Evening Star Newspaper, October 28, 1901, Page 2

s << a THE EVENING STAR, MONDAY, OCTOBER 28, 1901-14 PAGES. A CARNIVAL OF VICE London Times Correspondent Reiter- ates Statement About New York. CITES ITS OWN PAPERS IN PROOF Burglaries, Assaults and Even Mur- ders Are Frequent. SS ROBBERIES ON PARK ROW eget LONDON, October 28—The Times this |, ~-morning prints the following New York dis- patch Yours of Thursday regarding the condi- tion of New York has been telegraphed ack here and has raised a storm of pro- foner of Police Murphy calls {t ‘wicked lies and maliciously false.’ Com- missioner Murphy has so characterized tack on the police since he became but in this case he is sup- newspapers, even by those Tammany. One alls the dispatch ‘fiction,’ and the of other papers {s similar. ver was a better illustration of the charactertstic, which has been many visitors to the United States, g as the criticisms of anything an are printed in the United States aid. But outside criticism is T test. Commi every commissioner. opposed to den: i fhe very papers which de- elared the dispatch to be a lie have been printing articles representing tie condition as being deplorable. On y evening paper gave o aries which had been commi:ted ¢ days, In a single section, with the “What Burglars Are Doing While Police Sleep.” York heading Tammany’: Reports of Robberies Suppressed. “Another paper the same day said: ‘Re- robberies are suppressed by wholesale. As a matter of fact, the police are afraid to make arrests. There are five precincts within a short distance of head- quarters in which robberies and hold-ups are the rule rather than the exception. It fs a fact that the police have orders not to make arrests between now and election, un- less absolutely compelled to do so.’ “Then follow details of a number of cases of crimes down town. In one case the victim shouted for the help of a po- Mceman who was twenty-five yards away, but the officer turned and walked in an opposite direction. ‘A morning newspaper yesterday printed n hi ef u ‘Thefts and It > complaints of crime com- y made to policemen were ions, the thorough- > shown to is vile a resort Five Points during its most evil days. Then follows a detailed, long list of recent robberies on Park row.” ++. MR. CRIDLER’S RETIREMENT. ports of Has Not Yet Formally Resigned His Position. Mr. Thomas W. Cridler has not yet igned hi on as third as- | cretary of state, there is a per- standing between Secretary Hay | f on the subject and Mr. Crid- | ave the service of the State De- | when he has concluded his ar- ts with the Louisiana purchase commission. It-is understood ly some small matters of detail th this arrangement that de- 1 r of the resi i se MISSION OF PRESIDENT BUSH. Seeking Attendance of Officials at LineoIn Day Celebration. m@ Mr. William Lincoln Bush, president of the Marquette Club of Chicago, has arrived fm Washington and is seeking to secure by ation the attendance of some here at the annual Lincoln 2. When go on his last trip | . Mr. Roosevelt, then Vice Presi- | nable to attend the October willingness to go to on of the Lincoln day TRO LANZILL Wants 878,261.45 From Guatemala for Alleged Trespass. Pietro Lanzilli, formerly of Guate- now a resident of this city, has aim at the State Department government of Guatemala for ss upon his per- property by the officers of the 1 government and for breach of ial of judgment." 45 for ‘TORM AT VANCOUVER. Steamers Forced to Seek Shelter From Rough Se: VANCOUVER, B. C., October 28.—The se- | Yerest storm of the season broke over the | northern coast last w and for three | days shiy was nearly at a standstill. Skagwa. rs were forced to seek shel- | ter, and the amers New England and which have arrived here, report a was the roughest seen on the for a year. just above the Indian of Inverness, the building of the Church of England was demolished and half a dozen other buildings were blown over. ++ RAPIST’S VICTIM DIES. Annie Etter of Reading, Pa., Suc- cambs to Her Injaries. READING, Pa., October Annie Etter, aged fifteen years, who was found ina lot early yesterday morning bruised and bleed- img, died at the Reading hospital today without having regained consciousness. Public opinion is wrought up to a high pitch against George Gans, who, after be- ing placed under arrest, made a partial con- fession. Gans admits that he met the girl on Saturday evening and took a trolley ride with her. He then pretended to see her safely home, but, it Is alleged, lured her | through an alley into the lot, She resisted his advances and was horribly beaten. ———e AUTOMOBILES FOR THE ARMY. Broke Down After Four rom New York. General Bates, Lieutenant Colonel Reber and other gentlemen who have been test- ing a new rapid-transit automobile with a view to ascertaining its value as an article of war equipment, returned to Washington last night, having been four days on the Toad from New York. They came with the machine to within twenty-five miles of Washington, but as one of the boilers gave out at that point they were compelled to jays’ Run make the remainder of the trip by stage and trolley. General Bates will make a Feport to t retary of War, embodying the views of made the trip. rr ATIONS STRAINED. ach of the gentlemen who fwo Organizations Contend Right Claimed by Both. ‘The rival claims of the members of local _Btone Masons’ Union, No. 2, and the Jour- *meymen Stone and Marble Cutters’ Asso Seiation, involving the right to cut rough ‘broken range stone for the construction. of %s building at the Soldiers* Home, have re- we@sulted in strained relations between the two organizations. It fs stated that the stone and marble cutters objected to that class of work being done by the stone masons, and informed them that it is ex- clusively the work of-members cf that &erganization. t = The masons, however, persisted in doing the work, and it 1s stated that the stone @nd marble cutters, at a meeting held last Over | Rev. week, decided to refuse to work on the job after last Saturday, which decision was carried into effect. The members of the association, it is said, will not return to work until the stone masons cease to do the work cited. It is probable that a joint meeting of committees representing both organizations will be held this week, when an endeavor will be made to settle the differences