The San Francisco call. [volume], October 30, 1901, Image 2

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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Continued From Page One.
SHOOTING OF COLORED MEK,
SALT LAKE, Utah, Oct.' 29.— Louis Eu
genie \u25a0 Gardin „ de | Classe,' formerly a
Countess of France, was to-day, granted
citizenship papers by , Judge Stewart.
Mme. de Classe is related to the royal
Bourbon family of France. ;
Royal Relative a Citizen.
SALINAS, Oct. 29.— The trial of an im
portant land suit was begun this morning
before Judge Dorn in the Superior Court
The Commercial and Savings Bank pf San
Jose seeks to recover 517,000 and costs, the
whole amounting to $22,000, from the es
tate of the late William B. True of San
Francisco. The bank claims the amount
on a note secured by a mortgage on 84s.65
acres of land near Salinas, known as tho
Los Vergeles Rancho. The I mortgage
was given by True, it is alleged, when he
purchased the ranch from Mitchell Phil
lips.
True, In his answer and cross complaint,
had alleged that Phillips and F. W.
Moore conspired to defraud him by in
ducing him to pay more for the land than
it was worth. The administrator of his
estate avers that "on April 11 True, Phil
lips and Moore were playing cards at the
ranch house; that True was constantly
plied with liquor by said other parties
and that while he was under the influence
of liquor Phillips proposed to sell the
property to him for $25,000, although an
offer had been made of $45,000 for the
same land. Phillips, , when told that True
had money, said he would take $8000
cash, so as to pay a mortgage thereon,
and a mortgage fpr $17,000. .- True, in his
weakened condition, went with Moore and
Phillips to a lawyer's office, where, "he
alleges, he found a deed/mortgage and
note already made out. He signed ths
same without investigation. He claims
that he owes nothing, as the real value of
the property is only $25,000."
The plaintiffs deny all the allegations
in True 1 s answer and claim that True
knew what he was about when I he pur
chased the ranch. ,
LAWSUIT SEQUEL
TO A CARD GAME
Adula Not Suspicious.
"Did you give any. special Instructions to
My impression is' that we formed ~ column
between 5 and 6 p. ! m. and stood \u25a0 off on ; a
course south by east and then stopped, leaving
the Castlne in front of the harbor. By 7. or
f. o'clock we got under,way, laying our course
southwest by south." . ' . - ' J
When his attention was called to the fact
that he had in a report said . that the de
parture was timed at 5:15 he ' said that not
having the data before him;;-. when he made
that statement he had taken the information
from Captain McCalla's . report. : -' . \u25a0':\u25a0
"That statement." >he said, • "referred to the
time of the formation of column, aa I regarded
that as a preliminary step ! to getting off.'.' j
"Were there any signals?"
"There were." . . . . \u25a0 „ . \u25a0 • ,*" >\u25a0-
"Was it dark when you got under .way?"
"I do not; remember entirely, but It must
be borne In mind that darkness comes early
In that vicinity. It was, however,, dark
enough to read the Ardols signals. ! I cannot
say Just what the hour was, but the signals
were used up to 9:25 p. m."
"You. were ordered to mask your movement*.
were you not?" • . . . ' %
"Yes; that is, we . were so ordered, If we
should' proceed in the daytime. Our direc
tions in dispatch No. 8 were to bear In mind
that vessels could be - traced by their smoke
for thirty or- forty miles. I believe that " we
were bo far 'away at that time that the peo
ple on shore would not know what we were
doing other than signaling, even if they did
see." - : •
"The Ardols code is not a secret code. Is It?"
"Ordinarily It Is practically so. It Is a code
of letters. I don't believe; they could be
translated by foreign people."
"Did you use a key in employing them on
this occasion?"'
"I don't recall."
• "You remember that you were near enough
to the village of Trinidad to see lights on
shore there that night, do you not?" -
"I only saw the loom of the lights in the
clouds there. ! The . lights themselves | might
have been seen from the bridge of the ship,
but I did not see them." i,
"When you left Cienfuegos where did you
think the Spanish squadron was?" asked Cap
tain- Lemly.
"I did not, of course, know exactly where it
was. If I. had I would have gone straight for
It, According, to. the. information. which came
td' me, I supposed that If it was not at San
tiago ft was somewhere : in the neighborhood,
but my impression was that it had , come out,
as this information . from the admiral- had In
dicated, but Just where it was, of course, I
could not -decide."
What time did you sail for Santiago?"
template sending: one or - two of your ; larger
vessels back to Key West for coal ?" J < \u25a0• . , ;
"I think I contemplated sending some ot the
ships back. If we should d# unable to . coal
within a week." • ". \u25a0 • \u25a0 \u25a0\u25a0•
"At what time did you learn definitely that
the Spanish fleet was' riot 'In Clenfueeos?"
'"Upon Captain McCalla's return about; 4 p
m May 24 "
Simmons, \u25a0' and \u25a0 a message was sent to the
negroes. -
•"Do you want anymore?" was the
query.
"No," came the reply.
This had a quieting effect, and peace
again reigned. .
negroes left the country. 1 They car-'
ried all the personal effects possible.
Those who could rode on horseback and
in buggies and those who could not ride
took to the woods afoot. .Those who were
a kittle- bolder -lined- the -roads,- getting
out of the community.
