Show IC t GOOD HEADWAY MADE I I t Schley Court of Inquiry Concludes With Ad i L t miral Evans and Hears Three 1 L f t t New Witnesses it i New People Who Took the Stand Were Capt Sigsbce Thomas Newspaper Correspondent Who Was on the Texas Dieuadc a 1 buring the Battle of July 3rd and Oustav E Becker a Clerk 1 i I Admiral Sampson + to < I > I I 1 c I r t > Washington Oct 1The Schley court bf Inquiry made good headway again today concluding with Admiral Evans and hearing three new witnesses although al-though the testimony of one of thorn was not concluded when the court adjourned ad-journed for the day Admiral Evanss testimony was along I the same lines as was his statement oC yesterday hul some points were presented pre-sented In greater detail In response to questions by Mr i Raynor The new wilncssca were CapL SIg bee who comniandcd the escort iSt I Paul during the Santiago campaign J Thomas M DIeualde a newspaper correspondent r respondent who was on the Texas during thebattle of July 3rd and Chief Yeoman Guatav E Becker who was a clerk to Admiral Sampson during the l war SIGSBEES TESTIMONY 1 Capt Slgsbees testimony covered his CommunJcations to Commodore Schley 1 upon the latters arrival off Santiago 1 t 3Iay 2C JSD8 and at subsequent dates i and dealt with the stale of the weather I at thaj period lie was asked a great j i number of questions by the court 3 uleuaide described the loop of the I Brooklyn as seen from the Texas Mr Becker testified as to dispatches sent by Admiral Sampson to Commodore j t Commo-dore Schley SYMPATHY FOR LEMLY Gfneral sympathy was expressed on 1 tho pnrt of tIe members ot the court rind those hi Attendance wilh Judge Advocate Lemly because of the death J of his sister which occurred terday Oupt Lenity wan present when the court convened but immediately withdrew with-drew CupL Miller who commanded the culllcr Merrlmac before she was tunic by Lieut Hobson was called for the purpose of correcting the official record of hls testimony given yesterday yester-day ADMIRAL EVANS RECALLED L Admiral Evans was then recalled Mr Rtiynor began his Interrogations I by asking the witness concerning the i ttjerel code of signals for communicating I communicat-ing with the Cuban insurgents near Clenfuegoa The Admiral said that 2 j when Capt Chadwlck communicated I t Lhls code to him he did not Instruct i him to give the Information I to Commodore r I Com-modore Schley Mr Raynor then I 1 questioned the witness especially as tobin to-bin Interviews with Commodore Schley after the battle Santiago j S POINTED QUESTIONS Yesterday1 paid Mr Raynor I was A peakIng df a conversation which J i thought l you had at Guantananio on t J July 5ih IHnd L have made a mistake mis-take about that and It necessary for life to rep eaf iy questionTstfpiioE < r you will answe1 In the same way i t lie then nsked Did you have a con veraalion with Commodore Schley tAJ July Illi time thcmolu J j some during mornIng morn-Ing between S and 1J clock on his r 1 flagship at Santiago in the course of which you used language as follows I Did you know that Jack Philip starled to run awny at the beginning or the battle1 and to which Commodore Sihjcy replied You are mistaken L about that Evans 1 saw nothing of the kind The Brooklyn made a turn imd you must see the tactical slluo j ilon lhat made It necessary 1 DENIES TILE CONVERSATION a I dp not remember being on board the Brooklyn on the Fourth of July i 1 I Ihlnk It was the 5th at Guantanamo J J am quite positive I was not on boardt thoBrooklyn off Santiago hut once land l-and that was a long time beforp that 1 As tothe conversation I never said 1 to Hid effect that Capt Philip had run nufly 01 attempted to run away On i thinking over last night what did occur with reference to thu Texas I thinly Commodore Schley and I discussed the position of the Texas when the llght bigan The Texas was lying 1 with her head to the east when the engagement e en-gagement began and she turned with starboard helm and headed off In the aaine direction as the rest of UP Sho flred llrbt with her port buttery and then put her helm to starboard and l headed 1 in thc ame direction with the rest or the ships 1 think that question ques-tion 1 discussed with Commodore Sfhley I cannot