The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-13

board and / remember his Instructions We
To proceed with all speed until ne met IN
Nesuvius and transmit the dispatch To her.
as she was a faster vessel. As 10 whether
No. was inclosed with this, was not
secretary and did not inclOse II.
When did the Hawk leave?'
she left the Havana blockade some gls-
lance west OF Havana about dusk on My
y. probably about half-past o..
Then you received this information on
May -, at half-past 5 in the morning, and
the Hawk left at dusk, May ~
THAT IS correct"
The witness said in reply to questions
that the memoranda beginning The IN
closed instructions will reach you had not
been sent by the Iowa. as the dispatch Was
dated May q. and the Iowa had left on the
day previous.
Mr.. Rayner-Was not the Hawk the first
vessel that carried that memorandum?
THE CONFIRMATORY DISPATCH.
''To the best Of my knowledge. the Hawk
was the first and only vessel that carried
that memorandum" replied the witness.
The Hawk left on May p and the first
information you had was about half-past
8 or . o'clock on the 10Th. When did YOU
get this second c-onfrmatOry information
you speak of"
Il got it on shore at Key West about I
o'clock on the evening of May %"
Then the conhrmatory dispatch, as 1
understand it. was received some twenty
four hours before the Hawk left with this
memorandum TO Commodore Schley. Is
that right?"
Yes, at Key West; and the Hawk was
sent from Havana"
can you give me any subsequent dis
patches or memorandum that passed be-
tween Admiral Sampson and Commodore
Schley in reference TO the Spanish squad
ron being at Santiago
II do not think l can refer you to any"
After further effort on Nj. Rayner's part
70 elicit as TO correspondence
afuraa the NO nnnnnnnn1arc and nhiaRtinn
on the part Of Mr.. Hanna TO bringing IN
dispatches which had no immediate bearing
upon Commodore Schley's conduct, Mr..
Rayner said there was no communication
between them between May Il and May y.
He then quoted the dispatch Of May II as
the first positive knowledge cOnveye to
Commodore Schley of the presence of the
feet at Santiago. This dispatch, which was
dated United States flagship New York,
St. Nicholas channel, May Il, 1898" follows:
~'Sir-EVery report, and particularly daily
confidential reports. received at Key West
from Havana state Spanish squadron has
been in Santiago de Cuba from the 18th to
the 18th instant, inclusive, the 18th being
tire date of tie last report received. You
will pleace proceed with all possible dis
patch to Santiago 10 blockade that port. If,
on arrival there, you receive positive in
formation of the Spanish ships having left.
spectfully, W. T. SAMPSON"
Mr.. Hanna-What is the first positive
Mr.. Rayner-May 27.
Mr.. Hanna-Did he receive it on the 9th?
Mr.. Rayner-He never received 1T on the
9th cater being prOmpte by Admiral
Schley.) He got it on June 10.
Mr.. Hanna-HOw is it possible, then, he
can be affected by an order after all that
lapse of time?
Mr.. Rayner-That is just what we want
TO prove. that he had no orders except
those contained in dispatches Nos Z and s..
ADMITTED AS EVIDENCE.
Mr.. Rayner then repeated his desire to
offer the dispatch of May q in evidence,
and after a colloquy between Mr.. Rayner
and Judge Advocate Lemly Mr.. Hanna re-
marked that there was no objection to put
ting it in except that it was obviously in
tended TO reflect on a person who is not
under inquiry"
To this Mr.. Rayner responded that it was
not intended to reflect on any one, but that
it was intended Ito prevent a reflection on
Commodore Schley.'
IL was decided that the dispatch was al
ready in evidence, and Mr.. Hanna took the
witness for redirect examination. He be-
gan by asking II he knew the reason for
the lapse of five or six days between the
sending of dispatches by the Hawk and the
Wasp. To this inquiry Mr.. Rayner OBJ
jecteG. and there was quite a spirited ar
gument on the part OF counsel on both
sides as to the admissibility Of the ques-
ton. The incident was closed by the with
draWal OF the question.
At this stage of the proceedings Captain
Lemly introduced as a part Of the record
two letters from Commodore Schley TO Adj
miral Sampson, both dated May %, 1898. the
first saying that he was by no means salts
fled that the Spanish squadron was not at
CienfuegOs. and the second telling of the
information he had received through the
British steamer Adula. He said that he
presented them because they bear upon this
matter of the receipt of dispatches.
A somewhat exciting incident here arose
between Judge Advocate Lemly and Mr..
Rayner. When Lieutenant Commander
SCauntOn was excused MIR. Rayner asked
leave 10 present as evidence a supplement
tary chart prepared by Lieutenant Dyson,
Of the Bureau OF Steam Engineering, show
ing the speed Of the vessels of the flying
squadron. Captain Lemly objected on the
ground that this evidence was not pertinent
at this stage Of the proceedings.
Mr.. Rayner replied that IL had been
agreed between counsel that it should be
fore the testimony got too far away from
the evidence bearing upon the coal supply.
Captain Lemly said he had a witness pres
ent and wished 10 proceed with the taking
of verbal testimony.
Admiral Dewey-What objection is there?
Captain Lemly-I do not think il is the
time to do il, sir.
Admiral Dewey-The witness can come
down Monday. Unless there is some rea-
son why il should not go in now il is a
courtesy due TO the counsel What objec-
ton is there? We want to know the OBJ
lection.
TILT BETWEEN COUNSEL.
Mr.. Rayner here undertook TO read a
statement accompanying the chart, when
Captain Lemly, rising. addressed the court,
saying with reference 10 MIR. Rayner: HE
is not accurate in his statements, if the
court pleases. On the contrary, he is very
inaccurate. He holds a paper before him
and reads What is not on that paper. He
has repeatedly done it,"
There was a ripple Of laughter through
and some persons inside the railing Joined
did not accept the remark as intended to
be good natured. His face was flushed
when he replied. which he did without ris-
ing. saying: If he states that outside the
court L will say it is false
Captain Iemly-If he states that outside
he states il IN the court it is highly i'm
proper.
While counsel were still talking back and
forth at each other Admiral Dewey arose
and administered the oath TO the next wit
ness. Lieut.. Nathan G. Twining. formerly
OF the battleship Iowa, who had been wait
ing to be called. while the coIloquy was I'm
progress. Lieutenant Twining's testimony
covered points already brought out as TO
the siege of Cienfuegos and the lombard
ment of the CristObal Colon in the harbor
at Santiago on May u.
When Lieutenant Twining had concluded
and the court was about TO adjourn Mr.
said: Il would like to call the attention
Of the court TO what | consider a very
disagreeable attack from the Judge advo-
cate. 1 have conducted myself with the
utmost degree of courtesy and politeness.
II has not occurred once, but over and
-. - g.