Show fWO NEW WITNESSES Admiral Cotton and Capt < Wise Appear Before 4 Be-fore Schley Court and Talk of the Santiago Campaign II v j > These Officers Were in Command of Auxiliary Cruisers Harvard and Yale Which Were Used as ScoutsBoth Came UpMth Flying Squadron Off Santiago Before BeloreReirograde Movement to Key West Began I Washington Sept 25 Two new witnesses wit-nesses were introduced In the Schley court today They were Admiral Cotton Cot-ton who ac Captain commanded the auxiliary cruiser Harvard and Capt Wise I who comraandpd the auxiliary cruiser Yale during the Spanish war Both these vessels were used ns scouts and both came up with the flying fly-ing squadron off Santiago nthC 2Sth of May before the retrograde movement move-ment to Key West was begun Admiral Cotton testified that he had gone ab ard Admiral Schlcys llagahlp the Brooklyn on that date to take dispatches to him and he iJald at first that he gave him four or five dispatches addressed to the commander of the squadron He afterward modified this statement saying that probably all but two of these dispatches were addressed to himself Admiral Cotton but that thoy contained Information which he thought should be In Admiral Schleys possession One of these was a copy of a dispatch from Admiral Sampson which had been printed in the official records stating that the Spanish Heel was at Santiago He also said that the coal could have I been taken from the Mcrrlmac on the 27th of May the day oh which the retrograde movement to Key West was begun for the purpose of coaling I Capt Wise testified that on the 27th of May he had signaled Capt Philip of the Texas his opinion that Ccrvera i was tnslcle the harbor at Santiago but the testimony was ruledout During the day Admiral Schley announced an-nounced that he had selected Mr Ray nor as hlg chief counsel to succeed Judge Wilson CHARTS OF BATTLE GROUND The wall back of the court was adorned today with a chart on a large scale showing the Ground site of the battle of Santlagp on July 3rd Tha southern coast of Cuba In the vicinity of Santiago wns plainly marked and tho points nt which the Spanish ships went to the bottom or to the shore were all Indicated In plain lettering There were nlgo a num tier oftrpiUJpaveni jdiarta which had l been prepurcil oVfcr night sitting about in the rear of tho room and which were Intended to illustrate various phases of tile Santiago campaign All these had been mxjporerl with a view of expediting the work of the court and all were on a large scale The first witness called today waD A B Claxton the machinist on board the Texas who had begun his testimony when the silting of the court was so abruptly terminated yesterday morning by tho death of Judge Wilson Before Mr Claxton took the stand Commander Hellncr was recalled to make verbal corrections In the official copy of his testimony In one case ho wag recorded re-corded as giving the bearing and tho distance of tho Brooklyn He said ho had given the bearing nnd not the distance dis-tance Other changes were not material MACHINIST CLAXTONS STORY Mr Claxton said on July 3 1E33 he had been on duty in the engineroom of the Texas Tire engine indicator had called for full speed ahead carl in tho morning which had within an hour attar at-tar the beginning of the action been changed to full speed astern To lila knowledge there had been no signal for the reversal of the engines Ue Bald that he had been excused from service in tho engineroom but atlll ho knew that tho engines were reversed for about two mln uatcs The witness had said that tho engine en-gine was stopped ADMIRAL COTTON ON STAND RearAdmiral Cotton now commandant I command-ant of the Norfolk navy yard who commanded com-manded the auxiliary cruiser Harvard during the Spanish war was the next witness ITo told of meeting the fliinK squadron under Commodore Schley olr Santiago on May 27 1S33 and said that on that date ho had delivered dispatches to the Commodore from Admiral Sampson Samp-son and the Navy department Ho had he said boarded tho Brooklyn about 1030 oclock Tho weather wan tnen modpiatc Jin4 he had no dIfficulty In going go-ing aboard tno Brooklyn from his boat He had worn hla sword WliUt conversation took place between