The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-09-27


interrupt the proceedings by any dis
cussion of that point, but I shall mere
ly make the announcement here that
we intend to enter into that matter
very fully and completely that is to
say as fully and as completely as the
court may desire before we leave It =
Lieutenant John Hood, who during
the war commanded the Hawk, was the
next witness He said that on May %
he had delivered dispatches from Ad-
miral Sampson to Admiral Schley when
the latter was off Cienfuegos. He rela-
ted that he had been called aboard the
New York-Admiral Sampson's flagship
ON May q, when the officers on board
were preparing dispatches. He spoke of
the presence of Admiral Sampson Mr..
Rayner objected to the introduction Of
conversation or verbal orders, saying
that the orders would speak for them
selves and must necessarily supersede
any verbal Instructions. The question
was argued at some length by Mr. Ray
ner and Captain Iemley. 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 ask
ed to have the Judgment of his brother
officers in this matter. Let US have it
and don't put technical Instructions in
the way of having the investigation.
Mr.. Raynor responded briefly.
Il only desire to state that while this
is our investigation, these are your
specifications under the precept. We
asked for this investigation and instead
of letting us give the precept under
which we would like to have the in
quiry take place you form precept Of
your own. Here is an applicant who
asks for a court of inquiry under speci-
fications framed by others and not by
himself
The court retired to consider the OBJ
lection 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 conver-
sations that took place on board the
New York, but this ruling does not ap-
ply to any verbal orders which the
commander -in-chief directed witness to
convey to Commodore Schley."
Replying to a question put in accord
ance with this decision the witness said
that his instructions were contained in
the memorandum handed him to be de-
livered to Admiral Schley, which was
read to him. The witness then read dis
patch No. from Sampson to SchIey of
May 81 telling the latter that the Span
ish squadron was probably at Santiago.
He also read the Brooklyn's receipt
memorandum showing that the dis
patch as well as the accompanying
memorandum had been received at S:15
a. m, May %. The witness Identified
these as the orders he had carried. He
also said that he had carried two other
envelopes, one containing orders from
the department and the other a mem
orandun which had not been read to
him. He said he had arrived off Glen
fuegos s 2. M. May %, and had gone
aboard the Brooklyn for the purpose of
delivering the dispatches.
In response to a request from the
judge advocate, Lieutenant Hood re-
lated the conversation he had with Ad-
miral Schley after delivering the orders,
saying that he (the witness) had told
the admiral that it was Admiral Samp-
sons wish that the flying squadron
should proceed Immediately to Santiago
as his information was very positive
His statement was as follows:
Commodore Schley read the dis
patches and then turning to me- said:
Captain, Admiral Sampson wishes me
to go to Santiago. / can not do it,
I told Commodore Schley that the
admiral certainly expected the squa-
Commodore Schley then said in nearly
these words: I am not at all satisfied
that the Spaniards are not here in Glen
fuegos. Besides my ships all want coal.
that the Massachusetts, Texas and the
wanted so many tons OF coal
and that the day before Captain Samp-
son had sent him down the Iowa with
only half her coal supply SO that she
less to send ships down there only half
hl1ed with coal I told Commodore
Schley that had passed a collier con-
vOyed by a gunboat that morning and
it would certainly be there with foup
or five hundred tons of coal within two
or three hours. He referred to his be-
lief of the Spaniards being in Glen
fuegoS and stated that he had heard
some firing about 40 miles from port
which he took to be a welcome to the
Spanish squadron; he had also seen
some smoke which he conceived to be
the Spanish squadron and he believed
they were there. / said to Commodore
Schley then that the information which
the admiral had he considered as def
mite; he had no doubt that the Spanish
was at Santiago. Commodore
Schiey then said to me: Captain
Sampson does not understand. He is
not on the spot and can not judge
also informed Commodore SchIey that
they certainly expected the squadron
to leave Immediately and that I had
verbal orders from the commander-in-
chief which did not appear in my
written orders. to remain with the
Hawk alone at Cienfuegos after wthe
squadron had left and conduct a block
ade for day or two or as long as my
coal supply lasted"
Describe the commodore's manner
upon this occasion" said Captain Lem
ley.
The commodore was sitting in his
chair all the time I was talking to him
very quietly. He seemed to be very
much preplexed at what to do"
DO you remember whether there was
said about communication
with the insurgents2''
There was something said be me-"
In the CON modore's presence?"
mo, chief of STAFF on deck. The COM
modore was in the cabin
Can you state whether or not dur
ing the time you were in Cienfuegos
with the Hawk an effort was made to
with the insurgent Gu
bans ?"
ssThere was not
The witness then testified that the
steamer Adula, in passing had reported
to the Brooklyn that cable had been
received at Kingston on May IS. saying
that the Spanish squadron was in the
harbor at Santiago. Admiral Schley's
report of this occurrence was also read
as was his statement discrediting the
because he then believed
the squadron to be in Cienfuegos har-