Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-11-06
IN DEFENSE 0F S|jHL[Y
Senior Counsel for the Admiral.
Rayner, Begins Argument
to the Court.
Makes an Eloquent Plea and Re-
views the Evidence in
Detail.
Counsel for Sampson Want Park.
er's Statement Stricken
From the Record.

Washington, Nov. 6.-The entire time
of the Schley court of inquiry today was
devoted to argument in Schley's behalf
after court convened Capt.
Parker proceeded with his address. He
took up discussion of the subject where
he left off yesterday, considering in
turn the reconnaissance of May 81, the
coaling question, battle of July 3, in
Guiding the loop of the Brooklyn. His
address this morning was comparative
ly brief. He was followed by Hon. Isl
began his speech with a discussion of
the second specification of the precept
relating to the circumstances attending
the movements of the flying squadron
off Cienfuegos and then proceeded to
consider very briefly the cruise from
Ciensuegos to Santiago. He passed
from these specifications to the sixth,
ard went from that to the end Of the
list before he returned to specification
one, reserving that and the fourth and
fifth specifications for the close of his
argument These latter specifications
related to the Santiago campaign and to
the charge of disobedience of orders.
The audience today was larger than
yesterday.
T.. S. Thrali. acting in behalf Of Stay
ton and Campbell, who were retained
by Sampson to look after the latter's in
terest before the court, today sent let
ter to the court of inquiry protesting
against the inclusion In the record of
certain statements deemed to reflect on
SIMPSONS conduct at Santiago. The
letter says in part:
1T 10 respectfully requested that a
statement made by counsel for Schley
in the argument yesteray at the close of
the afternoon session. to the effect that
Sampson permitted the Spanish cruiser
Colon to lie In sight without attacking
the harbor of Santiago, from the time of
his arrival June 1, 1898, to about 1926 a.
m. OF that day. be either stricken from
the record in the case, or evidence be
introduced by which Sampson may be
permitted to defend such a grave accu-
sation, involving his honor as a naval
officer"
Admiral Dewey announced privately
before the opening of court today there
would be no morning session Of the
court tomorrow. Mrs. Dewey has been
indisposed recently and the admiral will
devote the forenoon tomorrow to re-
moving her from her home in the SUI
burbs to their residence.
Capt. Parker maintained the block
ade of Santiago was effective. He de-
Tended Sch,ey's reconnaissance of May
81 saying, he had acted wisely IN de-
termining actual conditions. In this
line. he said Schley's conduct was par
allied by that OF Dewey in Asiatic wat
ers when the latter maintained for sew
eral days in Mrs Bay. Regarding the
loop made by the Brooklyn Parker de-
ciared it was the wisest movement that
could have been made. All talk about
the Brooklyn going to the southward
he characterized as "MooRshne. II
the Spanish gunners could have shot as
the Americans did" declared Parker,
"Schley, instead Of being on trial, as he
is today, would have been in sailors
grave" Referring to the Hodgson con-
trovesry, Parker said he really believed
Hodgson desired to tell the truth. but
unfortunately had told different story
every time he had opened his mouth.
Parker said he did not know how the
alleged controversy over the danger of
coliiding with the Texas arose, except
from the story which had been told by
the captain of the Iowa. The speaker
was very sarcastic in his allusion to
Evans alleged statement regarding the
damage he had done to the Spanish
ships. Parker concluded with a. glow
ing tribute to Schley.
Rayner began his argument at 11:25.
He paid a compliment to Judge Advo-
cate Lemly and his assistant Hanna for
the most judicial impartiality with
which they have managed the case.
of the questions from what was at that
time Schley's point of view. Let us, =
he said, put ourselves in his place and
see what the circumstances were. We
al know now what would have been
wise to do" Discussing the dispatch
known as the Dear Schley'' letter, Ray
ner contended that the order conveyed
IL tha. message made it incumbent upon
Schley to remain at Cienfuegos. He de-
clared this was the key to the whole
case. that it did not admit of any other
construction than that Schley should
remain at Cienfuegos. Rayner, in sup
port of this contention, read the depart
ments orders to Sampson directing him
OF notify Schley by the Iowa to proceed
off Santiago Sampson instead of trans
hitting the order and reinforcing 1t, had
reconstructed it, with directions to
Schley to remain off Cienfuegos on the
ground that holding that port would Of
fer the best chance of capturing or de-
stroying the Spanish fleet. This modi-
fication of the departments orders by
Sampson had been followed by an order
directing him IF satisfied the fleet was
not in Cienfuegos to proceed,
but cautiously. to Santiago. In
this connection Rayner dis
cussed the McCalla memorandum
which he said never had been intended
for Schley. but for the commander-in-
chief at Key West. The memorandum
contained not a word about the means
Of communicating With the insurgents.
1t is the order upon which the counsel
on the other side had laid 50 much
stress. He said he did not permit
Schley to leave until satisfied that the
Spanish fleet was not in Cienfuegos.
It had reached Schler as sanns,on be-