Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1901-11-08
ARGUMENT is HEARD.
The Taking of Evidence by Schley
Court Is Ended.
Mr.. Hanna, Assistant to the Judge
Advocate General, Begins the
Argument-Insists Charges
Are Proven.

Washington, Nov. 5.-Two new wit
nesses were before the Schley court
of inquiry Monday, and both of them
were called in the interest of Admiral
Schley. They were Frank B. Richards
and George Lynch, both of whom
went through the Cuban campaign as
newspaper correspondents. Mr.. Rich
ards was on the press boat Premier
and testified concerning the interview
with Capt. Sigsbee, while the latter
was in command of the st. Paul off
Santiago in May, 1898. Mr.. Lynch
was on the Somers N. Smith, and was
called to relate his recollection of
Capt. Sigsbee's communication to
that boat, concerning which Photog-
rapher Hare and Correspondent Sco-
vii already have testified.
Capt. Lemly objected to the intro
duction of their evidence on the
ground that Commodore Schley was
not present during the conversation;
also that it was not material to the
issue. Capt. Lemly referred to the
ruling of the court regarding the
Potts-Sears conversation which had
Dtttl put anu 'ho' eh'S
was exactly a parallel case.
Mr.. Rayner contended that this al
legged conversation with Capt. Sigsbee
is one of the vital points of the case
and the court retired to consider the
point raised.
The court was absent but short
time. When it returned Admiral
! Dewey announced that "as the testi-
mony of this witness is not consid-
| cred by the court as material to the
case, the objection is sustained in
accordance with the courts previous
ruling"
When the court came after recess
Admiral Dewey handed to Capt. Lem
! ly and the latter read the following
| announcement:
1.-The court states that while II has ad-
! mitted to its record document presented
by counsel for the applicant, which was
issued to the applicant by the president
, of the United States, on August 10, 1898. the
court does not recognize such document
! as the commission under which the appli-
cant holds his present office in the navy"
Immediately after the reading of this
statement. the argument in the case was
begun. Mr.. f. p. Hanna assistant to Judge
| Advocate Lemly opening for the govern
ment. MT. hanna began MS presentation
| of the case by saying that In what he should
say in his proposed summary he would like
to accomplish two objects. The first of
these would be to make his address brief
and terse, and the second to present care
/ full and exhaustive citation of the evidence
| adduced. These two purposes he con-
fessed were somewhat conflicting. Never
theless he would do the best he could to
accomplish them. He would, he said take
up the clauses of the precept and present
lsn III. A. -ea,-
in which they appear in the precept. He
| then began by referring to the fact that in
May, 1898. the coast of the United States
was menaced by the Spanish fleet. This
/ he said was a critical time. The seaboard
| cities were exposed to attack. Military
| operations were pending for the relief of
| Havana, but they could not be carried out
| while the whereabouts of the Spanish fleet
| was unknown.
Mr.. Hanna told of the arrival of the fly
| ing squadron at Key West and read num-
| ber of preliminary orders to Commodore
| Schley. Speaking of the run of the flying
| squadron from Key West to Cienfuegos
| Mr.. Hanna claimed that the trip was not
| made as eXpeditiously as possible.
| Continuing Mr.. Hanna related the par
| ticulars of the. meeting between Commo-
| dore Schley and Capt. McCalla as the for
| mer was on his way to Cienfuegos, and that
| although the burden of calling for infor-
nation was based upon the senior officer,
yet 1t was in evidence that the commodore
| did not request anything from Capt. Nc
Gala.
Mr. Hanna also referred to the arrival
| at Cieufuegos, speaking of the reports of
| guns heard by Admiral Schley and of the
meeting with the British steamer Adula.
Mr.. Hanna then read the order of Ad-
miral Sampson to Commodore Schley dat ed
| May 10, 1898, directing the latter to take
steps to prevent the enemy from continu-
ing work on the new fortifications at Glen
eft does not annear.h continued
| Mr.. Hanna, that any steps were taken to
| prevent work on these new fortifications."
He discussed the question of McCalla's
signal code for communication with the
Cuban insurgents on the shore at Glen
| fuegos at some length. He said that while
| Capt. Cook had stated that the lights pro-
vided for in that code first appeared on May
%, Admiral Schley had stated that they
were not visible until the night of the 23d
Other witnesses had placed the date at the
| pod. This Mr. Hanna said he considered
| an important point, for If the lights were
| seen on the 22d the circumstance, connect
| ed with the McCalla memoranda would
| have rendered it incumbent upon the COM
modore to investigate them.
Mr.. Hanna called attention to Admiral
| Schley's statement made In his letter
| to the senate that he did not know of the
| presence of the insurgents in the vicinity
| of Cienfuegos until the arrival of Capt. Nc
Gala May "a but he called attention to the
| fact that 1t was admitted that the McCalla
| memoranda giving this information had
| been received on the 23d. In this connection
| he referred to the admirals letter to the
senate in a general way. Recalling the
| fact that he had said that he did not have
| his papers before him when he wrote the
| document, and Mr.. Hanna said this cir
| cumstance must be accepted as accountir 6
| for "a number of material statements
which do not correspond with the facts"
| He then stated that while the government
| held that the McCalla memoranda had been
! received on May 20. but this he said had not
| been sufficiently established to place 1t be-
| yond dispute; hence no argument could be
| made on that basis. He contended that
| Admiral Schley should himself have taken
| the initiative In ascertalning the presence
| or absence of insurgents without waiting
| for signals from anyone.
Mr.. Hanna had not completed his argu-
aar,I tbot, h1 a di1.. Ter. tIns