The negroes are cowed and the whites
believe there will be no further trouble.
CHARLOTTE, N. C, Oct. 29.— One hun
dred, and ten of the ring, horses of Buf
falo Bill's Wild West show were crushed
to death in a railroad wreck near Lexing
ton at 3 o'clock this morning. Among the
horses killed was "Old Pap," Colonel
Cody's favorite saddle horse. "Old Eagle,"
the star ring horse, was killed and his
mangled body, fell on top of one of the
wrecked engines. The 'mules that drew
the Deadwood coach also " were killed.
Only two or three horses escaped death.
The accident was the result of a head
end collision between a fast southbound
freight train and the second section of the
show train, , and was due to a misunder
standing of orders. Several train ; hands
were Injured, but no man was killed... •
Colonel Cody spent to-day at the scena
of the wreck- and is heartbroken over the
slaughter. He says his loss is $60,000. .- The
train was en route to Danville, where the
show was to have disbanded and the ani
mals were to be sent to Bridgeport, Conn.,
to go into winter quarters. : • \u25a0 -
NEW ORLEANS, Oct. 29.— Tho Fore
paugh & Sells circus was in a collision to
day near Baton Rouge.. Four cars loaded
with animal cages were badly wrecked,
but none of the animals escaped. A. car
load of j elephants were turned looso
through the wreck, ' but after \u25a0 they had
wandered. about the country a short time
they ' were driven into Baton Rouge and
corraled. Three men were badly hurt.
The wreck was caused by the front . sec
tion of the circus train running into the
rear end of a freight train. •
FAMED HORSES
SUFFER DEATH
"Would not the fact that from thirty-six to
forty-eight hours was necessary in covering
this distance have brought the Spaniards to
Cienfuegos after your arrival there?"
"I did not wish to be understood that that
time would have been necessary for the Span
lards to make the voyage. I meant simply to
give the time consumed by the flying squad
ron in making: the voyage."
"That would be a guess; perhaps a mile."
Going back to the Adula' s appearance at
Cienf uepos. Captain Lemly asked about' th«
war bulletin brought by that vessel and -atked
If It had not stated that the Spanish fleet lad
left there May 20. This the witness admliled
was true as he also did that he had sail the
distance from Clenfuegos to Santiago was fram
thirty-six to forty-eight hours. Then Captain
1/emly asked:
Tne admiral explained that that entry did
not necessarily mean that the Scorpion was
absolutely In touch with the fleet As he re
called it. all the ships were drifting.
"Did you regard her under these circum
stances as a picket boat?"
"I did. Ehe was drifting Inshore."
"How far insider*
The Judge advocate then passed to Clen
fuegos. examining Schley upon his statement
that upon the arrival of the squadron there the
Scorpion was sent In as a picket boat and asked
htm to reconcile that statement with the en
try in the log of the Scorpion to the effect
that from midnight to 4 a. m., "drifted in com
pany with the fleet for the remainder of the
watch."
Before resuming the cross-examination of
Admiral Schley Judge Advocate Lemly an
nounced that with tne assent of counsel for
the other Bide the fiU-nal books of the New-
York for .May IS and Vt and July 2 and July 3
ana the Brooklyn's for May 18 to June 2, in
clusive, and July 2 and 3, would be Included
In the record. He explained that May 18 and
U were the day before and the day on which
the New York left Key West. The nr«t ques
tion the judge advocate asked was in connec
tion with Admiral Schley' s examination in
chief regarding the meeting with the Eagle
Miter the flying squadron leu Key West.
"You said you had a distinct recollection that
the l^acie passed within . nail In the Yucatan
Channel and that Ehe reported no news."
"Not in the Yucatan Channel. We passed
the Eagle soon after leaving Key West."
"She passed within haiir* 1
"That la my recollection."
"And reported no newsT"
"Yes."
"As you sent the Scorpion to communicate
with her do you not think you were in error?"
"Ao. I do not think I am mistaken."
"Did the Ragle report anything else?"
"No; only that she had no news."
WASHINGTON. Oct. 29.— Judge Advocate
Lemly resumed the cross-examination of Rear
Admiral Schley after the court convened at
11 o'clock to-day. 'When the court adjourned
yesterday he was" still questioning the wit
ness with reference to the cruise from Clen-
Juegros to Santiago and he resumed to-day
where he had left off yesterday, asking a num
ber of questions relatlns to the condition of
the weather on May 23 and 26, the dates of
the voyaee. ,He also reverted to the detach
ing of the Eagle from the flying- squadron and
brourht the witness to the consideration of
several other minor details of that '.movement
before coming to the meeting with the scout
boats, twenty-five miles south of Santiago on
the evening of May 2». when the retrograde
movement toward Key West in search of coal
was be^un.
Judge Advocate Resumes Cross-Ex
amination of the Admiral.
TESTIMONY OP SCBXEY.
In the course of the cross-examination
the admiral said he regarded the depart
ment's dispatch rather as a suggestion
than as an explicit order, & suggestion
which he carried out after the sea had
abated and the coal supply of the ships
had been replenished.