be sure of It but that I over Intimated that Capt Philip attempted to run away with tho Texas is preposterous on the face ot it DEFIES ANOTHER STATEMENT Did you have a conversation with him onWc same day at the same placf and at t the same hour or at any other place IP which you used substantially sub-stantially the following language I t1iot tie bow off the TltUon the stem oft tht > Furor put my helm to starboard star-board and rnked thc Tercsft and knocked out the Vlxcaya To the best of my knowledge and bcllpf I never n j C d such language CALLED ON BOARD BROOKLYN Were not the commanding olllccro called on board the flagship Brooklyn by plgim on the morning of May 29th rftcr the Colon was discovered1 They were Can you tell me or do you recollect recol-lect what took place at the conference confer-ence of the commanding olllcers at that tiineT Commodore Schley was In I tho cabin of the Brooklyn when wo as Noniblcd and there was a general talk nbmil the Spanish licet having been located at last at Santlaco I TALKED WITH SCHLEY 1 I ijjjfinot l recollect any special con I fcrgner 1 dont think It was In the I niituro of a conference 1 do not rcc ollept now that the olllceis were asked to cxprcss any opinion I remember haying a conversation with Commodore f Commo-dore Schlc > about the effect of the f fighting batteries on the ships In Whldl I told him of the experience WR hn n San Juan and expressed then of > the-n to him that It was not worth fclu to riskships lighting shore batter 1 bat-ter alone that I did not think anything any-thing 1 would bo gained by it In the I Uf under consideration the Spanish 3 I ships Teic present In tin harbor The 1 condlilona were changed and we would t have to take the rink of the fire from L tno buttttiles in order to get it them 1 I remember Commodore Schloy ro nuirkliiK before we left that he felt that the country held him responsible thlH the ships should not be risked under the arc of the short batteries until the Spanish fleet was destroyed f ATTENTION1 CALLED TO REPORT want to call your attention to the s report or Capt McCalla of the Mar blchcad on pag I2G of the appendix which says Commodore SclUey explained to p te f1 t I I tne commanding i ufilcers that in case the Spanish ships oame out he wished I to concentrate the batteries of all our hlps or a portion of those of the I cucmy This was not dxplalned as a i tactical concentration of our whole i force on a j > art of the enemy but asa as-a division of our whole lire on several sev-eral of the enemys ships During the time the commanding officers were on hoard the nugshlfJ Capl Evans asked Commodore Schley if it were his Intention In-tention to steam at the enemys ships in case they should start to come out Commodore Schley answered Certainly Cer-tainly and added words Indicative Of his intention to attack them as they I came out of the harbor RECOLLECTS CONVERSATION 1 1 recoiled 1 perfectly Is that correct I That Is correct So there was a plan of bailie arranged ar-ranged by Commodoic Schley was j there not I There is nothing there to indicate I II from What you have rend t Was not the sjame order that was afterward givenby the commanderln I I chief substantially Cloe In toward harbor entrance and attack them I You have not read anything about indicating any plnn of battle Mr Raynor And adding the words I reading indicative of his Intention to I attack them as they came out j TWO OTHER REPORTS CITED lOr want lo read you two reports your report of the engagement of the i Spanish squadron and I Would like you to loll mo whether there Is any conflicl between them and if there is I which one of these statements In your Judgment now Is correct reading After having passed at 1035 the Oquendo and Maria Teresa and on fire this vp sel continued to chase and lire upon the Vlxcaya until 103G when signal to cease firing was sounded on board It having been discovered dis-covered that UieVl7caya had struck her colors That as at 10UC In your report Now I want to read from the report of commanderInchlef rending the Vlzcaya was still under un-der the fire pC the leading I vessels the Cristobal Colon had drawn ahead leading l the phase and soon passed beyond be-yond the range of the guns of the I leading American