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ARGUMENT BEGl?iS
IN SCHLEY INQUIRY
Mr. Hanna Opened for Side of
Government
DID NOT CONCLUDE SPE
im
Will Probably Finish His Argument To
Day?Admiral Schiey Was on Stand
Part of Day .Making Correc?
tions in Iiis Testimony.
? 01*3- Associated Vvcbb.}
WASHINGTON, Nov. -I.?Tho Schley
Ccurt O? Inquiry replied the ?argument
stage at ? ?jf* beginning- of the uftcrnooji
session to-day. The. .morning sitting -was
devoted ??> listening"; to Admiral Schley
and Captain Sigsbee in making* corrections
o? their testimony which had been given
previously, ?and the introduction by Juo'ge
Advecato Lemly Of numerous documents
bearing <>n the different phases of iliu in?
quiry.
Admiral Schley did not make any ma?
terial additions to his previous state?
ments, but devoted himself largely to the
clearing up of ambigtious word's in. his
?evidence. There were two new witnesses
who were to have been examined con?
cerning the controversy as to what iri
ii.rm.uion Captain Sigsbee communicated
to Admiral Schely when he arrived off
Santiago in May; 1?9S. One of ?these wit?
nesses was Prunk ?. Richards and tho.
other George -Lynch, both of New York
and both newspaper correspondents, who
were on duty in CCbaifwatcrs during' the
war with Spain.
Mr. Lynch was on the press boat Seni?
ors N. Smith ano' Mr. Richard's on the
Premier. They were to have testified con?
cerning the meeting of their vessels with
the St. Paul, of which Captain Sigsbee
was in command. The court, however,
decided not to hear them.
OPENING SPEECH".
.The opening speech of the argument in
the case was made on behalf of the Gov
?ftnxncnt by Mr. Hanna, assistant Judge
Advocate. He began his presentation of
the case a few moments after the court
convened at 1 o'clock. and when the court
?adjourned, two hours later, he had not
?Severed more than half f the ground in?
volved -n the controversy.
WJiile Captain Sigsbee was on the stand
Mr. Rayner asked if he had megaphoned
ot otherwise communicated to the press
boat Premier while off Santiago the fact
that the Spanish fleet was not in San?
tiago. The witness replied' that he had
not done so, although he would have been ;
Justified in saying so. if he liad thought
it proper, under the circumstances of war.
~Whi*n Captain Sigsbee was excused Cap?
tain Lemly announced that he had no
more witnesses to ?call.
'?"ranit jv Kichar..? was sworn and stat?
ed that he was on the dispatch ?boat Prem?
ier during the Santiago ?campaign, and
that tho boat was hailed by Captain
Sigsbe? on the night of Mav 27th or 28 th.
Captain Lemly objected to this line -of evi?
dence on the groand that Commodore
Schley was not present during the con?
versation, also that it was not material
to tlie issue.
A VITAL POINT.
Mr. Rayner contended that this alleg
?ed conversation with Captain Sigsbee was
one of the vital points of the case; that
It txire directly upon one of the most im?
portant sp?eclfications of the precept. Mr.
Rayner said he did not desire to impeach
the credibility of Captain Sigsbee, but
would endeavor to Impeach very strongly
t?m reeoUoCtion. The com*.? retire/r* tn <wn
1 changed h.s statement that 'jUiiv
lore shells passed ove? MV?fi?$V?F
"that a number of sh?lis passed !'oycr
sider the point, and when it returned sus?
tained tlie objection.
Under Uiis ruling neither Mr. Richards
nor Mr. Lynch could testify, and Admiral
Schiey took the stand for the purpose of
correcting his testimony.
SCaTLEY'S BAL? COLD.
The Admiral wao suffering Proni a cold,
and his \-oice was quite hoarse. He began
his corrections with the very first of his
testimony. Mcst of thes? corrections were
of typographical errors or the changing of
words to make sentences ? read more
smoothly.
gJn referring to his testimony regarding
"iTc'-'arrival of the Harvard on May "JTth
with a dispatch from the Secretary of
the Navy, informing him that "an of
the] departments' information indicated
?the presence of the Spanish squadron at
Santiago.'' which dispatch he had declar?
ed had never reached him, and therefore
he had never seen it or heard of it until
recently, Admiral 'Schley corrected this
portion of his testimony by stating that
neither his flag lieutenant nor his secre?
tary had ever seen the dispatch nor re?
membered it. Ho had' previously included
his lirst lieutenant in this statement.