Throughout the strain to which the wit
ness naturally was subjected while under
examination the admiral retained his cus
tomary composure. Only once or twice
did he display impatience or weariness. At
one point when asked a question he re
plied that he had been asked the same
question yesterday, at the same time tell
ing what his reply, had been then. On
another occasion, when he was being
searchtngly interrogated as to his dis
tances from Bhore at Cienf eugos and as
to whether the distances were a matter
of record, he responded rather tartly:
"Oh. no. I did not know these ever
would become a matter of such great Im
portance or«I should have platted them
and made a memorandum as I would of
many other things." /
The mam points to which the cross-ex
amination was directed to-day were the
ability of the ships to coal off Cienfuegos'
and the reasons for what is known as the
"retrograde movement.^' The latter point
was dwelt upon with much emphasis and
detail and had not been disposed of fully
when the court adjourned. The admit al
gave three reasons for turning back:
First, the statement of Captain Sigsbee,
who cemmanded the scout ship St. Paul,
that the enemy was not in Santiago; sec
ond, the opinion of Nunez, the pilot, that
the entrance was too narrow and shallow
for the Spanish fleet to enter, and third,
the ambiguity of the department's tele
cram.
The judge^ advocate, in conducting 1 the
cross-examination, used a carefully pre
pared typewritten list of questions. They
called lor a comparison of statements Ad
miral Schley has made either in his direct
testimony. In his communication to the
Senate or in his dispatches to Admiral
Sampson or the Navy Department, with
the testimony of witnesses who have pre
ceded him and the logs and signal books
of the other vessels ot the fleet. Tne ques
tions were not asked in chronological or
der, but jumped from one subject to an
other and from one stage of the campaign
to another.
The progress made was ex
ceedingly slow. Practically the whole day
Was consumed in questioning the admiral
about the cruise from Clenfuegos to San
tiago end the motives and influences that
governed him in turning: -back -after his
squadron . had arrived ,in the vicinity of
the latter port. This latter branch of the
cross-examination had not been concluded
when tbe court adjourned. -
The blockade at Santiago, the recon
noissance on May 31 and the "battle of July
2 still remain to 1 be- covered. It is hardly
probable that the judge advocate can con
clude before adjournment . to-morrow.
After he finishes quite a number of ques
tions prepared by the members of . the
court will be submitted.
__ _. WASHINGTON. Oct. 29.— The
Vi \\ V cross-examination of Admiral
\J\J "Schley was continued through
V V the court of inquiry to-day.
"Did you on May 24, before McCalla report
ed that the fleet was not In Clenfuegos. con-
"The log -of the Brooklyn shows that on
May 24 the sea was smooth. Why then on
that day did you In your report to Admiral
Sampson express apprehension of difficulty In
coaling off Santiago?"' \
."As I have stated before a sea that would
be smooth for. the Brooklyn would be rough
for smaller vessels."
The admiral was then proceeding to read. the
signals from the Iowa, > Massachusetts and
Texas to the. flagship relative to coal when
Captain Lemly Interrupted to say that the ad
miral had already testified to those signals
in his testimony In chief, whereupon Captain
Parker protested that It was unfair, to the
witness to ask for signals and then stop him
as soon as he had begun to comply. Captain
Lemly. disclaimed any desire to be unfair. What
he wanted was signals Indicating solicitude for
coal. Thereupon Admiral Schley proceeded with
the reading of the signals. After he had read
about twenty he looked . ux>.
"Do you want any more?" he Inquired.
"Not unless Captain Parker does," replied
Captain Lemly. .„\u25a0:-. . .
"I am satisfied. If the admiral is," observed
Captain Parker. '\u25a0 . .
"Which of these signals Indicates solicitude T"
Captain Lemly asked. , .
"I should say all or most of them," replied
the witness.
Captain- 1 Lemly at this point went back to
the stater of the sea.
In response Admiral Schley said that when
the Iowa arrived at Clenfuegos she only had
about half her coal supply aboard and almost
her first request was for coal from the collier.
"Did Ehe get coal?" - . -
"Yes. She took on abput 200 tons.". ...
Questions as to Coal.
Captain Lemly asked the admiral to point
out the signals of the Massachusetts and Texas
showing solicitude about coal and also to In
clude \u25a0 the Iowa.
"I -think all the vessels were more or less
ehort of their complement, and considering
the fact that they ought' to be fit for any
service and , for every service that In -arriving
off the port we should be more than half or
three-quarters full."
"How about the Brooklyn? Ehe had plenty
of coal, did she not?"
"I don't think there was ever any question
about the Brooklyn."
"How about the Massachusetts?"
"The Massachusetts and the Texas were con
stantly solicitous about coal."
"Did you In the same dispatch , Inform Ad
miral Sampson that one of the battleships had
been coaled on that day?"
"1 reported that fact to him on May SO."
Referring to the blockade of Santiago. Captain
Lemly asked the witness why he had sent a
dispatch to Admiral Sampson that "on account
of short coal supply, cannot blockade them (the
Spaniards) in. Santiago ?"-
"I meant that if we could not have coaled off
Santiago, we could not have stayed there."
"Did you state that condition T'
"No; I did not state that condition. That
was the impression In my mind."
"What did you mean by the report. 'I shall
not be able to remain off that port (Santiago)
on account of short coal supply?' "
"I was aware of that regulation, yes; but
my papers after being boxed up were inadvert
ently sent after me to Porto Rico after ' the
close of the campaign. I did not return to the
Cnited States until. November.. I then deliv
ered them as required." 1
Captain Lemly then questioned the witness
regarding the wind off Clenluegos while the
flying squadron was there. Admiral Schley had
stated in his testimony In chief that the wind
then was fresh. Captain Lemly called the at
tention of the witness to the log of the Brook
lyn for May 23 and 24. The log showed the
Etate of the wind at different periods on those
dates, varying from one to four.