you and Admiral Schley ulkcd Capt Ltmly COULD NOT GIVE DETAIL It will bo Impossible for me to state entire conversation the witness replied HI was on board generally speaking from about halfpast 10 to about noon The conversation naturally covered a very wide range the most Important part of which was of couise relative to tho dispatches dis-patches I had delivered What was said ubout the dispatches COMMENT ON DISPATCHES ur delivered to Commodore Schley the original cipher In which tho dlspatcheg had been received by mo at St Nicholas Mole together with tho translation of thrOe dispatches made by Limit Bean of the Harvard I handed them personally to him In his cabin In the order of their date He received them read them and commented in a general way upon their purport spoke of tho difficulty ho Had In getting coal on board his ships while at Cicnfuogos and subsequent to thc date of which I am speaking May 27th and wild it had been an almost Impossibility of the to get coal on board on account weather AS TO COALING SHIPS He questioned me relative to tho Practicability Prac-ticability of coaling ships at St Nicholas Mole and Gonalvcs channel Aa to St Nicholas Mole I said There Is no question ques-tion the small ships can coal AH to Connives channel 1 kqow of no reason why you should not bo able to coal there The Commodore made aomq remarks upon my statements the language of which I do not recall but he naked mo I How about coaling big ships at St Nicholas Nich-olas Mole I said You cannot coal big ships there I had reference In your my reply to the battleships and protected cruisers of the Brooklyn flail New York class I said thinking of tho fact that my own ship had been there and was of some 12WO tons displacement and nearly COO feet in length Possibly unfavorable un-favorable con ltlons you might be able to coal tho large ships there one at a time AREA Of DEEP WATER SMALL But the j area of deep water for tho anchorage of large uhlpn Is so little theo It was not practicable to coal at the very utmpst more than one Inrgo hip at J1 timo thoro and in casctbo weather lid < came bad the vould Immediately have to Jcito < sea I 4ras anxious while a ivasj hero with tho Harvard on account of her size arfd I would have left at onco In case oiuf weather had coma on AB J remember I recollect no rjUillflcatlon n3 to Gonalves channel Admiral Cotton said In reaponso to a question from Capt Lcmly that vessels o tIrej1eetu1d hrtvc coaled hcrc they II n ere on the2fthit some time durin lhntdnj he nld Jt indicative otth condition of the scatf ho had used a CoC hlhcll boat In going from the Hr said to the Brooklyn anti had worn a while ulliform est Wnn nnythlnsllld about going to Kc oreoan SCHLEY ANXIOUS ABOUT COAL Returning to what I said with ret react to the tllf11cult > which CQmmodoro SchhW statetl to mohohnd hmlln ieL ting coal on board or any or the Shrlpi at Clenruebo bc saltl ho wns ery arix 1019 The coal 31p1I inll gLtlng short the wrath Wis roe and Ithnd hepi bud almost waTa continuously It was a vcw serious Problem ns to how or whether ho could possibly sH coal on bOON fi hip ore Santiago lie Mid If he found tho weitl cr did nol improve < and ho found It Im Practicable to coal there he could only see one resort and that ono would be to return to 1031 West In order to supply his ships with coal APPREHENSIVE OF THE TEXAS Having that question In vlcWThe was prllenslv specially as to ono chip tire Texas He did not even know at that moment whether uho had on board sufficient coal to enable her to return to Key A csjt During my visit he gave nn order to make signal a general signal an I remember It not limited tothen Ing squadron alone lo report whether the ships had sufficient coal to reach Key west rno signal Wilt made or nt teas I I assume It was made At nil events during my presence r Tvlth Commodoro Sehloy ho received a report to the effect that all the ships Including tIre Texas had sufficient coal to return to Key West I think the Commodore wnn very much relieved when he received this In formation TO KEY WEST FOR COAL Shortly after I should say within a fow mlnulcshc directed a signal to bo made preparutorjsfor the ships to return to Key Wcct Thfc order wan given