The daily morning journal and courier., 1901-09-28
CAPTAIN M'CALLA TESTIFIES
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 ship, on May 21, when the officers on board were preparing dispatches He spoke of the presence of Admiral Sampson. MT Rayner objected to the Introduction of conversation of verbal orders, saying that the orders would speak for themselves, and must neces- sarily sEpersede any verbal instruc- tions. Replying to question put in accordance with this decision the wit ness said that his instructions were contained :n the memorandum handed him to be delivered to Commodore Schley. which were read to him.
 The witness then read dispatch No. from Sampson to Schley of May 21, telling the latter that the Spanish squadron was probably at Santiago. He also read the Brooklyn's receipt memorandum, showing that this dis patch as well as the accompanying memorandum had been received at S:15 a. m. on May 23. The witness identi- fled these as the orders he had carried. He also said that he had carried two other envelopes, one containing orders from the department and the other a memorandum which had not been read to him. He said he had arrived off Cienfuegos at a. m on May 23, and had gone aboard the Brooklyn for the purpose of delivering the dispatches.
 In response to a request from the judge advocate, Lieutenant Hood re- lated the conversation he had had with Commodore Schley after delivering the orders. saying that he had told the commodore that it was Admiral Samp- sons wish that the flying squadron should proceed immediately to San tiago as his information was very pos itive. His statement was as follows:
 Commodore Schley read the dis patches, and then, turning to me, said: Captain, Admiral Sampson wishes me to go to Santiago. I cannot do it. l told Commodore Schley that the ad- miral certainly expected the squadron to leave the instant I arrived. Com modore Schley then said, in nearly these words: I am not at all satisfied that the Spaniards are not here in Cienfuegos. Besides, my ships all want coap that the Massachusetts, Texas, and the Brooklyn wanted to many tons of coal, and that the day before Captain Sampson had sent him down the Iowa WlLH OIly Ildll HSI CURL Supply, SO IiaI she could not go anywhere; that 1t was useless to send ships down there only half filled with coal. I told Commodore Schley that I had passed a collier con- voyed by a gunboat only little before daylight that morning, and it would certainly be there with at least four or five thousand tons of coal Within two or three horus. He referred again to his belief of the Spaniards being in Cienfuegos, and stated that he had heard some firing about forty miles from port, which he took to be vel come to the Spanish squadron; he had also seen some smoke which he con- ceived to be the Spanish squadron, and he believed they were there. I said to Commodore Schley then that the infor- mation which the admiral had he con- sidered definite; he had no doubt but that the Spanish squadron was at San tiago. Commodore schley then said to me: Captain Sampson does not un derstand He is not on the spot and cannot judge I also informed Com modore Sch1ey that they certainly ex pected the squadron to leave immedi- ately, and that I had verbal orders rom the cOmulHnueT-lH-CHle WHICH uiu not appear in my written orders to re- main with the Hawk alone at Cienfue- gos after the squadron had left and conduct blockade for day or two or as long as my coal supply lasted
 Under crosse examination Lieutenant Hood said that to the best of his be- | lief he delivered his dispatches to Con- modore Schley In his (Schley's) cabin, but it might be that he had handed them to Lieutenant Welles, and had walked down to the cabin with him. He thought there was no one in the | cabin when the conversation between himself and the commodore had taken place.
 MT Rayner was proceeding to ques- tlon the witness concerning his conver- sation with Admiral Sampson when Admiral SchleyGlean over and warn ed him that this conversation had been ruled out. MT. Rayner then changed his hne of questioning.
 He said: T want to ask you wheth- er in this conversation with Commodore Schley upon this occasion he did not HHAII nREM AND EOCl