Evening star., 1901-10-10

arise which entitle him to representation
you will permit our admission as counsei In
his behalf
who is my associate In this matter, and my
self have been present in the court room
nearly every day of the procedure, and one
or both of US will endeavor to be present
every day hereafter.
T. We have not had facilities which would
permit US to hear the proceedings. but we
have been furnished with copies of the
courts record, and beg leave to reter re-
spectfully to certain pages of that record
which contain attacks upon Admiral Samp-
son.
s. Rear Admiral Schley, for instance. was
permitted to say (see page q that the
principal parties to the present issue are
Rear Admirals Sampson and Schley."
g. Direct allegations have been made
against Admiral Sampson, and we ask the
court to refer to pages 152 to 15S OF the
record. where counsel repeatedly accuse
Admiral Sampson, first. of conducting
blockade with his vessels at a distance as
great as that which was selected by Ad-
miral Schley for his blockade, and. second,
Of permitting the Colon to remain for an
indefinite time after his arrival In full sight
Of his squadron without making an effort
to destroy her.
Z. On page % of the record counsel was
allowed to declare that despite Admiral
SIMPSONS official report, In which he states
that the battle of July was fought under
his command, that as matter Of fact Ad-
miral Sampson did not command on that
day, and effort was made by counsel in yes
terday's proceedings to introduce into evil
derce a signal made by Rear Admiral
Sampson. which counsel stated in his argu-
ment was intended to show that Rear Ad-
miral Schley was commander-in-chief at
that battle. Surely these allegations in
velve the honor of naval officer.
g. The courts precept states that an OFF,
Ger who is interested may be permitted to
appear and defend himself; and while we
fully realize that Admiral Sampson is not
party to the case, as the court states in Its
letter of the 9th of September. yet notice
has been given that effort will be made
to deprive him of his honors, and even of
his honor and his good name, and he is ac-
cused of permitting an enemy'S vessel to
lie undisturbed in his presence, and all that
as naval officer he holds dear is involved,
and we ask you to decide merely that he is
interested"
miral Sampson have been made covertly.
and under the name of argument, but the
statements have been nevertheless public:
they have been given great currency and
they are embodied in the record to remain
forever on the files of the Navy Depart
ment 1t Is at least worthy of comment
that on every occasion In which such an
argument has been INDUCED in the question
at issue has been voluntarily withdrawn
after full opportunity had been taken to
accuse the admiral.
10. Were we alone In our opinion that
these arguments are improper we should
hesitate to make such statements, but the
judicial officer of the court-the judge advo-
cate-has repeatedly characterized these ar
guments as improper.
IL. We of course, realize fully that the
intervention of new issues and new parties
might be improperly used to cumber the
record and prolong the trial, but counsel
are entirely under the control of the court
and may always be suitably restricted
We, therefore, request that we now be
permitted to appear before the court and
given facilities which will enable us to hear
the procedure and be present to defend
Rear Admiral Sampson when counsel shall
make upon him the attacks OF the nature
which they have already deemed proper to
make.
Very respectfully,
(Signed) w. H STATION.