The San Francisco Call. Newspaper, October 30, 1901, Page 2

THE SAN FRANCISCO CALL;. WEDNESDAY, OCTOBER 30, 1901, REAR ADMIRAL SCHLEY TELLS MEMBERS OF THE NAVAL COURT OF INQUIRY REASONS WHICH IMPELLED HIM TO MAKE THE FAMOUS RETROGRADE MOVEMENT SCHLEY SAYS IF SPANISH SHIPS HAD APPEARED ORDER FROM THE DEPARTMENT NOT CLEAR IN THE WORDING Instructions Sent From mander of the Flying Washington to the Com- Squadron Are Declared by Him to Have Been of a Very Ambiguous Character ASHINGTON, Oct. 29.—The cross-examination of Admiral Schley was continued through the court of inquiry to-day. The progress made was ex- ; slow. Practically the whole day was consumed in questioning the admiral about the cruise from Cienfuegos to Saa- tiago and the motives and influences that governed him In turning -back -after his squadron had arrived in the vicinity of the latter port. This latter branch of the cross-examination had not been concluded when the court adjourned. The blockade at Santiago, the recon- noissance on May 31 and the battie of Juiy 2 still remain to be covered. It is hardly probable that the judge advocate can con- clude before adjournment to-morrow. After he finishes quite a number of ques- | tions prepared by the members of the court will be submitted. The judge advocate, in conducting the cross-examination, used a carefully pre- pared typewritten list of questions. called tor a comparison of statements Ad- miral Schley bas made either in his direct testimony, in his communication to the Senate or in his dispatches to Admiral Sampson or the Navy Department, with the testimony of witnesses whg have pre- ceded him and the logs and signal books of the other vessels of the fleet. The ques- uons were not asked in chronological or- der, but jumped from one subject to an- other and from one stage of the campaign 1o another. Throughout the strain to which the wit- ness naturally was subjected while under examination the admiral retained his cus- tlomary composure. Only once or twice did he display impatience or weariness. At one point when asked a question he re- plied that he had been asked the same | question yesterday, at the same time tell- ing what his reply had been then. another occasion, when he was bein; searchingly interrogated as to his dis: tances from shore at Cienfeugos and as to whether the distances were a matter of record, he responded rather tartly: “Oh, mo. I did not know these ever would become a matter of such great im- | portance or*l should have platted them | and made a memorandum as 1 would of | many other things.” The main points to which the cross-ex- amination was directed to-day were the ability of the ships to coal off Cienfuegos and the reasons for what is known as the retrograde movement.”’ The latter point was dwelt upon with much emphasis and detail and had not been disposed of fu when the court adjourned. The admial gave three reasons for turning back: First, the statement of Captain %x that the enemy was not in Santiago; sec- ond, the opinion of Nunez, the pliot, that the entrance was too narrow and shallow for the Spanish fleet to enter, and third, the ambiguity of the department’s tele- gram. In the course of the cross-examination the admiral said he regarded the depart- ment's dispatch rather as a suggestion than as an explicit order, a suggestion which he carried out after the sea had abated and the coal supply of the ships had been replenished. AR . TESTIMONY OF SCHLEY. Judge Advocate Resumes Cross-Ex- amination of the Admiral. WASHINGTON, Oect. —Judge Advocate. Lemly resumed the cross-examination of Rear Admiral Schley after the court convemed at 11 o'clock to-day. When the court adjourned yesterday he was still questioning the wit- ess With reference to the cruise from Clen- to Santiago and he resumed to-day ber of questions relating to the condition of the weather on May 2 voyage. He also reverted to the detach. the Eagle from the flying squadron and ught the witness to the consideration of several other minor details of that .movement before coming to the meeting with the scout- boats, twenty-five miles south of Santiago on the evening of May 25. when the retrograde toward Key West in search of coal suming the cross-examination of Schley Judge Advocate Lemly an- r i that with tne assent of counsel for the other side the signal books of the New York for May 15 and 1¥ and July 2 and July 3 and the Brooklyn's for May 1§ to June 2, in- clusive, and July 2 and 3, would be included in the record. He explained that May 18 and 15 were the day before and the day on which | the New York leit Key West. The first ques- 2 the judge advocate asked was in connec- tion with Admiral Schiey’s examination in chief regarding the meeting with the Eagle aiter the flying squadron left Key West. ““You said you had a distinct recollection that the Eaxle passed withun hail in the Yucatan Channel and that she reported no new: ‘Not In the Yucatan Channel. We passed the Eagie soon after leaving Key West."” he passed within hafl 7" As you sent the Scorpion to communicate with her do you not think you were in error?”’ “No, 1 do not think I am mistaken.™ Did the Eagle report anything else?” 0; only that she had no news." The judge advocate then passed to Clen- | fuegos, examining Schley upon his statement that upon the arrival of the squadron there the | Scorpion was sent in as a picket boat and asked him to reconcile that statement with the en- try in the log of the Scorplon to the effect that from midnight to 4 &. m., “drifted in com- pany with the fieet for the remainder of the watch.” The admiral not necessarily absolutely in touch with the fieet. As he re- called it, all the ships were drifting. “Did you regard her under these clrcum- nces as a picket boat?" I did. She was drifting inshore.” How far inside?” ““That would be & guess; perhaps a mile.” Golng back to the Adula’s appearance at Cienfuegos. Captain Lemly asked about the war bulletin brought by that vessel and msked if 1t had not stated that the Spanish fleet 1ad left there May 20. This the witness admiited Wwas true, &s he also did that he had sald ‘he distance from Clenfuegos to Santiago was from thirty-six to forty-eight hours. Then Captsin Lemiy asked ‘Would not the fact that from thirty-six to forty-elght hours was necessary in covering this distance have brought the Spaniards to Cienfuegos after your arrival there?" “1 4id mot wish to be understood that that explained that that entry aid st time would have been necessary for the Span- | lards to make the voyage. I meant stmply to give the time consumed by the flying squad- Ton in making the voyage.” They | On | gsbee, | who ccmmanded the scout ship St. Paul, | e he had left off yesterday, asking a num- | and 26, the dates of | mean that the Scorplon was | | Reverting to the blockade of Clenfuegos, Cap. | tain Lemly asked the witness how he estimated | the distance of the biockading fleet to be be- | tween three and four miles from shore. | *In the daytime I took & bow and beam bear- ing. This, together with the surf and the land, seemed to confirm that that distance was corréct.” The admiral, in answer to another question by Captain Lemiy, said he had platted the distance on a chart for his own information. He did not know this would ever become a matter of such importance, otherwise he should have kept the memorandum as he would have kept a great many other things. Schley Was on Watch. Admiral Schley said he kept a close watch | at day and at night, while awake, while off Clenfuegos. He sald he had seen no auxiliary cruiser or gunboat near the entrance to the harbor, as testified to by Lieutenant Griffin, The witness had an indistinct recollection of | having seen the mast or perhaps the top of | a pipe over the hills. He saw nothing larger coming near the mouth of the harbor than an ordinary steam launch. In response to a request from Captain Lemly the witness read extracts from the Brooklyn's 108, With a view of showing that the admiral's | memory had been at fault when he had stated that the fleet was closer in at night than dur- ing the day time. The admiral had also testi- fled that the sef of the current was toward the shore. The log showed that at various times the squadron had steamed in as well as out. Captain Lemly called his attention to the log on the following day, May 24, and asked him whether these entries in the log should not show that the ships steamed both in and out. | *Yes replied the witness; ‘‘but as the en- tries do not show the speed it is impossible to tell the distance. We usually steamed slowly as_possible, simply kept steerage-way. “Had Cervera's fleet appeared during the nights you were at Clenfuegos, either coming out or coming in from seaward, what, under | your instructions, would your fleet have done?" Cnocked them out.”’ (A stir in court.) “What were your instructions?” “To follow the flag—instructions given at Hampton Roads.” ““What were your written instructions?" ““There were none. I do not consider that the regulations or customs required written in- | structions.” Is it not the unwritten law at sea that the vessels in squadron shall follow the flag?" ‘'Yes, except under certain circumstances."” What clrcumstances?" ““Well, a vessel might see one of the enemy’ ships drop out and follow to attack her. That might be one of the circumstances. In response to other questions Admiral Schley sald there were three or four boats stretched across the harbor at Cienfuegos. Captain Lemly cailed the attention of the witness to the fact that in his former testimony he had sald that Lieutenant Wood had reported him as speaking disrespectfully of Admiral Sampson, calling him captain. The admiral re- plied that he might have got Wood confused with Hood and upon referring to the comt rec- ord he said it was true that Wood had not so testified. The admiral was again questioned concerning the return of his papers to the Navy Department. ““All my papers,”” he replied, “‘were packed in a box and so far as 1 know not a single one was left, except some blueprints, and the second copy of the ‘Dear Schley’ letter, which was put in an envelope and retained.’ | ' “You were aware of the department’s regula- | tion requiring that all papers should be Te- | turnea upon surrendering a flagship?” “1 was aware of that reguiation, but my papers after being boxed up were inadvert- ently sent after me to_ Porto Rico after the close of the campaign. I did not return to the Tnited States until November. 1 then deliv- ered them as required.” Captain Lemly then questiqned the witness regarding the wind off Clenfuegos while the fiying squadron was there. Admiral Schley had stated in his testimony in chief that the wind then was fresh. Captain Lemly called the at- tention of the witness to the 10g of the Brook- Iyn for May 23 and 24. The log showed the £tate of the wind at different perlods on those dates. varying from one to four. ““Why did you, on the day the Iowa coaled from the Merrimac, May 23, inform' Admiral Sampson that coaling off Clenfuegos was very uncertain?" “‘Simply on account of the weather."” "ou coaled one of the battleships?” “Did_you in the same dispatch inform Ad- miral Sampson that one of the battleships had béen coaled on that day?"* 1 reported that fact to him on May 30." Referring to the blockade of Santiago, Captain Lemly asked the witness why he had sent a dispatch to Admiral Sampson that ‘‘on account of short coal supply, cannot blockade them (the Spaniards) in Santiago?’ ‘I meant that if we could not have coaled off Santiago, we could not have stayed there.’ “‘Did you state that condition ‘No; 1 did not state that condition. That was the impression in my min “What did you mean by the report, ‘T shall not be able to remain off that port (Santiago) | on account of short coal supply? ** 4 “I think all the vessels Were more or less short of their complement, and considering the fact that they ought to be fit for any service and for every service that In arriving | off the port we should be more than half or three-quarters full.’” “How about the Brooklyn? of coal, did she not?” “I don't think there was ever any question about the Brooklyn.” | “How about the Massachusetts?" “‘The Massachusetts and the Texas were con- stantly solicitous about coal.” Captain Lemly asked the admiral to point out the signals of the Massachusetts and Texas showing solicitude about coal and also to in- clude the Towa. Questions as to Coal. In respohse Admiral Schley sald that when the Iowa arrived at Clenfuegos she only had about half her coal suppiy aboard and almost her first request was for coal from the colller. “Did she get coal? | “Yes. She took on about 230 tons. The admiral was then proceeding to read the signals from the Iowa, Massachusetts and Texas to the flagship relative to coal when Captain Lemly interrupted to say that the ad- miral had already testified to those signals in his testimony in chief, whereupon Captain Parker protested that it was unfair to the witness to ask for signals and then stop him | as soon as he had begun to comply. Captain Lemly disclaimed any desire to be unfair, What She had plenty he wanted was signals indicating solicitude for coal. Thereupon Admiral Schley proceeded with the reading of the signals. After he had read about twenty he looked u. “Do you want any more he Inquired. “Not unless Captain Parker does,” replied Captain Lemly. . admiral 1s,” observed “1 am satisfied, if the Captain Parker. ““Which of these signals indicates solicitude 1" Captain Lemly asked, 1 should say all or most of them,” replied the witness. Captain Lemly at this point went back to | the s of the sea. ““The log -of the Brooklyn shows that on May 24 the sea was smooth. Why then on that day did you In your report to Admiral Sampson express apprehension of difculty in coaling off Santlago?’ | _"As I have stated before a sea that would be smooth for the Brooklyn would be rough for smaller vessels.” “Did you on May 24, before McCalla report- ed that the fleet was not in Clenfuegos, con- APPLAUSE FOR THE EVERETT. THE WILEY B. ALLEN CO., 933 Market Stret, San Francisco. (Branch Stores at Oakland, Alameda and San Jose.) This is a new piano in a new field, and sold exclusively by Frisco’s new Piano House. 