"WhJ 1 did you. on the day the Iowa coaled
from the Merrimac, May 23, inform* Admiral
Sampson that coaling off Clenfuegos was very
uncertain?" . . , ,-',\u25a0> -•-:,*
"Simply on account of the weather."
"You coaled one of the battleships?"
In response to other questions Admiral Schley
said there were three or four boats stretched
across the harbor at Cienfuegos. -
Captain Lemly called the attention of \u25a0 the
witness to the fact that In his former, testimony
he had said that Lieutenant Wood had reported
him as speaking disrespectfully of Admiral
Sampson, calling him captain. The admiral re
plied that he might; have got Wood confused
with Hood and upon referring to the c»Sfrt rec
ord he said it was true that Wood had not so
testified. The admiral was \u25a0 again questioned
concerning the return of his papers to the Navy
Department. •• \u25a0 \u25a0
• '•All my papers," he replied, "were packed In
a box and so far as I know not a single one was
left, except some blueprints, and the second
copy of the 'Dear Schley* letter, which was put
in an envelope and retained."
"You were aware of the department's regula
tion requirine- that all papers should be re
turned upon surrendering a flagship?"
"There were none. I do not consider that
the regulations or customs required written in
structions."
"Is It not the unwritten law at sea that the
vessels In squadron shall follow the flag?".
"Yes, except under, certain circumstances."
"What • circumstances ?"
"Well, a vessel might see one of the enemy's
ships drop out and follow to attack her. That
might be one of the circumstances."-
"Yes," replied the witness; "but as the en
tries do not show the speed it is impossible
to tell the distance. We usually steamed as
slowly as possible, simply kept tsteerage.-way."
"Had Cervera's fleet appeared • during the
nights you were at Clenfuegos. either coming
out or coming in from seaward, what, under
your instructions, would your fleet' have done?"
"Knocked them out." (A stir In court.)
"What were your Instructions?" I '
"To follow the flag — Instructions given at
Hampton Roads." "
"What were your written instructions?"
Admiral Schley said he kept a close watch
at day and at night, while awake, while off
Cienfuegos. He said he had seen no auxiliary
cruiser or gunboat near the entrance to the
harbor, as testified to by Lieutenant Griffin.
The witness had an Indistinct recollection of
having seen the mast or perhaps the top of
a pipe over the hills.- He saw nothing larger
coming near the mouth of the harbor than an
ordinary steam launch. '•\u25a0•;'» '\u25a0/:
In response to a request from Captain Lemly
the witness read extracts from the Brooklyn's
log,, with a view of showing that the admiral's
memory had been at fault when he had stated
that the fleet was closer in at night than dur
ing the day time. The admiral had also testi
fied that the set of the current was toward
the ehore. The log showed that at various
times the squadron had steamed in as well
as out. Captain Lemly called his attention to
the log on the following day. May 24, and
asked him whether these entries In the log
should not show that the ships steamed both
in and out.
Schley Was on Watch.
The admiral, In answer to another question
by Captain Lemly.- said he had platted the
distance on a chart for his own information.
He did n °t know this would ever become a
matter of such importance, otherwise he should
have kept the memorandum as he would have
kept a great many other things.
"In the daytime I took a bow and beam bear
ing. This, together- with the surf and the
land, seemed to confirm that that distance was
correct."
Reverting to the blockade of Cienfuegos, Cap
tain Lemly asked the witness how he estimated
the distance of the blockading fleet to be be
tween three and four miles from shore.
Instructions Sent From Washington to the Com
mander of the Flying Squadron Are Declared by
Him to Have Been of a Very Ambiguous Character
ORDER FROM THE DEPARTMENT
NOT CLEAR IN THE WORDING
REAR ADMIRAL SCHLEY TELLS MEMBERS OF THE NAVAL COURT OF INQUIRY
REASONS WHICH IMPELLED HIM TO MAKE THE FAMOUS RETROGRADE MOVEMENT
assertion made by a pilot '
One cause for departure
Assurances Given by Nunez and Also by Captain
: J h Sigsbee of the Scout Ship St. Paul That Span
ish Fleet. Had Not Passed Into Santiago Harbor
keep me informed. Those ' scouts represented
very largely, the cavalry of an army, and If
they were unreliable they should not have- been
placed there. I must have relied upon what
they said." '
Schley again spoke of the dispatch of the de
partment indicating that the Spanish fleet was
still at Santiago as ambiguous and said that
the information that there were Cubans five
or six miles west of Santiago- was erroneous,
for the Cuban pilot, Nunez, had informed him
to the contrary. He claimed that the dispatch
also was ambiguous In the matter of coaling
the Harvard from the Merrimac.
"Why do you revert to No. 7 when you had
dispatch No. 8 in your possession?" . • '
"I merely reverted ' to No. 7 as one of tha
doubtful questions." ; '\u25a0-\u25a0-.
"If you will look at the memorandum of No.
8 you will also find that Admiral Sampson
held to the view that when you left Clenfuegos
the Spanish squadron probably . would leave:
Santiago." .