ships The Viz cnya was soon set on fire and at I I U15 she turned in shore and was I I beached at Azerraderos fifteen miles 1 from Santiago burning fiercely etc I I have no doubt you read it cor I 1 redly WHICH IS CORRECT I Which Is conQCt If there Is a conflict con-flict bptween the commanderInchlef at the time the VIrcaya went ashore and your reportyyours at 1036 and his at ll13 Jt bccomesamatcvlal jioinLJo us which on J of the c specifications Is coJedt If hhl tlme giveh in that report of mine was furnished by the navigator and executive olllccr 6C the ship 1 of Bourse did not take the time i SPEED OF THE IOWA Mr Raynor thcn questioned the witness wit-ness HS 16 th6 speed the Iowa was making when thc Oquendo and the Maria Teresa went ashore The latter lat-ter replied that he could only say the ship was going as fast as they could make her go He thought she must have been going 3Vi knotTj an hour INTENTION OF QUESTION In cpnnection Mr Raynor asked I number of questions intended to ahow Abe Admirals official J report and his present statements as to speed were not consistent Mr Raynors point was that the Official report showed accordIng accord-Ing to measurements that the Iowa bad made eight miles in half an hour but the Admiral aid that while this might He true according the land I measurements It jmist be borne Jn mind that he was running a course at 1 sea senDISTANCE OF SQUADRON I Admiral Evans was also questioned I as to his statements concerning the distance the blockading vessels were out at night He said yesterday that the vessels of the blockading squadron Acre farther out at night than during the day and Mr Raynor read a previous previ-ous statement from him to the effect that at daylight we closed In This the Admiral paid was the exact fact that after being out farther at night the vessels came In closer at tHe t-He said that in steaming back and forth at night the vessel Just ahead could be seen but not the vessel at the head of thc co1tmn The Mal blehead farther in covM lr I opr n sionally seen but the Vixen never NO1 ORDERS FOR BATTLE While before Clcnfucgps or on the did have any orders way to Santiago you < I hers fur battle asked Mr Hanna No responded the witness We steamed in column with flankers on each side Had you any Instructions ns to what to doin case the enemy should appear We had l not 1 Admiral Evans wns then excused and Mr Thomas M DIeualde a newspaper correspondent who was on board the I Texas during the Santiago campaign i i was called I JOURNALISTS STORY Mr DIeualde said when the battle I began he had been Ir the loom b01 the junior ofllcfcrs of the ship and bad im i i mediately gone on the bridge with l Capt Philip remaining until the Captain Cap-tain had gone to the lower bridge with him There he had remained until the efiasf of tlc Colon began He had at the time made notes of the battle and these he read The Texas was then he said heading In the general dir cc tlon of tho Spanish fleet AS TO THE BROOKLYN Mr Hanna Did you see lie Brooklyn Brook-lyn at any time after the battle begun be-gun I ganI saw the Brooklyn about ten or fifteen minutes after the battle began Was that the first lime you saw her I during the action 1 I saw her before In the morning Where was she when you first saw her with respect to the Texas Oil the port of the Texas Of How far away I woulu not like to make an estimate esti-mate of the distance It seemed very close She was going seaiyard Was she headed toward the Tens Te-ns l She was on a course about right angles to mat the moment Have you any notes on that subject sub-ject made at the time Yes sir Please read them STOP BOTH ENGINES I Ill have a note at 350 quotation marks Stop both engines helm starboard star-board J boardWho Who gave that order Capt Philip I Where was the Brooklyn when the order was given I presume the Brooklyn was In front of the Texas 1 saw her a moment mo-ment later Mr Hanna Did you Inao any entries en-tries at the time with respect to the passing of the Brooklyn before the Texas WAS CLOSE SHAVE Yes the next line here reading It was Brooklyn close shave Could she have been half a mile away I should thinknot not anything < e it I would not supppse It was a quarter quar-ter oCa mile when I saw her I was