Evening star., 1901-09-27

by your vessel or others to find out if the
Spanish squadron was in the hafpor OF
Cienfuegos? A do not know OF any tnen.
Q. What steps were taken to destroy bat
teries? A. None that l know OF.
Mr.. Rayner asked in regard to the forma-
tion of the harbor at Cienfuegos, and the
witness described it as one that could not
be seen into from ships outside.
Mr.. Hanna said that he would merely an
nounce at this time that he would be fully
prepared to give the court data in regard
to the dispatch to the Navy Department
sent by the commander -in-chief of the fly
ing squadron ON the Harvard to Jamaica,
the text of which, as printed by the de-
partment, differs from the original pre-
served by Admiral Schley.
1T appears that in the process of trans
mission" said Mr.. Hanna, from the hands
of the commander-in-chief to the depart
ment some changes in the language of that
dispatch occurred. I do not desire at this
moment to interrupt the proceedings of this
court by discussion of that question, but
shall merely make the announcement here
that we do intend to enter into that matter
very fully and completely; that is, as fully
and as completely as the court may de-
sire"
Carried Dispatches to Schley.
This announcement was made as Lieut..
Wood went off the stand. He was followed
by Lieut. John Hood, who served as COM
of Cuba during the progress of the war, and
who carried dispatch from Admiral Samp-
son to Commodore Schley. Lieut.. Hood
said that he first fell in with Commodore
Schley in carrying this dispatch on the
morning of the 23d of May, 1893, at 7:30
o'clock.
O. (By the judge advocate). State the cir
cumstances under which dispatches were
given You for delivery by Admiral Sampson
and what your instructions were. A. On
- nf
the New York, flagship of the North Allan
tic squadron, signaled to the Hawk for its
commanding officer to come aboard.
Mr.. Rayner Objects.
At this point in the discussion Mr. Rayner
objected. He said that he wished to know
whether the judge advocate desired to in
troduce testimony regarding conversation
that occurred off Havana between the COM
mander-in-chief of the North Atlantic
squadron and the commanding officer Of
the Hawk in order to affect the case of
Commodo Schley. He said this was a
grave matter. He contented that if dis
patches were sent that the dispatches them
selves would tell all that was necessary to
be told.
The Hawk carried the dispatch No. s,
which instructed Commodore Schley to pro-
ceed at once from Cienfuegos to Santiago
provided he was satisfied the Spanish fleet
was not In the harbor at Cienfuegos, and
dlSO d uItlnOThuOum aQQeU the QlSD9tCh,
Mr.. Rayner, in arguing his objection, said
that if Lieut.. Hood had come to Commo-
dore Schley with a written dispatch and
with verbal orders that Commodore Schley
must necessarily act on the written dis
patch In preference to the verbal orders
should there be any conflict in the language
OF the two. Therefore, he objected to in
troducing any conversation that occurred
petWeen Admiral Sampson and Lieut.. Hood
Ine Judge advocate vigorously opposed
this view of counsel, and said that such an
objection was almost equivalent to with
drawing a request to investigate the con-
duct of Admiral Sch1ey. This investigation
could be carried on only by getting at the
facts, and a most important order might
be transmitted verbally and affected by
conversation between the commanding Off
Ger OF the North Atlantic squadron and the
commanding officer of the Hawk who
took the dispatches.
Mr.. Rayner resented the suggestion that
such an objection was equivalent to with
drawing the request to investigate ana he
stated with much earnestness that while
Admiral Schley had asked for the investiea-
tion, he had not then been given an oppor-
tunity to frame single specification under
which 1t was to be conducted. The Judge
advocate and the solicitor for the depart
ment had acknowledged that they had
framed these specifications.
Allowed to Relate Verbal Orders.
The court retired from the ROOM and
after short time returned, stating that
the objection was sustained so far as it re-
lates to conversation on the New York but,
Admiral Dewey stated, this ruling does
not apply to any verbal orders which the
commander-in-chief Of the North Atlantic
squadron commanded the witness to convey
to Commodore Schley.
The witness stated that when the dis
patch was given to him by Admiral Samp-
son, and explained so that there was no
question about his understanding It, he
was also given a second envelope with dis
patches which, he said, had originally
been sent by the Marblehead. and of which
he merely carried duplicates
The witness said he was instructed If he
should meet the Vesuvius, to turn his dis
patches over to 1t, as it was a faster boat
than the Hawk He did not meet the We
suvius, however. On the way to Cienfue-
gos he said he met collier. He arrived off
Cienfuegos at 1:30 o'clock May 23 and i'm
medfateiy went aboard the Brooklyn flag
ship, to deliver his dispatches to Commo-
dore Schley.
Conversation With Commodore Schlex
He was asked by the judge advocate to
tell the court any conversation he had
with Commodore Schley after the latter
had read his dispatches
Commodore Schley read the dispatches"
said Lieut.. Hood land then turning to me
said: Capt Sampson wishes me to 60 into
Santiago. l cannot do it. I told Commo-
dore Schley that the admiral certainly ex-
PCSeeo 10 leaVe the instant
arrived Commodore Schley then said. in
as nearly these words as 1 can remember
am not sure of every word, but of the
substance of what he said I am sure-he
said: 1 am not at all certain that the Span
iards are not here in Cfenfuegos Resides
my ships want coal. The Massachusetts
needs so many hundred tons, the Texas SO
many hundred tons and the BROOKLYN so
many hundred tons. The Iowa was sent
with half coal supply and is useless, and
cannot send the ships without COAL I
told him saw collier that would be along
soon with four or five thousand tons Of
coal, and it would be there within two or
three hours. He referred again to his be-
lief that the Spaniards were at Cienfuegos.
and stated he heard some firing forty miles
from port, which he took to be welcome
OF the Spanish squadron, and he also saw
smoke. which he thought was from the
Spanish squadron, and really he believed
they were there.
Il said to Commodore Schley then that
the Information the admiral had he con-
sldered as definite. He had no doubt of n.
that the Spanish squadron was at San
tiago. Commodore Schley then said to me
that Captain Sampson could not under
stand as well as those on the spot and ha