"Of course, lf,I had gone to the eastward
and exposed the westward there might have
been more serious consequences."
"Now do you note in this communication
which you have, been referring to these -words.
The department looks to you to ascertain
facts and that the enemy, . if therein, does - not
leave! without a decisive action.' Did you take
any steps further than you have stated to
ascertain the facts?" V.
"No. I thought that the Information -which
I had was pretty conclusive. • I did not see
anything in this dispatch, however, that par
takes of an order; It is rather a suggestion.
There Is a vast difference between communica
tions .that come to you in the nature of sug
gestions and. those that come to you in the
nature of orders. I think the department
never hesitates to 'order distinctly when it is
decided about matters. All this points to the
fact that there was no certain Information In
the possession of anybody . that the enemy was
really there and that which they had was not
to be relied upon, or that it was untrust
worthy."
"In regard to this landing place five - or six
miles west of the harbor you say. you ascer
tained subsequently that the Spanish were
there and not Cubans?"
"So Nunez stated on the 1st. and upon that
I predicated the remark that if .we had land
ed in that position probably we would - have
been gobbled ui>."
"You did not try to land there?"
"No. thank God. I did not."
"You did . not follow up that cue and find
out at \u25a0. that time whether insurgents J were
there, did you?" • *
"Perhaps It is luclty I did not."
"Don't you think perhaps it might have been
lucky if you had?" . \u25a0
"No. I do not think so." ' '
"You did not know really who was present
there at that time?"
"Personally I did not know, only In the light
of what I subsequently heard."
"Did you not in fact finally accept the dis
patch of the department as an order to re
main off Santiago and so Indicate In telegrams
and signals without yourself acquiring- any
further Information as to the whereabouts of
the Spanish fleet?"- i •\u25a0
Raynor— The word "remain" is not in that
dispatch. It is in the Secretary's letter. I
think the Secretary has Inadvertently fallen
Into an error about that. -\u25a0 :•
Captain Lemly— "What is the point of the
question?-
Raynor— My point is that you. use the word
"remain" in referring to the dispatch and the
Secretary of the Navy used the same - word,
when the word- "remain" Is not In the dis
patch. - - . •..
Captain Lemly— I had no point to mak» on
that \u25a0 I simply read that word "remain" .'in
trying to paraphrase the question. J-. 5" -.
Rajtnoiv-It-lsinct a. correct paraphrase. -•• .\u25a0• >
" Captain Lemly— The wbra. "remain" Is not
in that (reading) : "The department looks to
jnu to aseertain tae^, 11 ; tha enemy is in
there do not" leave without declslva action.
Raynor — The enemy did not leave without a
decisive action and he did ascertain the faots.
but the trouble Is the Secretary of the Navy
has used the word "remain." You see it im
plies there was a dispatch to him. to remain
at Santiago.
Captain Lemly— Then I will change my ques
tion and ask if you did not accept it as re
questing you to return and if. as a matter of
fact, you did not remain off Santiago after
that?
Admiral Schley— No, . I think that my reason
for remaining- ... .
Captain Lemly— Remaining or returning?
Admiral Schley— I mean remaining in .that
neighborhood.
Hanna — The Impropriety of your referring to
a letter of the Secretary of i the Navy j is ob
vious. .. .,•
Raynor— It Is in evidence.
Hanna— It is in evidence, hut it has no rela
tion to the subject.
Raynor— Don't say that a letter of the Secre
tary of the Navy is not in evidence. It la as
much in evidence as' any documents in tha
world. This is a very important matter. It
Is an Inadvertence on the part of the Secretary
of the Navy, entirely unintentional. "He uses
the word "remain" when that word is not in
the original - dispatch. \ 7 4
Captain Lemly— If the court please, this is
what they call In football "Interference." and
It Is for no other J purpose whatever than to
interfere with the examination of this mat
ter.
Captain Parker— It is "interferenca" that fre
quently wins the game.
At this point the court took Its usual recess
for luncheon. After the recess Captain. Lemly
repeated his question of. tha forenoon as fol
lows: '
"Did you not accept it (meaning tha order
referred to previously) as requiring you to re
turn? As a matter of fact did you not re
main off Santiago after that?"
Admiral Schley— I said -that after the coaling
efficiency of tho squadron had been established
on a basis of -equality, and as we were not
very distant from Santiago. In view of ths
Secretary's suggestion I returned to ascertain
definitely whether the enemy was In port.
Upon our return we 'discovered' the Spanish
squadron in the harbor. We may. have been'
perhaps four and & half miles or four miles.
"We were always nearer at night than In tha
day time.
Captain Lemly then asked If tha picket
boats were two miles inside of the squadron.
Admiral Schley replied In the affirmative and
added: "I think it would not have been diffi
cult with night glasses to see them. The nights
were pretty clear there for some time. I In
variably looked for the pickets befora going
below."
"Did you designate the formation of tha
squadron under your command prior to June*
1, when blockading oft Santiago as a line of
battler'
"Yes. I was hi lino of battle all the time,
in column." • ' /
"Did you discuss with any. of .yoor captains
the plan of battle as outlined in. your evidence
In chief and the changing from column to tine
of battle?"
