The age-herald., 1901-11-05

I TT1 cause it would have been impossible on that day for the ship to coal.
 Hanna Begins Argument.
 The argument in the case was begun by Mr E. P. Hanna, assistant to Judge Ad- vocate Lemly, opening for the govern ment Mir Hanna began his presentation of the case by stating that in what he should say in his proposed summary he would like to accomplish two objects.
 First of these would be to make his ad- dress brief and terse, and the second to present careful and exhaustive cita- tion of the evidence adduced He would, he said, take up the clauses of the pre- cept and present the testimony on them in the order in which they appeared in the precept.
 He began by referring to the fact that in May, 1S9S the coast of the United States was menaced by the Spanish fleet. This, he said, was critical time. He told of the arrival of the flying squadron at Key West and read a number Of pre- iminary orders to Commodore Schley. Speaking of the run of the flying squad ron from Key West to Cienfuegos, MT. Hanna claimed that the trip was not made as expeditiously as possible. He cited the fact that the Iowa, which went by way of Havana, made much better time. MT. Hanna called attention to the fact that the log of the Texas showed she had steamed 1415 knots on the morn ing of May 22 The Brooklyn's log also showed that that vessel steamed for an hour and a half at 10 knots on the 22d. Mr. Hanna claimed that these facts | showed that the squadron must have been considerable distance from the entrance to the harbor when 1t stopped on the night of the Fist.
 MT. Hanna related the particulars of the meeting between Commodore Schley and | 1toiv a ahis way to Cienfuegos. Captain Me Calla," he said, did not know that Com modore Sehley was on his way to Cien- fuegos, while Commodore Schley did know that McCalla had been there. Un- der such circumstances" he continued, the ordinary rules governing the inter- course between senior and junior officers did not pertain"
 MT. Hanna also referred to the arrival at Cienfuegos, speaking of the reports of guns heard by Admiral Schley and of meeting with the British steamer Adula.
 Mir Hanna then read the order of Ad- mral Sampson to Commodore Schley dated May 19. 1S9S directing the latter to take steps to prevent the enemy from continuing work on the new Notifications at Cienfuegos.
 "It does not appear" continued MT Hanna, that any steps were taken to | fact this order was not, so far as the testimony shows, in any way regarded. No gun was fired at Cienfuegos by the Flying Squadron for any purpose except by Captain McCalla to obtain permission to knock down block house some miles from the entrance to the harbor"
 Mir Hanna called attention to MT. Schley's statements as made in his letter to the Senate that he old not know of 1 vicinity until the arrival of Captain Me Calla on May 24 but he called attention to the fact that it was admitted that the McCalla memoranda giving this informa- tion had been received on the 23d. In this connection he referred to the admirars letter to the Senate in general way Recalling the fact that he had said that he did not have his papers before him when he wrote the document,
 Schley's Alleged Misstatements.
 MT. Hanna said this circumstance must be accepted as accounting for "a number of material statements which do not cor respond with the facts" He then stated that while the government held that the McCalla memoranda had been received on May p, this had not been subsequent ly established to place 1t beyond dispute, hence no argument could be made on that basis He contended that Admiral Schley himself should have taken the initiative in ascertaining the presence or absence of insurgents, without waiting for signals from any one.
 MT. Hanna then took up the question of the blockade at Cienfuegos. He said that Admiral Schley had testified that the vessels in the day time tried ruse to induce the enemy to come out. He called attention to the fact that this was not communicated to the captains of any | Q off al documents to show that coaling was a practicability and that it was continu- cusly going on at the time report of it's impracticability had been made
 This brought MT. Hanna to the contro- versy between Admiral Schley and Cap tain McCalla. Concerning the interview between them on May 24 in which Mc- Calla said in his testimony that Schley had said that the English had demon strated that coaling at sea Is not feasi- ble, while he feared that if he should re- turn to Key West he would be court martialed. MT. Hanna did not, in this connection, refer farther to this inter- view than to state that Admiral Schley denied its accuracy
 He then proceeded to follow the opera tions of the flying squadron and quoted a number of Admiral Schley's dispatches He said that at the time of leaving Glen fuegos he was under orders telling him if he was satisfied that the Spanish fleet was not at Cienfuegos to proceed with all dispatch, but cautiously, to Santiago"
 How was 1t possible" said the speaker, fin view of this order to report to the Secretary of the Navy, as Admiral Schley did that he would not move until the next day" He then stated that while Admiral Schley had reported that he would not leave until the 18th he did actually start on the eve of the 24th.
 Respecting the order that the Flying Squadron on leaving Cienfuegos should mask It's movements, MT. Hanna said that this order was not carried out"
 This concludes the subject of the first and second specifications" said Mfr. Hanna.
 Points Covering Specifications.
 He presented the following points cov- ering these specifications, which he said he had made In the form of inquiries
 T. Why the Flying Squadron was dila- tory in arriving at Cienfuegos?
 l "2 Why the squadron was held there after the receipt of Sampsons order writ ten and dated off Havana May 21 say- ing: Be at Santiago May PA
 ''S. Why nothing was done to communi- cate with the insurgents after the re- ceipt of the McCalla memoranda at 8:15 May 23, and particularly why the three light signals that had attracted general attention on board the fleet was not in- vestigated after Commodore Schley learn l.