The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-10-13

,a.nstisn by the Judge Advocate
which Admiral Dewey said should lie
s~.ussactery TO Doth Con,batants
Further Evidence mat News Of
Cecsras Arrival at santiago Was
sen, Promptly 10 schie,, and That he
qua No, start From ttenfutgcs tntn
M Heurs After Tie Received u-Cspt.
Chadwick Under Cress-E Samination.
N.sBIsoroS, Oct. i2.-Only one session
~ IN. schley Court Of Inquiry. lasting two
Aour,. was held to-day. and Will. the spec
.,o- who sat through II did not understand
much of the testimony that they heard.
,b.r wers entertained by an exciting coll
bouy between Mr.. Rayner, Admiral
schIey's senior counsel. and Capt. LemIy.
N. Judge Advocate Of tho court, In which
n. lie was virtually passed and an invita-
hon TO step outside ~as given. Several
sue- during the investigation Capt. L~mly
hs protested warmly against Statements
made by Mr.. Hayner. which the Judge
Advocate broadly intima ted were not In
accordance with the facts. and close oh
.-rver have been expecting tho open rup-
,ure tha, occurred to-day.
Asatement made by Mr. Rhyner brought
nom the Judge Advocate the assertion
that IL wa false. Mr.. Rayner responded
m kind. Both men were very angry and
renewed their quarrel after things had
quIe,ed down. but were suppressed tenn
porarily by Admiral Dewey Before tho
court adjourned, Mr.. Rayner called for an
elimination from the Judge Advocate and
got me which Admiral Dewey said should
he satisfactory 10 both Mr.. Rayner and
Admiral Schley Afterwsrd Mr.. Rhyner
and the Judge Advocate talked together
A. u nothing unpleasant had occurred
between them.
This outbreak Of ill-feeling came while
Lieutenant Commander Staunton. who had
hen Assistant Chief Of Stai to Admiral
sampson. was giving his testimony. lie
Wa in the stand for nearly the entire period
Of two hours th a. tho court was IN session.
He had been preceded by Capt Chadwick.
formerly Chief OF STAFF 10 Admiral Samp-
.on, to whom Mr. Rayner read two qu'S-
tons. His argument on why they should
he admitted brought Capt. lsmly TO ms
feet with a protest that tn. verbal explana-
ton Of the questions did not coincide with
the queries a they were written. This
WA the fr~t sound Of battle. but the real
conflict did not come until some time later.
Nr. Staunton told how the first definite
news thai Cervesa was at Santiago came
10 Admiral Sampson The witness Vas
told by Capt Allen Of the Army Sigual
Corps at hey Weet, on the morning u
May 20, isas. that he had a despatch irom
q telegraph operator In Havana that Ger
vera had entered Santiago harbor he
day before. Capt Allen said he eNp--rted
To get q confirmation from the same opera
tor that evening at 8 o'clock stanton re-
turned TO the New York. told Admira
Sampson. and at 0 O'Clock went hacS TO
Key West. where Capt. Allen Informed ham
that the confirmation had been received MI
RAyner pressed the witness for nformstion
a. 70 how soon, after Admiral SAMPSON
got the confirmation. he sent word 10 All
miral Schley 20 e. to Santiago. and MIR.
stanton explained that he VA not tho
AdmiraI's Secretary and did not know
positively. but, had seen the preparation
Of the memorandum from Sampson TO
schley. telling the latter TO Ieave Cp"n-
fi.eos for santiago before daylight on
MAY %, n the order reached him IN time,
and n II came after daylight to cunc-al
nus direction AZ much - possible and pro-
cced with all despatch, but cautiously. to
SAnttagO ana DlDFkhue NfFNfId
This memorandum. Mr. stanton was
sure. had gone 10y the Hawk, To- Who-s
commander, Lieut. Hood. Admiral Saiai-
sou had delivered IL of Havana at about
dusk on MAY 81. The fact, already IN
evidence. that orders telling Schlcy To go
20 Santiago II satisfied the spanish fleet
III. not at Gsnfuegos, we're delivered
70 the MArblehead NJ hey Wet NJ ; A NJ =.
or Nay 81, wa not again brough, Ia the
attention Of the court during Mr StaUntons
eyidenoe.
Mr.. RAyner brought OUT through tho
witness hat twenty-fuur hour had 'lai+'d
after the receipt Of the c~ontlrmatpry adj
wees before the Hawk started for Nicu-
fuesns with tho order ialso -eut by the
MArbleheadl and the additional meinoran-
dun mentioned II se+ined To BE- the
purpose Of Mr. RAsner 10 show hy THIS that
Admiral SAMPSON had been derclict In not
informing Commodore Schlcy sooner, some
thing that SIR Hanna. tho judge Advo-
Gates assistant. minated and got from
Mr. RAyner a response that he was merely
seeking 10 prevent any reflection ON ADJ
iniral Schl-Y
The Judge Advocate. although holding
tha, this line of inquiry war hot ptOl "r,
b~rauss Il did not G onns't Admiral Schley
With the -nding Of the dispatches. ald
not call attention to the fact, admitted 10y
Admiral Schley ia his statement to tic
Senate and confirmed hy evidence AZ the
inquiry. ,ha, the FLYING squadron renamed
at hey IVES, Tor thir ty-sir huar- after tie
order 20 60 10 Santiago was delivered To
schley Al Cicufuego- 10y the Hawk, hut ho
did introduce the answer 81 SChl"y tn Sainp-
son. written On the day that thc Hawk
arrived. tha' he AZ not satisfied that Ger
vera had gone to santiago and would coh-
tinuc 70 hold Genfuegos
Having shown practically bv the witness
that the ordcr and memorandum to- Schlry
we're not despatched Nv Samp-or by the
Hawk unui'senty- four hours after he knew
that Oervera was a. santiago. Nj sayicr
Presented n despatch sent bv Namp-''n
20 Srhlsy oh Nav "a. by IN" Wasp. insist
ma that Schl-v leave Cenfi"gos Tor IA"
lnrt where Cervera was then known to D..
~" cont~nfcd that, this fn-~-ace va ~"
hrs' definite order 10 Schl"y "a e. 60 san
Tag and announc~i that Admiral Nchl"y
~aif he Did not yet n upftl June 10. twelve