"I do not really remember tha full extent
of the discussion, but It was a general ex
planation of the plan. . Why I say that is
because Captain Evans said to me: Then you
propose to charge Into the entrance.' and that
would lead me to Infer that ther» must hava
been some explanation, because that was tha
purpose. If we were in line or column of bat
tle off the harbor and the enemy should appear
a wheel would bring us In line directly for
them and- another wheel would bring us east
or west if -they turned east or west.,, .That oc
curred to nje as a very facile and moblla move
ment. My scniadron was small' and I had to
keep It together as a unit."
At this point Admiral Schley complained of
sensitiveness In. his. throat and tha court ad
journed ten minutes in advance of tha' usual
time until 11 o'clock to-morrow. •• -\u25a0
Yesterday afternoon the '. nine negroes
wLo \u25a0 were left In a heap, where : they had
aled ; were-,'., piled Into three unmarked
graves dug. near the ' charred remains ' of
Lott's tent . house. \u25a0 There - was no* cere
mony. The missionary and -his daughter
filled one of the holes and the women and
child another,; the men a third. \u25a0'. "At '*\u25a0 the
same time prominent • citizens held a con
ference, which was : attended : by. : Sheriff
0;H..i..H-.i^.i..:..i..i.i..i..i.:i.^.,i.^..f,, I .^.0
Sad All They Desired.
For twenty-four hours It looked , like a
general uprising- ' to ' wipe out the black
race In "Washington parish. The news
spread like wildfire and yesterday over
lODO armed men had reached the scene of
battle. v They came from miles and : miles,
some from as far away, as Montlcello.
Sheriff Norman H. , Simmons and J. K.
Johnson, clerk of the : court ; of the par
ish, arrived from Franklin •. : yesterday
morning and the feeling; subsided.
Governor Longlno a of Mississippi and
Governor Heard of Louisiana were . noti
fied and replies came that troops would
be. hurried to the scene. ' " y >
ed whites, were carried away to the
home of F. Zones, about three'; miles
through the pine woods, which was has
tily converted • Into . a hospital. There
Seal died yesterday. v He was burled this
evening?. from his home In Verando, six
miles away. In . tho . Zones Emergency
Hospital Elliott now lies dying. :
THE SAN CALL, WEDNESDAY; OCTOBER 30, 1901;
Captain Lemly — And you were satisfied from
these, without • taking any steps whatever to
ascertain If this order or 'these reports were
correct?
"I ascertained for myself through the me
dium that the department had placed there to
"In your testimony you say that you did not
disobey orders when you started westward be
cause : you returned to your station without
further direction. Am, I right?"
"Yes." " " -. .
"Upon receipt of the Instructions did you
not, nevertheless, leave your station?"
"Yes, I did, for these reasons: First, because
Captain Slgsbee, a scout placed In front of
Santiago harbor, Informed me that he did not
believe the Spanish fleet was there; second,
because Nunez, the pilot, told me he did not
believe the enemy's fleet could enter the har
bor; third, the order No. 7, with the accom
panying memorandum In which Admiral Samp
son minimized the Importance of this squadron
being there and the fact that the department's
telegram which reached me on May 27 was so.
ambiguous in its terms. It authorized me to
coal at Gonalves, Hay tl. or at Cape Cruz, Gon
aives, being to the eastward, and knowing that
Admiral Sampson was at Bay Francis, In the
Bahama channel to the north, it occurred to me
that if the Spanish squadron were extant the
proper strategical move was to go to tne west
ward and not the eastward. I was authorized
in the same telegram to move as far west as
Cape Cruz, provided coaling had ''been found
p osslble there. I did not go to Cape Crua
within eighty miles, I think. Now those were
the influencing, and the operating motives. I
felt that the move west was strategically the
proper one, with- a determination to coal as
quickly as possible, i and that the efficiency of
any squadron as a unit was only equal to the
efficiency of the coal supply of . the slowest
one that composed It. - These were the mo
'tives which caused that movement. The . am
biguity of the telegram from, the department,
I think. Is manifest almost at once, because It
states first specifically ' that all the depart
ment's Information indicated so and so. That
Is that the Spanish fleet was still at Santiago.
It pointed out a place which at that time was
not accessible, and. lastly, it looked to me to
determine and report whether the enemy was
In port or not. Those were the "Influencing mo
tives."
The Disobedience Charge.
,. In . reply to a question the witness saM that
the Merrimac had signaled her accident on
May 26, at 6:15 of that date and that at that
time he was heading toward Santiago.
Referring to' the beginning of, the westward
movement at that time, Captain 1 Lemly called
Admiral Schley' s attention to the fact he (the
witness) had said in his testimony in chief
I * £ s s^ 011 as the sea had calmed down he
had begun to coal, considering himself better
able to Judge than any other officer. Captain
Lemly then had the witness examine the log
of the .Brooklyn for the purpose of bringing
out the fact that during the day of the 27th
the. barometer was rising, .the breeze dying
down and the sea becoming calmer.
•Notwithstanding Improved conditions,
did. you not steam twenty-three miles to the
westward that day before attempting to coal?"
After looking .at the log the admiral said
that according to that memorandum he had
b teamed eighteen^milea. Further, the admiral
stated that they had been obliged to steam
three or four knots farther than they needed
to. overtake the Yale, which did not respond
to y the Brooklyn' s . signal.
In what way did Lieutenant Southerland
make known his regret that he had to leave
the squadron for coal?"
"By, megaphone."
