The sun., 1901-11-06
ARGUMENT BY HANNA
What Counsel Has to Say In the
Schley Case.
VIEW OF RETROGRADE MOVE,
Speaker Declares That Evidence In
dfcates That the Flying Squadron
Was Fairly Well Equipped
with Coal May IT, 1S0s.

Cienfuegos to Santiago for the purpose
of showing that neither the Vixen nor
the Merrimac had been the cause of
the delay OH that voyage.
He then continued his discussion OF
the retrograde movement saying that
but one explanation had been given
for II in the admirals dlspatcl-name.
ly, the inadequacy of the coal supply.
"There is,' he said, mo suggestion of
any other reason In this dispatch. In
his testimony before this court Adj
miral Schley gave four reasons for
leaving his station off Santiago. but no
one OF these four reasons appears in
his telegraphic report made at tile
time"
Mr.. Hanna then took up specification
five of the precept relating to the cir
cumstances attending and the reasons
for the disobedicnce by Commodore
Schley of the orders of the department
contained in its dispatch dated May
%, 1898, and the propriety of his con-
duct In tine premises. In this connec-
tion attention was directed to the fact
that the court was, by letter of Aug.
1, 1901, instructed that ii is absolutely
free to report if such shall he found to
he the case that Commodore Schley did
not willfully disobey orders but that he
was justified in disobeying them"
Says Order Was Superseded.
Mr. Hanna contended that Willie
Commodore Schley was acting under
the orders contained in dispatch no. y
when the rctrograde movement began,
May 2G. that order was superseded by
the dispatches delivered on the Brook
lyn May 81 by Captain Cotton. In com
mand of the Harvard, and IN one of
which it was said that 'all the depart
ment's information indicates the Span
ish division is still mt Santiago de Gu
ba,' and to which the order was added,
1.-The department looks to you to ascer-
tain fact and that the enemy, II there
In, does not leave without Il decisive
action"
Mr.. Hanna took issue with Admiral
Schley that this was 4 suggestion ana
not mandatory order. 80 far from
being suggestive, doubtful or uncer-
tain are the terms of this order, that
they approach the verge of reproof,"
said Mr.. Hanna. "Their incisive dis
tinctiyeness Is notable, so much so that
1 think few subordinate officers, hav-
ing turned their backs on task to
which they had been assigned, would
care to be arrested in such act by a
telcgraplic order from Il superior
couched in such terms.
Mr. Hanna quoted Admiral Schley's
dispatch of May p, in which he eN-
pressed regret at not being able to
obey orders, saying that as II was writ
ten after the Cotton dispatch had been
received 1t was an explicit confession
that the Cotton dispatch was an order.
Commenting upon this dispatch he de-
clarcd that it was "the most remarlla-
ble one to be found In the annals Of the
American navy" lie contended that
the repairs TO the Merrimac could have
been made, as they We're. without go
ing TO Key West and that the Texas
WAS not in severe straits for fuel AS
for the Vixen, she was not fighting
ship and could have been sent for coal
lie contended also that on that date
May %, the condition of the sea was
not such as to prevent coaling. He MS
serted that the weather was rough
only on May 25 and that therefore
Commodore Schley's assertion that the
weather had been boisterons ana the
seas rough ever since leaving Key
West was unjustitcd by the facts
what Squadron Logs showed.
"Referring," he said, ITO the indis
putablp evidence of the squadron logs
Ii appears that the Brooklyn could
have remained on blockade about thir
ty-two days. the Massachusetts about
twenty-four days, the Iowa eightecl
days. the Texas forty-five days and Thu
Marblehcad six days. retaining still
coal enough to reach Gonaives, Haiti
point where, by Admiral Schley's owl
testimony, he could have coaled thu
smalled vessels in the ports ana thI
larger ones off the coast"
The speaker also controverted th'
statement made in his dispatch TO thu
department to the effect that lit Is no
possible to cruise to leeward of, Cap
Cruz in summer owing to southwes
winds" quoting several witnesses t,
show that the wind was not from TIL
southwest. Quoting the expression
lioiI the SuIilc ulSltdlcl, IL lS W tDe ~
GREETED that the departments order
cannot be obeyed,'' Mir. Hanna remark
ed:
Most undoubtedly. 1t was critica
time, and the action of Commodore
Schley in abandoning his station be
fore Santiago, thus, as he himsel
states, failing to obey the department
orders. created grave anxiety in on
N. national councils"
Mr.. Hanna expressed the opinion
that the commodores statement tina
he could ascertain nothing certai
concerning the enemy" disposed of til
controversy respecting Captain Sies
bees reports to the commodore and til
statement of the pilot. Nunez.
The Coal supply.
Taking up the coal supply of til
fleet as required by specification six g
the precept. Mr.. Hanna said; { FroI
testimony of the commanding and otl
er officers of the Brooklyn, the low;
the Massachusetts, the Marhlehead an
the executive and other officers of til
Texas and from the steam logs of thoS
vessels it would appear that the flyii
squadron was on May p, 1898, fairl
well equipped with coal"
Specification seven was next consi
cred. This requires an inquiry as
whotbar ayery nronpr effort was mac