The sun., 1901-11-08

| Colon might readily 500 the Restormel
| through the narrow entrance TO the harbor
| when vessels outside could not see the Colon.
| sIdsRKK AND THE RKTRooRADE MOVEMENT.
II has been intimated by counsel that
had the applicant been otherwise advised
by Capt. siEs bee, or had hs been in any way
advised by Capt. Wise, he might not have
| undertaken the retrograde movement. but
both of these officers testify that when
! they came up with the Flying Squadron
| tho retrograde movement was already
/ begun; and Sigsbee has testified that the
| questions principally discussed on board
1 the flagship were not OF the whereabouts
! Of the Spanish feet. but the question OF
! coaling. The despatch sent on the morning
1 of Nav "a confirms this witness. With
a purpose so fixed In the Commodore's
mind Il IL likely that the advice on the part
of Siesboe and Wise to remain at santiago
! would now be construed by counsel In the
same manner in which they appear TO have
dore Schley as 70 the proximity OF the Texas;
In other words, II might DO construed as
an unseemly protest.
As to the question Of dlsobedence OF
orders, counsel has properly stated that q
report that orders would be dlsobeyed
does not constitute such disobedience.
scmEY's DIsopEDIEScE or ORDERS.
Commodore Schleys conduct "a being
scrutinized in the light OF the facts. and
not alone in the light Of the statements
which he made concerning his Intentions
Counsel has cited the disobedienCe ot Nell
son; but at Copenhagen Nelson disobeyed
orders and went for the enemy. Tho APP
plcant's dsobedience, IL proved, viii be
tlown to be in delaying in bringing himself
into tho presence OF tho enemy.
IL has heen ingeniotisly stated by both
OF counsel that the Depart ment's suggos-
ton OF Capes Cruz and Gonaives as PLACES 10
coal authorized the applicant TO withdraw
Il. a,tb bar ~ thpaa rnlacaa what
ever his necessities as To coal. and that In
going but forty miles westward he was
well within the authority which the Depart
ment had granted him.
Mr.. Rayner. you said Yesterday, during
the course Of your remarks: What l am
after il this: Commodore Schley did not go
within cighty-four miles OF the place Cape
CRUZ TO which the Government ordered
him TO 60, and you cannot get over that,
Give me an answer TO that when you make
the concluding argument IN this case,
have already referred 20 this matter,
and think that have fully disposed OF IL.
But II. as you suggest. taking tho first OF
your alternatives, II was positive order
10 the Commodore. then OF course IL follows
that he disobeyed orders. This, 1 THINK
answers your challenge OF yesterday.
Do counsel not see that the Depart
ment suggested these expedients because
of the report anticipating diffculties IN
coaling which Commodore Schley sent by
the scorpion on the 22d: And DO they
not see that II would have been indiscreet
to withdraw even one vessel from OF Santi-
ago so long as that vessel could safely
remain there with the coal on handi
Capt. Parker stated that on May rs
tho Colon came down and occupied the
position In which she was seen on the 2sth.
II this we're true. then Commodore schley
would have seen her on the night OF tho
26th II he had gone directly TO Santiago.
But the position from which, on the 25th,
the Colon saw the English steamer and
our vessels IL not defined.
Senior counsel has also stated that Mr..
Bristol was the only one who knew anything
about the batteries except what was fur
nished by the Office Of Saval Intelligence.
| am unable to find that Mr., Bristol stated
that, previously to the ahair OF May 81, he
had detailed knowledge Of the batteries
beyond what was furnished by the Once OF
Naval Intelligence. The importance OF
Lieut.. BristoFs testimony, and that OF many
other confrmatory witnesses lies IN the
fact that they practically agree that the
batteries were weak. Commodore Schley's
reports show quite the reverse.
MANY WITNESSES IMPEAcHED.
Counsel have found themselves in the
unfortunate position OF being obliged
to att ack the testimony Of many witnesses.
As TO these witnesses, whose testimony
las been as stated either directly or indi-
rectly, | do not deem II necessary to say
awning IN tItlT DtHdus al
officers " the navy and in good standing,
and the court has had full opportunity 10
observe their manner on the stand The
principal crime that has been in terms laid
against them IL their youth, and this they
will eventually outgrow- II may he added
that they range ia years between 80 and
a. Others not perhaps Included In this
structure are even older. All of them
are therefore eligible, in such qualification.
10 election to the United States Sen ate.
Moreover. they compare, man for man,
more favorably IN this respect with the
witnesses called for the applicant, and
that precociOus child Of the kindergarten.
~ Mr. Rayner has designated Lao gtonant-
Commander Potts, is 40 wears 81 age, and
has seen more than thirty years service.
Senior counsel has stated that Com
mander Harier is the only witness who
has stated that SsftiagO wa not properly
blockadcd other witnesses have tcsti-
feed that ships could Lay" alcd from
santiago, and they have tesuh"d aoc'lf-
at"ly and n detail 20 the circumstances
under which ulis might have occurred
WHY ,SpERsES MAS cAIILD.
CAPT. Parker states that the witness
Andersen. brought hcr- ly us, surl,ri-ed
Va IN his assertion that the Brooklyus
holm vas kept hard ap0r throughout the
turn. Ne knew TIA Andersen would tee
til' that the helm was k"Ii hard ap'r.
u. we're H1t surIu-'d az iHs testimony
We Tnll'd lnfu tHfaA-fi Hhhlik isHh AZ
the helm Of The BryoAlVn uu July =, hs
AlI-.Hr-d to l- au et-'iitial and hog cal
wi'ue.s go as,l.t lr laying lI" facts ~ th"
cass, ls-fprr th- Csuf II he testimony
cau-.-i surlll-s. it must has" teen 40 culIn-
.sI flr fli" AIIilioari when. otter 'Inr" 'ru---
sHauuuaiiui. hr renamed unrlIahvu no. he
statement thai Do" heard t1Wmudnr" N'hl"y
hfri give the order ln put tho holm hard
AIsuT
IHT Hpp1sps lTFaiH sts'ossfHrtp
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ifrass "bann tl.r f,taa Niils 90
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iu Aiis AfuuIs. uIuHtF lu HaY Damn 300,
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