The age-herald., 1901-09-28
from the Dupont during the nights of May % and May 2S?''

from the Dupont during the nights or May 22 and May 23?'
 "No, sir.
 Mir. Hanna objected to MT. Rayners method of questioning and decidedly to his characterization of Captain Harber s testimony as wrong, when Captain liar Der had said distinctly that he only spoke from his best recollection.
 '"This" he said, lis an indirect impeach- ment of the witness"
 Mir. Rayner again insisted that he had only intended to bring out the facts.
 MT Hanna asked what steps had been taken while the flying squadron was off Cienfuegos to ascertain if the Spanish fleet was inside the harbor there.
 None that I know of,'' was the re- sponse.
 Was there any effort to destroy the shore batteries?'
 The witness replied that he know of none.
 He said, replying to another question by MT. Raynor that vessels inside the harbor could not have been discerned from the outside
 Lieutenant Wood was then dismissed and as he was leaving the court room, MT. Hanna took occasion 10 say, q will make an announcement while we are waiting There has been introduced be- fore the court question of the correct ness of the identity of a certain very important dispatch sent by the Harvard, May 27, from off Santiago oy the com mander of the Flying squadron. It ap- pears that from the process of transla- tion from the Commander-in-Ch Chief down that some change in the language of the dispatch occurred. I do not want at this moment to interrupt the proceedings on that point, ydC I merely make the announcement here that we do intend k- 4.-A- f,,11, a.I completely. as the court may desire be- fore we Leave it."
 Lieutenant Hood Called.
 Lieutenant John Hood, wl4o during the war commanded the Hawke was the next witness He said that on May 23 he had delivered dispatches from Ad- iniral Sampson to Admiral Schley when the latter was off Cienfuegos. He re- lated that he had been called aboard the New York-Admiral Sampson's flagship on May 21 when the officers on board were preparing dispatches. He spoke of the presence of Admiral Sampson.
 Mir Rayner objected to the converse tion or verbal orders, saying that the orders would speak for themselves and must necessarily superceue any verbatim instances. The question was argued at some length by MT. Rayner and Captain Lemley. In closing his response the Judge Advocate said:
 An objection of this character Is al- most equivalent to withdrawing the re- quest for an investigation. He has asked to have the judgment of his brother officers in this matter. Let us have 1t and do not put technical obsta- cles In the way of having the investiga- tion.''
 MT. Rayner responded briefly: q only desire to state that while this is our in vestigation those are your specldcations under the precept We asked for this investigation and instead of letting us give the precept under which we would like to have made the inquiry, you form a precept of your own. Here is an ap- plicant who asks Tor a court of inquiry under specifications framed by ot.-ers and not by himself"
 Court Sustained Objection.
 The court retired to consider the ob- jection, remaining out longer than on any previous occasion. Admiral Dewey read the courts decision as follows:
 'The court sustains the objection of counsel so far as it relates to a conver- sation that took place on board of the New York. but this ruling does not apply to any verbal orders which the comman- der-in-chief directed witness to com municate to Admiral Schley."
 Replying to a question put in accord ance with this decision, the witness said that his instructions were contained in the memorandum handed to him to be de- livered to Admiral Schley which was read to him.
 The witness then read dispatch No. from Sampson to Schley of May 21, tell ing the latter that the Spanish squadron was probably at Santiago. He also read the Brooklyn's receipt memorandum showing that this dispatch as well as the accompanying memorandum had been re- ceived at S:15 a. m, May 23d The wit ness identified these as the orders he car ried. He also said that he had carried two other envelopes one containing or ders from the department and the other a memorandum which had not been read to him. He said he had arrived off Cien- 'fuegos at a. m.. May 23, ana had gone aboard the Brooklyn for the purpose of delivering the dispatches.
 Conversation With Schley.
 In response to a request from the judge advocate, Lieutenant Hood related the conversation he had had with Admiral Schley after delivering the orders, say ing that he the witness) had told the admiral that 1t was Admiral Sampson's wish that the flying squadron should proceed immediately to Santiago. as his information was very positive His state ment was as follows:
 Commodore Schley read the dispatch and then turning to me said: Captain, Admiral Sampson wishes me to go to Santiago. I cannot do it. I told Commo- dore Schley that the admiral certainly expected the squadron to leave the in- stant I arrived Commodore Schley then said in nearly these words: I am not at all satisfied that the Spaniards are not at Cienfuegos. Besides, my ships all want coal.' He said that the Massachusetts, Texas and the Brooklyn wanted so many tons of coal, and that the day before Sampson had sent him down the Iowa with only half her coal supply, so that she could not go anywhere; that it was useless to send such ships down there only half filled with coal.
 "1 told Commodore Schley that I had passed a collier conveyed by a gunboat only little before daylight that morn ing and 1t would certainly be there with at least four or five thousand tons of coal within two or three hours. He referred again to his belief of the Spaniards being in Cienfuegos and stated that he had heard some firing about forty miles from port which he took to be a welcome to the Spanish squadron, and he believed they were there.
 Sampson Does Not Understand.
 "I said to Commodore Schley then that he considered as definite, he had no doubt, but that the Spanish squadron was at Santiago. Commodore Schley then said