at issue. —_-+—__. MANNING SELLS OUT. Parts With His Stock in Base Ball ib to Postal of Detroit. It was announced this afternoon that ne- gotiations were in progress whereby Mr. James Manning, past owner and manager of the Washington Base Ball Club, would sell his interest to Mr. Fred Postal of De- troit, who has owned a considerable block of the stock. The present understanding is that Mr. Manning will sever all connection with the Washington club and that Mr. Postal will later choose another manager, The policy of strengthening the club will be continued, the salary list ranging about one-third higher next year than last season. a CASES. THE GAYNOR Assigned for Argument in Supreme Court November 11. The cases of Benjamin D. Greene, Jonn F. Gaynor, William T. Gaynor and Edward F. Gaynor were today assigned for argu- ment in the United States Supreme Court on the llth of November. These men were charged with conspiring with Capt. Oberlin M. Carter to defraud the United States. The present proceeding is a habeas cor- pus case coming to the Supreme Court from the district court for the southern dis- trict of New York, where a writ was de- nied. The purpose of asking the writ is to prevent the removal of Greene and. the Gaynors to Georgia for trial. Only one decision was rendered in the United States Supreme Court today. It was of the case of Fred A. McMasters, administrator of F. E. McMasters, for- merly a resident of the state of Iowa, The case involved the question as to whether an insurance policy goes into effect on the date of the application for it or when the policy is delivered. In this instance the application was made on December 12, 1893, and the policy was delivered December 25, 1893, when the pre- minum was paid. Provision was made for a day of grace of a month in the matter of the payment of the second policy. McMasters died January 18, 1895, six days after the expiration of the month of grace, if it was to be computed from December 12, or elght days before its expiration, com- puting it from the 26th of December, the anniversary of the delivery of the premium. The Supreme Court decided that the grace began one year after the delivery of the premium, thus holding the policy to be good, The opinion of the circuit court of appeals for the eighth circuit was reversed. —————— BENNING ENTRIES. Horses to Run in the First of the Handicap Races. The following are the entries for the first of the handicaps to be run at the coming fall meeting of the Washington Jockey Club at the Benning track, and give some idea of the class and size of the fields which may be expected at this meeting: New grand-stand hapdicap for three-year- olds and upward, seven furlongs—Buckley & Bailey, ch. g. Toddy; J. S. Bratton, gr. c. Prosper La Gal and br. g. Meddiesom: W. C. Daly, ch. c. Himself; W. C. Eustis, b. h. Knight of Rhodes; F. R. Hitchcock, bik. f. Guesswork; T. J. Healey, b. g. Car- buncle; M. L. Hayman, ch. f. Annie Thompson; M. Jordan, b. g. Tingal; J. Grant Lyman, br. g. Unmasked; J. A. Man- The Rhymer; J. J. Macke z y: M. J. Maloney, ch. g. J. J. McCafferty. ch. c. McAddie, b. c. The Puritan and b. g. Potente; McCorkle & Mc- hone, b. f. Louisville; J. W. Pangle, br. h. Flax Spinner; Reardon & Murphy, b, c. Alard 8. S. Randolph, b. f. The Ama- zon; B. Schreiber, br. h. Bannockburn; Sullivan and Harris, ch. c. Isia; H. B. Tay- lor, b. h. Lexington Pirate; Tracey & Co., b. f. Scarlet Lily; the Pepper Stables, ch. f. Roxane and b. c. Lord Pepper; R. T. Wil- son, jr., b. f. Lady of the Valley. se Sg ee Suit for $12,500. Thomas W. Smith today filed sult at la against Chester A. Snow to recover $12,500, claimed to be due the plaintiff in connec- tion with the sale of certain real estate. —— Private of Class One. Major Richard Sylvester, the superintend- ent of police, has recommended to the Dis- trict Commissioners that John C. Roussin be appointed a private of class one on the police force, vice Latchford, removed. n Adverse Report. W. A. McFarland, superintendent of the water department, has submitted an ad- | verse report to the District Commissioners | upon the request of citizens that a water Linthicum place east of ys there is no sewer avail- t the street 1s not dedicated as desired to run the water main. far as it i Neg at SN Asks for Jury Trial. Harry Craig was today arraigned in the Police Court on the charge of stealing $8 from Frank E. Davis and a watch, valued s from Mary L. Miller. He asked for trial by jury and was held by Judge a Scott In bonds to appear when wanted. —__—— Youthful Violators of Law. William Anderson, aged seventeen, and Fanny Parker, who is younger, pleaded guilty in the Police Court today of violat- ing the Edmunds law. Judge Scott fined the boy $20, with sixty days in jail in de- fault of payment, and by request of the giri’s father sent her to the girls’ reform school. ee Death of Convent Sister. Sister Mary Baptista died Saturday morn- ing at the infirmary of the Georgetown Convent of the Visitation after an illness of several weeks. The deceased was sev- enty-nine years and nine months of age. She was a native of Virginia, her mother and father having been also born in the state. To the world she was known as Miss Mary Linton. For fifty-six years she had been in the Georgetown convent. The fu- neral was held yesterday morning at the convent chapel, the arrangements being un- der the direction of Mr. J. T. Clements. Father Becker, S.J., of Georgetown University, assisted by Rey, Father De- vitt, S.J., celebrated a mass of requiem. The pallbearers were the Messrs. John A. Hee- nan, Joseph C. Murray, Samuel Collins, John Horrigan, Theophilus Clements and William Stohiman. The interment was in the convent burying grounds. Wills Submitted for Probate. The will of Albert Smith, dated Septem- ger 3, 1890, was filed Saturday for probate. His estate is left to his wife, Laura Ellen Smith, who is named executrix. By the terms of the will of John A. E. Mocney, dated April 21, 1899, and filed for probate, the following bequests are made: To his daughter, Sarah W. Mooney, $5,000, and the balance to be derived from the sale of a homestead in Michigan to be divided among his sons, William W., Edward B. and Frank P. Mooney; to his wife, Mary Mooney, the income of $4,000; to nis grand- son, $1,000, to be held in trust. The will of Georgiana