The San Francisco Call. Newspaper, October 29, 1901, Page 3

MILES REPORTS DN ARMY NEEDS Objects to Management of Affairs by War Department. Recommends Establishment of a Post in Southern California. Oct. 28 —Lieutenant his annual report, gives of the army at pres which number 33874 are S in the Philip- and ths remainder in chments being in Porto Rico, and Alaska. He says it the force in Cuba will ced and hopes that the es also can be re- Miles does not approve of the ization of the artillery ing that it establishes another Was gton. He believes in r regimental organizatious. ng of the army canteen, which is d by the army reorganization law, has resulted, and s been beneficial. his objections to tary affairs in the the following I t in de ample provision for affairs in the or- nguct of the { Washing- partments. other defects In increasing of the last y judgment, 1 recommend 14 awful authority nders who are fon and who lity for of the army n part of the st of the mmends the post in Sout the he city f a war coilege in fers to a number of *h he made in for- ement lligence the Un e had Arctic cl eat of the circumstances of the Ame: ommends that the miii- the country be put troops that are ree ond the seas. IMPORTANT DECISION BEARING ON INSURANCE Policies Only Begin to Run After the Payment of the Pre- mium. )N, Oct. 28.—Only one @e- dered in the United States t to-d It was the case of sters, administrator of F. formerly a resident of the The case involved the whether an insurance pol- on the date of the ap- when the policy is de- stance the application mber 12, 1883, ang’ th vered December 26, 189 m was paid. Provision ce of a month in_the of the second policy. , six days of the month of omputed from De- t before its ex- g it from the 26th of versary of the delivery e Supreme Court de- began only after the sremium, thus holding the The opinion of the Cir- eals for the Eighth Cir- Towa. IR PYING HIGHWAYMAN TELLS OF HIS CRIMES Frank Aker, Shot by the Police, Con- fesses to Several Daring Robberies. Oct. 28—Frank Aker t of death at the City wounds recelved in a Officers Flannery, Farn- heriff Scharrenbroch g that death was ged he held up a street Friday night, e-handed, and compelled 1 six customers to_de- He also admitted te saloon previous to He said he had in- i up another saloon when e officers appeared and the final shoot- PEASANTS AND SOLDIERS MEET IN DEADLY CONFLICT Latter Are Repulsed With a Loss of Three Killed and Several Wounded. BRUSSELS, Oct. 25.—The Socio to-day says a serious conflict has taken place between the soidiers belonging to the gar- rison of Fort Waeslen, near Malines, and neighboring peasants. The Jatter, armed with spades and pitchforks, repuised the soléiers, killing three and wounding & rumber of them. Jealousy Causes Murder and Suicide. HOT SPRINGS, 8. D., Oct. 28.—In a fit alous rage Luther Bsteele, a colored killed Clyde Me- nd also Shot and May Berry, a white ele then shot himself, dying at were emploved at the Evans d a But Hele onc Hotel. McMains and the girl pers sitting together on the veranda of thé hotel when Esteele rushed on them and began shoot- ing. —lt Betard Sale of Danish West Indies. COPENHAGEN, Oct. 28.—The slowness in the negotiations between the Govern- ment and L. 8. Swenson, United States . with regard to the sale of the of 2 member of the royal family mected with the commereial in- terests which started the agitation against the sale. The efforts to retard the negotiations will be renewed. e Flagship New York Sails for Cavite. WASHINGTON, Oct. 28.—The Navy De- partment has been informed of the de- pariure to-8ay of Rear Admiral Rodgers aboard the flagship New York from Cata- balcgan, island of Samar, for.Cavite. It also has been informed of the departure of Rear Admiral Kempff aboard his flag- 7, the Kentucky, from Woosung for riking. > PR Football Player Dies From Injuries. COLUMBUS, Ohio, Oct. 28—John Se- £rist, center rush of the Ohio State Uni- rsity football team, died to-day from 1’hjunas recelved here Sunday afternoon in the game with Western Reserve. wae caught during a mass play and his body so twisted that his spine was frac- forea, He was paraiyzed from the shoul- i down from the time of the accident. > effected as far as pos- | {4 | ASHINGTON, Oct. cross-examination of Admi ‘Schley began to-day before 1 the court of inquiry, THE SAN FRANCISCO CALL, TUESDAY, OCTOBER 29, 1901. and | hardly more than a third of | the ground was covered when the court adjourned at 4 o'clock. After Admiral Schley concludes to-morrow, two other witnesses will be called in his behalf, Ad- miral Barker and Captain Thomas Bor- rine Corps aboard the Brooklyn. The judge advocate will then call his wi nesse€ in rebuttal, of whom there are un- | derstood to be more than fifteen, and it is rrobable that will call witnesses on rebuttal. The crowd present to-day, while hardly | | | | | | | den. The latter was an officer of the Ma- | | 1 1 Admiral Schley’s counsel | so large as on Friday last, when Admirai | Schley told the story of the battle of | Santiago, showed unabated interest in the proceedings. Nothing sensational devel- oped, ana the only outburst in the court occurred when Raynor, Admiral Schley's counsel, objected 1o a line of inquiry of the judge advocate designed to criticise Admiral Schley’s alleged failure to form- | ulate a plan of battle, with the declara- tion that as Admiral Sampson was in command, the junior haa no right to plan an order of battle. Admiral Schiey concluded his direct ex- amination, which occupied only about ten minutes after