The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-10-01
JUDGES DENY REQUEST
Witnesses Of the Day Consist of
Captains and Commanders
OF Dispatch Boats.

Y "oo PASoSAASSu -
Sampson asking to be allowed to be
represented in the court by counsel.
but the court refused to grant the
request on the ground that "the court
does not at this time regard you as a
party to the case"
The principal witnesses of the day
were Lieut.. John Hood, who COM
manded the despatch boat The Hawk,
during the Spanish war, and Captain
Bowman H. McCalla, who was in
command of the Marblehead. The
testimony of both these officers dealt
with the delivery of dispatches from
Admiral Sampson to Commodore
Schley and both related conversations
with the latter.
Captain McCalla gave in detail his
part in arranging a code of signals
with the Cuban insurgents, n his
communications with them near Glen
fuegos on May "a, 1898, when it was
learned definitely that Cervera's fleet
was not in the harbor there. He said
that Captain Chadwick, who was Adj
miral SIMPSONS chief of staff, was
the only person at Key West to whom
he had communicated the signal code.
Captain McCalla expressed the
opinion that coaling was feasible off
Santiago at the time Schley began
his retrograde movement.
During the afternoon session Of the
court while Admiral SIMPSONS re-
1ation to the campaign was indirect
" under discussion in Connection with
a magazine article by the admiral,
Mr.. w. H.. StaytOn, attorney-at-laW
OF New York City, sent to the court
a note from Admiral Sampson re-
Questing that counsel be allowed to
appear before the court in his be-
half. .
Lieutenant Hood was at that time
on the stand, and no immediate re-
v ply was made to the request. Mr..
4 Stayton, who was present in the
room, then approached Admiral Dewey
to remind him of the request. The
admiral told him a reply would be
made to his letter and asked him to
remain outside the railing enclosing
the court. =
When Lieutenant Hood had con
cluded Judge Advocate Lemley by
direction of the court read Admiral
SIMPSONS letter, which was as fol
lows:
"Brookhaven, Lake Sunapee, N. H.,
Sept, 8, 1901-Sir: l respectfully re-
guest that Messrs. Stayton & Camp
bell be permitted to appear before
the court of inquiry as my counsel
to represent my interests. Very re.
specially.
''WM.. T. SAMPSON,
Rear Admiral U. S. N.
Admiral George Dewey, President of
the Court of Inquiry Navy Depart,
ment, Washington, D. c."
Addressing the court the Judge ad.
vocate said: "If the court please,
the precept in the third clause from
the bottom says: Rear Admiral
Schley has been informed of his
right to be present there in person
or by counsel during the investiga
ton to cross examine witnesses and
to offer evidence before the court
should he so desire. The court may
at any time grant to others interest
ed and entitled thereto like priv
1eges.
81 have only to say that I have moi
considered and I still think that Ad
miral Sampson is not a party to this
inquiry. The matter is one within
the discretion of the court"
Admiral Dewey responded: "The
court decides that they cannot ap
pear"
Before court adjourned the follow
ing formal reply to Admiral Samp
sons letter was read and a copy O
it handed to Mr.. Stayton:
"Court of Inquiry. Navy Yard
Washington, Sept. ~, 1901.-Ad
miral: 1 am today in receipt, through
Mr.. w. H. Stayton, of your letter O
the 9th instant, requesting tina
Messrs. Stayton & Campbell be per
mitted to appear before the court o
inquiry as your counsel to represen
your interests. In reply you are ad
vised that the court does not at thii
time regard you as a party to thu
case now before it, and therefore i
unable to comply with your request
Very respectfully,
GEORGE DEWEY,
admiral U. S. N"
After the court adjourned Mr.. Stay