Richmond Froth- ingham, dated the Sth of last July, was filed today for probate. Her estate is left to her husband, George P. Frothingham, who is named executor. —_»+—_—_—_ Building Permits Issued. Building permits were issued today as follows: Washington Litholite Company, to build two frame sheds in rear of Ist and M streets northeast; cost, $300. D. B. Clark, to rebuild wall of stable in rear of 21) 4% street northwest; cost, $175. E. Schwinghammer, for repairs to 407 7th street southwest; cost, $50. Joseph B. Moore, for repairs to 1209 R street northwest; cost, $40. Geo. M. Young, repairs to 1530 33d street northwest; cost, $30. Wilson T. P. Hill, repairs to 383 and 335 street northwest; cost, $30, CROSS-EXAMINED . (Continued from First Page.) Cienfuegos with the least possible delay? Was that blockade established with the least possible delay? A. Cruising as I was in the squadron we made against the cur- rent about as much speed as the squadron as a unit could. Q. What was your speed between Charleston and Key West? <A. I do not re- call that. I think we prescr! as) of about twelve knots. After I left Charles- ton some of the ships, I think the Massa- chusetts, complained about too much speed, but the conditions there were different. We did not have a two or two and a half knot current. I could make a speed of ten or twelve knots according to the revolutions of the engine, but the current might re- duce that speed to eight or nine knots. Q. I am referring to the speed set at Key West—it was twelve knots, was it not?’ A. Yes. But I do not think we made anything like that. Q. What was the speed set for between Key West and Cienfuegos? A. I could not recollect that unless I saw the log book. I could not recall it. The judge advocate referred to the log book of the Massachusetts in regard to the speed that that vessel was making. A signal from the Massachusetts in relation to the steaming powers of the vessel with the boilers then on was read, and the wit- ness said the signal probably referred to the use of coal. The signal showed that they were making ten knots. Q. (By the judge advocate): There was a difference of two knots between Charleston and Key West and between Key West and Cienfuegos. A. Apparently, yes. Q. Your orders to proceed to Cienfuegos instructed you to proceed with the least possible delay, did they not? A. I do not recall that any ships that joined me after- ward did very much better. Q. What speed was the Scorpion capable of? A. That would depend uport the weather. She took fire from her electrical apparatus or from her boilers, I do not re- call which, during that trip. 2 Q. Capt. Chester came on board May 20 A. The day after we left Key West. Q. Why did you not take him with the Cincinnati with your fleet instead of delay- ing from 12:40 a.m. until 12:05 p.m., when your orders were to proceed with the least possible delay? A. It was necessary to as- certain from him what his information was. We did not know where he had been or what his orders were. A reference to the log of the Scorpion showed that the fire the witness had spcken of was caused by the electrical apparatus, but the fire did not occur during the period of delay referred to by the judge advocate. The judge advocate read from the log of the S ion showing that on the 2ist of May, 45 p.m., the Brooklyn had slowed down four and one-half knots. He wanted that explained. The witness said that they slowed down until midnight because they could not have arrived at Cienfuegos before daylight, and he preferred to steam slowly because going faster would have answered no purpose. He assumed that they steamed slowly until midnight. The Meeting With the Marblehead. He said that when he sighted the Marble- head in thé Yucatan channel he did not know that vessel was from Cienfuegos until he communicated with it. Being asked why he did not communicate personally with the Marblehead instead of through the Eagle and Scorpion, as was done, he said that he assumed that the com- manding officer of the Marblehead, Capt. McCalla, if he had any important informa- tion would give it to him, as it was his duty to communicate any fact of importance to him. Asked if it was the duty of the junior offi- cer to communicate to his senior without the order of the senior officer, he replied that it unquestionably was the duty of the junior to volunteer any information that he had. He sald that Capt. Chester when he met him knew nothing about the situation at Cienfuegos. His talk with him was chiefly in regard to coaling, as Capt. Ches- ter had been cruising in West Indian waters and the witness wanted all the information in regard to coaling. Capt. Chester had told him that his own coal supply was so low that he would have to replenish it in a day or two. “I told him,” said the witness, referring to his conversation with Capt. Chester, “that I was not authorized to take him with me and make his vessel a part of my squadron, and if he would be obliged to. return almost immediately for coal he would do no good there.” The witness said that Captain Chester had not informed him in regard to any in- formation that Captain McCalla haa given, referring to the situation at Cienfuegos. He cid not think he even mentioned the name of Captain McCalla in that conyersa- tion. Asked if he could indicate the source of his information in regard to the gunboats reported at Cienfuegos, the witness said that he had heard that from some Cuban gentlemen with whom he had conversed at Key West. Conversation With Sampson. The witness was questioned at further length in regard to his conversation with Admiral Sampson at Key West before the flying squadron left for Clenfuegos, and in which conversation he was given instruc- tions in relation to his duties. He said that the orders given him to proceed were as he had detailed in his examination in chicf. | He said they talked of a great many sub- jects. Admiral Sampson showed him orders about the two commands on the north and south sides of Cuba, and the witnes: ed the admiral which of these two he would select, and the admiral said he would take the north or the Havana squadron. They then talked of the orders of the Secretary relating to the Spanish fleet and its where- abouts, and spoke of fortifications on the | coast of Cuba, and Admiral Sampson in- formed him that