the court convened this morning, with a statement of the effect of the fire of the respective ships, show- ing that 36 per cent of the hits suffered by the enemy were scored by the Brok- lyn's five-inch guns, while his ship ret | ceived 75 per cent of the hits from the Spanish ship: Captain Lemiy’s cross-examination was very searching. Admiral Schley, how- ever, appeared to be unruffied throughout the examination, frankly admitting on several occaslons that he could not re- member little detalls after the lapse of three years. One line of inquiry which the judge advocate tried to press to show that Admiral Schley did not proceed “with dispatch” from Key West to Cien- | fuegos, by attempting to contrast _the speed between Charleston and Key Wes and between Key West and Clentuego: was curtailed by a decision of the court, which confined the questions to the time subsequent to May 19, the date on which the flying squadron Jeft Key West. The | judge advocate in his cross-examination dwelt upon the interview between Admi- rals Sampson and Schley at Key West | before the departure of the flving squad- ron, at which the latter testified that Ad- miral Sampson instructed him not to ex- pose his ships to shore batteries until the Spanish flect had been destroyed; on the fact that Admiral Schley issued no written order of battle; on the question of coaling off Cienfucgos and the steps Schley took there to ascertain the pre ence of the Spanish fleet. He was cross | examining the witness upon matters con- nected with the cruise of the squadroa | from Cienfuegos to Santiago when tho | court adjourn=d. The retrograde move- ment, the firing upon the Colon and the battle of Santiago, which constitute the ]mam features of the precept, were not | | touched upon to-da: SCHLEY IS CROSS-EXAMINED. | ftory of Campaign Not Shaken by | Lemly’s Questions. | WASHINGTON, Oct. 28.—Soon after the | Schley court of inquiry resumed its sitting at | 11 o'clock to-day Admiral Schley took the 1 stand, continuing his testimony. When he left | the stand on Friday his examination in chiet { had been almost concluded, and when he re- | sumed to-day it was with the understanding | that after comparatively few questions had | been asked by Rawynor he would be placed in the hands of Judge Advocate Lemly and | Hanna for cross-examination. Raynor's ques- | tions were again directed toward throwing light upon disputed points in the controvers; and most of them concerned conversations which witnesses for the Navy Department had | reported as having had with the admiral. | Previous to Admiral Schiey taking the stand Lieutenant Commander Harlow was called to correct his testimony. This occlipled but a few minutes, and Admiral Schley took the stagd | about 11:10. Raynor's first question related fo an incident testified to by Lieutenant Grant of a melee the ships got into on the way from Cienfuegos to Santlago when they met & ! sailing vessel. 5 | Admiral Schley replied that he had an in- | distinct recollection of the incident. He said | that whenever the squadron stopped it was always in conformity with signals previousiy made. “If there was any mix-up, as testified to,” he said, “it must have been the result of the carclessness of the officer of the deck in | not carrying out the signals of the flagship.” Reverting to Mey 31, the day of the recon- noissance, Raynor asked the witness if he re | ollected any signal from the Massachugetts | to the squadron to not go in any closer. | I cannot recall that- signal at all,” replied Admiral Schiey. “It would hav been, of course, unnecessary in view of the fact thal no vessel could have left the line without per- mission from the flag or comander in chief.” Conversations With Evans. Raynor then asked Admiral Schley regard- ing alieged conversations with Admiral (then captain) Evans on July 4 or 5. “I aid have a conversation with him,” re- plied the witnees, “but I do not remember | Whether it was on the 4th or 5th. I would ? £ay of Captain Evans, as I have said of all the { | i others, 1 do mot. believe he would willingly misstate. 1 think his recollection is at fault. He did have a conversation -with me in rela- tion to shooting the bow off one of the tor- pedo boats and the stern off another, and put- tug his helm to starboard and raking one ship | and then aport and raking another. My recol- lection now is that_preliminarily he said - to me, ‘Did you see Jack Philip start to run | away? and I said, ‘No,” that he was mistaken. | It was the-Brookiyn that made the turn, and | T asked him if he did not see the tactical ne- | ceesity for it.”” . | " Raynor then called Admiral Schley’s atten- | tion to the testimony of Admiral Taylor. ‘who, | | as captain, commanded the battleship I diana during the battle off Santiago, and Cap- tain Dawson, who commanded the marines on that vessel, to the effect that the Brooklyn, when she made the loop, went southward & mile or a mile and a half. “I think they are-entirely and absolutely mistaken,’”’ replied the witness. ‘‘The Brook- lyn did not pass to the southward of the line except the distance, perhaps, of her tactical | dlameter, which surely was not greater than 600 yards, end from that time she steered a course parallel to the Spaniards, and I do not think we were over or 2400 yards at any time from the Spanish line. I say emphati- cally that the Brooklyn did not run south and | any statement to the contrary is a mistake.” | "The witness stated in reply to a question | from Raynor that when he started fo _the | westward from Santiago he left the St. Paul | at the latter place. | | Admiral Schley then told of how Pis’ | papers were boxed up by his secretary for transmission to the department as the regula- tions require. He turned the box over to the department about February 6. He esti- mated that this box contained all his papers except the document he had turned over to the court, namely, a copy of the No. 7 dis- patch. Hits on the Spanish Ships. The admiral then, by permission of the court, reverted to his narrative of Friday and spoke of the hits on the Spanish squadron. The Brooklyn, he testified, was the only ship carry- ing five-inch guns. A record of the hits re- ceived by the enemy showed that thirty-six per cent of the hits .scored by the American fleet came from those guns on the Brooklyn. The BErooklyn received thirty of the forty-two hits from the Spanish flect, or about seventy per cent. With ‘this statement Admiral Schley con- cluded his direct testimony and the judge ad- vocate then began the cross-examination. Ad- miral Schley was asked first about the con- sultation with the commanders at Hamplon Roads before the flying squadron sailed to the southward. In reply Admiral Schley said, that Captains Higgipson, Jewell, Sands, Cook and Marix were prijent. He explained that they had diecussed the order of battle in case the Spanieh fleet was met and also the ques- tion of place below the warheads of the over- water torpedoes. ““Was there any other consultation with the captains?” ““Yes, off Santlago, for the purpose of ex- plaining the formation of the blockade and the method of attack in case we-met the Spanish fieet.”” “Was there any prescribed order of battle in writing?” 1 did not consider it neceseary. We would ““Was there time to place the order of battle in writing?” = AYNOR ecalled Admiral Schley’s attention to the testimony of Admiral Taylor, who, as captain, commanded the battleship Indiana during the battle off Santiago, and Cap- tain Dawson, who commanded the marines on that vessel, to the effect that the Brook- lyn, when she made the loop, went southward a mile or a mile and a half. “I think they are entirely and absolutely mistaken,” replied Admiral Schley. “The Brooklyn did not pass to the southward of the line except the distance perhaps of her tacti- cal diameter, which surely was not greater than six hundred yards, and from that time she steered a course parallel to the Spaniards, and I do not think we were over 2300 or 2400 yards at any time from the Spanish line. I say emphatically that: the Brooklyn did .not run south, and any statement to the contrary is a mistake.’—Extract from the testimony qf Admiral Schley. “Yes. I do not think the regulations pro- vide that the order of battle shall\be reduced to_writing,” The judge advocate questioned Admiral Schley as to the identity of the Cubans who had informed him at Hampton Roads that the portion of the Island of Cuba west of Havana and Clenfuegos was well held by the Spanish soldiers. He replied that he could not give the names; that they were Cubans who had come to him as commander of the fiying squad- ron to give him that information. Schley was closely questioned as_to Who was present in the cabin of the New York at Key West when he talked over the campaign with Admiral Sampson. Admiral Schley replied that Captain Chadwick had been present part of the time. ““When was this?” ~On May 18.” “Did_ Admiral Sampson exhibit to you any or all the instructions he had from the Navy Department 7" “No. He simply spoke of his confidential instructions from the Secretary of the Navy.” 2 Sampson’s Varied Talk. AdmiTal Schléy sald he and Admiral Samp- son talked of many things. It was rather a long conference, and he reiterated that he could not recall whether Captain Chadwick was present all the time. The judge advocate then jumped to the communication from the Mar- blehead, conveyed to Schley through the Eagle while the flying squadron was on its way to Cienfuegos. sage he received wi that there was No nNews of the Spanish fleet. The judge advocate then asked Admiral Schley if he regarded as ex- peditious the journey of the squadron from Key West to Cienfuegos in view of the in- struction to establish the blockade there with as little delay as possible. Cruistig as he was In squadron against a current,- Admiral Schley replied that he did. The judge advocate asked about the speed from Charleston to Key West to show that the speed from Key West southward was not so great. He asked why at one stage the ad- miral had signaled to the Massachusetts that if she could make ten knots it would be suf- ficient. The admiral replied that after three years it was pretty difficult to tell just why a particular signal had been made when there was nothing startling to fix it. “Your speed was two knots less from Key West_to Cicnfuegos than from Charleston to Key West." ‘*Apparently : . m. May 21, according to the 1og, did you slow to four and a half knots?" “I think it was on account. of the fire on board the Scorpion.” “Why did you stop at midnight, May 21, before your arrival at Clenfuegos?' “We were ten or twelve miles from the height of land where the mouth of the harbor of Clenfuegos was and we stopped until day- !’ltht 1 did not care to arrive there in tha ark, Admiral- Schley was asked why he did not personaliy communicate with Captain McCalla When he met the Marblehead on the way down. He replied that he saw the auxiliary cruiser coming down from the Marblehead to com- municate with him. It was Captain McCalla’s duty, if he possessed important information, o communicate it. ‘Was it the duty of senior officers to call for reports or the juniors’ duty to volunteer them 7" “I'ne junior officer invariably volunteers such information.”” “'Did Captain Chester inform you that Cap- tain McCalla who came aboard the Cincinnati had lately been at Cienfuegos in communication with the insurgents?’ Protection of Vessels. The witness said he had had no conversation with Captain Chester about the methods of blockade. The conversation dealt rather with the habits and usages of the blockade. “‘Did you learn from Captain CHester or Cap- tain McCalla that several gunboats were re- ported at Clenfuegos?” “I heard that in Key West. It was the gen- eral report there,” replied the witness. “What official information and instructions did you get at Key West from the commander- in-chief?* asked Captaln Lemly. “His orders, of course. to proceed and the conversation I have detailed with him.”" The witness said he thought he could tell why the department lssued its order regard- ing the protection of ships from land batter- ies, when Captaln Lemly objected. The court decided that they did not «care for this. The itness sald he was on board the New York, as well as he could remember at that time. from a half to three-quarters of an hour. Mr. Hanna then read two dispatches from the de- partment, datzd Washington, May 16, regarding the reported presence of the Spanish fleet near Curacao. Captain Lemly asked the witness it he was familiar with these dispatches when he had his conversation with Admiral Sampson. *‘Admiral Sampson merely mentioned them to me,” replled the witness. *I had not seen them.”” Captain Lemly then took up the question of naval regulations and asked the witness if he was famillar with them. “Yos,’ responded Admiral Schley. Captain Lemly read a number of articles of the regulations, in each case asking the wit- ness if he had complied with the terms of the paragraph. The first paragraph was No. 267 and requires the commander-in-chief when pre- paring his fleet or squadron to meet the enemy to communicate his general orders, instructions, private signals and such other information will enable each so far as possible to under- stand his duty when in action and st all other times, “I think I complied with that,” replied the witness. “How and in what manner?" asked Captain Lemly. “By issuing general orders for the organiza- tion of the squadron, their instructions and thelr private signals.’’ Gives Oral Instructions. The mext article was as follows *‘Article 289—He shall, if possible, before going into actlon, communicate to the juniors in command his private signals and other information that will materially assist them if called upon to exercise command.’ “4Phat I do not remember to have complied with,” said the witness. Captain Lemly then read article 21, which provides that the commander-in-chief shall, 1f possible, before going into action, supply every captain with & plan of battle, showing therein the position each shall occupy. ““Yes,”” replied the witness, in reply to Cap- tain Lemly’s question If he had complied with that article. I do not understand that that is necessarily written. I think that that opder is sufficiently carried out when a commander- in-chief decides to place his crews in the order of battle and inform each what he proposes to do. Do you think, admiral, that you can sup- ply every captain with a plan of battle and do that at an oral conference?’ asked Captain Lemly. “I 3 not think that is absolutely necessary,” replied the witness. “"There are instances where battles have been fought without doing that. Any plan of battle that might be originated subject to a change. I have never known a battle that was'ever fought on the plan orig- inally chosen by the commander-in-chief.”” Ra: Do any of the regulations use the word ‘“‘written? Captain Lemly—Do you think you could sup- ply the captains with a plan of battle without writing them? Raynor—I could not, but I know the admiral cozld. Continuing his examination, Captain Lemly asked: ““When, at 9:45 a. m., May 20, you sighted a man-of-war as shown by the Brooklyn's log, and cleared for action, what orders had been issued in conformity with the provisions of the Tegulations?” “I ghould not think any instructions would ‘be necessary for a fleet meeting a single vessel except to smash her Ilr 4 Captain Lemly—Could you tell absolutely there was only a single veesel, although you sighted but one? The admiral said that the mes- | “As I only saw one smoke, I presumed, of course, there was but one vessel. Subsequent- ly we raised the Vesuvius, which was very | much lower in the water. Captain Lemly—As a matter of fact, there was more than one vessel? “4There ‘were two vessel later.” “‘Others might have been developed in the | same way?”" “‘If they had I should have pitied them. If they had been separated they would have per- mitted themselves to be knocked to pieces.’” Ambiguous Phraseology. At this point Raynor, addressing himselt to Captain Lemly, said he did not want to object to this line of questioning, but there was no specification which called for it. . “I wish to submit to the judge advocate as well as to the court,” he said, “‘that here Is a section of the naval regulations which says, “He shall, if possible, before going into action, supply every captain with a plan of battle, and assign thereonsthe position each shall occupy.’ There is no spegification here that he has d obeyed any regulation of the navy. I am con- fident that If he had disobeyed them they would have been in the specification because they In- clude almost everything in relation to the whole controversy. I do not see the word ‘written’ in instruction In any of them. 1 suppose there must be some discretion left to a man in com- mand of a fleet. Admiral Schley could not sup- ply a plan of battle at Key West or Cienfuegos that took place before Santiago. When was the time to supply it? He could not supply it on July 2. He had no right to supply it. There Was not a moment of time between Jure 1 and July 2 that he had a right to supply any plan of action. That is the point 1 wish to make. Naval regulations of doubtful import and am- biguous phraseology are brought in here.’” Raynor said that the question of naval regu- lations had not been brought -to the attention of Admiral Schley; that they had no oppor- tunity to go into it. “I think,”’ he said, “that ‘follow the flag’ is an order of battle, How often has the signal, “Follow the flag,’ been given? The only signai Nelson ever gave at Trafalgar was that ‘Eng- land expects every man to do his duty.’ Captain Lemly asked Raynor if he was con- fining himself to July 3, In regard to the plan of battle. ““What dfder,” asked Raynor, “‘could Admiral Schley give between June 1 and July 37" “‘He was goin€ out to meet the enemy,” said Goptata ‘Lemiy, “and we cgnd (Bar under ose circums e should haye had a scribed alternative oraer of battie: R?. whole matter has gone right through the entire pro- ceedings, as to whether he had a prescribed order of battle In writing and distributed to the fleet under his command, and it belongs to that clause of the précept, ‘Conduct during the Santiago campalgn.’ The court at this point of the discussion re- tired for consultation. Upon returning Admiral Dewey stated their deciston as follows: ““The. court decides that all questions to be asked of the applicant shall be confined to be- tween May 19 and June 1, relative to.the or- ganization, management and control of that squadron, when he was actually commander-in- chief.”” - Verbal Plans of Battle. The judge advocate then asked the witness whether between the date to which the court had restricted the examination he had, accord- ing to article 271 of the regulations, furnished h captain with a plan of battle. Verbally, yes, ‘But not in writing?"”" 3 #T did not think the regulations required it. “Did you communicate to your captains your confidential Instructions from Admiral Samp- son not to expose your ships to land batteries before the destruction of the Spanish fleet?” “I did not because I regarded them as con- fidential.” “In your report you say that the Iowa ar- rived off Clenfuegos May 22, although she started_a day later. Did she not arrive only about five hours after the squadron?” “‘Although we did net go in during the night I considered that we arrived off Clenfuegos May 21.” ““When did you first see the entrance to Cien- fuegos?” A little after daylight May 22.”° The judge advocate called the admiral's at- terition to his statement to the Senate that while on the bridge of the Brooklyn on the af- ternoon of May 21, being then about thirty miles from Clenfuegos, he heard big guns fired with the regularity of a salute. The admiral stated that he remembered the incldent dis. tinetly. He did not know the exact distance. He did not consult the log. “Does not_the log show that you were forty- five miles from the harbor? “I do not know.” The admiral proceeded to explain that the communication sent to the Senate was got up hurriedly and largely from memory in the clos- ing days of the session and he may have mad some slight mistakes. . In answer to a question from Captain Lemly regarding the order, “Clear ship for action,” Admiral Schiey expiained that the ships were practically cleared for action all the time, but there was always a certain amount of para- phernalia aboard the ships to prevent persons falling overboard or awnings which had to be removed and that was what he had in mind Whenhe signaled to “‘Clear ship for action.” The Closer Blockade. ‘‘Which was the closer blockade, at Cienfue- 93 Pantings 1t was closer, t of th account of the 2 enfuegos ssue any plan of battle in case the Spanish fleet shouid attempt to enter or come out?" “No. I should have relied upon ““You stated {n one of your reports that while lying off Clenfuegos you feigned disorder in the squadron in the hope that the Spanish flest would come out. Did you inform the clpufil of the squadron of this ruse?’ “No,.I think not. I talked with some of those board the Brookiyn gbout it." “You would have arrived 8t Clenfuegos May 21 1 you had not been delayed several times on the way?" % “The delays only made a difference of a few ours. " After recess the judge advocate the confidential orders recelved. from. Admirel Sampson and called the witness' attention to article 269 of the regulations, requiring the commander of a squadron to communicate his secret instructions to the captains under him. “T regarded the instructions as confidential,” said the witness. The witness was closely questioned about the time of the receipt of the ‘‘Dear Schiey’’ let- ter, which the admiral declared was recetved May 22, according to his best recollection. “But in your letter to the Senate you said that this letter came to you on the 23d and confused the situation.’ “That is a fact.” “'But if it came on the 224?" “As I have stated before, I wrote the com- munication to the Senate from memory. The point was that at that time I had not received order No. 8.” The judge advocate then called the attention of ‘the witness to his statement that when he saw the signals at Clenfuegos he did not un- derstand them and asked Why he made the S Secouse Admiral Sampson had st “Because Admiral Sam ted to me unqualifiedly that as soon as he got the situ- ation better in hand he would advise me.” * “‘When did the Iowa arrive at Clenfuegos?* ““The Iowa arrived at Clenfuegos on the 224, some time in the afternoon, I think.'” Then Comes a Question of Hours. Captain Lemly stated that the Towa left Ke; p s e p A Rl this, particularly In| view of the. fact. thas the'Towa had_ orders|to show hersélf oft Ha: vana en h * % fors A Schley could oo Rayoar adked’ ol Lay e he got his of thirty-one hours. A‘lhm mmfiflmnhh 43 > that was developed ! One Outburst Occurs in the Court’ of Inquiry When Schley’s Co Line of Questioning Designed to Criticize the Former Commodore’s Alleged Failure to Form a Plan of Battle--This Is Met With the Declaration That Sampson Was in Command unsel Obj'ects . ADMIRAL SCHLEY IS POSITIVE THE BROOKLYN DID NOT RUN SOUTH —pe time of the arrival of the flying squadron off Clenfuegos* and both sides fnally settled on fourteen hours instead of thirty-one. Lemly then reiterated his question on a basis of fourteen hours. ‘'The only reason I can give,” said the wit- ness, ‘4s that she stood directly across from Key West to Havana; also that in shore the current would not be as strong as it was off shore. Then, probably, she may have steamed out of the current after she got around.” Raynor called attention to the fact that the precept does not require any question cbnoern- ing the movements of the squadron from Key West to Cienfuegos, but Captain Lemly and Hanna contended that inquiry in this line i included in the precept's instructions to in- vestigate Admiral Schiey’s conduct generally, In presenting his objection Raynor spoke of the ‘'charges against Admiral Schley,” but Captain Lemly replied that there were no charges.”’ The court retired to consider Raynor's sug- gestion and when its members had returned Admiral Dewey announced that the question Wwas in compliance with its decision of this morning, coming between the dates of the 19th of May and the 1st of June. Captain Lemly then began a line of inquiry to develop the fact concerning the alleged de- lays en route to Clenfuegos, beginning with the interview between Admiral Schley and Cap- tain Chester of the Cincinnatl. In connection With this incident Admiral Schley repeated that he declined to take the Cincinnati along be- cause he did not feel that he had a right to take a ship from where she had been placed by the commander in chief. “When did you first acquire the belief that the Spanish fleet was at Clenfuegos?’ asked the judge advocate. “‘That question is difficult to answer, but I think I became reasonably certain that the fleet was there after hearing the gun firing on the afterncon preceding my arrival and after receiving the news brought by the Adula from Kingston.” ‘“Was there anything in dispatches No. 5 or No. 7 to indicate that the Spaniards were at Clenfuezos “There was not.” “Why dld you not make an effort to ascer- tain whether the Spanish fleet was there?" ‘I made a distinct effort on May 23 by allow- ing the Adula to.go in."” ‘‘You regard that as the best effort that could have been made?. T do: Inasmuch’ as she was to coms out the 2o d?fie Witness wag then ‘questioned as to the orders he recelved by the Hawk. He remem- bered dispatch No, 8 distinctly. ‘‘When you recelved that order why did you not proceed to Santiaxo?” “'Simply because the order was conditional. ‘When I became satisfled that the fleet was not at Clenfuegos I was directed to proceed to Santlago.” Schley’s Letter to Sampson. Captain Lemly called Admiral Schley’s a tention to his letter to Admiral Sampson dated off Clenfuegos, May 23, an ding: “Sir: In feply to your letd# No. 8, I would state ‘that 1 am by no meafs satisfled that the Spanish squadron is not at Clenfuegos. The large amount of smoke seen in the harbor would iIndicate the presence of a number of vessels and under such circumstances it would seem to be extremely unwise to chase up a probability at Santlago reported by way of Havana and no doubt as a ruse.”” “Does that contain all your reasons for not proceeding when you received this last dis- patch from Admiral Sampson?"” “Yes. I may have had other reasons, but I,do not now recall them.” ‘The judge advocate asked the witness as to why he questioned the credibility of some of the reports concerning the location of the Span- [ ish fleet which came from Admiral Sampson. He read Admiral Schley’s statement sayin ‘“We ought to be careful how we recelve in- formation from Havana.” He wanted to know why the admiral was shy about taking information from Havana when he would accept information brought by the Adula from Kingston. “‘On account of the implied doubt in the mind of the commander in cl as shown by the language of his dispatch. Referring to Lieutenant Hood's memorandum Admiral Schley said that for one thing he should have been glad to know that Santiago -and Clenfuegos were mined. He did not think to Judge Advocate’s * Hood had boarded the Adula—at any rate he had not given him (the admiral) any mem- orandum on that subject. “Did you really belleve that if Cervera was In the harbor he would allow the Adula to come out?’ asked Cgptain Lemly. ‘I thought that wbuld depend upon the ex- ertion that might be put forth in her behalf by, the captain’s Consul.” “Did you make any effort to communicate With the insurgents on May 23 or May 24 be- fore the arrival of the Marblehead?” “No; 1 sent the Marblehead Into the harbor. I regarded that as the best method for ascer- taining whether the fleet was inside.” ‘““When did the Marbleheaq arrive?” About § a. m., May 24" The judge ad questions to develop the state of the weather on May 24. Varlous officers had testified that they boarded the Brooklyn in small boats. The ‘witnes: testified that there was a heavy swell on. ‘““When Captain McCalla gave you the In- formation with regard to the Spanish fleet not being in Clenfuegos did you determine to leave for_Santiago that day?" “I think I did. That is my impression. I remember to have sent a dispatch in which sald that I might leave in the morning. I had i In view at that time the sending of the Scor- plon, which I had sent east feeling that she might bring me some necessary information.’ ‘‘Here is your letter of May 24, in which you say: ‘I have ascertained from the insurgents that the Spanish fleet is not in this port. As it is not found practicable to coal the Texas here, I shall proceed to-morrow for Santiago, being embarrassed by the Texas' short coal supply d our inability to coal In the open sea.’ That correct, is it not?" ‘Yes; I said that.” In a dispatch that you sent to Commodore Remey, dated May 24, You sald: ‘I shall move eastward to-morrow, as is indicated in a tele- gram to Commodore Remey, for the Secretary of the Navy, abouts during next week.’ ' ““That's right. I recollect tha Anticipates Difficulty. In reply to a question, Admiral Schley said he felt that there would be greater difficulty in goaling off Santiago than there was at Clen- egos. “You anticipated difficulty, then, in coaling at_Santiago? “Undoubtedly. In June. we coaled consider- ably there, but on one occasion e cast off after coallhg for an hour or so. AS our ex- perience increased we got on better, and, furthermore, the later colliers were better arranged than the former.” “There are some difficulties about coaling at sea_generally, are there not?"” *‘There are, and I think “Did you consult any of coaling on the 26th?"" “I did not. I preferred to act upon my own Judgment, “Was there any time after your arrival at Clenfuegos, except May 25th and 25th, when some vessel did not take coal?"” - “On the 2ith and 25th some vessels coaléd, also on the 3lst, but I do not recall about the 29th and 0th.” * “Had you less coal when you arrived off Santiago, than you had expected to have?" *‘I don’t know but I had, on account of the limited supply of the scout boats I found there.'" . ““The scout ships were self-supporting In the ter of coal, were they not?" 1 don't know what you mean, unless it is that they could have made it longer.”" “I mean to cruise around from point to point and get it. Did they rely at any time upon the colllers of the squadron to supply them with met them.” ‘our captains about es, sir. In view of the idea you had of preserving the squadron as a unit, why did you detach the Eagle?"” “‘Simply because she was an impediment. I ald not think it possible to coal her in that state of the weather. I used to consider my- self weatherwise, now I find I am scmetimes otherwise.” (Laughter.) ““You testifled that you received a signal from Lieutenant BSoutherland that the FEagle was dangerously short of coal.” think the message was by megaphone.” ow much coal Aid he have then “T do not remember. ' Southerland was very solicitous, A day’s coal, probably, perhaps five tons.” ~ ““Why dld you not tow the Eagle?" “Because it would have been for an indefinite time.” “But you were approaching Santlago “Yes. “How far away was Santlago?” “Perhaps fifty or sixty miles.” The judge advocate then read from the log of the e to show that on May 26 (the day she was detached) she had twenty-elght tons of coal aboard. ““Why did you not take the Eagle, Vixen ard Merrimac in tow and push on to Santiago?” “Because In my opinion at ten knots, the auxiliaries would have gone under.” ““Why not abandon them and push on with your fighting force toSantiago, appointing a rendezvous for the other vessels?” “‘Because in my opinion that woud have been poor military policy. Tt would not do to abandon auxillaries where they might have been picked up by the enemy.. Such a course would have been censurable.’ ¢ To Intercept the Enemy. Asked why, if he belleved the enemy’s ves- sels had left Santiago before he left Clenfuegos, he had not dispersed his vessels more widely in order to intercept them, the admiral said that that was a military disposition about which there might be reasonable difference of opinion. Such a_disposition would have ren- dered the smaller vessels more liable to at- tac] Why did you not steam in line?” “That would have been the weakest possible formation. My plan was to keep the ships constantly in order of battle. “Did you, In your western movement, in- ate then asked a series of | so you will know my where- | Settles Claims of Those Who Suffered Loss by Boer War. Some of the American Claim= ants Have Not Been Naturalized. -— LONDON, Oct. 28.