SHELLS AND SMOKE. '
Referring to his testimony regarding
.the reconntjisance of May ?lst, the Ad
Smiral changed his statement that "iil'tj
v>r m ?
2"ead
?the fleet." He also changed his evidence
concerning suspicious movements in the
harbor of'Santiago, July "2d, to read "that
before dark 1 noticed in the harbor a good
deal of smoke coming up." The oilicia!
record, he said, made him say that he
saw the smoke after dark.
Coming to his answer to a question in
reference to his order sent below during
:he early part of the battle to "Stand by
to ram." admiral Schley emphasized his
former testimony, by stating that "there
was a distinct attempt to ram, on the
part of tne Maria Teresa. Admiral Ccr
vera's flagship, and the Viscaya."
BROOKLYN'S SPEED.
He also reiterated his confidence in the
Brooklyn's speed, by stat:i?? that,-." wit h
'?:;.? engine and all the boilef p^ife^K s!he
could have gotten up all speed t?ia't was
needed. As to the passing or the flying
squadron by the Eagle on morning of
May 30th, and the latter's conveying the
information that there was "no news,"
Admiral Schley corrected his testimony,
wherein he said that he was not mistaken
as to this, by stating that he might have
been mistaken.
Admiral Schley also corrected his state?
ment regarding his visit to the flagship.
New York, when he had made his pre?
liminary p port oi the battle of July 3rd
to Admiral Sampson. . The record, he
?said, did not make the matter quite
clear. "The Admiral said to me," con?
tinual the witness, "that I had omitted a
very important detail, which was to state
that the New York was present."
THE BLOCKADE.
The. witness corrected? but one of his
? answers to the questions of the court.
I This question was to -the effect that.
[ as. he was ordered to go to Cienfuegos
! to < stablish a blockade, was it not his
duty under the circumstances to commu?
nicate direct, either by signal or other?
wise, with the senior officer of-' the ves?
sels returning from Cienfuegos and ob?
tain from him all information regarding
the situation at or near that port?
The answer, as corrected.', reads: "The
Communication which he made to ime
through the Eagle, indicated that Captain
McCalla knew 1 was bound for Cienfue?
gos, and I, of course, took it for granted
if he had had anything important 'he
would have notified me of the fact with?
out my inquiry.'?!
THE COAL MATTER..
At this point Admirar Schley announced
that he had' no more correction to make.
Captain Parker called the Admiral's at?
tention to the evidence of Captain Sigs?
bee, In which he had said when he went
on board the Brooklyn, the whole ques?
tion, so far as he cornu remember, was
coal, and nothing but coal, and that Com?
modore Schley already had made up his
'That was not the first question Sigs?
bee asked mc at all," replied Admiral
Rel-.U-y. -I did -not ???? to Captain Slgf>
bee that we were going to Key W?st', ns
the signal will show. Sigsbee was talk?
ing on the subject of coal, and since he
mentions it, I recall the fact that his
statement was that he was commanding
a vessel that was one-tenth of a mile
long and that she could not turn her en
?i?ei over tinder 150 tones of coal a day;
also ihat he could not remain.there very
long; that he would ha-.'e to go to Key
West."
"Had you, as a matter of fact, made
up your mind at that tima to go to Key
West?'
"I had not."
Admiral Schley then referred to his
conversation with Admiral Sampson re?
garding his instructions about not bom?
barding fortifications, as follows:
"I ought to mention, in connection, wilh
the talk I had with the Admiral, in rela?
tion to his instructions about not bom?
barding fortifications, that I recall the
fact that he and I were talking about
the guns that were probably there, and I
asked him whether he knew if they were
Hontoria or Krupp guns. He said, 'prob?
ably both,' and that recalls the circum?
stance to me, and again in relation to the
testimony of Lieutenant Roys."
Judge-Advocate: "I do not think the
purpose of calling the witness to revise
his testimony is to enable him to con
tradict^witnesses who have been ort the
stand.", jn ?