there were guns of the Krupp type in use there. His impression from what Admiral Sampson said was that the coast was heavily fortified. “He stated,” the witness said, “that the instructions were that the battle ships should not be risked by any engagement with the shore batteries until the fleet of Cervera had been met. I think I can re- member why that order was given, be- cause—" The judge advocate—“I don’t think we want that. You did not give the order.” The witne: “I had something to do with that matter.” Capt. Parker—‘‘Let’s settle this matter before we go any further. The witness has a right to his statemen ‘The judge advocate—“I want to ask you whether you did——’” Capt. Parker—‘‘I think he has a right to give what he knows about the issuing of that order.” Statement Ruled Out. The judge advocate objected and finally Admiral Dewey said that they did not care to have that anyway. The judge advocate again questioned Ad- miral Schley in regard to his conversation with Admiral Sampson on board the flag- ship New York at Key West. A number of questions were asked to discover the length of his interview with Admiral Sampson and he sald that it lasted three-quarters of an hour, perhaps more, but he could not be sure ‘of that. Orders of Secretary Long, dated May 17, 1898, were then read by Mr. Hanna for the information of the witness. The first of these orders referred to the information that the department had just received that the Spanish fleet would arrive at some port in Cuba where it could communicate by railroad with Havana, and indicating that Cienfuegos answered these requirements. Q. (by the judge advocate) Had you seen these dispatches. and were you familiar with them when you had your conversation with Admiral Sampson? A. He had men- tioned them to me. Duties of Commanders. Q. Were you familiar with the naval reg- ulations of 1896 as to the duties of the com- mander-in-chief in time of war? A. Yes. ‘The judge advocate then read article 267 of the 1896 regulations, which reads: “The commander-in-chlef, when preparing his fleet or squadron for sea in time of war, shall furnish to the commanders of squad- rons and divisions ‘and captains of single ships copies of all orders, instructions, pri- vate signals and such other information as will enable each, so far as possible, to un- derstand his duties’ in action and at all other times.”” Q. Have you complied with that, admiral? A. I think I did. Q. How and in what manner? A. By is- suing instructions and signals. The judge advocate then called the atten- tion of the witness to paragraph 289, which reads: “He shall, {f possfdle, before going into action coramunicate to his chief of staff, his squadron and division commanders and the captains his secret orders, private = signals and other information that will ma- terially assist them if- called upon to assume chief comman “We The question was’ dsked after reading this paragraph if had been complied with. dmiral nswered: “I do not remember to hav plied with it.” Pian af Hattie. _ 5 The judge advocate, tien read section 201: “He shall, if possiblé, Yefore going into ac- tion supply every ¢ay in with a plan of battle and assign thebébn the position each shaH occupy. Diviston commanders shall not change these ‘wtsbositions unless it should become necé¥sdry at a time when signals or ships are Mbgerved.”” Q. Did you comply With that? A. Yes, I think that order sufficiently carried out when the comthander-in-chief placed his crews in the 6 of battte and in- forming each ‘of thé ses desired. I think that was caf out substantially. Q. Do you think you car supply every captain with a plan bf’battie and do that orally? A.I did“not™ think any plan of battle necessary with general instructions to each. pein At this Jjuncturé Mr. Rayner interrupted the cross-examination and wanted to know if the precept contained™the words “‘writ- ten instructions.” The judge advocate: “In that relation it does not. But it says “Supply every cap- tain with a plan of ‘battle.’ ’” — ” Mr. Rayner:"*Does it say written?” The jud-e advocate addressing himself to Mr. Rayner: “Do ‘you‘think ‘you ‘car'supply a plan of battle in conversation?’ Mr. Rayner: “I can’t, but f-think the ad- miral can, and it has been “done time and again.” At this remark a general “applause broke out, which was quickly quieted, however, by ‘the sentries. The: judge advocate then continued his questions, saying, “At 9:45 a.m. on May 30 you sighted a man-of-war, as shown by the Brooklyn’s log, and cleared for action. What plan of action had been determined on? Admiral Sehley answered: “I should not say that any instruction would be necessary in_a fleet meeting an enemy.” He said that the smoke indicated that there was only one ship. The Judge Advicate—‘As a matter of fact there was more than one vessel. That was developed afterward. Others might have developed in the same way.” Mr. Rayner Objects. Mr. Rayner—“I am going to object. There is no specification’ on this, and I want to submit to him (meaning the judge advocate), as much. as the court, that this section referring to the instructions and supplying every vessel with a plan is not in the specifications of the trial. There is no specification here that. he has disobeyed any regulation of the navy. I am confi- | dent that if he had .disobeyed them_it would have been in the specifications. But there is not a sentence which charges him with disobeying the regulations of the navy.” Mr. Rayner procured a copy of the naval regulations, and after looking at the sec- tions cited, he continued: “I do not see the words ‘written Instruc- tions’ anywhere. While I do not want to object to the most rigid cross-examination, I want to make the objection that this in- struction could not mean written instruc- tion, and that it is not based on the pre- cept.” The Judge Advocate—“So far as the specifications are conterned, one of the early features of the precept 1s the conduct of the blockade during the Santiago cam- paign and thereafter, and,if it applies, I think the question is. proper.” Mr. Rayner-;"I shall, object to it. When is that plan of baftle. a supplied? At what ‘point and tt, fe could not have supplied a plan of,pattlg at Key West or Cienfuegos that wgs to take place at San- tiago. There was’not @ moment of time between June 1 and Ju¥¥ 3 that he had a right to supply amy plan of action. What right’ had he to suppif dny plan while the commander-in-chief was' there, and how could he supply it! untess it was done on the morning of the battle? Now, there is not a word in the specifications that relates to it.” ri Mr. Rayner heresread ‘the specifications, and continued: ‘‘It2would have been easy enough’ to put thatoin.and.then we could have tried him ont.’ He characterized: the naval. regulations referred to:as' ambigueus., He continued: “The principle:.ofiaw.,which lies at, the foundation of the whole anatter,is that. you must bring to. the-attention of the parties charged with an offense the propgsition which you are to try him on, We have had no opportunity to go ‘inté that. We have never talked with the admfral‘on the ques- tion.” s f we : Continuing; he said? “I think that ‘follow the flag’ is a good order of battle: How often has that signal been given in the past? gar.” ‘The Judge Advocate—“You are confining yourself to July 4 It was the only signal at Trafal- are you?” Mr. Rayner—‘What I would like you tc tell me is ‘what time there was between June 1 and July 3 when Admiral Schicy could have given orders for a battle.” The judge advocate: ‘He should have had a prescribed and ‘illustrated order of battle, under that clause of the naval regu- read.” The court’here announced a brief recess to consider the matter of admitting the tes- timony. Questions Limited by the Court. After reassembling, Admiral Dewey an- nounced: ‘The court decides that all ques- tions hereafter shall be'Gonfined to between the 19th of May and the ist of June, relat- |ing to the organization, management and | control of the squadron when.he was actu- ally commander-in-chief.”” The judge advocate then asked Admiral Schley whether he had carried out the {n- structions of the naval regulations during the time prescribed by the court, and the latter answered, “I think that was done thoroughly.” i The judge advocate: done in writing?” Admiral Schley: ‘I-did not do it in writ- ing because [ did not: think it was neces- sary.” The judge advocate ‘then asked the ar- miral to take the signal book of the Brook- lyn and look at the entry of May 22 at 5:35 a.m. ‘The admiral read the entry, which told of a signal being made to the Texas to clear for action. Z ‘The judge advocate wanted to know what that meant, and Admiral Schley’ explained that the ships;were at all-times:ready for action, with the exception of the awnings, which were used as protection from the sun, and proper railings to, keep from falling overboard. The judge ativocate‘Admiral, did you inform the commanding officers under you of the confidential instructions which you had received?” Regarded Instructions as Confidential Admiral Schley—‘No, because I held them as confidential.” The judge advocate—“Did you inform your chief of staff, and was Capt. Cook your chief of staff Admiral Schley—“Capt. Cook was hardly my chief of staff because of his duties as captain of a ship.” ‘The admiral expipiied oat he made the flag Meutenant perform duties as chief of staff at times, but that Capt. Cook was al- ways in his contdepee, and he said he may have communicated’ the Wispatches to him, but he did not recdlfect. Questions then fol op as to whether Capt. Cook was not’htterws made chief of staff. arse The exact time “of iH arrival of the squadron at Clenfuégog Was then taken up by the judge advox 3 many questions asked referring tothe communication of Admiral Schley to-the Senate: committee. The admiral said;,thatythat communica- tion was written pugely, m_ his recollec- tion, and that he had “no documents at hand when he prepéifed-it: Statement Made From Memory. “I would like to efp! about the prep- aration of this exétut! document,” said Admiral Schley, reférririg to his communt- cation to the Senate committee on naval affairs February 18, 1899. “I-was in New York the 14th of Februaty during the great blizzard and that detained me there four days. I received a telegram from a senator from my state informing me that an ex- ecutive document ‘1 been sent to the Senate in relation fo the campaign and in- forming. me that the Senate would like to “But it was not hear from me on the same subject. I got over to, Was] Ah 0 @ very few days before.the. it Of Con- gress, and I was ob! i, Jai ly to. make up my statement from memory. But I am pretty well convinced thet my memory is pretty good, because I do not think 1 made any serious or it error In its preparation. These were-the circumstances attending the preparation of that statement and from that fact I may have perhaps made some slight errors.” The judge advocate questioned the wit- ness in relation to. letter of May 30, lations and of the precept which I have_ 1898, to the department in which a refer- ence was made to his arrival at Cienfuegos. He wanted to know on what date that let- ter stated that he had arrived at Cien- fuegos and he rep.ied on the morning of the 224, . Q. Which was the closer blockade—at Cienfuegos or at Santiago? A. My ti sion is we were a little closer, I think, in the neighborhood of three or four miles, at Cienfuegos. At Santiago we were ably from three and one-half miles to five and one-half miles out at times, but at night we were closer in in both cases. Q. I donot mean close in, referring to the distance, but close as used in referring to a blockade. A. I think we were a little closer at Santiago. The witness explained that on account of the configuration of the coast line at San- tiago it was possible to make a closer block- ade than at Cienfuegos. In reply to a ques- tion he said that he did not announce hia arrival at Clenfuegos on the 2ist in his let- ter of May 80, but announced his arrival off the port. Q. (By the judge advocate): At the block- ade of Cienfuegos, did you issue any order to the squadron relative to the conduct of the fleet if the Spanish fleet should attempt to enter or come out of the harbor? A. No, except that I was in personal command and at the head of the column. The squadron was always in the line of battle, and its broadside batteries were always on the channel. The judge advocate referred to the testi- mony of the witness in which he said that the apparent disorder in the fleet in front of Cienfuegos was resarted to as a ruse to encourage the Spanish squadron if it was in