In a general way I cannot give the words Qf the order but what have stated WD5 Limb purport While 1 w31stlll there he received re-ceived signals to the affect that tho HR nnla remc received Before left Lits ship hp ordered signals to be mado for ships to form preparatory for steaming Key Vcat VcatHARVARD1SDNT HARVARD1SDNT TO KI GbTON TO go trick a bit I had Informed Commodore Schley that It was utterly Impossible for tho Harvard to get anywhere any-where vxcept to Kingston I arid not I sufficient coal OS610 Key W > st and ht verbally amhorlzcd me to proceed at a onro to Kingston to receive such nn amount of coal na I could pti IhenJ sat 1 nclcnt to enable mo to t return to the nearest united States port 1 FLEET UNDER WAY I left the Brooklyn bout noon pos nlbly a few minuses before Immediately after my departure the Brooklyn commenced com-menced steaming ahead and I noticed that many of the ships at the moment under Commodore Schloys command I i were In motion presumably preparatory 1 lo Hiking their stations In steaming or dor to return to Key West A3 soon < no I rotmned to my ship after my boat was holatcd I steered to the uoulhwcst for Kingston ONE QUESTION NOT DISCUSSED Did you statS In speclilo terms that you agreed with Commodore Schley aa to the difficulty In coallncr1 The question was not discussed and J expressed no opinion Did this conversation occur cmore or after the dispatches which you took aboard had been lead by Limo Comma doreAtcr In VespoiiHo to further nuestlona Admiral Ad-miral Cotton said that hj had the orlKi sal translations of the cipher dtatatches tcidmeiid to the llarvarn Tho dia patch of May 2th was then read to him mm READ Washington Slay 2 ki3JIRrvard St Nicholas MoW HaltlPrcHweu nc and Inform Sc H < y nd WHO tho wnlor once offlccr rSwent oft Santiago aa fol I lutts All denartmcnto Information indicates SiwnWi division IB ntlll nt Santiago cates tiago The uWtment looka w you to siscertain time facts nntl tho oncm > it thorSn dJS > without ccMvo not therein a avr 91oe famllliir with baiuiajjp flctlon Hny that tKnre landing places ilvo or mouth the HX imutlcil inllrJ west from here insurent lie found nnil 11 will can CO I mom tire surrotin uon a uscar enemy hi t crc from frti also the Harisfi Crur CotinleS lane leeward Ot 1eiartmont channel or Mole i Mole lie will nd coml s mit 5rtntimtKO jorT without dchn LOG Luba IAL CHANGES Mr flnnor cilieii tIt chaflge mac in that thems we ° in thu official tire dutiiitclic tmi reports by time r to these dis R Admiral SdilcJBrcniy l In which ha dated M r 7 > of the patchea orders e obej t he oru fluid ho could not o read anti Mr department scrC lien rioua change in I Raynor poifltc em dloatCll printett tlt langUallo ° lie uddrc45 the these itangCa Cl TilE ml ClLCI celtics had spok i lie 5111 that Jt In bOisterous naiL en of limO iveat omitted from thu that that ivord miS lt5ptch 110 printed ccl 0 J tire Admiral had said wlierea the stated that aid hi necossary 0500 tons of COrtdo it V 0 ions It WflS printed 19mi10 thut the ilso stated jort Royal vard was goinE Verttd in the punt hnd been Kingston c l5i2 oIlowing is th hrt iJlVl UCJciilwt > patch sent to y DISPATCh TEST ORUi bf M tti Revived dispatch de CUt3 3Ibrr1 Harvard off anJ she 15 neip macS ppfflno Is traYs her towed oblljr y T ICCH flni been absolv he WL rt1 the TC collier rtHC id jrookiyn bol5trouS S c erY oUgt1 rC5L Brook SriafSSSs 4 in present ot 0usihtC to CO owing to sUmmer squadron Cruz In ciardo flarYrI ough 10 i COS southwest be bu o1 CF 0 Minne PoM T a w jn ° to be Which WIll rcgrett t aitC5ut iiu 3d r CafltWtr ° that < end l dt channel all E4triLo SVcL via reitP 0 uccrtxLifl ire ad E1 or coal 0biigcd to tirdy lag toirlo janraiC of coel iiebad i st puI bert on bOs t V Will require 300 tons of coal at Key West COTTON RELATES CONVERSATION Admiral Cotton then related a conversation conversa-tion he had hnd wllli Admiral Schloy concerning V con-cerning a proposition of Lieut Beall of the Harvard to go ashore and put hlm Eolf In communication with Cubun Insurgents Insur-gents lie could not he said rocall the vxhct words of the conversation but at nil events Mr Henll had not been ordered ashore V LOCATING CEHVKRAS FLEET JudgeAdvocato