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AT CIENFUEGOS HE WOULD HAVE DESTROYED THEM AD Cervera’s fleet appeared during the nights you were at.Cienfuegos, either coming out or coming in from seaward, what, under your instructions, would your fleet have done?” “Knocked them o g “What were your ten instructions.” under cross-examination. o e I template sending one or two of your larger vessels back to Key West for coal?"” “I think I contemplated sending some of the ships back, it we should unable to coal within a week."” “'At what time did you learn definitel the Spanish fleet was not In Clenfuegos?" “Upon Captain McCalla’s return about 4 p. m, May 24" “"What time did you sail for Santiago?'’ “My impression is that we formed column between 5 and 6 p. ‘m. and stood off on a course south by east and then stopped, leaving the Castine In front of the harbor. By 7 or £ o'clock we got under way, laying our course southwest by south.” When his attention was called to the fact that he had in a report said.that the de- parture was timed at 5:15 he sald that not having the data before him.when he made that statement he had taken the information from Captain McCalla's report. “That statement,” he said, ‘‘referred to the time of the formation of column, as 1 regarded that as a preliminary step to getting off. ‘“Were there any signals?”’ ‘here were." #Was it dark when you got under way?"' “I do not remember entirely, but it must that be borne in mind that darkness comes early in that vieinity. It was, however, darlk enough to read the Ardois signals. I cannot say just what the were used up to 9:25 p. ““You were ordered to were you not?’ ‘“Yes; that is, we were so ordered, if we should proceed in the daytime. Our direc- tlons in dispatch No. 8 were to bear in mind that vessels could be traced by their smcke for thirty or forty miles. I belleve that we were g0 far away at that time that the peo- ple on shore would not know what we were doing other than signaling, even if they did see.” ““The Ardols code 18 not a secret code, is 17" “Ordinarily it is practically so. It is a code of letters. I don't believe they could be translated by forelgn people.” “Did you use a key in employing them on this occasion? 1 don’t recall.”” “You remember that you were near encugh to the village of Trinidad to see lights on shore there that night, do you not?"” “I only saw the loom of the lights in the clouds there. The lights themselves might huve been seen from the bridge of the ship, but I did not see them.” § “When you left Clenfuegos where did yo think the Spanish squadron was?” asked Cap- tain Lem “I did not, of course, know exactly where it was. If I had I would have gone straight for it, According . to the information which came to me, I supposed that if it was not at San- tlago ft was somewhere in the neighborhood, but my Impression was that it had come out, as this information from the admiral had inl dicated, but just where it was, of course, I could not decide.” Adula Not Suspicious. “Did you give any special instructions to . m. ‘mask your movements, ut.” (A stir in court.) instructions?” your captains while making this passaj Clenfuegos to Santiago, in regard to the look- out for the Spanish fleet?” “I did not give any special instructions, They bad their general instructions.’” ‘‘Referring, to the Adula, which Captain Cook sald he boarded as a suspicious craft, do you know shé was afterward captured and con- demned as a prize?"’ 1 d6 not know whethér it was the same ves- sel or. not: I never saw her afterward. There certainly evas nothing to me in the examina- tion of her that indicated she was a suspicious ship. She was duly ceftified by our State De- partment to enter the port.of Clenfuegos. “Did you say in any one of your communi- catlons of -May 27 to the department that the ‘weather” was boisterous since leavihg Key West?" “Yes; k The judge advocate then asked the witness to examine the 1og of the Brooklyn from the 19th to the 27th. He read to the court the en- tries.” Golng back to the Adula incident, Cap- tain Lemly asked if she had authority from the State Department to enter Clenfuegos. . The witness replied that she carrled an authoriza- tion from our Consul General at Kingston. . “‘You testified that on the journey to San- tiago the Eagle’s forward compartment filled with water. When did you learn this?’ “I do not recall exactly. It is pretty hard to differentiate what I knew then and what I learned later.'” “‘But you have testified that you had, pm(t! Sood recollection and very little imagination,” “I did.” ’ ““And that your recollection was better than Folger's.” “Yes, I think it was upon that particular point.” “The point s, did the fact that her com- partment filled with water haye anything to do with your sending her away? I do mot think it did; it was her coal sup- ply_that governed.” “You testified that Southerland signaled to you that he was dangerously short of coal? “‘She reported to me, I do not recall whether by signal or megaphone. She came up under our quarter. “Did she not signal to you befors leaving Cienfuegos that she had five days’ coal aboard and that In six hours she could take on enough to last nine days?’ Without waiting for a reply Captain Lemly read a_signal to this effect from the Eagle to the Brooklyn, but in the Brooklyn's log the answer was recorded in reply to the Brcok- lyn’'s questions as to how much coal the Eagle had for steaming at ten knots: “Nine days at ten knots.”” Captain Lemly then read the coal report of the fleet for May 26, showing that the Bagle on that day reported to the Brock- lyn that she had twenty-eight tons. “‘Can you state whether the squadron made better speed after che Eagle was sent away?’ “You asked me that question vesterday and I sald I could not recall. The wind had gone c¢own, and i think had changed in direction, and the possibility s that she may have made a little more speed, perhaps not ma- terially more. T o S e e LAWSUIT SEQUEL T0 % AR GAME SALINAS, Oct. 20.°The trial of an im- portant land suit was begun this morning before Judge Dorn in the Superior Court. The Commercial and Savings Bank of San Jose seeks to recover $17,000 and costs, the whole amounting to $22,000, from the es- tate of the late Willlam B. True of San Francisco. The bank claims the amount on a note secured by a mortgage on $43.65 acres of land near SaMnas, known as tho Los Vergeles Rancho. The mortgage was given by True, it is alleged, when he urchased the ranch from Mitchell Phil- ips. rue, in his answer and cross complaint, had alleged that Phillips and & Moore conspired to defraud him by in- ducing him to pay more for the land than it was worth. The administrator of_his estate avers that “‘on April 11 True, Phil- lips and Moore were playing cards at the ranch house; that True was constantly plied with liquor by sald other Snrues and that while he was under the influence of liquor Phillips proposed to sell the property to him for $25,000, although an offer had been made of $5,000 for (he same land. Phillips, when told that True had money, sald he would take $8000 cash, so as to pay a mortgage thereon, and a mortgage for $17,000. True. in s Veakened condition, went with Moore and Phillips to a lawyer's office, where, he alleges, he found a deed, mortgage and note already made out. He signed the same without investigation. He claims that he owes nothing, as the real value of the pro; y is only $25,000." The plaintiffs deny all the allegations in True's answer and claim that True knew what he was about when he pur- chased the ranch. Royal Relative a Citizen. SALT LAKE, Utah, Oct. 20.—Louis FEu- genie Gardin de Classe, formerly a Countess of France, was_to-day ted citizenship by Judge art. Mme, de Classe is related to the royal Bourbon family of France. @ i O SHOOTING OF COLORED MEN. FAMED HORSES SUFFER DENTH CHARLOTTE, N. C., Oct. 20.—One hun- dred. and ten of the ring horses of Buf- falo Bill's Wild West show were crushed to death In a railroad wreck near Lexing- ton at 3 o'clock this morning. Among the horses killed was “Old Pap,” Colonel Cody’s favorite saddle horse. “‘Old Eagle,” the star ring horse, was killed and his mangled body fell on top of one of the wrecked engines. The mules that drew the Deadwood coach also were killed. Only two or three horses escaped death. The aceident was the result of a head- end collision between a fast southbound freight train and the second section of the show train, and was due to a misunder- standing of orders. Several train hands were injured, but no man was killed. Colonel Cody spent to-day at the scena of the wreck and is heartbroken over the slaughter. He says his loss is $60,00. The train was en route to Danville, where the show was to have disbanded and the ani- mals were to be sent to Bridgeport, Conn., to_go into winter quarters. NEW ORLEANS, Oct. 29.—The Fore- g&ush & Sells circus was in a collision to- ay near Baton Rouge. Four cars loaded with animal cages were badly wrecked, but none of the animals escaped. A car- load of elephants were turned loose through the wreck, but after they had wandered about the country a short time they were driven into Baton Rouge and corraled. Three men were badly hurt. The wreck was caused by the front sec- tion of the circus train running into the rear end of a freight train. [ R e Y ) Simmons, and a message was sent to the ne“graeu. - “Do you want any more?’ was the query. :l“l:lc."hcsme th? aeply. ook, & s had a quiet and peace R T i on i e negroes left the country. They car- ried all the personal effects possible, Those who could rode on horseback and in buggles and those who could not ride took to the woods afoot. Those who were & -little bolder- lined - the ‘roads, getting' out of the community. The negroes are cowed and the whites believe there will be no further troubl Continued From