New-York tribune., 1901-11-08


ar-tnd &c = eanarate communication the memo
rn,;trn order On page Of the appendix ana ms
confirms Mr. Hoods testimony that at that tn-e @
Admiral Sampson regarded it as pTacucal Ger =
talnty that the Spanish squadron was at Sahl'aSo'
FAILURE TO COMMt-NTCATE WITH CUBANs
Ffoth of counse! appear. he said. TO ignore the
very important parts OF the McCala memorandnfh
The latter part shows clearly Commander NC
Calais communication with the insurgents ana
their intimate acquaintance with matters IN the
CITY Captain Lerlly contenCed that this memo
randun was delivered to Commodore Schley on
May g and he charged the commodore with lal-
ure to attempt direct cOmmunica ton Win 'he III
surgents after its receipt.
Speaking of dispatch No =. the Ebear 0SiieS
letter he said:
Mr. Rayner argued at length 10 show that order
No. order to remain AT Clenfuesos- lili9
ended otherwfse Msunderstandinss may have
should be santiago" That word. however was
not in connection with any order to go there, and
remain at Cienfuegos Senior counsel has asked
how the additional copy of No got 10 Commodore
most most clearly BY the Iowa What did commander
Rodgers deliver If not the second copy of No. :.
since he esties the delivery of dspa tches? And
while there papers among Admiral Schiey's
correspondence bearing the receiving mark of the
No a. in Mr. WeIls's handwriting. are admittedly
in error
Speaking of the assertion that while off Glen
fuegos Captain McCalla had made effort to com
muncate with the Cuban insurgents. Captain Lem
ly said:
There is evidence Of the fruitless attempt 20
Parker speaks of. Both of counsel cite McCalla s
conduct in this instance as a criterion for Com
with the insurgents But when Commander Nc
Commodore schIey there, there was the addi-
tonal question as TO the wherea bouts OF the Span
isrds
CAPTAIN SIGSBEE'S INFORMATION
Referring to the information given Commodore
bV he ComrnOdOre'S
rival off Santiago. May 26. Captain Lemly said
II reported to him. agreed by Captain Sigs-
bee and the Commodore that nothing had been
seen OF the Spanish feet Continuing this point,
tie said
Some Of the scouts had been off Santiago since
May p. This information OF Sigsbee's then,
meant that If the Spanish squadron had been there
in the first place. il had left The dispat tches
viii clearly show that there was doubt as TO
the spaniards having been at santiago the only
left.
prcant been otherwise advised by Captain stgsbee,
or had he been in any way advised by captain
grade movement: but both of these officers testify
that when they came up with the Flying Squadron
the retrograde movement was already begun, and
Sigsbee has testified that the questions principally
Whereabouts of the spanish feet. but the question
fxed in the Commodore's mind 1t is likely that
at Santiago would now be construed by counsel in
the same manner in which they appear TO have re-
TO the proximity of the Texas: in other words it
might now be construed as an unseemly protest
AS TO DIsOBEDIENCE OF ORDERS.
AS TO the question OF disobedience of orders
said Captain Lemly, counsel has properly stated
that a report that orders would be disobeyed does
constitute disobedience. Commodore Schley's
conduct is being scrutinized in the light OF the
facts and not alone In the light OF the statements
which he made concerning his intentions. Counsel
has cited the disobedence OF Nelson; but at Copen
Nelson Gsobeyed
enemy. The applicants disobedience. If proved,
will be shown be in delaying IN bringing him
self into the presence Of the enemy.
Counsel have found themselves in the uufortu-
position of being obliged attack the testi-
mony Of many witnesses. AS to these witnesses
whose testimony has been assailed. either directly
indirectly. I do deem il necessary say
anything in their behalf They all officers OF
the navy in good standing. and the court has had
full opportunity TO observe their manner the
stand. The principal crime that has been in terms
laid against any OF them IS their youth. and this
they will eventually outgrow. It may be said that
they range In years between thirty and forty-seven
All OF them therefore eligible in such qualiaca
tions. to election the United States Senate
Moreover. they compare for more than
favorably in this respect with the witnesses called
for the applicant and that precocious child Of
kindergarten. Mr. Rayner has designated Lieu
tenant Commander Potts, is forty-six years OF age
and has more than thirty years service"
THE HODGsON CONTROVERSY.
Captain Lemly. referring the Hodgson incident
and Mr. Rayners statement that in Anne
Arundel County. Md. it customary to the
word damn as Admiral Schley had been re-
ported using it. sautation. remarked:
While, as stated by MI Rayner, it may be the
expression is usually regarded good form in
letter writing everywhere.
Speaking of the alleged colloquy on the Brook
lyn, in the battle. Captain Lemly said:
As to the testimony upon the point whether this
we have Hodgson's sworn stafement before this
court. his statement in the investigation before
Captain Chadwick and his several letters to the
accuracy OF the newspaper report as printed.
Speaking of his own connection with the case
Captain Lemly said
With the conclusion Of the very brief address
with which shall close the argument in this in
quiry principal connection with it ceases, and
add that while my duties here have been arduous
and necessarily somewh hat painful, l am proud TO
have been associated with this distinguished court
which is to pass upon one Of the most important
questions ever considered by naval court-a ques-
ceedings, between the applicant and the morale OF
n Of the f do1rf G hsd in mind d advee given
me by the Secretary of the Navy, soon after my
Admiral schley asks for court of inquiry. A
perfectly impartial court is constituted The Judge
(and their duty in this respect is planb IN court to
bring the facts and aid the court in declaring
the truth.
l have endeavored to follow this advice without
fear favor. If / have appeared to fail In main
tanning that impartial attitude which 1 feel and
have always felt toward the applicant II is because
aggression. however natural on the part Of earnest
counsel, begets aggression, and for the further
reason that in many instances throughout the in
vestigation honest difference of opinion has
PEELED be earnestly contentious in order to
adduce what | believed to be material facts
deem 1t Inappropriate that should here remark
the Navy Department in this matter has main
tained entirely neutral attitude; that have not
been interfered with by it in my conduct OF the
case; that. the record demonstrates. there has
been no alteration of the departments records
that officers duty even IN the much abused
Bureau of Navigation have freely testified in behalf
Of the applicant. and ] confident that the evi-
addlced fully justified the views of the de-