Lemly then asked Afldr you delivered tho order and prior to the dispatch which he delivered to yon to be sent to Kingston what effort did S he make tr loctito Oerveras fleet to your knowledge V None to my knowledge Did ho with Ilia squadron at that time approach Santiago He did not I will iiinllfy that to thla i pxtent The vessels of couriu were not nt anchor they were moving about find V thero wore directions for movement toward to-ward the harbor of Santiago S SC17LEY DID NOTITING V Referring to that phaso In the dispatch dis-patch The department looks to you to I i ascertain4 the Tacts that the enomy If I I thereto dues not leivi without JL d < clsivu I iton what within your knowledge did Commodore Schley do ohidlenco to these Inatcuctlona Nothing to my knowledge V 1 On the departure of tho flying squadron 1 V squad-ron supposed to depart on that day as S Indicated by tho Blgnnl V for K iy West mid the leaving of your oCvn vuastl for JClnguttMi what of he American forcu was left off Santiago to prevent the exit of Cerverns Meet from that harbor I have no personal knowlodeu of that WANTED ALL READ JudiroAdvocate Lcmly thqn started to read dispatch received by Admiral Cotton I Cot-ton from Admiral Schley delivered by I the V Scorpion V S I V Mr Rrtyhor objected to the reading of these dispatches unions Admiral Samp sons dispatch No 7 to Admiral Schley should also bo ivml as he said Admiral S Schloys orders were based on that V At this point dipt Pirkcr remarked that thin dispatch could not ho found To this remark CUpt Lcmly took cxcOp tlon Baying that It was out of place for counsel to miikesuch comment Admlra1 Dewey sustained the objection Tho order of Admiral Sampson which Is a letter known aft tho Dear Schley loiter WItH then read DEAR SCHLEY LETTER The Dear Schloy letter Is dated Key West Fin May 20 lJS Referring tq a telegram from the Navy department rc cclvod bv Sampson advising the latter to rend word to Schley to proceed to San lingo the letter says S After considering this telegram I have decided to maJco no change in the present S pres-ent plans that is I that you should hold your sauadron off Clenfuegon If the Spanish ships haVe put into Santiago V they must como either to Havana or Clcnfuepos to deliver tho munitions of war winch they are said to bring for uso In Cuba I am therefore of the opinion V that our best chanco of success In cup turlng their ships will be to hold the I two points Cicnfuegos and Havana with S ell the force wo can muster If later it should develop that these vessels are ut I Santiago wo could then assemble oft that jiort tho ships best suited for the purpose and completely blockade It Until wo then receive more positive Information wo i shall continue to hold Havana and Clen fueyosCOTTON COTTON CROSSEXAMINED On crossexamination Admiral Cotton paid that while he had delivered four or I five dispatches to Admiral Schley he had had the original only of the one dispatch which ho had given They had all been V translated by TAlent Beau and ho had not seen the originals of any btit one He S had no record of any other dispatches Mr Raynor I think mnybo 1 can help you If you will let me Are you not mistaken mis-taken about dates and Is not the date of time delivery of those dispatcher the 31st Instead of the 27th of May You did de liver the dispatches there la no doubt All the dispatches I received at St Nicholas Mole were delivered to Com rnouorc Echley on the morning of May 27 1S3S There Is no mistake about that Tho dispatches I received at Kingston for I Commodore Schley were delivered on the S morning of May 3lst Thero Is no mistake mis-take about that Mr Raynpr Then we will go ahead andS and-S tee If you can find any more 1 know yon delivered them ns fast UH you got thorn J desire to Inform counsel that 3 have a record of the dlspatches thai Wcro received re-ceived by me or that canto addrdsued V to the Harvard or addressed to the senior I officer at St Nicholas Mole or Kingston V Jamaica I have not a record of the dispatches Ii dis-patches that came and which were Intended i I Intend-ed for Commodore Schlcy except one IDENTIFYING DISPATCHES Mr Ruynor You spoke of four or five dispatches 5 The dlsnatches to which I have