Evening star., 1901-10-28

|
The question was asked after reading
this paragraph II T had been complied
with. Admiral schley answered: II do not
remember to have complied with II"
Plan ef battle.
The Judge advocate, then read section 291:
He shall, If possible. before going into ac-
battle and assign thefebn the position each
shall occupy. Division commanders shall
not change these dispositions unless it
should become necessary at time when
signals or ships are observed"
Q. Did you comply with that? A. Yes,
I think that order vas sufficiently carried
out when the command er- -in-chief placed
forming each of the purposes desired. l
think that was carried out substantially.
Q. Do you think you can supply every
captain with plan Of battle and do that
orally? A. did not think any plan OF
battle necessary with general instructions
to each. Hlfa-%
At this Juncture Mr. Rayner interrupted
the cross-examination and wanted to know
If the precept contained the words writ
ten Instructions" . s-f" ~ 30
The judge advocate. an that relation 1t
does not. But 1t says Supply every cap
tain with plan Of battle ~
Mr.. Rayner:: Does It say written?
The jude advocate addressing himself to
Mr.. Rayner: "Do you think you can supply
d pidn OF DdtCle IN conversational
Mr.. Rayner: "I can't, but fthink the ad-
miral can, and it has been done time and
again."
At this remark general applause broke
out, which was quickly quieted. however
by the sentries.
The judge advocate then continued his
questions, saying, cat 9:45 am. on May ~
you sighted a man-of-war, as shown by the
Brooklyn's log, and cleared for action What
plan of action had been determined on?
Admiral Sehley answered: Il should not
say that any instruction would be necessary
IN fleet meeting an enemy.
He said that the smoke indicated that
there was only one ship.
. The Judge Advicate-"As matter OF
fact there was more than one vessel. Inat
was developed afterward. Others might
have developed In the same way"
Mr. Rayner objects.
Mr.. Rayner-"I am going to object
There is no specification on this. and I
want to submit to him (meaning the judge
advocate), as much as the court, that this
section referring to the instructions and
supplying every vessel with a plan is not in
the specifications of the trial. There is no
specification here that, he has disobeyed
any regulation Of the navy. 1 am conf
dent that If he had ,disobeyed them 1t
would have been in the specifications. But
with disobeyfng the regulations OF the
navy" ,r
Mr. Rayner procured copy of the naval
regulations, and after looking at the sec
tions cited, he continued:
Il do not see the words written instruc-
tions' anywhere. While 1 do not want to
object to the most rigid ross-examination,
I want to make the objection that this IN
structon could not mean written instruc-
ton, and that it Is not based on the pre-
cept."
The Judge Advocate-'so far as the
specifications are concerned, one OF the
early features of the precept is the conduct
of the blockade during the Santiago cam
paign and thereafter, and If it applies, l
think the question Is. proper.
Mr. Rayner-'I shall object to 1t. When
What etat point int and tiase he could not have
supplied plan of,batt1s at Key West or
Cienfuegos that was to take place at San
aEU between l9sre 5ane Vas and jay % that he had
right to supply any plan of action w nat
right had he to supply any plan while the
commander-in-c chief wasf there, and now
could he supply it, unless it was done on
the morning of the battle? Now, there is
not word in the specifications that relates
to it, DOT -
Mr.. Rayner herearead the specifications,
and continued: "Its would have been easy
enough to put thato In and then we could
have tried him on cA."t- as..,.s -.ls ..,...
. He characterizeds the. naval regulations
referred to as ambiguous, He continued: ::
1.-THE principle of, law which lies at the
foundation of. the whole matter. is that. you
must bring to thesattention of the parties
charged with an offense the proposition
! which you are to try him on, We have had
no opportunity to go into that. We have
never talked with the admiral on the queS-
ton" o.,
Continuing; he said: CT think that follow
the flag Is a good order of battle. How
often has that signal been given in the
| past? 1t was the only signal at Trafa!-
gar"
The Judge Advocate-"You are confining
yourself to July B. are your
Mr. Rayner-"What would like you to
| tell me is what time there was between
June l and July when Admiral Schlcy
could have given orders for battle.
The Judge advocate: HE should have
| had prescribed and illustrated order of
| battle. under that clause Of the naval regu-
| lations and of the precept which I have
| read"
The court here announced a brief recess
| to consider the matter OF admitting the tes-
| timony.
Questions Limited by the Court.
After reassemblng.. Admiral Dewey an
nounced: 1.-THE court decides that all ques-
| tons hereafter shall be confined to between
the 10Th of May and the 1st of June. relat-
ing to the organization, management and
control Of the squadron when.he was actu-
| ally ommander-in-chief.'
The Judge advocate then asked Admiral
| Schley whether he had carried out the in
| structions of the naval regulations during
| the time prescribed by the court, and the
latter answered. II think that was done
| thoroughly"
The judge advocate. "But 1t was not
| done in writing?" >" -s-
Admiral schley: 81 did not do it in writ
| ing because I did not think it was neces-
| sary." .-.-ta ,-..
The judge advocate then asked the ar
miral to take the signal book of the Brook
| lyn and look at the entry Of May 22 at 5:35
am. 49, -.s~--=s
| The admiral read the entry. which told of
| a signal being made to the Texas to clear
| for action. . 'a
The Judge advocate wanted to know what
| that meant. and Admiral Schley explained
| that the ships were at all times ready for
| action. with the exception Of the awnings,
which were used as protection from the sun,
and proper ratings TO. keep from falling
| overheard.
The Judge alvocateA.Admirai, did you
| inform the commanding officers under you
of the confidential instructions which you
| had receiyed?' .-
Regarded Instructions as Confidential
| hao T