the harbor to come out. He asked him whether he informed the captains of his vessels of this ruse. The witness replied that he did not know that he did so inform them except that he spoke to people on board of his own ship. He could not remember whether he had told Capt. Cook in regard to-it. He had had many conversations with Capt. Cook. The judge advocate wanted to know whether if Admiral Schley had not stopped his squadron when he met Capt. Chester, had not slowed down at 2:45 p.m. on May 21 and had not stopped at midnight before reaching Cienfuegos whether he would not have arrived there on the 2ist. The witness said that he did not think that would have made much difference in his arrival. He did not think it would al- low him to arrive as early as the question indicated. Q. When did it first occur to you that the firing you heard on approaching Cienfuegos iso a salute? A. When I heard it—at the ime. Q. When did you notify any one else of this firing? A. I think, my impression is, it was on the following day, the 22a I think there was a signal to that effect. Q.—Was not that signal made on the 23d? A. Possibly the 23d. But there was a signal made, I know. (Examining the log of the Brooklyn.) Yes, on the 23d. That recalls the circumstance of the arrival of the Adula, and this fact gave the firing which we had heard on the previous day signif- cance. : Speed of the Spanish Fleet. Q.—If the Spaniards had really left San- tiago on May 20 and had reached Ctenfue- gos on the ist, as you then supposed pos- sible, would they not have made better time than you did going in the opposite direction? Mr. Rayner objected to this question and said it was asking an opinion of the wit- ness. He said that so far as he was con- cerned he would like to have the opinion of the witness on the length of time it took Cervera to cross the ocean. The Judge Advocate—“We can give you facts on that subject.” “They went at about eight The Witness—“I don’t object to express- ing an opinion.” Mr. Rayner—‘‘We have the historical fact of the time it took the Spanish squadron to cross the Atlantic and how many knots an hour they made. But how can this wit- ness base an opinion of the time it would have taken for the squadron to go from Santiago to Cienfuegos. They did make eight knots an hour crossing the Atlantic. But what has that got to do with what the Spanish ships would do in this latter case?” The judge advocate said that he didn’t care to press the question. The Afternoon Session. When the court convened at 2 o'clock the judge advocate continued his cro$s-exam- ination of Admiral Schley. He first spoke to him regarding the hear- ing of two guns early on the morning of the 21st of May, and asked the admiral to read from the log of the Brooklyn of that occurrence. After he had done so the judge advocate said: “There were two guns fired?” A. Yes. The log showed that the ship had cleared for action on that occasion. ‘The judge advocate then turned his atten- tion to the naval regulations again, and said: “I understood you to say that you did not communicate to the captains of the fleet the confidential communications you had received regarding risking the vessels. T ask you if you did not know that the reg- ulations required you to communicate these matters?” Admiral Schley answered: “Yes, it does require me, but I supposed this was the ee order of the commander-in-chief him- sel Q. (By the judge advocate): They were communicated to you? A. Yes; and I re- garded them as confidential. Receipt of Dispatch No. 7. The judge advocate then asked the wit- ness to look at executive document B, re- ferring particularly to that part of it which referred to the receipt of dispatch No. 7, and asked him what he could state regard- ing the receipt of that dispatch. The witness answered: “I do not remem- ber, and I think I stated in my direct tes- timony that I did not remember.” The admiral said he fixed the receipt of the dispatch in his memory by the depart- ure of the Scorpion to the east on the 23d. Q. But you did receive a copy on the 22d? A. Yes, but it evidently escaped my mem- ory. As I said, the only way I could fix it was by the departure of the Scorpion. The judge advocate said these two copies seemed to be original, and that there was no receiving stamp on them. He said this after looking at the original papers cn file. The witness answered that he could not account for there not being a receiving stamp on the dispatches. He said that it was always his custom, on receiving a dis- patch, to send it at once to his secretary, whose duty it was to put the receiving stamp on it. “I do not know why it was not done in this case,” he continued. Q. Was there any book kept of letters received. A.I cannot say. I think Mr. Wells’ usual habit was to file these In the file boxes in the order of their coming. My recollection is that he kept a record of communications which passed through his office, but whether he kept a record cf re- ceipt of such communications I am unable to say. The judge advocate then stated that in the communication of the witness to the Senate committee the admiral had stated that this particular dispatch was received on the 23d, and had confused the situation. He then asked the question if it was re- pee on the 22d was the situation con- used. Admiral Schley replied that he wrote the communication to the Senate from memory, and remarked that he did not know wheth- er that confused the situation or not. Speed to Cienfuegos. The time made by the fleet between Key ‘West and Cienfuegos was then taken up by the judge advocate, who asked the ad- miral how he accounted for the much bet- ter time made by the Iowa, which left Key West later and had orders to report at Ha- vana. ‘The admiral’s reply to this was that the current could have a great deal to do with it, as the current in shore where Towa went could help her along. Mr. Rayner interrupted here and sald that there was nothing in the precept which al- lowed the investigation of the procedure of the squadron from Key West to Cienfue- gos. He said that if this matter was to have been examined all of the previous witnesses would have been questioned re- garding it and the-case might have been fairly presented. 