Page One. ADVERTISEMENTS. S et e e mis | Difficult Digestion through the pine woods, which was has- | That is dyspepsia. tily converted into a hospital. There Seal died yesterday. He was buried this evening from his home in Verando, six miles away. In the Zones Emergency Hospital Elliott now lies dying. For twenty-four hours it looked like a general uprising to wipe out the black race in Washington parish. The news spread like wildfire and yesterday over 1000 armed men had reached the scene of battle. They came from miles and miles, some from as far away as Monticello, Sheriff Norman H. Simmons and J. K. Johnson, clerk of the court of the par- ish, arrived from Franklin yesterday morning and the feel subsided. Governor Longino of Mississippl and Governor Heard of Louislana were noti- fled and replies came that troops would be hurried to the scene. Had All They Desired. Yesterday afternoon the nine negroes w.o were left in a heap where they had aled were piled into three unmarked ves dug near the charred remains of mt'- tent house. There was no cere- mofln&c The missionary and his daughter filled one of the holes and the women and child another, the men a third. At the same time prominent citizens held a con- ! ference, which was attended by Sherift It makes life miserable. Its sufferers eat not because they want ta ~but simply because they yust. They know they are irritable and fretfal; but they cannot be otherwise. They complain of a mm‘»mm' mouth, a.tenderness at the pit of the stom- ach, an uneasy feeling of fulness, headache, heartburn and what not. 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That might be one of the circumstances.”—From the testimony given by Admiral Schley “In what way did Lieutenant Southerland make known his regret that he had to leave the squadron for coal?” +By megaphone,” “You say he did not protest against leaving the_ squadron?* ‘Mo, he did mot. Such-a protest would bave been so extraordinary that I would have remembered it, I am sure. I do not remem- ber, as he testified, that he begged to coal alongside. That would not have been pos- eible. I was principally directed by the mo- tion of his vessel. In reply to a question the witness said that the Merrimac had signaled her accident on May 26 at 6:15 of that date and that at that time he was heading toward Santiago. Reterring to the beginning of the westward movement at that time, Captain Lemly called Admiral Schley’s attention to the fact he (the witness) had said in his testimony in chief ‘that as séon as the sea had calmed down he had begun to coal, considering himself better able to judge than any other officer. Captain Lemly then had the witness examine the log of the Brooklyn for the purpose of bringing out thé fact that during the day of the 27th the barometer was rising, the breeze dying down and the sea becoming calmer. ‘ ‘Notwithstanding these improved conditions, dld you not steam_twenty-three miles to the Westward that day before attempting to coal?’ After looking at ‘the log the admiral said that according to that memorandum he had Steamed eighteen miles. Further, the admiral ftated that they had been obliged to steam three or four knots farther than they needed to. overtake the Yale, which did mot respond to the Brooklyn's signal. The Disobedience Charge. “In your testimony you say that you did not disobey orders when you started westward be- cause you returned to your station without further direction. Am I right?’ Yes." 'Upon recelpt of the Instructions did you not, nevertheless, leave your station?’’ *¥es, 1 did, for these reasons: First, because Captain Sigsbee, a scout placed in fromt of Santiago barbor, informed me that he did not believe the Spanish fleet was there; second, beeause Nunez, the pilot, told me he did not belleve the enemy’s fieet’ could enter the har- bor; third, the order No. 7, with the accom- panylng memorandum in which Admiral Samp- son mintmized the importance of this squadron being there and the fact that the department’s telegram which reached me on May 27 was so ambiguous in its terms. It authorized me to coal at Gonalves, Haytl. or at Cape Cruz, Gon- alves, belng to the eastward, and knowing that Admiral Sampson was at Bay Francis, in the Bahama channel to the north, it occurred to me that if the Spanish squadron were extant the Dproper strategical move was to g0 to tne west- ward and not the eastward. I was authorized in the same telegram to move as far west as Cape Cruz, provided coaling had been found possible there. I did not go to Cape Orus within eighty miles, I think. Now those were felt that the move west was strategically the proper one, with a determination to coal as quickly as possible, and that the efficiency of any squadron as a unit was only equal to the efficlency of the coal supply of the slowest one