean whether
you had it in mind at all"
Il can say l had it partially"
Tears Up Written Answer.
After Mr. Rayner had formally asked
his second question, Capt. Chadwick Of
fered a written reply, but Mr.. Rayner OBJ
jected, saying: Il must first read what he
10 VIZ hot 10 nfrybt
be something very Objectionable. Suppose
he did protest. How does that affect the
case? What we wanted Is the congratu-
latOTy dispatch. Now he brings in some
thing entirely different If the witness in
answer to my second question says yes
or no I won't object, but If he says any
thing else I would like to have the oppor-
tunity- of seeing what he has written"
Capt. Chadwick then tore up his written
reply and answered verbally: II had 1t
partly in mind
stanton on the Stand.
Capt. Chadwick was then excused and
Lieutenant Commander Sidney A. Staun-
ton was called. Before the witness took
his seat Judge Advocate Lemly asked and
received permission 10 put in as evidence
Admiral Simpsons official report made al
Guantanamo Bay, August 3, 1898.
Lieutenant Commander StauntOn related
the particulars of his securing information
of the presence of CerVeTa's feet at San
tlago, at Key West on the Goth, while the
fleet under Admiral Sampson was there.
He then stated that on the next morn
ing, May q, the feet proceeded to the
blockade of Havana, admiral Sa mpson be-
ing satisfied that the information concern
ing the presence of the fleet at Santiago
was correct. The admiral accordingly had
called up the Hawk and forwarded his dis
patches to Commodore Schley.
arrlNr tsTTa11 h.a f,,I1
what source the information was received
concerning the arrival of Cervera's feet
in Santiago. l would like you to Identify
the dispatch put into cipher at that time,
TO which you refer"
THE dispatch l referred to as having
been drawn up by Capt Chadwick in my
presence is the dispatch known as the
memorandum that accompanied dispatch
Number s."
Can you give me any subsequent dis
patches or memorandum that passed be-
tween Admiral Sampson and Commodore
SchIey In reference to the Spanish squad
ron being at Santiago?"
Il do not think I can refer you to any.
After Admiral Sampson heard that the
fleet of Commodore Schley had not left
Cienfuegos, in other words, after he got
a reply from the commander of the flying
squadron, he sent the Wasp, | think about
May 20, to CISnruegos with an additional
dispatch, but she, OF course, did not arrive
there VI til Commodore Schley had left for
Santiago, and l do not remember what
those dispatches were"
SIMPSONS Dispatch.
After further effort on Mr.. Rayners part
to elicit information as to correspondence
between the two commanders and ObieC-
ton on the part of Mr.. Hanna to bringing
IN dispatches which had no immediate
bearing upon Commodore Schley's con-
duct Mr.. Rayner said there was no COM
munication between them between May q
and May p. He then quoted the dispatch
of May 2 as the first positive knowledge
conveyed to Commodore Schley of the
presence Of the fleet at Santiago. This
dispatch was as follows:
United States Flagship New York, st.
Nicholas Channel May q, lS9S.-Sir: Every
report, and particularly daily confidential
reports received al Key West from Havana.
state Spanish squadron has been In San
uago de Cuba from the 18th to the 18th
instant inclusive, the 25th being the date
of the last report received. You will please
proceed with all possible dispatch to San
uago to blockade that port. If on arrival
there you receive positive information of
the Spanish ships having left, you will
follow them In pursuit. Very respectfully,
w. 7. Sampson"
When 1t Reached SchIey.
Mr.. Hanna: What is the first positive
order?'
Mr.. Rayner: MAY q"
Mr.. Hanna: Did he receive It on the
2th?"
Mr., Rayner: HE never received 1t on the
9th (after being prompted by Admiral
Schley). He got 1t on June 10"
Mr., Hanna: How Is II possible then he
can be affected by an order after all that
lapse Of timer"
Mr., Rayner: THAT is just what we want
to prove, that he had no orders except
those contained in dispatches Numbers 7