3 Continuing the discussion in regard to the power of the judge advocate to Inquire into the progress of the fleet from Key West to Cienfuegos Mr. Hanna said that the flying squadron was under orders to proceed with dispatch, and that they did not do it. He said that a number of questions specifically bearing upon this order had been asked. Mr. Rayner’s Claim. Mr. Rayner said he did not think counsel could point to a single question in the whole of the record that bears directly on the rapidity of the progress of the flying squadron from Key West to Cienfuegos, ex- cept the question asked when Captain Har- ber was on the stand. He said that unless this order itself was embraced within the investigation as one of the specifications such questions would put the applicant in an awkward position in not being able to prove a thing that had never entered into the inquiry. He said the court had not been called to pass upon that question, and that fact was the test as to whether the witness could be examined on it, He said that bringing such a ques- tion in when almost the last witnesses were appearing would make it necessary, if it were pursued, for his side to call witnesses to establish facts on that point. The judge edvocate said they were not trying to point out anything new, and that they had ed witnesses questions on this very matter. They had referred repeatedly to these orders regarding the trip from Key West to Cienfuegos. Mr. Hanna said there were many things now specifically set forth in the specifica- tions that have been inquired into, and this was among them. . er again insisted that this line of inquiry was distinct and entirely new = Snes = = side. He was — that ms except Captain Harber had been questioned on that matter. So far as his side was concerned they had not asked a single witness in regard to the voyage from Key West to Cienfuegos. Allowed by the Court. Admiral Dewey then announced that the court would take a recess, and the court re- tired to tts consultation room and remained out for five or six minutes. Upon return- ing Admiral Dewey announced the court's decision on this matter, as follows: “The court is of opinion that this ques- tion is in compliance with its decision of this morning, coming between the dates of May 19 and June 1. The court 1s also of opinion that this witness occupies a differ- ent position from other witnesses on the stand and that he is better qualified thar any other witness. If it is asserted that there has been delay on that trip from Key West to Cienfuegos the witness now on the stand is better qualified to give reasons than any one else. So this decision is a renewal of the decision of this morning.” The judge advocate did not at once con- tinue his questions regarding the movement from Key West to Cienfuegos, but asked other questions relating to the arrival of the collier at Cienfuegos. Admiral Schley volunteered a further ex- planation in regard to why he had not al- lowed Capt. Chester to join the flying squadron when he met him going from Key West to Cienfuegos. He said that he con- sidered at that time that he had no power to take any ship on the station with him. He had no right, he thought, to take a ship off its station to which it had been as- signed. The judge advocate then questioned the witness In regard to the receipt of letters while he was at Ciefuegos. The “Dear Schley” letter, the witness said, arrived on the Dupont. When he wrote his letter to the United States Senate he did not recall the fact that there had been a duplicate of that letter which he apparently received on the 22d, and in that way he was led to the statement he had made in the executive document. Off Cienfuegos. Asked when he first came to believe that the Spanish fleet was in Cienfuegos, he said that there was a general impression to that effect, and that when he heard the guns fir- ing and saw what was regarded as an un- usual amount of smoke hovering over the harbor, he felt that it was additional evi- dence tending to show that the squadron was there. Q. (by the judge advocate) Did you, when off Cienfuegos, make any effort to communicate with the insurgents or inhab- {tants on shore? A. I made the best effort on the 23d in allowing the Adula to go in. I thought that was the best effort that could be made. This was especially so as the Adula was to come out on the follow- ing day. The judge advocate questioned the wit- ness in regard to the receipt of various letters at Cienfuegos, to which he had tes- tifled in his direct examination. The Order No. 8. Asked by the judge advocate why he did not proceed to Santiago on the receipt of the letter known as No. 8 from Admiral Sampson, the witness replied: “Because the order was a conditional one, not to proceed until I was satisfied that the fleet was not in Cienfuegos.” The judge advocate asked the witness to look at his letter dated off Cienfuegos May 23, in which he stated that he was by no means satisfied the fleet was not in the harbor there, and then asked him if that letter contained all his reasons for not pro- ceeding at once to Santiago. “I may have had other reasons,” replied Admiral Schley; “I don’t remember.” Admiral Schley then read a dispatch which he had sent on the 23d to Admiral Sampson, in which he concluded with the words: “I think I have them here.” These dispatches, he said, were both sent on the same day by the Hawk. The judge advocate asked the witness why, if there was a probability of the Spanish fleet being ut Santiago, he did not proceed there. He replied because he thought it unnecessary to chase up only a probability. s 4 Intention as to Remaining. Q. What was your intention as to re- maining off the port of Cienfuegos? A. It was my intention to remain until some- thing definite was ascertained. Q. What other steps had you in mind to ascertain whether the enemy’s fleet was in the harbor at Cienfuegos other than send- ing in the Adula? A.I should probably have sent another vessel. Continuing, Admiral Schley explained that the insurgents were migratory and could not be found in the same positions from day to day. Whether Schley went within 2,000 or 4,000 yards of the entrance to Cienfuegos harbor on his first visit to that port was questioned by the judge advocate, who stated that both 2,000 yards and 4,000 yards had been given as the distance of the fleet from the harbor when it arrived there. The location of the new batteries on the banks of the river at Cienfuegos was gone into with great detail, and the witness was requested to mark the location of this bat- tery on a chart. “Now is that where you intend to put it, admiral?” said the judge advocate, after the witness had marked the chart. ‘Phen turning to Mr. Rayner he asked him whether he would like to see where the witness located the battery. — W. R. Vermilye & Co. Fail. NEW YORK October 28.