standing just aft of the conning tower by the entrance In that way I heard these orders gave them and I wrote them down ns Cppt Philip gave them I went around to the lee side of the conning tower to find out why we I stopped He Philipwavedhis hand toward the Brooklyn and I saw her He said Look at that fellow going out to sea QUESTIONED BY DEWEY Admiral Dcwey Did you hear Capt Philip give any ordersto bapk the engines l en-gines 0 No sir ido not remember If I did I I turned away almost Immediately Admiral Dewey You would have if I he had given the order 1 wouldnt rou1 I might and might jiot Admiral DeweY seem to have heard everything else Oh not everything t TONED DOWN rns STORY I Sir DIeualde said in response to questions I ques-tions that he had on the day of the battle written a report of the battle I but that these facts had not been glen gl-en because Capt 3hllp had asked him I I to make It nice for everybody and I this had been his own Inclination Hens He-ns then excused for the day and asked to bring his newspaper report I of the engagement into court tomorrow tomor-row SIGSBEE ON THE STAND Capt Charles D Slt abec who com nvpdeU the prout shipSt Paul during dur-ing the Spanish war was next called He said that In obedlcnde to orders from Capt Wise who was his commanding com-manding offlcer he had proceeded to the vicinity I of Santiago arriving tlicre on the 21st He told of taking aboard the Cuban pilot Nunez rind said that he did not have great confidence In that individual His Instructions were to report to Commodore Schley that the Spanish squadron probably Was In Santiago harbor He fell In with the flying squadron on the evening1 of May 2CCh the squadron then being twenty or twentyfive miles south of Santiago He had reported to Commodore Schley that he knew nothing positively about the Spanish fleet CONTROVERSY OVER QUESTION He was then asked If he had expressed ex-pressed his belief to Commodore Schley that Corvcrus fleet was not In the harbor har-bor mi reported later by 1 Commodore i i Schley A controversy arose over the I admlssibillty of the question and the court took a recess for luncheon before receiving the reply of the witness < QUESTION REPEATED j When the Seh1e court reconvened atom a-tom luncheon Capu Slgsbee resumed his 1 testimony Mr Hanna repeated his I question asked before recess quoting Irom Admiral Sehleya report of July IS ISJS the sentence reading After having been assured bySigsbco that ho did not believe the Spanish fleet was In Santiago The witnesa replied SIGSBEE APPEALS TO COURT 1 staled that we hud seen nothing oC the Spanish flesit I h stated that L I knew nothing positively absolutely about its movements but I recited certain I cer-tain events to show that there was a probablliy of the fleet being In Santiago San-tiago at that time In regard to thEo I the-o t hc I matter I beg to make an appeal to the courL This case is one Involving reputations It has been stated by Commodore Schley In an official letter I to to the United States Senate 1 that I expressed a certain belief Now It has been made a public matter I think that cither the court or the defense I should allow me to express under oath what 1 really said Whether 1 expressed I ex-pressed that belief or not it may be technically right to Interfere with me I but according to the ethics of the naval service 1 think the defense ought to permit me to answer that question We have no objection to thatsald Mr Raynor I have given an answer to that question I have said nothing about my belief Mr Hanna The port Ton of the question ques-tion to which I should like to have you give an explicit answer Is whether you assured Commodore Schley that you believed the Spanish fleet was not in Santiago WHAT 1IE SAID TO SCIILEY I did not say that I believed It was not there I said I had not seen It Did you give him any assurance which would point in that direction ml made known l first my orders from the Navy department which stated that the Spanish fleet was reported to have arrived there Mr Hanna then read a letter which Capt Slgsbee had on May 26th written to Commodore Schley reporting the tailing of the pilot Nunez from the Jason and the capture of the British steamer Res tonne I atf a prize He said in that