The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-28

~CienfuegOs to prevent the SpaniardS from
continuing the construction of earthworkS,
which he had been ordered to do. He saiu
the Marblehead could have gone within
range of their works, and that he had been
told by a Cuban pilot that the water was
deep under the pIutts. captain AcCalia
all dispatch to Santiago"
After telling of the cruise from CienfuegoS
10 Santiago, of the arrival off that city
and Of the retrograde movement toward
Key West, the witness was asked If the
Marblehead could have cOaled on the after
noon and evening OF May 70, when the fly
ing squadron arrived off Santiago. He re-
piled I'm the affirmative, but said he had
not considered the vessel in need of coal.
FIRING ON THE COLON.
In response to questions he next related
briefly the bombardment of the Cristobal
Colon. on May 81. When asked what had
been left undone to accomplish the destruc-
ton of that vessel he replied that Admiral
Schley had failed to use his entire force
in making the attack.
Mr.. Hanna inquired if this was an impor-
tant omission. Captain Parker. on behalf
of Admiral Schley, objected. The Objec-
ton was sustained by Admiral Dewey, he
remarking that "such questions should not
be asked under the ruling of the court
Captain Parker was about to proceed
with further remarks, whereupon Admiral
Dewey asked him to desist. saying: we
Will adjourn now; we can take all day to-
morrow for that"
Accordingly, at 4 o'clock, the. court ad-
journed.
During the afternoon session of the
court, while Admiral SIMPSONS relation
to the campaign was indirectly under dis
cuSSion in connection with a magazine
article by the admiral. Mr.. w. H. .Stayton,
attOrney-at-law of New York city, sent to
the court a note from Admiral Sampson
requesting that counsel be allowed to ap-
pear before the court in his behalf. Lieu
tenant Hood was at that time on the stand.
and no immediate reply was made to his
request. Mr.. Stayton, who was present in
the room, then approached Admiral Dewey
to remind him of the request. The admiral
told him that a reply would be made TO mis-
letter, and asked him to remain outside
the railing inclosing the court.
When Lieutenant Hood had concluded
Judge Advocate Lemly, by direction OF
the court. read Admiral SIMPSONS letter.
written at Brook Haven. Lake Sunapee,
y. H., under date of Sept. 9. and addressed
10 Admiral Dewey, as follows:
Sir respectfully request tina Messrs.
Stayton and Campbell be permitted to APP
pear before the court of inquiry as my
counsel 10 represent my interests
Addressing the court the judge advocate
said: II the court please the precept in
the third clause from the bottom saws:
Rear Admiral Schley has been in
formed of his right to be present there i'm
person or by counsel during the investiga-
ton To c~rOSS-eXamlne witnesses and to
offer evidence before the court should he
so desire. The court may at any time
grant TO others interested and entitled
there to like privileges
Il have only TO say that L have not con-
sidered and L still think that Admiral
Sampson Is not a party TO this inquiry.
The matter is one within the discretion
of the court
Admiral Dewey responded: The court
decides that they cannot appear"
Before the court adjourned a formal reply
10 Admiral SIMPSONS letter was read and
a copy of il handed to Mr.. Stayton.
After the court adjourned Mr.. Stayton
said tomorrow he would again renew his
request TO be allowed to appear i'm Admiral
SIMPSONS behalf. He added that the con-
tinued references TO Admiral Sampson
were offensive and should be properly met.
He further stated that he did not regard
favorably efforts on the part Of the Judge
advocate TO prevent exploitation OF Ad-
miral SIMPSONS part In the war. He
thought il better to bring the matter in
and meet the questions squarely.