The Minneapolis journal., 1901-10-10

washington, OcC. wv llllaIn II. stay
ton, the New York attorney who, some
time ago, asked to be allowed to repre-
sent Rear Admiral Sampson before the
Schley court of inquiry and whose re-
quest was denied by the court, to-day
presented the following letter to the
| court:
Navy Yard, Washington, Oct. 10, 1901
To Admiral George Dewey, U. s. ~, Presi-
dent Naval Board Of InQuiry-Sir: ! am in
| structed by Rear Admiral Sampson to ac-
| knowledge 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 to representation by
| counsel.
| Second-I am further instructed by the ad-
miral to ask whenever the circumstances
| arise which entile him to representa-
| tion you will permit our admission as coun-
! sci in his behalf
| Third-Mr rs Theall Of Washington, D. c.,
who is my assistant in this matter and my
| self, have been present in the courtroom
| nearly every day of the proceedings and one
| or both of us will endeavor to be present
| every day hereafter
Fourth-We have not had facilities which
would permit US to hear the proceedings, but
we have been furnished with copies Of the
| courts record and beg leave to refer respect
| fully to certain pages of that record, which
contain attacks upon Admiral Sampson.
| Fifth-Rear Admiral Schley, for instance,
was permitted to say (see page seven) that
| 1.-The principal parties to the present issue
are Rear Admirals Sampson and Schley."
| Sixth-Drect allegations have been made
/ against Admiral Sampson, and we ask the
court to refer to pages 152 to 166 OF the rec
| ord where counsel repeatedly accused Ad-
miral Sampson-irst, Of conducting block
ade with his vessels at distance as great
| as that which was selected by Admiral Schley
| for his blockade; and, second, Of permitting
| the Colon to remain for an indefinite time
| after his arrival in full sight Of his squad
ron without making an effort to destroy her.
| Seventh-On page % of the record, counsel
was allowed to declare that despite Admiral
Simpsons official report, in which he states
| that the battle Of July was fought under
! his command, a matter of fact Admiral
| Sampson did not command on that day, and
! an effort was made by counsel in yesterdays g
| proceedings to introduce into evidence sig
| nal made by Rear Admiral Sampson, which
/ counsel stated in his argument was intended
| to show that Rear Admiral Schley was COM
mander- chief at that battle. Surely these
| allegations involve the honor of naval Of
| ficer.
Eighth-The courts precept states that an
| officer who is interested may be permitted to
| appear and defend himself; and while we
| fully realize that Admiral Sampson is not
| party to the case, as the court stated in its
| letter of the 9th Of September, yet notice has
| been given that an effort will be made to de-
| prive him Of his honor and even of his honor
! and good name, and he is accused of per-
| mitting an enemy's vessel to lie undisturbed
1 nd oil OF
he holds dear is involved, and we ask you to
| decide merely that he is interested"
| Ninth-It is true that the attacks upon
Admiral Sampson have been made covertly
and under the name Of argument, but the
statements have been nevertheless public.
They have been given great currency and
| they are embodied in the record 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 INDUCED in, the question at issue has
/ been voluntarily withdrawn, after full oppor-
| tunity had been taken to accuse the admiral.
Tenth-Were we alone in our opinion that
| these arguments were improper we should
hesitate to make such statements; but the
| judicial officer of the court-the Judge advo-
cate-has repeatedly characterized these ar
| guments improper.
Eleventh-We Of course realize fully that
ties might be improperly used to cumber the
record and prolong the trial, but counsel are
entirely under the control of the court and
may always be suitably restricted
We therefore request that we now be per-
mitted to appear before the court and given
facilities which will enable us to hear
the procedure and be present to defend Rear
Admiral Sampson when counsel shall make
upon him attacks of the nature which they
already have deemed proper to make. Very
respectfully, William H. Slayton.
The Court Refuses.
Admiral Dewey, president of the court,
replied as follows:
The court has received and considered your
letter Of this date, in which you again re-
the court as counsel for Rear Admiral Samp-
son and given facilities which will enable
you to hear the procedure and to defend that
officer from attack If necessary. In reply
have to state that while. the precept conven-
ing this court gives 1t authority to permit
any person whom it may regard as concerned
in the investigation to be present for the pur-
pose Of cross examining witnesses and offer
ing evidence the court considers that Rear
Admiral Sampson Is not an interested party
in the case now before 1t, and is not there
fore, entitled to appear such either in per-
son or by counsel, and you are further in
formed that if circumstances arise which, in
the opinion of the court, render 1t necessary
for Admiral Sampson to be represented due
notice will be sent him.