The Washington times., 1901-11-08
THE CRITICISMS TO STAND.
Court Declines to ExpunEe Refer
ences to Sampson From Records.

Admiral Dewey yesterday declined TO
grant the request of L. S. Theall, Of coun-
sci for Rear Admiral Sampson, to have
certain remarks of Rear Admiral Schiey :
counsel regarding Sampson stricken from
the record of The Court of Enquiry.
Mr. Thealrs letter. which was received
by Admiral Dewey after the Court ad-
journed yesterday, is as follows:
Washington. u. c., Nov. 6, 1901.
Admiral George Dewey l. ;. Navy,
President Naval Court of Enquiry
Washington. u. C.:
Sir. y, huc fully cognzant Of ana abid-
ing by the decision of the Court that Rear
Admiral W. 7. Sampson. L. 5. n, is not
a party interested, and that notice viii be
given the admiral when the Court so con-
SiucrS him, / have the honor to make the
following request on behalf of the admi-
Argument by counsel being matters of
record in the case and receiving wide cir
cGlation with the public, it is respectfully
submitted that argument by counsel upon
matters regarding any official acts of Ad-
miral Sampson which he has not been
permitted to defend. and which the Court
by an expressed ruling has excluded from
the evidence in the case, IS cminently inn
proper and it is respectfully requested
that the statement made by counsel for
Admiral Schley In argument yesterday at
the close OF the afternoon session. to the
effect that Admiral Sampson permitted the
Spanish cruiser Colon to lie in sight with
out attack in the Harbor of Santiago,
Cuba. from the time of his arrival on June
/. 1898, to about 1885 a. m. of that day, be
either stricken from the record in the case
or evidence be introduced by which Ad-
miral Sampson may be permitted to de-
fend such grave accusation involving
his honor as a naval officer.
1t Is further most earnestly and most
respectfully requested that counsel in th1
future lie restricted to the evidence ad-
duced as regards the official acts of Ad-
miral Sampson, and not be permitted to
include these mrtters expressly ruled ont
by the Court and which the admiral has
net been permitted to defend. thereby
preventing a manifest injustice. and the
Introduction of accusations against the
admiral in the record by indirect means.
which WAS deemed improper by the Court
by direct means.
Il enclose my authority for addressing
this request to this honorable Court
l am, sir, very respectfully.
''E. S. THEALL."
Admiral Dewey's reply follows:
Court of Enquiry, Navy Yard.
Nv ashington. Nov 5 l9Ul
Sir: The Court is in recent of your let
ttrof this date inviting attention to certain
remarks relative TO Rear Admiral Sarnn-
son contained in the argument OF one of
the counsel for Rear Admiral SchleV viz
That the former named officer permit
ed the Colon to lie in sight without at
tack in the Harbor of Santiago from the
time of his arrival on June !. 1898 until
about 1913 n. m, of that day, anI ask
ing Jhdt these remarks be stricken from
the record or that evidence be introduced
by which Admiral Sampson may be per
mitted to defend such grave accusation
involving his honor as a naval officer. etc.
In reply You are advised that after
careful consideration OF this matter the
Court declines to grant your request
Very respectfully,
GEORGE DEWEY,
Admiral L. s. Navy,
President of the Court.
To Elisha S. TheaN. Of counsel for Rear
Admiral Sampson, Washington. d. G."