CAN CONTRADICT.
Mr. Rayner: "He can contradict any
witness if we want him to do it. That
is a remarkable statement. Your wit?
nesses have a right to rebut our and we
have not a right to answer them. Mr.
Hoys was an entirely new witness, and
ho testified to something new. I asked
the question if we would have the right
to call up witnesses to contradict new
witnesses, and tha court said of course
we would; otherwise we would be barred
out entirely."
The Judge Advocate: "I think as Lieu.
Roys is the only witness who remains
uncontradieted, I have no objection to
make.".
Osir. Rayner; ; "I think that is a great
?mistake?, that he is the only witness un
coutradicted. I think there are fifty
witnesses uncontradicted according to my
recollection. That is a highly imprjper
remark for the Judge-Advocate to make."
The Judge-Advocate: "If the court
please, I am to be corrected by the court
only and not by counsel, who has fre?
quently attempted it."
Admiral Dewey: "The court has no ob?
jection to the Admiral's reference to Lieu?
tenant Roys." , ,
Admiral Schley: "I merely wanted to
say, in connection with Lieutenant Roys
that I heard nothing of the protest which
he speaks of?of the desire of Lieutenant
Sutherland to coal, I am sure he is mis?
taken about that, because it would have
been impossible that day for that ship
to eoal."
Admiral Schley was finally excused af?
ter a brief cross-examination, and Cap?
tain Lemly offered a large number of
documents as evidence.
SCHLEY'S COMMISSION.
Before taking the usual recess for lunch?
eon, Mr. Rayner. offered in evidence the
commission of Admiral Schley, and when
asked if he had any objection to its going
in. Captain Lemly replied: "None at all."
But_called attention that it was a com?
mission dated August 10, 1S98, Issued dur?
ing a recess of Congress, and that the
words "Nominated by and with the ad?
vice and consent of the Senate" were
stricken'out. , .
"It will appear, of course," said Cap?
tain Lemly,"exactly as it appears here."
Admiral'Dewey: ''It is .valueless if it
has not been confirmed by the Senate.
It can go in, but it has no value, of
course."
When the court came in after recess
Admiral Dewey handed to Captain Lemly,
and the latter read the following an?
nouncement:
"The court states that while it has ad?
mitted to it? record a document presented
by co'unsel for the applicant, which was
given to. the applicant by the President
of the United States on August 10, 1898,
t.hft ?pionrt doop not ranoenlze such docij
ment as the commission under which the
applicant holds his present office in the
navy."
ARGUMENT BEGUN.
Immediately after the reading of this
statement the argument in the case was
begun; Mr. Hanna, assistant to Judge
Advocate. Lemly, opening for the Govern?
ment. ' ;
Speaking of the run of the Flying Squad?
ron from Key West to Cienfuegos, Mr.
Hanna claimed that the trip was not
mado as expeditiously as possible. He
cited the fact that the Iowa, which Went.
by way of Havana, made much better
time.
Mr. Hanna related! the particulars of
the meeting between Commodore Schley
and Captain McCalla, as the former was
on his way to Cienfuegos. "Captain Mc?
Calla," he said, "did not know that Com?
modore Schley was on his way to Cien?
fuegos, while Commodore Schley did
know that McCalla had been there. Under
such circumstances," he continued, "the
ordinary rules governing the intercourse
between senior and junior oflicers did not
pertain. In that case the burden of call?
ing for information fell upon the senior
officer, yet it is in evidence that the
Commodore did not request anything
from Captain McCalla."
The meeting with Captain Chester, ot
the Cincinnati, also was referred to and
the circumstances. Knowing that he had
no information to impart, he was .taken
aboard the Brooklyn and the Flying
Squadron detained for an hour and
twenty-live minutes to permit a conver?
sation with him on the part of the Com?
modore.
Mr. Hanna described tho order of Ad?
miral Sampson to Commodore Schley
dated May 39, 1S9S, directing the latter to
take steps to prevent the enemy from
continuing work on the new fortifica?
tions at Cienfuegos. "It does not ap?
pear," continued Mr. Hanna, "that any
steps were taken to prevent work on
these new fortifications. In fact,' this
order was not, so far as the testimony
shows, in any way regarded."
