Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-10-03


the entrance to the harbor, and cav
what no described as military masts OF
vessels irside. hut he said nothing OF
this impol tant and somewhat startling
fact to Schley.
The only other witness whose stats
ments approached Importance was
Lieut.. Spencer Il. Wood, who com-
manded the torpedoboat du Point during
tho war. Heit was who took the dis
patches from Sampson to hey West
three days after the latter knew the
Spanish fleet had gone into Santiago,
these dispatches instructing Schley TO
stay at Cienfusgos notwithstanding the
information. Lieut.. Wood is the gen
tleman currently regarded az having
known the code of signals agreed on
between the Cuban insurgents and our
forces, even bsfore Commander MoCalla
went to Cienfuegos in tho Marblehead,
and under orders from Schley made a
reconnaissance and discovered the mean
ing Of the three lights ranged on shore
every night.
1t is certain that Wood did not in
form Schley what the lights meant,
and yesterday on the witness stand he
said he did not know, and in fact never
did know, until it became matter OF
genert.l information. According TO his
account of the lights yesterday, he did
not attach much, il any, meaning TO
them. He said no had seen similar
lights every night on shore at Matanzas,
aud no particular Importance had been
attached to them. Woods testimony
was something of a surprise, but there
is no good ieason to doubt it, and what
he had to say was all to the advantage
of Schley.
Washington, Sept, 90. Yesterday %
session of the Schley Court of Inquiry
| was in some respects the most eventual
of the proceedings thus far. The prin-
cipal witness offered by the government
was CAPT. Bowman ii. MoCalla, the
hero OF the expedition to Pekin laei
summer, when the legations were be.
sieged by the Boxer mob. Capt. Mo
Gala was an impressive. witness. In 8
thoughtful aud dignifled manner hi
stated the facts OF his service where i
came 10 touch with the record of Ad
miral Schley during the operations a
Cienfuegos aud Santiago. There VIZ,
precision and care In every word h'
uttered, and it il not, perhaps, far from
the estimate of those who heard him t.
say that he was the most dangeruu
witness against Schley that has ye
been put on the stand. This was du
as much rs anything to the charaote
Of McUalla as an officer aud a fighting
man. At the close of his testimon
McCalla was asked, under one OF tn
regulations governing the conduct an
duty of naval officers in the rresence O
an enemy, what, il anything, was lei
undone by Schley that he should hav
done in the attempt to sink the Colon
lie was proceeding to answer this
, when the defence objected, and aske
, that several orders from Sampson an
, Secretary Long requiring Schley to es
! ercise all possible caution, not to expos
, his vessels to the fire of shore batterit
and not to engage these batteries fc
/ the present. After considerable dis
cussion 1t was agreed to combine the:
! orders with the regulation under whic
! the question was asked of the witness
lie said that Schley should have take
Q his whole feet into the action again
/ the Colon.
q McCalla was about to go on euun
o Grating other reasons why Schley failt
OF doing his whole duty, when the pr,
| ceedings we're Interrupted by the mo
4 dramatic incident of the day and
a the whole inquiry thus far. Cap
Stayton of the Nav York law firm
It Stayton & Barnes, was seen to advan
q within the bar, holding an official lett
in his hand, which he handed to A.
miral Dewey. The Admiral read Il
ia letter, and Stayton remained standil
/. After ain interval Admiral Dewey turn
Il to him and raid "rhere is no answer.
1t "May remain" asked Stayton.
"No," replied Admiral Dewey "y'
{. cannot. You can take a seat outsi
% the bar, but you must not remain here,
IN The letter was one from Aduii
T. Sampson TO Admiral Dewey as Pref
"a dsnt OF the court, telling him that N
10 Stayton was his counsel to represe
n. him before the court. Admiral Dew
at handed the letter over to Judge ADV
cate Lemly, and the three judges {
le tered into consultation.
Cnpt. Lemly then read the let
he aloud and said that he was opposed
az permitting Admiral Sampson to he rt
resented before the court by counsel
the reason that he was in no way
en- volved in the proceedings, and tn
as was no necessity for him to prot
he himself by counsel.
or Capt. Parker arose to say that the
fence had no objection to the ape
q. auoe of Stayton as counsel for San
son, but Capt. Lemly cut him
he CURLY, and the court promptly decit
that Mr.. Stayton could not appear
of counsel
er This attempt of Admiral Sampson
ais be represented by counsel Is regar,
we as emanating nut SO much from
Admiral as from the Bureau of Ma
cation, and the OCCASION OF it is
,ar fact that on four different occasions
,xt defence have asked questions VIII
he have drawn Sampson into the proce
raj ings, and then Withdrawn their u
he tions. While arguing their right to
ted these questions, the defence have M
he statements that are regarded by Sa
In. son g friends az abusive attacks on
ard as an officer and gentleman, and
ike insist that he should be represented
counsel to protect him, and resent
;ro. statements made by the defence at
,rs. Sampson.
for The court, under the preoept,
nm. full right to allow Stayton to appea
ms Sampson y counsel, and Capt Lei
by reading that part u the precept d
ing on the matter, admitted this. 4
OBJ 1t must appear that the court at
on stage Of the proceedings does not re
yey nize the necessity for making Sam
VS.: party to the trial. Just before
, of adjournment the answer of the &C
rsa in the from Of letter, addressed to
New miral Sampson, was read by the j
v to advocate. Ia this letter the court
ON opportunity to say that this proper
sses has not come when Admiral Sam
should be represented before the CT
Admiral Schley's lawyers were
aad than willing to .hnre Sampson's q