references S refer-ences are tho o which were received on the llarvard by me S ITavo you a record of those I have rt record of the dispatches that won Intended for the Harvard and wore received by me as the commanding ofllccr of time Harvard I have not a clear record l of all dispatches that were addressed to V or Intended for Commodore Schlcy or the senior officer oft Santiago The witness identified one dispatch printed In the ap pendix to time report of the bureau of navigation May 27 lSS Tho court at thin hour adjourned for luncheon I S V RECONCILING DATES When the court reconvened after I luncheon Mr Raynor resumed his cross ojcamlnatlon of Admiral Cotton JIIs first II effort was to reconcile certain dates say log that It was most important that they should be correct Ho would admit the r delivery of one dispatch on the 27th but S the contention was that the other dis patches Were delivered on the 31st Ho callod the Admirals attention to the fact thai one of the dispatches which he said he delivered on May 27th had been dated I at Vnshlngton as of that date Thla la the dispatch In which Secretary Long hnd Instructed the commander us to LongV the V Importance of determining explicitly I whether Cerveras fleet was In Santiago harbor g1 harborADMITS MAKING MISTAKE I The Admiral said that If ho had oald I S that this dispatch was delivered on the 27th ho had made a mistake that It wan delivered on tho 31st after his return from 5 Kingston The Admiral said however IS that ho was certain that he had delivered mQr than ono dispatch to Commodore I Schley on tho 27th Ho saldj j I delivered to Commodore Schloy two 14 messages on the morning of May 27th I think It probable that among the dis patches which I spoke of having handed I to him on that date there may have been come which wotc addressed to mo and I not to him which contained informatlbn I uch as 1 thought he should have Of flat two dispatches addressed to him I was from Admiral Sampson and time other one from tho Navy department V CONCERNING COAX SUPPLY Recurring to bin conversation with Ad miral Schley concerning the coal supply of the licet on the 27th Admiral 1 Cotton paid that Admiral Schley had expressed lI great anxiety on that point such an any I commander would have felt ho said un der the I circumstances VV 1 At this point Mr Vc referred to It the previous remark concerning coaling I In the open sea on the 27th He Hold i i 1 understand you to have said that after reading the dispatches the Commodore I made elcnala Inquiring the amount of coal Did you sec tho answering signals I I did not responded the witness I You stated you could have coaled from h the Merrlmac1 on that day why did not Ii you do so I In thu first place I had no authority IIV to coal In the second place 1 was going 1 for coal which I could receive within I twentyfour hours and In tim third place II coal wan more needed by the fleet than I by the Harvard t Did you ask tho Commodore for I mlaslon to coal per 11 did noL II MIXED AS TO DATES I I Mr Raynor attempted to have Admiral I Cotton Alralral say that his conversation with L Schlcy concerning Lieut BenUa I I proposition to gooahoro and with the communicate I Insurgents had occurred on tho I 21st instead of the 27th of May The wit m I ness Bald that tills might possibly be thy I case but that to his best recollection tho conversutlon occurred on tim 27th Mr Raynor explained that Admiral Bchley had on tho Slst cent another man ashore to communicate with the Insurgents ii which may explain Schleyu declination of Bcall3 proposition I Tho witness cold that tip to May Stth I ho did not know oC the presence of tlio I Spanish fleet within the harbor at San tinge nor did ho know of any officer r who had that Information at that time HEDIRECT EXAMINATION On redirect examination Admiral Cot Ion eald he woa satisfied that ho told Ad sniral Schley oC Lieut BeoUa proposi S tion on the 27Ui because ho would hay I considered that ho wan rcmles ire lila duty If ho bad not given the Information at tno 1lrst opportunity Ho had then besides tho order of the department to Commo I dora Schloy to ascertain the facts con I I corning the presence ot tho Spanish fleet it in the harbor I SAMPSONS DISPATCH