SIGNAL CODE.
? He discussed the question of McCalla's
signal code for communication with the
Cuban insurgents on the shore at Cien?
fuegos at some length.
Mr. Hanna contended that Admiral
Schley should himself have taken the
initiative in. ascertaining the presence or
absence of insurgents without waiting
for signals from any one.
Mr. Hanna then took up the question
of the blockade at Cienfuegos. He saia
that Admiral Schley had testified' that
the vessels in the day time tried a ruse
to Induce the enemy to come out. He
called attention to the fact that this
was not communicated to the : captains
of the vessels. He then read from the
official 'documents to show that coaling
was a practicability and that it was con?
tinuously going on at the time reports
regarding its impracticability were made.
He said that Admiral Schley left Cien
fuegos under order No. S, telling him if
ho "Was satisfied that the Spanish fleet
was not at Cienfuegos to proceed ?,vlth
all dispatch, but cautiously, to Santiago."
"How it was possible," said the speaker,
"in view of this order, to report vto tho
Secretar}' of the Navy, as Admiral -Sehlsy
did, that he would not move until the
day following, is inexplicable."
He then stated that, while Admiral
Schley had reported that he wouid not
leave until the 25th, he did actually start
on the evening of the 24th.
URGENT ORDER.
Mr. ! Hanna also quoted the order di?
recting Commodore-Schley to leave Cien
fuegoes before daylight of May 23d, and
said that as this order had directed that
if possible the squadron should leave be?
fore daylight of. that day,'it should be
construed as a message of urgency."-."AL
most every word of this message imparts
haste and urgency," he said. "Evident?
ly," he added, "the commander-in-chiof
did not expect Commodore Schley to re?
main at Cienfuegos after its receipt."
' He then proceeded to show, that "while
this dispatch bore the same date as No.
8, it was really later, because while No.
S had been dated at'Key West, the above
order had not been written until the ar?
rival of Admiral Sampson at Havana, DO
miles eastward. Hence, he contended
that this order should have superseded
No. 8. ? ?
"Clearly, then," he said, "Commodore
Schley wag under urgent instructions to
leave for Santiago; he did not do so, but
did not leave until the evening of the next
dai*."
"This concludes the subject of the first
and second specifications," said Mr. Han?
na. He presenteel the following points
covering these specifications, which, he
said, he had made in the form of inqui?
ries:
?. Why the Flying Squadron was dila?
tory in arriving at Cienfuegos?
2. Why the squadron was held there
after tlie receipt of Sampson's order, writ?
ten and dated off Havana May 21st, .lay?
ing: "Be at Santiago May 24th?"
3. Why nothing was done to communi?
cate with the captains after the receipt
of the McCalla memorandum Maj* 23d,
and particularly why the three light s'g- ?
nais that had attracted general atten- j
tion on board the fleet were not investi?
gated after Commodore Schley learned
that there.were Cubans in the neighbor?
hood where, such signals 'were displayed.
4. Why order No. 6. directing that steps
be taken to prevent yhe enemy from con?
tinuing work on certain new fortifications
wras nut obeyed?
WHYS OF VARIOUS SORTS,
d. Why the order directing the masking
of the movements of the fleet off Cienfue?
gos was not obeyed?
6. The nature and causes of the cur?
rent said to have accounted for the
steaming of the ships off shore at night,
while on blockade at Cienfuegos.
7. Why, after learning positively that
the Spanish squadron was not there, and
accepting this report as conclusive, the
Commodore sent official letters and tele?
grams, saying not that he would leave ai
once, but 'en.' the following-? .day?
5. Why the Commodore failed- to report
to any high authority that he actually did
leave Cienfuegos on the evening of the
24m, if as appears, he did so fail to re?
port? and generally?
9. Why, irrespective of tignals, orders,
or aids. from any source, ?.he command?
ing o? cer of the Flying Squadron did not
while at Cieufuegos, of his own motion,
and with the resources ? under his com?
mand, do something to gain information
of the Span.sh fleet?
