The sun., 1901-11-08

in the moral code Of the service. and any
insinuations against an officer In that re-
gard must be met at once by a demand
for the fullest inquiry. Among, the Of
are Rear Admirals Charles s. Cotton and
bee and Bowman II. McCalla, Lieutenant
Commanders Templin. N. Potts. William,
n, II. Southerland. Alexander Grant and
Albon c, Hodgson, Leuts. John Hood
John II. Roys. These are only few whose
testimony In regard 20 statements made
by Admiral Schley has been denied by
him. A perlsal Of Admiral Schleys testi-
mony would discover many, othes In
nearly every case. however, Admiral schley
asserted that he believed the fault lay
with the memory Of the witness. So n,imer-
GUS We're these contradictions by Ad-
miral Schley that when he asked, on his
last appearance on the stand 10 be per-
the evidence OF Lieut. Roys. Capt. Lemly
observed that -he believed that Roys was
the only witness who hadn't been con-
tradicted' This brought an indignant
protest from Mr. Rayner.
CAPT. LEMLY's CLOSING ARGUMENT.
Capt. Lemy began his remarks by
inviting tho Court = attention to CERTAIN
matters contained in the argument Of both
Of counsel for the applicant. He explained
that as Iis argument was the last, he wanted
Admiral Schley's attorneys To correct any
errors OF fact into which he might fall
After asking the Court. with reference 70
the relative weight u be given To the testi.
mony Of Capt. Chadwick and Admiral
Schey In regard TO the conversation be-
tween Admiral Sainpson and Admiral
Schley at Key West on May 10. 1898, TO take
into consideration tho statenents TO the
Sen ate made by Admir- al Schley that neither
he, Sampson nor Chadwick han any notion
at that time that Cervera was at Santiago.
Capt. Lemly continued:
| ask the Court To apply TO the applicant
as a witness the well-known rule. referred
TO with no much fervor by the senior coun-
sci. that where two witnesses testify with
regard 20 the same matter, and one of them
remembers and the other merely does not
remember the circumstances OF the matter,
or let US say the conversation, the evidence
OF him who remembers must be accepted
II this be done. then there is little left OF
the evidence given before this court by
the applicant. particularly upon his cross
examination.
Junior counsel has stated that the Com
nander-in- Chief received a circular letter
In regard to attacks on batteries. and that
two notifications were received before
Schleys arrival at Key West. This was
not a circular letter but confidential letter.
The striking point, however, IL that counsel
for the applicant disagree on this point.
the first. not one OF these orders was re-
oeived before the 18th Of May, the day
when Commodore Schley arrived at Key
West
Mr.. Rayner saws that the Iowa made
faster time TO Genfuegos because she went
on the north coast, while Commodore
Schley encountered the Gulf Stream. But
the Iowas route was longer and Com
modore Schley had an opportunity 70
choose the route which would keep him out
of the strength OF the Gulf Stream, II such
route existed.
Regarding senior counsel's argument,
in regard TO the information carried by
the Scorpion TO Commodore Schley, it
is proper to state that that Information IL
precisely what was brought out by our
own witness, Mr. Holden, who was put
upon the stand and counsel informed OF
what he Holdcn) could testify to, concern-
ing Southerland's still floating megaphone
sCHLRYs INFORMATION REGARDING SPAN
IsH SHIPS.
Capt. Parker stated that Commodore
Schley had no information that the Spanish
squadron had arrived at and left Curacao.
This was not in evidence. The point has
not been raised In evidence. No one.
not even Admiral Schley has testified that
he did not have that Information.
Junior counsel also stated that when
Admiral Sampson got the Information that
on the i5th he proceeded 70 Key West for
coal That he received this information Ia
certain. But as 20 his return TO Key West
for coal, the evidence lies solely In the de-
second from bottom OF page 400
Of the Appendix received on the 10Th. IN
which tho Department directed that he
should return TO Key West. and there Is
neither there nor elsewhere mention OF
ooaling In this connection
Senior counsel has stated that when the
report OF the Spaniards being at Santiago
was confirmed nothing was done To INFORM
Schley OF this until the Hawk
was sent on the afternoon Of May 81 But
the Marblehead was sent al A! VI. OF MAY
u with the despatch No. :, When Hood
on the Hawk wa sent on the afternoon ui
the 2ist he carried A. separate commune
cation the memorandum order on page
400 Of the Appendix and this coniirns
Mr. Hooi's testimony that AT that tine
Admirsl Sampson regarded II az practlcal
Certainty thht the Spanish squadron was
~ Santiago. Attention H. invited 10 tie
second paragraph 81 tl.at memorandum,
from which Il will ls s--en that the only
doubt was az 20 whether the Spauiafds
" ould still H. a. santiago
Both ~ counsel appear 20 ignore very
import An' parts ~ the Mo'aila memor an
DUN. Capt Parker stated that II contained
no Information - inpoT'anc- eioelf A. ~
the landing plAno Tor troops Mr halnvr
il q word 90 Show that there we're any In
surgert- IN tho wcnity Bus th" latter
pat clsAriy shows. ainung oth"t tidngs,
Z omfuaIdef Mo- a4la's commune di4On Win
tie inrurgeut- and th'ir irtimals arqualnt-
alo. With malfrrs 90 thc "ty
pfsrAToH ~. 7.
Capt Parker. sI.akinE of Despatch No Z,
said ila' all dsulmrits atnong Admiral
kUiur,'u I,aIafs have marks ~ slYS slrn
ti.y we're ruU.lyoI. aud then read tlu
inaTss uu tl. bark - tho tsO onlH"s ~
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fro.-tuI uh tlis ggi ani ulAi tlsa u.ai -
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