—Washington #. Vermilye, James E. Carter and George ¥. Newcomb, who advertised as brokers un- der the firm name of W. R. Vermilye & Co., with offices at 52 Wall street and branch offices in various cities throughout the country, made an assignment today. No statement of the liabilities was made. Grain, Provisio: nd Cotton Markets. CHICAGO, October 28.—Grain: ‘gf eg: ae : 5e% 87 4 boy? 28.—Provistons: Low. Close. 14.92 14.92 15.00 15.00 8.75 68.75 8.80 8.80 112 T12 7.30 (7.80 Low. Close. ie Tet 7.00 7.61 70 Baltimore Markets. BALTIMORE, (October 28.—Flour fly, $8.20083.25; winter wheat 7, $8. spring. wi ports 3248 nd May, TsigaT 2 per cents, registered. 2 per cents, = 3 per cents, 8 per cents, 4 per cents, 4 per cents, 4 per cents, 4 per cents, ‘5S per cents, 5 per cents, FINANCE AND TRADE Weakness in the Industrial Shares Again Today, AMALGAMATED COPPER WEAK Sharp Drive at St. Paul by Selling Crowd. GENERAL MARKET REPORTS Special Dispatch to The Evening Star. NEW YORK, October 28.—An attempt to construe Saturd: bank statement into a favorable factor because the $9,000,000 in- crease in loans could be readily explained failed entirely in the present professional market. Traders and borrowers generally know of their own knowledge that the ex- panded condition of the loan account and the prospects for gold shipments after the middle of the week are making restrictive discriminations in the character of collat- erals offered. Call money at 4 per cent, predictions of an outward movement of gold—probably $1,000,000 to $1,500,000 going out by Thurs- day's steamers—and a marked preference for gilt-edged collaterals only are not fac- tors which inspire confidence In the imme- diate outlook. There is no public to de- ceive into accepting present estimates of value, and perhaps it is better that the men holding the stocks and the men making prices for them should have no fears of a stampede from the outside. So long as there is the average amount of loyalty among the partners to the recent accumulations of securities the situation is relatively safe. Treachery on the part of a single interest could scarcely fall of undesirable results and a substantial un- doing of whatever good the new methods of finance may have accomplished prior to the 9th of May. Mr. Morgan its again at his desk and interest centers in his movements in the direction of harmony and peace in the northwest. There is danger in that situation and the Street knows it. The public knows also, but most important of all the contending factions know it. The latter fact is the most reassuring of all. Vast interests are at stake and the protection of them may result in a yielding of personal plans and theories to the necessity of averting disaster. Renewed weakness in Amalgamated Cop- per, Sugar and the steel stocks produced an unfavorable effect upon sentiment. The Properties first named indicated a bearish attitude on the part of the Standard Oil in- terests, while the weakness in the latter was construed to mean that the period of support had passed. When Standard Oil properties are weak and Morgan properties are under pressure at the same time it Is difficult to keep the old rumor of friction between these giant Interests from coming to the surface. Denials are numerous, but the street has never been convinced on this point. In the railroad list St. Paul was we: and carried down with it’ all issues which were advanced last week. The room saw in this a delay in the Northwestern. situa- tion and was disappointed in consequence. All of the Pacific stocks sold off and were very heavy during the final hour. The coal shares sold down rather easily all things considered, and the Tractions ‘were very weak under mixed selling. A favorable decision on People’s Gas, in which the validity of the company’s charter was sustained, forced a covering» move- ment in those shares. Rumors that Penn- sylvania would declare’nho theréased nor extra dividend came from Philadelphia ac- companied by liberal selling orders. Inti- mations that Rock Island's earnings would shortly begin to reflect a decreased grain tonnage had an unfavorable influence on western roads generally, Chicago houses selling freely. Atchison-is-saki to ‘be han- dling freight up to its capacity and expects no material reflection of the crop shortage. ge FINANCIAL AND COMMERCIAL, New York Stock Market. Furnished by W. B. Hibbs & Co., bankers and brokers, 1419 F st., members New York stock exchange, ashington stock ex- change and Chicago board of trade. Amalgamated Copper... ‘Amer Car & Foundry. ‘Am.Car & Foundry, pfd_ ‘Am. Sugar... ‘American Smelters.. Atchison... Atchison. pfa.. Baltumore & Ohio... Baltimore & Ohio. pfd. BrooklvnRapid Transit_ Chesapeake @ Ohio... Chicago. B. 4 Q..... Chic. 4 Northwestern C.. M. and St. Paul Ft Chuesgo, Ria Pacitic. oo inex 140 Loulevilea Nasiviiic™, 108% Wet Wes 1 Metropolitan Tracuon. 196° las ins 1 at 6° 96 49% 49) 19 iss 103 NY. Ontarioa Western. 84 a4 3312 Norfolk & Western. ..... "86% 5554 58 Northern Pacifie, pd... 102" 102° Wl” 101 Pacific Mail.. 44 43! 43) Fennsyivania io" arid 147g dot aay People’s Gas, .. 104g 10514 103! Phila. a Keaaing.ist I, Ty 76 Reading (om. 2% «(4 aif Reading a Bs SS 4 i md fd bead beng 102" 102” 3 iz pt Ft] ot 80 5 iB 4. 1 2 Fa ra ae Seles—regular call, 12 o'clock American Graphophone Gs, $1,000 at 90, $1,000 at 90. Union Prost, and, Storage, 10, at 107, 36 at 108. Traction, 2) at 104%, 20 at 1 104%, 20 at 1 at 104%, 104%. Lanston Monotype, at 100 at 12%. —U. 8. Rlect $4; $1,000 at 107. | Washington ‘Traction and Elec: x 3 10 at 175 ( 10 at 7450 on 00) District of Columbia bid, 109 oeeet We = ahs, 67% asked. i iitan Rail road $8, 117 bid, 120 asked. opolitan Railroad cert. indebt. A, 108% bid, 107 asked. M road a . B, i bid. Columbia Ratl- road Ge, 116 bid. Col 2d mort. a Wi Gs, series A, 107 . Washington Gas series B, 107 bid. 7S. Elect t cert, * 0, 108% bid, 104 Che oy ee? ey