—At the resumptioa of the sitting of the South African Com- pensation Commission to-day, Major Gen- eral Sir John C. Ardagh, on behaif of the Government, announced that all claims of foreign countries had been settled diple matically, with the exception of snese ;Jf the Netherlands and France, as fo ows: _The United States, £6000; Austria, £15,- 009; Germany, £20,00; Russia, £4100; Italy | £12,000; Spain, £150; Sweden and Norway, £100; Switzerland, £ £300, and Denmark, £250. It is expected that the claims of France and the Netherlands will be settled this week. General Ardagh said the Government ; Beiglum, | has consented ‘o an amicable settiement on_the ground that the claimants had suffered individual hardships and loss for which they were entitled to considera- tion, although they might fail to substan- tiate legal elaims. The sums awarded will be distribated to the claimants. by their respective governments. Newton Crane, who represents the United States before the commission, re- gards the settlement as most favorable for the American claimants, of whom there are only fifteen. The average, afte: the expenses are deducted, will be £33 for the Americans, against £63 for tha claimants, of other countries. All the American claimants will not share equal- ly, as some of them have not been natu- ralized and others have fought for the Boers. “The terms are generous,” said Crane, “inasmuch as no court would have com- pelled Great Britain to pay the money.” The amount is 14 per cent of the claims, while the award under the treaty o Washington to British subjects who suf- fered through the Civil War was 3 per cent. @ i imieininieieieieieleleieieieiel b @ struct your captains to look out for the Span- ish fleet en route? “I do not recall that I did, ‘but orders were usuajy signaled to keep a bright lookout and be il readiness.” “Did you before meeting the scouts off San- tiago contemplate going to the coast of Hayti?" ed Captain Lemly. No; 1 did not.” You had up to that time intended to g0 there “I had thought that would be ome of the rendezvous we might have to resort to outside of marine limits.” Do you remember any message megaphoned to any one befors leaving Cienfuegos about going to Hayt!?" 3 “I do not recollect any.” T will make it more explicit, and say about goinz to Gonaives Bay?” “I do not remember megaphoning that mes- sage at all.” “Did you ask the department by telegrapn to_have the_collfers sent to you “Yes, I Qid; and they replied they would be sent.” “Why did you want colliers there if you did not_intend to coal?” “T would have sent perhaps two ships, one ship more probably, at a time, because I did not believe we would be able to solve the, prob- lem of coaling In the open sea. % “You say one vessel at a time. Was that on account of the contracted room of the har- PorT"4id not intend to go into Gonaives Bay. Captain Cotton informed me that only small vessels could coal there. 1 intended to coal off the coast outside the marine lmit. My {mpressicn is now that Captain Cotton reported to me and the purport of the information I gave the department was that the harbors were Contracted and would admit ot the coaling only of smaller ships.”” “Did not he say large vessels could coal there, but not more than one at a time?” “‘He may have said that in his evidence, but I do not remember that he communicated that to me in any interview. I sent a telegram about that time which I think will make the matter clear. My recollection of that com- munication now is that it referred entirely to the coaling of smaller vessels. I do not see here (looking at the log he heid in his hand). however, that any reference is made to the Hayti coast in the telegram of May 25. The reason 1 say that is because the impression left by the communication of Captain Cotton upon my mind was that the ports of both Gonalves and Mole St. Nicholas, Hayti (I never had been in either), were so contracted that nothing but small vessels could coal there.” Captain Lemly—May 2. This was after the turn back from the westerly movement?™* “Yes, but this was something I do not really remember, just the time when this communica- tion was made (reading) ‘We will then go to Gonalves or coast mear or in the vicinity of Port au Prince to coal” That was after we had_repaired the collier and had gone back to Santiag Captain Lemly—You indicated several places in that telegram your purpose to coal at Gonatves?” “Well, when our coal supply was reduced so as to force us.” “Then you concluded you coal at Gonaives?” “There is a mere play upon words between the ‘port’ and the ‘coast.” ' The admiral, in reply to Captain Lemly, fur- ther said, that he had said nothing in his dis- patch of May 29 about taking one vessel at a time to Haytl for coal ““That goes without saying.”” he added, ‘‘be- cause when one is blockading a port he could ot _entirely abandon it and take all his ships away to coal them at one time. Evidently only one vessel would have been taken away at a time for coaling purpose At 4 o'clock the court adjourned. could Time and again we have had custom- ers come in and ask in a half-interested sort of a way, ‘‘Let me see those made- to-order suits for $10.00.”” You can tell by their tone that they think the suits cannot be much at ths price. They look at the patterns and examine the cloth. Gradually their skepticism Jessens. They see that the material is all wool and that the patterns are pleasing, When they say, ‘‘The cidth is all right, but how answer: wear. about the making?’’ we ““We guarantee the fit and If you are not pleased you can have your money back.”’ They can’t argue or doubt any longer—they forth- with order one of the suits, and in a year or so they order again. So, if you think that “thessuits are not much because the price is low you are greatly mistaken, and we would like to - prove it to you. Ask for some sam¢ ples, anyway—they cost nothing. Suits satisfactorily made for out-of-town cwstomers throudh owr self-measwuring system. Write for samples and self-m>asuring blank. SNW00D (D 718 Market St. and Cor. Powell and Eddy. AEROAREAE - 11 SERRERL S L] SYSsuns SN RNISSRINAIENnENEn