'You say he did not protest against leaving
the squadron?" - "
\u25a0 .'.'SJo... he., did . not. - Such --* protest would
have been so extraordinary that I would have
remembered it, I am sure. I do not remem
ber, as he testified, that he begged to coal
alongside. That would not have been pos
sible. I -was : principally directed by the mo
tion of Ida vessel."
your captains while making thia passage from
Clenfuegos to'Santlag.o \u25a0 In regard to the look
out for the Spanish -fleet?" -
"I did not give any special instructions. They
had their general instructions." '
.."Referring, to the ''Adula, which Captain Cook
said he boarded as a -suspicious craft, do you
know she -was afterward captured and con
demned-as a prize?" .'-,-.
"I do not kriowwhether It was the same ves
sel or, not: I: never saw her -afterward. There
certainly mas nothing to me In the examina
tion of her that Indicated she was a suspicious
ship. She was duly Certified by our State De
partment to enter, the port, of Cienf uegos."
"Did you say in '.any 'one of your communi
cations of -May 27 .to .the- department that the
\u25a0weather'' was" boisterous "since . leaving . Key
"West?"-'' . ii ,.;„--'. \u25a0 •,-.-.- :
The Judge advocate then asked the witness
to examine the log of; the Brooklyn .from the
19th to the. 27th. He read to the court the en
trl«s.' Going back to the Adula incident," Cap
tain Lemly asked If she had authority from the
State Department to enter Clenf uegos. . . The
witness replied that she'carrled an'authoriza
tion from our Consul General at Kingston. \
"You testified that on the Journey , to San
tiago the Eagle's forward compartment filled
with water, When did you learn this?" .
"I do not recall exactly. It Is pretty hard
to differentiate what I knew then and what 1 1
learned later."
"But you have testified that you had. pretty
good recollection and very little imagination."
"I did." . , • " . •
"And that your recollection was better than
Folger's." . • . .•\u25a0\u25a0•
"Yes, I think It was upon that particular
point. 1 '
"The point Is, did the fact that her com
partment filled with water have anything to do
with your sending her away 7" .'•
"I do not think It did; it was her coal sup
ply that governed." ~
"You testified that Southerland signaled to
you that he was dangerously short of coal?"
"She reported to me, I do not recall whether
by signal or megaphone. She came up under
our quarter."-. \u25a0
"Did she not signal . to you before leaving
Cienfuegos that she had five days' coal aboard
and that in six hours she, could take on
enough to last nine days?"
Without waiting: for a reply Captain. L#mly
read a signal to this effect from the Eagle
to the Brooklyn, but In the Brooklyn" \u25a0 log the
answer was recorded in reply to the Brook
lyn's questions as to how much coal the Eagle
had for steaming at ten knots: "Nine days at
ten knots." Captain Lemly then read the coal
report of the fleet -for May 26. showing that
the Eagle on that day reported to the Brook
lyn that she had twenty-eight tons.
"Can you state whether the squadron made
better speed after the Eagle was sent away?"
"You asked me that question yesterday and
I eaid I could not recall. The wind had gone
down, and I think had changed In direction,
and the possibility Is that she may have
made a little more speed, perhaps not ma
terially more."
AD Cervera s ; fleet appeared during the nights ;you were at.Cienfuegos, either coming out
or coming in from seaward, what, under your instructions; would -your fleet have done?"
"Knocked them out." (A stir in court.) : a :: -
.'.\u25a0'\u25a0 "..-"What were your instructions?" : ; - - .
. "To follow the flag—^ ii^structions given at Hampton Rd^ . ' \u25a0.. .
"What^were^yqur written instructions?" .' . '
"There iwere/none^ I'do not; consider that the regulations or customs required writ-:
ten instructions?,'^/, „\u25a0 ' * ," s * ,1*':],\ . \. *:. V t . .. : '\u25a0.
"Is -it not the unwritten law at. sea ihat the vessels in squadron shall follow the flag?"
"Yes/V except undei* certain circumstances." . ,
"Well, a vessel might' seeone of .the. enemy's ships drop out, and follow and attack her.
That might be one of the circumstances.-"— From the testinwny given by Admiral Schley I
tinder cross-examination. \u25a0 .'\u25a0 2 ' \u25a0\u25a0 Cf': ,k ; ' - \:' : v'"
SCHLEY SAYS IF SPANISH SHIPS HAD APPEARED
AT CIENFUEGOS HE WOULD HAVE DESTROYED THEM
2
FOR MAYOR, i
i p i n 11/ ri p
fljfl It WllLv);
REPUBLICAN NOMINEE.
».. FOR . . ....
AUDITOR
HARRY BAEHRi
- Regular Republican Nominee.
VOTE FOR
JOHN FARNHAM
- — FOR—
PUBLIC ADMINISTRATOR.
REPUBLICAN NOMPTEH.
FOR TAI COLLECTOR,
Joseph Fassler
. Democratic : Nominee,
- VOTE FOR
bboland;
.'.*.".\u25a0 Democratic Nomine* for
- PUBLIC ADMINISTRATOR
. • (Incumbent.)
ADVERTISEMENTS. ,
SEASONABLE HiNTSw
Guard Your Health in Fall and Early
"Winter. ' • v
A change from warm to cold Is always
attended with more danger than from a
cold to a warm temperature.-hence the
greater mortality • from lung and throat
diseases at this season of the year, as
compared with spring. • \u25a0 ;.
