The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-09-28
His Request to Be Represented by
Counsel Before the Schley
Court is. Refused.
Days Testimony, as Heretofore, Was
Strongly Against Rear
Admiral Schley.


ms Characterization of Capt Harbers
testimony as wrong, when Capt Harber
mas said distinctly that he only spoke
from his best recollection.
This he said, is an indirect i'm
peachment of the witness"
Mr.. Rayner again insisted that he had
only intended to bring out the facts.
Mr.. Hanna asked what steps had been
taken While the flying squadron was off
Clenfuegos to ascertain if the Spanish
Meet was inside the harbor there.
SQUADRON DID NOTHING.
None that I know Of"
Was there any effort to destroy the
shore batteries there?"
The witness replied that he knew of
none. He said, replying to another
question by Mr.. Rayner, that vessels IN
the inside harbor could not have been
dlscerned from the outside
Lieut. Wood was then excused. and
as he was leaving the room Mr.. Hanna
took occasion to say:
L Will make an announcement while
we are waiting. There has been intro
duced before the court the question of
the correctness or the identity of a GER
tain very important dispatch sent by the
Harvard, May o. from off Santiago. by
the commanding officer of the flying
squadron. 1t appears in the process of
translation from the commander-in-chief
to the department, some changes in the
language of that dispatch occurred. do
not desire al this moment to interrupt
the proceedings by the discussion of that
point, but 1 shall merely make the an
nouncement here that we intend to inquire
into that matter very fully and COM
pletely, as the court may desire. before
We leave it,
Lieut. John Hood, who during the war
commanded the Hawk, was the next wit
ness. He said that on May % he had
delivered dispatches from Admiral Samp-
son to Admiral Schley when the latter
was off CienfuegOs. He related that he
had been called aboard the New York.
Admiral SIMPSONS flagship, on May q,
when the officers on board were given
dispatches He spoke of the presence OF
Admiral Sampson. Mr. Rayner objected
to the introduction of conversation or
verbal ORDERS saying that the orders
would speak for themselves and must
necessarily supersede any verbal instruc-
tions.
TIFF BETWEEN COUNSEL.
The question was argued at some
length by Mr.. Rayner and Capt Lemly.
In closing his response, the judge advo-
cate said:
An objection of this character is all
most equivalent to Withdrawing the re-
quest for an investigation He has asked
to have the judgment of his brother Of
hcers in this matter. Let US have it
and don't put technical obstacles in The
way of having the investigation"
Mr.. Rayner responded briefly:
L only desire to state that while this
is our investigation, these are your specf-
cations under the precept. We asked for
this investigation. and instead of letting
us give the precept under which we would
like to have the inquiry take place. YOU
TNra e
an applicant who asks for a court of
inquiry under specifications framed by
others and not by himself"
The court retired to consider the OBJ
lection, remaining out longer than on
any previous occasion. Admiral Dewey
read the courts decision as follows:
THE court sustains the objection of
counsel so far as it relates to conversa-
tions that took place on board the New
York, but this rule does not apply to any
verbal orders which the commander-in-
chief directed witness to convey to Com
modore Schley."
Replying to a question put in accordance
with this decision, witness said that his
instructions were contained in the memo
randum handed him to be delivered to
Admiral Schley which was read to him.
ORDER DELIVERED MAY %.
The witness then read dispatch No.
IL,
ing the latter that the Spanish fleet was
probably at Santiago. He also reac the
Brooklyn's receipt memorandum showing
that this dispatch as we'll as the accom-
panying memorandum had been received
at Sis a. M, May 23 The witness iden-
titled these the orders he had carried
He also said that he had carried two other
envelopes, one containing orders from the
department and the other a memorandum
which had not been read to him
He said he had arrived off Cienfuegos
at Z a. M, May %, and had gone
aboard the Brooklyn for the purpose of
delivering the dispatches.
In response to a request from the
judge advocate, Lieut.. Hood related the
conversation he had had with Admiral
Schley after delivering the orders say
ing that he (the witness) had told the
admiral that it was Admiral Sampson's
wish that the flying squadron should
proceed Immediately to Santiago as his
Information was very positive. His state
ment was as follows:
Commodore Schley read the dispatches
and then turning to me said: Captain.
Admiral Sampson wishes me to go to
Santiago. 1 cannot do it I told Com
modore Schley that the admiral certainly
expected the squadron to leave the in
stant | arrived. Commodore Schley said
in nearly these words:
SCtLEf REFUSES TO OBEY.
''I am not at all satisfied that the Span
iards are not here in Cienfuegos. Besides.
my ships all want coal;' that the Massa-
chusetts; Texas and Brooklyn wanted so
many tons OF coal, and that the day be-
fore Capt. Sampson had sent him down
the Iowa with only half her coal supply
so that she could not go anywhere; that
1t was useless to send ships down there
only half filed with coal l told Com
modore Schley that l had passed a COL
lier conveyed by gunboat only little
before daylight that morning, and that
it would certainly be there with at least
1900 to 5000 tons of coal within two or
three hours He referred again to his
belief of the Spaniards being in Cien-
fuegos and stated that he had heard
some firing about forty miles from port,
which he took to be a welcome to the
Spanish squadron; he had also seen some
smoke which he conceived to be the
Spanish squadron and he believed they