that composed it. These were the mo- tives which caused that movement. The am- bigulty of the telegram from the department, I think, is manifest almost at once, because it states first specifically that all the depart- ment’s information indicated so and so. That is that the Spanish fleet was still at Santiago. It pointed out a place which at that time was not accessible, and, lastly, it looked to me to determine and report whether the enemy was in port or not. Those were the influencing mo- iy aptatn Lemly—And you were satisfied from these, without taking any steps whatever to ascertain if this order or these reports were correct? I ascertained for myself through the me- dium that the department had placed thers to ADVERTISEMENTS SEASONABLE HINTS. Guard Your Health in Fall and Early Winter. A change from warm to cold is always attended with more danger than from a cold to a warm temperature, hence the greater mortality from lung and throat diseases at this season of the year as compared with spring. The best protection against colds Is not so n‘:ucn in extra clothing as in good di- gestion. 1f the digestion and circulation are good, colds will be unknown. Poor digestion causes poor circulation of the blood, and when in this condition severe colds ‘are contracted on the slight- est provocation. People who make a regular practice of taking Stuart’s Dyspepsia Tablets after meals are free from colds simply because thelr digestion is perfect, the heart strong and regular, and the whole system forti- fied against disease. It requires little argument to convince any one that the safeguard against colds, pneumonia and changes of temper- ature is a good stomach. “Stuart’ pepsia Tablets taken after meals are dissolved, and mingling with the food cause it to be promptly digested and assimilated: they do this because they contain nothing but harmless digestive elements, which digest meat, eggs and other food even when the stomach itself is weak and flaccid. 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I must have relled upon what they said.”” Schley again spoke of the dispatch of the de- partment indicating that the Spanish fleet was still 4t Santlago as ambiguous and sald that the information that there were Cubans five or six miles west of Santiago was erroneous, | for the Cuban pilot, Nunez, had informed him to the contrary. He claimed that the dispatch also was ambiguous in_the matter of coaling | the Harvard from tbe Merrimac. ““Why do you revert to No. 7 when you had dispatch No. 8 in your possession?’ “I merely reverted to No. 7 as one of the doubtful questions.” “If you will look at the memorandum of No. 8 you will also find that Admiral Sampson held to the view that when you left Clenfuegos the Spanish squadron probably =would leave Santiago. ““Ot course, if I had gome to the eastward and exposed the westward there might have been more serious consequences.’” “Now do you note in this communication which you have been referring to these words, ‘The department looks to you to ascertain | facts and that the enemy, if therein, does not | leave without a decisive action.’ Did you take | any steps further than you have stated to | ascertain the facts?’ ~ “No. I thought that the information whicl I had was pretty conclustve. I did not see | anything in this dispatch, however, that par- takes of an order; it is rather a suggestion. There is a vast difference between communica- tions that come to you in the nature of sug- gestions and those that come to you in the nature of orders. I think the department never hesitates to ‘order distinctly when it is decided about matters. All this points to the fact that there was no certain information in the possession of anybody that the enemy was | really there and that which they had was not to be relied upon, or that it was untrust- worthy."" | “In regard to this landing place five or six miles west of the harbor you say you ascer- tained subsequently that the Spanish were there and not Cubans?” “‘So Nunez stated on the 1st, and upon that | I predicated the remark that if we had land- | ed in that position probably we would have | been gobbled up.’” “You did not try to land there?” “‘No, thank God, I did not.” ‘““You did not follow up that cue and find out at that time whether insurgents were there. d1a you?” “Pérhaps it is lucky T 414 not.” | “Don’t you think perhaps it might have been | lucky if you had?” | “No, I do not think so.” | “You did not know really who was present | there at that time?” “Personally I did not know, only in the light of what I subsequently heard.” “Did you not in fact finally accept the dls- patch of the department as an order to re- main Off Santiago and so indicate in telegrams and_signals without yourself acquiring any further information as to the whereabouts of the Spanish