The best protection against colds la not
so much in extra clothing as in good di-
gestion. \u25a0 :\u25a0 ' ji. \u25a0\u25a0'•-\u25a0. . .
If the digestion and circulation are good,
colds will be unknown. ~ • -
Poor "digestion causes poor circulation
of the blood, and when in this condition
severe colds are. contracted on the slight-
est provocation. '" . •...•-
People who make a regular, practice of
taking Stuart's Dyspepsia Tablets after
meals are free from colds simply because
their digestion is perfect, the -heart strong
and regular, and the whole system forti-
fied against disease. ' \u25a0
It requires little argument to convince
any one that the best safeguard against
colds, pneumonia and changes of temper-
ature is a good stomach. . . v ' ' ,-
J "Stuart's . Dyspepsia Tablets .taken after
meals are dissolved, and mingling with
the food cause it to be promptly digested
and assimilated; they do this because they
contain nothing but - harmless digestive
elements, which • digest meat, eggs and
other food even when. tho stomach Itself
is weak and flaccid. - "... \u25a0>" "
Stuart's Dyspepsia Tablets make people
well and keep them well, and the best
habit you can acquire is to keep dally us©
of them at meals to make the digestive
organs strong and vigorous.
CITY ATTORNEY,
Judge J.E. Barry
Regular Republican Nominee. .
ror lax Collector,
Edw'd j. Smithy
Republican Nominee.
For SHERIFF,
John Lackmann,
Regular Republican Nominee.
Fop RECORDER^
Chas. E. Corey >
Republican Nominee.
ADVERTISEMENTS^ ';
Difficult Digestion
That is dyspepsia, v : ; -
It makes life miserable. ' , .
Its sufferers eat not because they want to.
• -but simply because they jnust. : -
They know they are irritable and fretful;
but they cannot be otherwise. '.
''•They complain of a bad taste <in the
mouth, a. tenderness at the pit of the* stom-
ach," an uneasy . feeling of i pufly fulness,
headache, heartburn and what not. ,
, Thcf effectual remedy, proved by perma-
nent cures of thousands of severe cases, is
Ho oil's SarsaparUla
t . Hood's Fills are the best cathartic.
DR.MEYERS&CO,
Specialists. Disease
and • weakness .-, of
men.' : v Established
1881. Consultation
and "i private book
free, 1 at office of'b'y
mail. Cures guar-
anteed. T31 Mar-
ket street >g (eleva-
tor entrance), San
Francisco.'
Stops the Cough . \
And works : off • the cold. ? ; Laxative : Bromo
Quinine Tablets cure a cold in one day. No
Cure, No Pay. Price 25 cents. •-
\u25a0-\u25a0-/.. .....-,
' \u25a0 * \u25a0 * \u25a0 '
- . . Jt? v^JJbC . . .
mayor;
JOSEPH S. IOBIN,
Democratic Nominee.
APPLAUSE FOR THE EVERETT.
s—* f^ — -^*^^ , — | — TttJif This is a new piano in a new; field,
fr\_S ' " tkjil ar ?^ so '^ exclusively by Frisco's new
f VrT ' ygv \ I jldB P' a . no House. The Everett is the
I 'l Wr^rl 0my*iW3$«J 11^8 "Piano Automobile" of the present
if r£*£^U v-/ J&Z5& If! raws < * ay- ** w ' ns t^ ie a Ppl ause of both
j ' -~'-± V±r * • lU'Ftla amateur and the profession.
£ mmmmmm^~ tHE§| e Everett we handle the* Steck,
fj^j i .^^^i^, , ,*"l~j* cc! Hardman, Packard, Ludwig, Har-
t!^^',.^_~~~~" '""^1 pig JEWS rington and Straube, and we invite
.^^^^^SgS^jgggMfc; <3^ trel vour earnest, consideration of the
if! <\u25a0 W? V >*^-^^^^^fil| {Hf P" ces ™. e ma^ c on tllese most niagni-
/fi^VV j^l Js^t^Zi 1 li'l&ll On January I we move into our ;
fiil^V// 7?Y'£r : ?zL = .A rfpvl new warerooms at 931 Market street.
l|S5l\ \tM£^^?MkW\ At the P resent tim e Pkase take ele-
V^fP&i V "'•W^^P^ vator at 933 Market street for our
N^So^y ys^'vRicMT C].??^ « warerooms on the sixth floor, and buy
\u25a0 * "^SSai<^>rr -^' £ piano at A WHOLESALE PRICK
THE W|LEY B. ALLEN CO., 933 Market Street^San FranciscQ,
(Branch Stores at Oakland, AlamedaandiSanJose^>
CALIFORNIA
'I IB \u25a0\u25a0"•\u25a0\u25a0\u25a0\u25a0 w% - - \u25a0 "
I I hJI I I I - II
I ' I liil I I V II " \u25a0
\m I III I v I Li' w3 ' *
"THE SUPERIOR OF
THEM ALL"
Everything that tends \i toj
.speed, comfort, pleasure and
luxury . unlimited. Eewrvs
* \u25a0 berths for .this famotis train
at 641 Market street.
it LEAVES EVER/ MONDAY AND
tHURSDAY, 9.00 A.M., ON THE
SANTA FE