The Washington times., 1901-09-05
DETERMINED TO TESTIFY.
Bampson to Be a Witness at tie
Schley Court of Enquiry.
The AdmirnPs Wife Says That Her
Husband Is Rapidly Gaining in
Strength-To Read His Testimony
Preparing the Preliminary Work.

The Admtrnfs Nite shNs ihsit ffes
Husband Is Rapidly Gaining in
Strength-To Read His Testimony
Preparing the Preliminary Work
Captain Lemly. the judge advocate
of the Schley Court of Enquiry, is in re-
ceipt of a letter from Mrs. Sampson, the
wife of Rear Admiral Sampson, which
gives the assurance that her husband will
come to Washington. and be present to
give testimony before the Schley Court
of Enquiry
While the letter is of a personal char
acter, and therefore the text of it can
not with discretion be made public, 1t
is known that Mrs. Sampson is very
much encouraged over the condition OF
her husband and the marked improve
ment which has been manifest since he
has been at Lake Surapee. II is under
stood that she states in her communlca-
tion that Admiral Sampson is gaining IN
strength. and that he will come to Wash
ington prepared to give his testimony in
regard to the Santiago campaign, and
with particular reference to SchIeys part
in 1t before the court
Sampson is. in fact. as was stated in
The Times yesterday. very desirous OF
being present He is anxious to confirm
the statement contained in his despatch
written on July 10. 1898. addressed to My
Dear Mr. Secretary" in which he stated
that Schley's conduct was "reprehensi-
BILE"
With the assurance said to be contain
ed in this letter, the belief is daily grow
ing that Sampson WILL after all that
has been said, respond when his name is
called to take the witness stand. 1t is
probable. however. that he will read his
testimony, and that the manuscript Will
he prepared by his attorneys and his
friends. from the records and from what
they assume to know of his story OF the
campaign. He cannot, however, read his
answers to the questions submitted 10
him upon cross-examination. and 1t is
here that his friends fear a collapse.
A decision has not yet been reached as
to who will be called as the first witness
after the court is organized and ready to
hear testimony. There has been some
talk to the effect that Schley would be
called, but Il is said that this could not
be done With any degree of propriety
The precept is in the nature of an indict-
ment against Schley, and it would be man
ifestly unjust as well as ridiculous to
ask him to give his testimony denying the
allegations before he hears the evidence
brought out to substantiate the charges.
In the case of an enquiry over the
grounding of a vessel, 1t is the practice
TO first call her commander, and after he
makes his statement of the circumstances
to ask him il he has any charges to make
against any of his subordinates. His sub
ordinates are at the conclusion of their
respective statements also given an op-
portunity to make any allegations against
the commander
This CUSTOM however. may not be fol-
lowed in the case of Schley, but should ii
be Sampson would be called first. as he
was the commander-in-chief of the squad
ron A great deal in this regard will de-
pend upon the decision of the court. II
will have the right of calling for the tes-
timony of eny witness at any time dur
ing the progress of the proceedings. As
rule, however, the effort will be to prove
the several charges as they are set forth
in the precept.
Some officers will be in a position to give
evidence in regard to nearly all of the
charges, while others will be called to
substantiate only one; but, generally
speaking, those witnesses who have
knowledge concerning the first charges
will be called first. The court has a wide
latitude and decision in all matters per-
tanning to the introduction OF evidence
and the conduct of the case, and it will
not be called 10 follow the set rules of
practice laid down in civil or criminal
case.
1t is understood that counsel for Admir-
al Schley have asked to be given oppor-
tunity to conduct preliminary eXamina-
tion of the witnesses who are to be called
in his behalf. This privilege will be grant
ed to them, and as he asks to have wit
nesses brought here for conference. they
will be ordered to Washington. As yet
none has been summoned, however.
Captain Lemly is disposed to allow the
opposing counsel all the privileges which
he enjoys In this respect. 1t is probable
that several of Schleys witnesses will
be brought to Washington at once to
enable his attorneys to examine them
before they go upon the stand.
Schley will ask that one or two civilian
witnesses be brought here from Cuba TO
testify in his behalf. 1t is said that one
of them has already been summoned, and
will be here at the opening of the court.
His name is not dIvulged.
Mr.. Hackett yesterday asked Schley's
counsel TO specify the order In which il
was desired to examine the witnesses TO
obviate the embarrassment OF having
them all brought to Washington at the
same time, thus making 1t necessary to
duties until their turn came to be con-
suited by Admiral Schley and his attor-
neys. Judge Advocate Lemly is following
the plan. Such witnesses as he desires
TO interrogate before the court meets are
called to Washington for particular days
and when their examination has been
concluded, return to their stations to
nwait formal summons from the Court
of Enquiry.