The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-10-29

At this point Mr. Rsynor. address
ing himself 20 Captain Iemly. said he
did not want to object to this line of
questioning. but there was no speci-
ficatiOn which called fol it.
i wish to submit TO the judge adj
said, that here is a section of the
naval regulations which says: He
shall if possible, before going into ac-
ton, supply every captain with plan
of battle, and assign thereon the posi-
ton each shall occupy. There is no
specification here that he has disobeyed
any regulation of the navy. 1 am con-
fident that if he had diSObeyed them
they would have been in the specifica-
ton because they include almost every
. thing in relation to the whole contro-
versy.
Il do not see the word Written in
struction in any of Them / suppose
there must be some discretion left to
a man in command of a fleet Adj
miral Schley could not supply a plan
of battle at Key West or Cienfuegos
that took place before Santiago. When
was the time to supply it2 He could
not supply it on July ,. He had no
right to supply it, There was not a
moment of time between June l and
July that he had right to supply
any plan of action. That is the point
/ wish to make. Naval regulations of
/ doubtful import and ambiguous phras-
eOlOSN are Drought IN mere
Order of Battle.
| Mr.. Raynor said that the question
of naval regulations had not been
| brought to the attention of Admiral
! Schley; that they had no opportunity
/ to go into it. L think" he said, that
/ Follow the flag is an order of battle
How often has the signal Follow the
/ flag been given? The only signal Mel
son ever gave at Trafalgar was that
England expects every man to do his
duty"
Captain LemIy asked Mr.. Raynor il
he was combining himself to July in
regard to the plan of battle.
What ORDER asked Mr.. Raynor
could Admiral Schley have given be
tween June 1 and July 3?'
He was going out to meet the en-
envy" said Captain Lemly. land We
contend that under those circum
| stances he should have had a pre-
scribed alternative order of battle
lTnis whole matter has gone RICH
through the entire proceedings, as t.
whether he had a prescribed order o
battle in writing and distributed t
the fleet under his command, and i
belongs to that clause of the precept
Conduct during the Santiago cam
paign. -
The court at this point of the dis
cussion retired for consultation. Upol
returning, Admiral Dewey stated thei
decision as follows:
1.-The court decides that all question
to be asked of the applicant shall b
confined to between May 10 and Jun
1, relating to the organization, man
agement and control of that squadron
when he was actually commandment
chief
Furnished to Captains.
The judge advocate then asked tn
| witness whether between the dates (
which the court had restricted the eN
animation he had. according to articl
271 of the regulations, furnished eac
= captain with a plan of battle
Verbally, yes"
But not in writing?"
Il did not think the regulations re
: quired it,
> Did you communicate to your car
r tains your confidential instruction
/ from Admiral Sampson not to expos
your ships to land batteries before tn
destruction of the Spanish fieet2"
5 4 did not, because I regarded thel
as confidential"
/ I'm your report you say that I'll
Iowa arrived off Cienfuegos May 2
L although she started a day later. Di
Y she not arrive only about five houl
o after the squadron
although we did not go in durin