letter SIGSBEES LETTER TO SCIILEY No news here I have seen absolutely abso-lutely nothing of the Spanish fleet Be reported also that the Restormel had 2400 tons of coal aboard and said that the commanding officer had said he was bound for Santiago Mr Hanna also read a number of letters among them being one from I Capt Slgsbee Commodore Schley written from Mole St Nicholas May 2Dth In which he said to the Commodore Commo-dore Do as you are doing and you will do right Tie ltq T lhformed him that there were number 6f telegrams at the Mole for him but that none of them Avas urgent He told the Commodore Com-modore that the department expected him to exercise great efforts to keep In coal coalQUESTIONED QUESTIONED ON ONE CLAUSE Mr HannaI wish to ask your attention atten-tion to the clause Do as you are doing I do-ing and you will do right What was the flying squadron doing at the time I I you wrqte that letter That was based on the tenor of the cipher telegrams found at the Mole from the commanderlnchleX and from the Navy department urging that the Spanish squadron be held and that every effort be made to coal the ships At that time the Hying squadron squad-ron was off Santiago with the Intention Inten-tion so far as I know of staying and I also believed it was the Intention of Commodore Schley to coal his ships off that port 1 left Santiago on the morning 1 morn-Ing of the day on which that letter was written At that time the weather was vory fine and had twice urged Commodore Com-modore Schley the Important of ta king advantage of that particular kind of weather stating that It was better than anything we had had during my stay oft the port portFOR oeND FOR KEY WEST Capt Slgsbee also said that when he had boarded the Brooklyn on May 2Clh Commodore Schley had told him that ho was hound for Key West for coalDid Did hI ask you If you believed the Spanish fleet was in the harbor of I Santiago 1 dont remember his putting a qucation In such terms The witness recalled a signal from the llagshlp at that time asking him to Inform Sampson that onehalf of his squadron Is out of coal SIGSPEES MISSION Mr Raynor thrii questioned I the witness wit-ness bringing out the statement that I t the purpose of Ills ship being sent to I the vicinity of Santiago was to If possible I pos-sible locate the Spanish fleet He said that he bad first seen the Spanish sails in the harbor at Santiago but that when reported the fact he found the squadron had already made the discovery dis-covery HIS REPORT CITED Mr Raynor read an extract from a 1 repori made by Capt Slgsbee saying 1 In this report off Santiago de Cuba made at 10 a in May iQth you say We were then steaming al full apced from Mole St Nicholas Haiti and well In toward the coast after chasing acme vessels rsaw the smoke of u number of vessels to the westward and at once made for the Santiago entrance en-trance believing It possible that the strangers were the Spanish squadron approach ing lhat port All I want to ask Is I this When you yaw the smoke after chasing a number of vessels to the westward and when you made for the Santiago entrance on the morning of the 23th you thought that this was a Spanish squadron approaching the port 7 portNo No 1 thought it might be the Spanish Span-ish squadron I did not say they were approaching the port I Yes you say approaching that I port1You You must remember I had no definite defi-nite Information whatever Did you ever megaphone the press boat Summers H Smith that the Spanish fleet was not in the harbor at Santiago Never One of the press boats hailed me saying that Schley had the Spaniards bottled up at Cicnfuegos I replied that we had had them bottled up at Santiago for a week TRIED TO BRING SAMPSON IN Mr Raynor attempted to quole a statement from Admiral Sampson to the effect that Capt Slgsb9e had said on May 29th that the flying squadron was blockading Santiago twentyfive miles out at sea but objection was made 10 bringing Admiral Sampson in and Mr Raynor asked Capt Slgsbee whether he had made that report to any one on that date The witness replied re-plied in the negative In reply to a question as to th3 condition con-dition of the weather at the time he Mat Santiago Capt Slgsbeo said During the 2 lib 25th and 26th of