Mr. Hanna then took up the third speci?
fication of the precept concerning the
cruise from Cienfuegos to Santiago. The
testimony was. he said, uniform, to uie
effect ?....at the run was a slow one and
that it did not proceed with dispatch as
directed. - ' - ?
"As to whether - the figh..ug ships
should have" been held back? ? for the
Eagle I do not express an opinion before
tnis court,." said Mr. Hanna, and then
with this sentence he landed the squad?
ron twenty-five miles south of Santiago
May 26, and then took up the retroga-e
movement. .
NO EXPLANATION.
Mr. Hanna said there had been no ex?
planation of the fact that the squadron
had stopped so far south of Santiago, nor
of the circumstances that after passing
the longitude of Santiago he had continued
to the eastward, except that on the lat?
ter point Admiral : Sci-ey ' had said that
at the time he was asleep.
Mt Was at this point that the scout
boats St. Paul, Minneapolis,.and Yale
were encopnteredv. ancj ;Mr. ? ijlapn? re?
ferred) to this ?nfiident narrating Captain
Sigsbee's visit to Commodore- Schley on
board the "Brooklyn, and the contradic?
tory testimony .concerning the purport
of the captain's visit.
Mr. Hanna thought .thiere could be no
difficulty in explaining the. apparent con?
tradiction. Captain Sigsbee was a officer
of experience and knew very well that
the fact that he had not seen the Span?
ish fleet was not evidence that the fleet
was not there.: If Captain Sigsbee had
said positively that .the: fleet was not
inside Commodore Schley should have re?
fused to accept it as utterly Illogical.
Air. Hanna: "I know that if Admiral
Schley had received information suffi?
cient to set his mind) at rest and turn?
ing his squadron back toward Cienfue?
gos, to convince him thoroughly that the
Spanish fleet was not there, he surely
would have, stated- that ia his next tele?
gram to tlie Department."
Mr. Hanna took up specification 4, re?
ferring to the retrograde movement. He
said that in making this movement he
had not done it on the information from
the scout ?/essels. "The hai-or of San?
tiago was left totally unguarded and it
was not our fault that Cervera's fleet
did not get away."
Mr. Hanna had not completed when the
court adjourned for the day.
He Feels tne Strain.
(By Associated Press.)
KNOXVILLE TENN.. Nov. 4.?In de?
clining to accept an invitation to visit
this city, Admiral ?Schley assigns the fol
lo?ving as his reason:
"T? e fatigue incident to the prolonged
sessions of the pending investigation has
necessitated me taking a long rest, and
I feel, therefore, that I am compelled to
decline courtesies that it would have been
very agreeable to me to. accept under
other circumstances."
SCOGGINS SHOT BY MISTAKE
Grabbed Another Man's Team in the Darkness
and Was Fired on for a Robber.
(Special Dispatch to The Times.)
WELDON, N. C-, Nov. 4.?Mr. Jante.?
H. Scoggins, the man in charge of the
broken neck horse exhibit, who was shot
Friday night by a negro, near town, hav?
ing been mistaken for a highwayman, died
Sunday morning.
It was a peculiar mistake, one in which
almost any one would have acted jjst
as the party did who fired the fatal shot.
Mr. Scoggins had stopped at the Gypsy
camp. His horse and buggy was stand?
ing in the road. It being very dark, he
made a mistake when the buggy drove
up and thought that his horse was leav?
ing him, and he jumped out in the road
and took hold of the reins and stopped
the horse.
The occupants of the buggy were badly
frightened and the darkey pulled out his
pistol and fired the fatal shot. The broth?
er of the dead man, who came here from
"Warren county to investigate the matt?r,
was satisfied that it was a fatal mistake,
in which no blame could attach to the
party who did the shooting.
WATER WORKS AT AUCTION.
Goidsboro to Issue .Bonds for Its Own
Plant.
fSpecIal Dlsnatch to The Times.)
GOLDSBORO, N. C. Nov. -L?The Goids?
boro Waterworks plant was sold to-day
at public auction by order of the court
for ?.jO.500, Judge Percival Bonney, of
Portland, Me., one of the principal bond?
holders, being the purchaser.
