The age-herald., 1901-09-24
SCHLEY'S ATTORNEYS ARGUE THAT SIMPSONS NAME MUST
 BE BROUGHT ACKNOWLEDGEMENT
Continued from First Page.)


 of May the same character of blockade so far as distances are concerned that Admiral Sampson maintained from the day he got there on the 1st of June until the day of battle? We propose to prove that on June 1 the Colon was in precisely the same position inside the harbor that she was on the 31st of May, when Ad- miral Schley made the reconnaissance with the Massachusetts and the New Dr. leans. Now, we propose to show that when Admiral Sampson came up his ships saw the Colon in the same position and instead of attacking it, steamed by and permitted her to go further inside the harbor. Now would not Schley be jus tifed in not engaging In battle with the Colon and the shore batteries at Santiago if Admiral Sampson took the same course?"
 The judge advocate at this point inter- posed an objection. He said:
 ''If the court pleases, I object to this line of argument It makes no difference what any one else did This is not an h. quiry between Admiral Sampson and Ad miral Schley It is a question between Admiral Schley and the moral of the ser vice, and these comparisons have abso- lutely no bearing on it, either In evidence or argument, and I object to this ingenius attempt to extend the scope of this pre- cept."
 MT. Raynor: This is an important point wttt us, and we are prepared with the authorities to maintain 1t. l am not doing this ingeniously but very frankly. notwithstanding the strenuous efforts of the learned judge advocate to keep Ad- miral Sampson out of this case, he can't keep him out. I wish to be understood as not saying one word in derogation of Admiral Sampson, nor to censure him, but to show the court that what we did was under the orders of Admiral Samp- son, and that he did precisely the same things we did I do not think Addressing Judge Advocate Lemley) you have any right to interrupt me in an argument"
 Has Right to Interrupt.
 The judge advocate: "I want to say here, then, that as an officer of this court when I think there is an improper argument, I deem 1t my duty at any time to interrupt, and the court must rule up- on the fact as to wether l am right or not"
 Mir Raynor: "I have not concluded. The court cannot be decid until I have concluded. We propose to prove that when Admiral Schley withdrew from the reconnaissance aginst the Colon and did not come in contaS with the shore bat teries he did 1t under a general regula- tion of the navy, which required 1t of him, and that Admiral Sampson passed by the Colon at thirty minutes after 6 o'clock on June Il. and saw her lying there, and never pretended to attack. Do you mean that we have not any right to justify our conduct and our actions by the conduct and actions of the comman- der-in-chief?"
 You will find thaty ou cannot keep Sampson out of this. You cannot keep him constructively from the presence of this court. You may actually but not con- StruCtiVely. It Is impOSSible."
 MT Raynor further said:
 'I will say that if we are to be exclud- ed now we are to be excluded in all our testimony. If Admiral Schley comes on the stand and we ask the question, Were you on your station on July 3?' and he says, I was there because Admiral Samp- son put me there. are we to be prevent ed from asking that question because we are putting Admiral Sampson into the controversy"
 Judge Advocate-That did not say"
 After some further sparring, MT. Ray nor withdrew the question, saying Judge Wilson wanted to, argue 1t before the court, and did not wish to take it up at this time. Judge Wilson said:
 Judge Wilson.
 "The reason do not care to precpitate this argument until have fully consider ed 1t and until some point Is reached In the case where the court must pass upon the whole question I may just as well indicate here first as last what I regard to be some of the important features of this case Of course your honors know we propose to show, and I propose to show beyond all question, that Admiral Sampson, from the first to last, was not in this fight at all and therefore Admiral Schley had thrust upon him the responsi bility of this battle, but I am not going to argue 1t now. So I venture to suggest hot xnfhA pFn fA rurtfxaa hn knows something about these things and we ask him a question that will develop something In regard to 1t, if the court then deems it proper then that will be the best time to argue 1t, and if it suits the convenience of the court and my friend on the other side and my associates I prefer to take 1t up then"
 The judge advocate: That is perfectly satisfactory"
 On redirect examination Commander Heilner said that regardless of the chart he still adhered to the opinion that the Brooklyn was only 100 or 15o yards dis tance from the Texas when the loop was made. He said that as a member of the board which prepared the chart. he had consented to the distance as shown by it in order to reconcile differences of the present members of the board.
 Commander Heilner was excused at 3:30 p. m.
 Commander Harber was recalled and Captain Phillips reports of the Santiago campaign were oered as evidence
 MT. Raynor read from the report of Captain Philips reports of the Santiago campaign were oered as evidence.
 Mir Raynor read fom the report of Captain Philip to show that the Texas had been only four miles out when Com mander Harber had said that the dis tance was 2 or 8 miles. Captain Harber said. however. that he did not desire to modify his testimony.
 Court adjourned at ( o'clock.