New-York tribune., 1901-11-05
SCHLEY HEARD AGAIN.
cORRECTS AND ADDS TO HIS
FORMER EVIDENCE.
vrSc OF TESTIMONY FINISHED-AR-
eUMENT on THE GOVERNMENTS SIDE
BEGrN BY SOLICITOR HANNA.
rBv TELEGRAPH TO THE TR1sUNE.l ]

AIl -
my TELEGRAPH TO THE TRIBUNEI
---.bi,,qron. Nov 4-The argument before the
- court of inquiry began this afternoon,
+birtv-scven days had been devoted TO
r,q testimony. The last witness was Rear
s-fral Schley. VINO after making a few cor
-a,ns in the record, gave further emphasis TO
%, Sigsbee's statement to him about the
isb shius not being in Santiago. which is
nm 70 Justify the retrograde movement
,,.,..e cornse! made an effort this morning to
,.,+ tvro new witnesses to prove that Sigs-
rs nositive Cervera was not there even as
,,.e ca MAY %, but the court ruled them out on
-. r-o,,nd that the point was not material. A
,her If documents which have frequently
- referred 10 in the inquiry were offered in
.s,,oe nv the Judge Advocate. OF these Secre-
cory Longs letter to the Senate summarizing
- .o,+roversy, SIMPSONS report of the battle
~ 2 and several others We're laid aside on
,..+ion bv Schley's counsel but the reports
- tho cantains and Schley's letter to the Senate
oo-,ro,tTee were admitted AT the last moment
oor,sel presented Schley's commission of August
ia 1895 by which he was promoted six num-
bsrs and made rear admiral for gallant con-
ar,- subject 70 approval by the Senate, and
r,der which he acted for several months, but
Admiral Dewey ruled that the paper was value
Iess without the SenateS approval
Immediately after recess Mr.. Hanna, solici-
,or for the Judge Advocate General Of the Navy.
opened the argument. and in the two hours
which followed made a summary OF the evidence
hearing on the first four specifications Of the
nrecept down 10 and including the retrograde
movement Before he began Admiral Dewey
lsughingly but earnestly begged him TO be short
and snappy, but MI Hanna could only promise
10 stick TO the facts, and. If not interrupted,
finish his statement within four hours.
POINTS OF Mr.. HANNA'S ARGUMENT.
Mr.. Hanna, taking UP the clauses of the pre-
cept and the evidence. laid emphasis on the
dlatory progress OF the Flying Squadron from
Key West 10 Cienfuegos where II had been
urgently or,iered IN utmost haste" compared
with its voyage to Key West and with the
Iowa's run 10 join it. He called attention to the
apparent disregard Of the injunction to ascer-
tain whether the Spanish fleet in Glen
fuegos 10 stop Spanish work there and to inst-
tute q close blockade. He then went over the
testimony relating TO the coaling Of ships, sum-
ming up the subject with the declaration that
throughout Schley's Independent command on
The south coast Of Cuba vessels Of the squadron
we're actually coaled at sea from the collier On
all except two days. and one Of these. May
25 the ships We're steaming all day toward
Santiago. lie also criticised the unmasked de-
parture from Cienfuegos violating specific in
structions and unwarrantably delayed after the
receipt of urgent orders. The progress from
Cienfuegos eastward. 1t was contended, not
attribute BILE to rough weather, but to standing
by the Eagle when two compartments Of that
vessel filed. Stress was laid on the arrival
May 26 Of the Flying Squadron over twenty
miles TO the southeast Of Santiago, the fleet hav
ing passed beyond and out of sight of the harbor
before the appearance of the scouts caused 1t
20 stop.
Mt. Hanna then went at length into the
FEASIBILITY o. the Sigsbee conversation quoting
Captain Cook in confederation of Sigsbee's testi
mony. and dwelling on Schley's failure to men
ton anything Sigsbee told when he sent his
memorable dispatch to the Navy Department
the following day May %. regretting the failure
10 obey orders, earnestly as have striven-'
II conteudej that an officer Of Sigsbee's
experience would not have declared that the
Spanish feet was not in the harbor on the sole
ground that he had not seen it, when it was i'm
possible to see into the inner harbor, and that
an officer Of Schley's experience would not have
believed such statement unsupported by better
reasons. Sigsbee, ne was sure, could not have
reached so illogical a conclusion. nor would
Sclley have accepted 1t AS onsettns the belief
Schley gave to the assertion Of the negro pilot
NJ
Santiago. Mr. Hanna placed Captain Cooks
statement that he knew from the charts the
pilot was wrong and that such ships could en-
ter In leaving the fourth and most serious
specificatior-that involving the departure from
of Santiago with the signalled destination Key
west-Nr. Hanna declared that Schley took not
only his feet but all the scouts, leaving the way
clear for Cervera 10 escape without detection
The argument, so far as it proceeded, was
marked by moderate utterances, ana where
comparisons were made between statements in
dispute The courts attention was directed to the
dispute Most of the statements cited We're
hoUe1 ct. in tl.- uncontroverted category. Cap
tain Parker will follow Mr. Hanna tomorrow
afternoon Mr. Rayner will speak on Wednes-
day. and the Judge Advocate hopes to close on
Thursday afternoon
The court does not expect to complete its work
before the end Of this month but after this week
II will sit in executive session.
THE LAST OF THE EVIDENCE.