May the weather was unsettled there was more or less rain and moderately heavy seas on those three days MANY QUESTIONS BY COURTI I I The court asked a number of questions ques-tions of Capt Sigsbce These with I the replies were as follows What was the state of the sea on the afternoon of May 2Cth when you communicated with the flying squadron squad-ron to the southward of the port of Santiago The sea was heavy for boats but Jt was moderating that Is to say more I moderate than It had been on the two i days before I should say however It would have been very difficult to have coaled at sea that night Did Capt Wjse communicate to < 3dlgpalcllJom the Navydepart ment stalin that the Spanish squadron squad-ron was at Santiago I remember no dispatch or communication com-munication from Capt Vise to that affect excepting that which I re I ceived from the Navy department through him as senior officer at Port Haitlen on Mac 2Lst the dispatch on which I proceeded ultimately to Santiago San-tiago oHANNA HANNA READS DISPATCH I Mr HannaTho dispatch referred to In the last question reads Washington Washing-ton May 20 1S9S Yale care American Amer-ican Consul Cape Hal lien Tho Spanish Span-ish fleet arrlvtd at Santiago de Cuba May IQlh and is far ai your coal permits per-mits proceed at once off Santiago deC de-C ha watch carefully and keep In communication with the Spanish fleet reporting Information Minneapolis St Paul and St Louis have same orders II HI can not remember that he did By the CourtDid you make any effort ef-fort to ascertain if the Spanish Hquadron was at Santiago prior to I May 20th Onv by extreme walchtulnqas that hi I all t WHEREABOUTS OF CERVERA By the CourtWhat information had you communicated to Commodore Sehley on May 26th regarding the whereabouts of the Spanish squadron The departments order to me dl leyled me to ftate vhat the Spanish squadron was theme of had been re I portqd there rind again the circumstantial circum-stantial evidence afforded by the capture cap-ture of the Restoumal after her very peculiar cruise I INFORMED BV LONG By the Court lDld you receive a dispatch dis-patch from Secretary Long dated May 20th stating that The Spanish fleet arrivedat Santiago on May 19th I am not certaln but my recollection recollec-tion Is tHat It stated it arrived on the 10th or 2If I received the communication communi-cation Just as I have stated It came from the Secretary of the Navy It was signed Long but whether I got I a copy 01 Capt Wise got the original i I I cannot tell tellTOJO TOJO SCHLEY I By the Court Did you show this dls I prUeh to Commodore Kchlcy on May 26th 2GthI already said I cannot recollect the act of showing It to him I presume I j did but that 1 informed him I remember re-member By the CourtDid you see the dispatch I dis-patch signed Long May 20th atl j I dicsscd to the St Louis care the American Consul Mole St Nicholas prior to meeting with Commodore Schlev on May 25th ii have no recollection oi anything I to the St LOuis no I By the Court Did you see the dispatch dis-patch referred to addressed to either the Minneapolis St Paul or Harvard Har-vard vardNo No not to my recollection SAMPSONS CLERK CALLED Capt Sls bee was then excused and Chief Yeoman Gustav Becker who served as a clerk to Admiral Sampson Samp-son on board the flagship New York during the Spanish war was called Ho certified the memorandum from Capt McCalla saying there was a good landing place near Clenfuegos which Admiral Sampson sent to Commodore Com-modore Schley under date of May 16th and said that this memorandum had been carried in duplicate by i the Iowa and tho Dupont WITNESS CLOSELY QUESTIONED Mr Raynor questioned the witness very clpyjly l bringing out the fact that Becker had no records to show thai either of these vessels had carried car-ried the memorandum and l that he was dependent upon his memory in making the statement Mr Hanna said in this connection that the department expected to he able to show that four copies of this memorandum had been forwarded to Commodore Schley Mr Raynor responded re-sponded that he would admit only one copy and that was the copy delivered deliv-ered by the Hawk on May 23 1S3S The court adjourned for the day at 4 p mlth Mr Becker ytill on the stand |