fleet?"” Raynor—The word ‘‘remain” is not in that dispatch. It is in the Secretary’s letter. T think the Secretary has inadvertently fallen into an error about that. Captain Lemly—What the point of the question? Raynor—My point s that you use the word “remain” In referring to the dispatch and the Secretary of the Navy used the same word, when the word ‘‘remain’ is not In the dis- patch. Captain Lemly—T had no point to maks on that. I simply read that word “remain” in trying to paraphrase the question. Raynor—It is:nct a correct paraphrase. Captain Lemly—The word ‘remain’ is mot in that (reading): *‘The department lacks to you to aseortain fagfsg. If. the enemy Is in there do not’ leave without decl: action." Raynor—The enemy did mot leave without & decisive action and he did ascertain the fasts, but the trouble is the Secretary of the Navy Rhas used the word “remain.”” You see it im- plies there was a dispatch to him to remain at_Santiago. Captain Lemly—Then I will change my ques- tion and ask if you did not accept it as re- questing you to return and if, as a matter of fact, you did mot remain off Santiago after that Admiral Schley—No, I think that my reason for remaining— Captain Lemly—Remaining or returning? Admiral Schiey—] mean remaining in that nelghborhood. Hanna—The impropriety of your referring to a letter of the Secretary of the Navy Is ob~ vious. Raynor—It is in evidence. Hanna—It is in evidence, but It has no rela~ tion to the subject. Raynor—Don’t say that a letter of the Secre- tary of the Navy is not in evidence. It {s as much in evidence as’ any documents in the world. This is a very important matter. It 1s an inadvertence on the part of the Secretary of the Navy, entirely unmintentional. He uses the word “remain” when that word is not im | the original dispatch. Captain Lemly—If the court please, this is what they call in football ‘““Interference,” and it is for no other purpose whatever than to interfere with the examination of this mat- ter. Captain Parker—It is “interference’ tiiat fre- quently wins the game. At this point the court took its usual recess for luncheon. After the recess Captaim Lemly Tepeated his question of the forencon as fol- ows “Did you not accept it (meaning the order referred to previously) requiring you to re- turn? As a matter of fact did you not re- maln off Santiago after that?” Admiral Schley—I sald-that after the coaling effidiency of the squadron had been established on a basis of -equality, and as we Were mot very dis t from Santiago, in View of the Secretary's susgestion I returned to ascertain definitely whether the enemy was in port. Upon our return we discovered’ the Spanish squadron In the harbor. We may have been perhaps four and a half miles or four miles. We were always nearer at night than in the aay time. Captain Lemly then asked if the picket boats were two miles inside of the squadron. Admiral Schiey replied in the atfirmative and added: “I think it would not have been diffi- cult with night glasses to see them. The nights ‘were pretty clear there for some time I In- variably looked for the pickets before going below." “Did you designate the formation of the squadron under your command prior to Ju % when blockading off Santiago as a line of attle ™" “Yes, 1 was in ling of battle all the time, in_column,' “Did you discuss with any of your captains the plan of battle as outlined in your evidence in chief and the changing from column to It of battle?” “I do not really remember the full extent of the discussion, but it was a general ex- planation of the plan. Why I say that is because Captain Evans said to me: ‘Then you | propose to charge into the entrance,’ and that would lead me to infer that there must have been some explanation, because that was the purpose. If we were in line or column of bat- tle off the harbor and the enemy should appear a wheel would bring us in line directly for them and) another wheel would bring us east or west if they turned east or west., That 0o- curred to me as & very facile and mobile move- ment. My squadfon was small and I had to keep it together as a unit.” At this point Admiral Schiey complained of sensitiveness in his throat and the court ad- ioumed ten minutes in advance of the usual ime” until 11 o’clock to-morrow. POLITICAL. i BRI o MAYOR, JOSEPH S. TOBIN, Democratic Nominee. FOR MAYOR, ASA. R. WELLS. REPUBLICAN NOMINEE. ».. FOR... AUDITOR HARRY BAEHR, Regular Republican Nominee. VOTE FOR JOHN FARNHAM —FOR— PUBLIC ADMINISTRATOR. REPUBLICAN NOMINER, FOR TAX COLLECTOR, Joseph Fassler Democratic Nominee, VOTE FOR PUBLIC ADHII‘Nlt R - TRATOR For.. CITY ATTORNEY, JudgeJ.E.Barry Regular Republican Nomines. For Tax Collector, Edw'd J, Smith , Republican Nominee. For SHERIFF, John Lackmann, Regular Republican Nominee. For RECORDER, Chas. E. Corey » Reyub!l_can Nominee-