INTRODUCED r t I Mr Hanna here Introduced I a copy of a I i Ulspatcli from Admiral Sampson which Ii x S ktE had ueen rcculYcU hy the Usjyvt and 1iErji which had i not been mad public heretofore hereto-fore It wis stated that thin message had been written on May 22nd A notation nota-tion on It showed that It had been received re-ceived on May 2Gth limo dispatch was In cipher and WHS directed to the Harvard Har-vard at Mole St Nicholas It wus translated trans-lated by Lieut BouII and as presented road V roadThe Spanish squadron nt Santiago If previous to May 19th scout oft Santiago V Communicate with Schley if ho they move west Srlilcy Is uxpoctwl May 24th at Santiago from Clcnfuegos Telegraph V mo from Nicholas MoJ to Key West If bo they move eust und leave letter for I Schley Then go to Santiago to meet 1 him I shall be nt Cay Francis with I squadron If two scouts are available i ono should keep trackof Spanish squadron I 1 squad-ron Admiral Coiton said bat the copy which he had read had been retained by him Hit added that If he had ever given that dlspatdh to Admiral Schley It had been on the 27th nnd not on the 31st of May 1 OFFICIAL REPORTS QUESTIONED Mr Riiynur here raised the point that the document read wif a copy und not the original He called intention to the fact that ho document had not bcmi S printed In the ofllclU reports of thc Navv department An animated controversy followed In which Mr Rnynor commented upon the In his opinion Inaccuracy or the departments reports He demanded the original dispatch and nddod This Is nil Inquiry and not a prosecution and you aro here to protect und vindicate I Admiral Sehley as much MB wo are Ho said that Admiral Schley had turned In all his pnpori iml thut Admiral Sump sons papers should also be available for iho purposes of the court ORIGINAL COPY PRODUCED C < ipt Lemly then produced time original origi-nal cipher copy of the dispatch He asked the witness how he had received the roes uajfc and time latter replied 1 reselved from the cable ofllco onboard on-board the Harvard nt SL Nicholas Molo the dlnpitch of which this Is a translation transla-tion Ll ut Ronll made the translation V la It it correct translation of tho cipher T 1 VV V I I believe It to be Did Beall so stxto to you or did he J hand K to vou as u correct translation I lie handed tlint to me us a correct j translation of the original dispatch In l cipher und L > believe It correct I DELIVERED THE MESSAGE 1 Now r will ask you whether accord t InK to the best of your knowledge anti be lief and your best recollection of the subject sub-ject you delivered on the 27th of May to Commodore Schley this dispatch To the best of my knowledge and belief I1 delivered a copy of that dispatch to I Schley on May 27th oft Santiago and that 1 I lg one of the dispatches to which I referred re-ferred as having delivered To the best of my knowledge 1 delivered a copy of that dispatch because It was Important Information for him and he was mentioned men-tioned by name in the dispatch Ultimately Mr Rnynor contented to acC ac-C pl the story as correct This point bring br-ing settled counsel for the department passed to the point concerning inc proposition propo-sition of fjleut Beall to communicate with tho Cuban Insurgents on short and In doing so caused another objection to be raised by Mr Raynor The question was put by Mr Hanna who said J OBJECTION MADE I will ask you whether you would have considered that you had discharged your whole duty having knowledge ot this if you hnd not communicated with Commo doro Schley S Mr Raynor Indicated an objection sayIng say-Ing You aro not pressing a question of that sort To this Admiral Dewey Interjected Tile witness has already stated that very fact factMr Raynor Ho gave that as a reason for verifying his recollection but theV question 19 asked here whether ho per V lormed his duty V Admiral Dowcy As the witness said V that he considered he had dono his whole duty I I think he haw answered that I was struck with that very phrase and J I thought how much time we wero wasting wast-ing asking time same question over andover 1 and-over azaln HANNA NOT SATISFIED Mr Hanna was not however entirely V V satisfied with the status of