The daily morning journal and courier., 1901-11-08
SCHLBY INQUIRY AT AN END
(Continued from First Page.)

(Continued from First Page.)
 seat opposite the president of the tribu-
 nal, began to read He said at the out
 set that his plan contemplated, first a
 response to criticisms of Admiral
 Schley's counsel, and then a presenta-
 tion of the subject in hand on an inde-
 pendent basis. He requested to be
 corrected if he should make any errors
 of fact.
 Taking up the case with the testimo-
 ny concerning the interview between
 Admiral Sampson and Commodore
 Schley, off Key West before the cruise
 to Cienfuegos. he said:
 Senior counsel has indicated to the
 court certain considerations which
 should be taken into account in giving
 relative weights to the testimony of
 Captain Chadwick and the applicant,
 relative to the subject matter of the conversation between Admiral Sampson and Commodore Schley at Key West,
 May 19. In connection with this, the latter's statements about this matter, madelat other times, should be regard ed, and particularly his statement to
 
 and the consideration that at this time neither Admir- Sampson nor Commo- dore Schley nor Captain Chadwick had any notion the Spanish ships would go to Santiago.
 "I ask the court to apply to the appli- cant as witness the well known rule referred to with so much fervor by senior counsel, that where two wit nesses testify with regard to the same matter and one of them remembers and the other merely does not remember s the circumstances of the matter, or let us say the conversation, the evidence of him who remembers must be ac- cepted. If this be done then there Is little left of the evidence given before this court by the applicant, particular ly upon his cross examination"
 "Commodore Schley has testified" said Captain Lemly, that he consult ed Commodore Remey at the naval base, Key West, May IS, and at that item the latter had information as to the movements of the Spaniards. So had Admiral Sampson on the 18th. And for what, if not to meet the enemy's fleet, was Commodore Schley sent to Cienfuegos? Not because he expected to find them already in there, as the order No. and Admiral Schley's tes- timony will clearly show. It was sim ply expected that the Spaniards would endeavor to reach Cienfuegos and not that they were there"
 Referring to MT. Rayner's statement that when the report of the Spaniards being at Santiago was confirmed noth- ing was done to inform Commodore Schley of this until the Hawk was sent on the afternoon of May 21, Cap tain Lemley said the Marblehead was sent at a. m of May 21 with the des- patch Mo- 8. Tt is true, he added, that this copy did not reach Commo- dore schley until the 24th When Hood on the Hawk was sent on the afternoon of the 21st he carried as separate communication the memorandum order on page 466 of the appendix and this confirms MT Hoods testimony that at that time Admiral Sampson regarded as a practical certainty that the Span- ish squadron was at Santiago.
 Both of counsel appear, he said to ignore the very important parts of the McCalla memorandum. The latter part shows clearly Commodore McCalla's communication with the insurgents and their intimate acquaintance with mat ters in the city. Captain Lemly con- tended that this memorandum was de- lvered to Commodore Schley May g, and he charged the commodore with failure to attempt direct communica- ton with the insurgents after its re- ceipt."
 Speaking of dispatch No. z, the Dear Schley" letter, he said MT. Rayner ar gued at length to show that order No. 7 was an order to remain at Cienfue- gos. This we do absolutely grant and we have never contended otherwise. Misunderstanding may have arisen as to our contention that certain word should be Santiago That word, how- ever, was not in connection with any order to go there and the order Is fully | as being an order to remain at Cienfuegos. Senior counsel has ask | ed how the addition copy of No. got to | Commodore Schley We reply that we believe it got to him most clearly bv | the Iowa. What did Commander Rog- ITS deliver if not the second copy of l No. z, since he testified to the delivery 1 If dispatches and which there are no papers among Admiral Schley's corre- spondence bearing the receiving mark If the 33d The receiving marks on the packs of letters No. in MT. Wells are admittedly in error"
 Speaking of the assertion that while ,ff Cienfuegos Captain McCalIa had made no effort to communicate with he Cuban insurgents, Captain Lemly ;aid::
 "There is no evidence of the fruitless attempt to communicate with the in urgents which Captain Parker speaks