The plant cost originally *?G8.C00 and has
been in operation twelve years, the city's
water, rents in the meantime having been
?40,000. To-morrow the city will vote on
a proposition to issue bonds in the sum of
$110,000, $50,00") of which are for water
works.
Yirgin?ans ?a Washington.
WrASH_GTON, D. C, Nov. 4.? /irgin
ians registered at. .Washington hotels to?
night are Robt, Lecky, Jr., and James L.
Robertson, Richmond; H. T. Halioday,.
Jr., R?pidan: ?~. S. McKinney and wife.
?ovington; George T. Stone. Fredericks?
burg, and C. M. Palmer, Winchester.
_-?
Preachers Not Fitted.
(Special Dispatch to The Timon.)
SUFFOLK, VA.. Nov. 4.?Col. Day said
some of the preachers had been appointed
judges of election in Isle of Wight: Rev,
Dr. Broaddus. who was on -the ground,
said when questioned about the matter
that he had declined, believing the
ministers -were not fitted for the work.
ON EVE OF BATTLE
IN PETERSBURG
Will Vote on an Amendment to tha
Constitution, ;:
THIRD CALL TO DR. CAVEi
Both Presbyterian Churches Without Pastor?
for Some Time?Mahoa Talks to tbe
Petersburg Street Car Men?An
Escaped Convict.
(Special Dispatch to Tl? Times.J
PETERSBURG. VA, N?iv.' -?[f^eu-y little
interest is being taken la-the, election
which will be held to-morrow. Democrats
are being urged to come out, but it Is not
believed that more than one-half a vote
wm be polled in this city. The fact that
a proposed constitutional amendment is
to be voted for at this timo will not ad<?
any interest to the election in view of the?
fact that the Constitutional Convention,
now sitting? would have power to over?
ride any amendment that might be
adopted.
Dr. William E. Cave, of Paducab; Ky.?
has been unanimously called to Tabb??
Street Presbyterian Church,-.in Petersburg?
This is the third call that has been ex
fended' Dr. Cave by this church; and it Is
believed that lie (will now accept? and will
soon become pastor in this city unless his
Presbytery refuses to release him. Dr.
Cave is considered one of the ablest Pres?
byterian ministers in the South.
PASTORLESS CHURCHES.
Tabb-Street Church has been without ?
pastor for more than a year, and tho
resignation of Dr. Winn as pastor of th?
Second Presbyterian Chore-- has been in
effect for se v.ral. months, so that th?
Presbyterian Churches in Petersburg;
have been without pastors for some .time.
W. D. Manon, president of the Amalga?
mation Association of Street Railway
Employes, delivered an address to-night
at the car-barn of -he Southside Rairwa?**;
and Development Company.
Mr. Burrows, of St. Louis, businee?
manager of the Travelers' Protective As?
sociation, and Mr. C. "VV. Saunders, cf
Richmond, a member of the National
Board, met the members of the local post
to-night at the rooms of the Young Men's
Business Association.
Herbert Weath,erly, - an escaped convict
from Xorth Carolina, has been arrested in
Petersburg by Chief of Police Ragland
and Lieutenant Donahue.
TO WED IN DELAWARE.
Mr. and Mrs. Alexander B.- Cooper, of
Xew Castle. Del., have Issued Invitations
to the marriage of their daughter. Miss
Virginia Spotswood Cooper, to William
Budd, of Petersburg. The marriage will
take place at the First Presbyterian
Church in Xew Castle. Tuesday, Novem?
ber 10th. at ?>:30 o'clock In the afternoon.
Mr. W. H. Harrison, who has been stick
for several weeks, was at h"s#offlc|
day. ?-.fj-jr?
Mrs. Clara A. White-. for*ner*ly J>t t?
city, but now of Philadelphia, is visiting
her sister. Mrs. W. H. Harrison, on Wash?
ington Street. | ?'??"*.
Mr. Riddle Appointed Secretary.
.Br Associated Gp>*8.?>
WASHINGTON. Nov. 4.?The Pr?s?
ident has appointed John A. Riddle, of
Minnesota, to be secretary o* the Unite?!
States at St. Petersburg.
Mr. Riddle was formerly secretary, at
the United States legation at Constanti?
nople and is an accomplished diploaua
and linguist. ? - - -
