Evening star., 1901-11-07

flled by them standing Captain Hobson
who was in command of the Me~rimac c
when 1t was sunk in the channel at Sam
tiago, was among the spectators, he having
been present at all of the sessions of the
court since Admiral Schley went on the
stand as witness.
The Request Denied.
This morning Mr.. Elisha s. Theau. of
counsel for Rear Admiral Sampson, received
a letter from Admiral Dewey in response
to the communication he addressed to the
court yesterday. In replying to his COM
munication Admiral Dewey said:
The court is in receipt of your letter of
this date inviting attention to certain re-
marks relative to Rear Admiral Sampson
contained in the argument by one of the
counsel for Rear Admiral Schley, viz, that
the former named officer permitted the
Colon to lie in sight in the harbor of San
tlago from the time of his arrival on June
i. 1S9s, until about 1875 am. of that day,
and asking that these remarks be stricken
from the record. or that evidence be in
troduced by which Admiral Sampson may
be permitted to defend such a grave ac-
cusation involving his honor as naval
offer, etc.
In reply. you are advised that, after care
full consideration of this matter the court
declines to grant your request"
First Replies to Counsel.
The court began its session today very
promptly at . o'clock, and at that time
Admiral Schley, Mr.. Rayner. Capt. Parker
and Mr.. league of the admiral's counsel.
were all present and We're attentive listen
ers to the remarks of the judge advocate.
The judge advocate at once addressed the
court and read his argument, which had
been typewriter. He spoke in clear and
distinct tones.
The first half of the address was devoted
to consideration of points made by Nj.
Rayner and Capt. Parker in Admiral
Schley's behalf. and the latter half was a
general reviewing from the government
point of view of the evidence.
Referring to the testimony of Admiral
Schley and Capt. Chadwick concerning the
formers conversation with Admiral Samp-
son at Key West, Capt. Lemly said
Il ask the court to apply to the applicant
as witness the well-known rule referred
to with so much fervor by senior COUNSEL
that where two witnesses testify with re-
gard to 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-ex-
animation.
Commodore Schley has testified" said
Captain Lemly, further along in his ad-
dress, that he consulted Commodore Remey
at the naval base, Key West, May Is, and
at that time the latter had information as
to the movements of the Spaniards. So mad
Admiral Sampson on the 18th. And for
what, II not to meet the enemy's fleet was
Commodore Schley sent to Cienfuegos? Not
because he expected to find them already
In there, as the order No and Admiral
Schley's testimony will clearly show. 1t
was simply expected that the Spaniards
would endeavor to reach Cienfuegos, and
not that they were there
Referring to Mr.. Rayners statement that
when the of thp ar
Santiago was confirmed nothing was done
TO inform Commodore Schley of this until
the Hawk was sent the afternoon of
May 2l, Capt. Lemly said the Marblehead
was sent at am. of May 81 with the dis
patch No. 8. 1T is true" he added that
this copy did not reach Commodore Schley
until the 9th. When Hood, on the Hawk,
was sent on the afternoon of the Dist he
carried as separate communication the
memorandum order on page 466 of the ap-
pendix, and this confirms Mr.. Hoods testi-
mony that at that time Admiral Sampson
regarded IT as practical certainty that
the Spanish squadron was at Santiago"
Both of counsel appear, he said to ig-
more the very important parts of the Nc
Gala memorandum. THE latter part clear
ly showed" he said, Commander Mccall
las communication with the insurgents
and their intimate acquaintance with mat
ters In the city"
Capt Lemly contended that the McCalla
memorandum was delivered to Commodore
Schley May %. and he charged the COM
modore with failure to attempt to secure
direct communication with the insurgents 9
after its receipt.
Speaking of the charge of disobedience
Of orders. Capt. Lemly said: THE appli-
cant's disobedience, II proved, win be