the matter ns thus left and said he did not ask it for purposed l of repetition but because the V question was very important and had not V been precisely answered Ve havp said he an order from the department saying The department looks l to you to ascertain facts etc wo wish to know whether this was denied or not as ap art and an essential part of this is the suggestion that the Insurgents could have been communicated with Here comes time commanding officer of tho Harvard with an after and ready niade means of communication with tho V i insurgents We desire to know whether that offer was communicated to Commo dore Schley at that time and on the 27th of May not on the 31st or any other day Jn order to mix this witness recollection his attention is directed to this question and It IB a very Important question Three jvars have elapsed and It is necessary such aida as wo can present to witnesses be given The Admlraflias stated that to the best of lila knowledge and belief h6 did have this conversation on May 27th Now I wish to ask you whether you knew of this Instruction of the deportment de-portment 1 did I would like to know whether Know Vi Ing of that you consider by any possi bility you would have omitted to communicate V commu-nicate with Commodore Schley I V should think not CAPT WISE CALLED At 325 Admiral Cotton was excused and C apt William C Wise who was In command com-mand of the auxiliary cruIser Yalo dur ing I the summer of ISSb was called Ho told t of his reconnollcrlns about Santiago harbor on May 20th and May 23rd previous pre-vious to the arrival of the Hying squadron squad-ron He said ho hud not been able to sec anything of the Spanish fleet Capt Wise related how lie had come up with the flying squadron oft Santiago Just as It hod begun its retrograde movement move-ment on the 27th of May anti told of hla exchange of signals with Capt Philip of the Texas Mr Hanna questioned him asking1 I i i V As I understand you when you picked up the flying squadron they were formed for the westward movement Yes was the rep In otlnr words the Texas had completed her turn and the Mcrrlmac was still in the turn V Dirt you pass near any of the vessels I passed clean to tho Texas and ex changed salutations with Capt Philip C apt Philip asked where time Spanish squadron was 1 anpworcd Navy de partment said theywere In Santiago Ho asked toe where we thought they were I V said I firmly bcllsve they are in there TESTIMONY RULED OUT Mr Raynor objected to this line of tes V timony saying that It was In the nature of a report of a conversation between Capta Wise and Philip and inadmissible Tho court sustained the objection and then put some questions of Its own which together with the answers were as c follows V QUESTIONED BY COURT V What information had you that led V you to believe thu Spanish squadron was Vat V-at Santiago May 27th The same Information that was re celvod from the Navy department 1 will state If they were thr > ro on time 20th they did not leave Jl am perfectly Batlsflrd V they did not leave while VQ wore there JudgeAdvocate am reminded by tho V court that this refers particularly to In V V formation that you have I received my dispatch from the Navy department on time Wth that the Span ish I squadron bad arrived on the JOth in Santiago Had you any personal knowledge No NO WORD WITH SCHLEY By the Court Did you report to the senior offlcbr preoont time Information upon which you based your bollef re garding i time location of the Spanish squad ron on that date As stated first I was intercepted the order by from Commodore Schley from the Vixen to take the Merrlmac In VV V tow Capt Slpaboo of time St Paul im V mediately went on board Thu Brook lyn was a mile and a half ahead I 1m madiatcly went to the Mcrrlmac and matte preparations to take her In tow and BO Tar aa my conuiiuni communicating with Commodore V cbloy no Tho Judceadvocate at Admiral Dowoyg Instance invited attention to time dispatch V as follows V Vlaahlngton Wai 20 iSTahe care American Consul Capo Haltlen Inform every vensel off lnntiago do Cuba ssasss livini lCiUatlron is off Clentuegnij sbAfiys that dura or mac ben win irssKi 38sip to proceed with Cuba all pOBDlblo dispatch for Santiago x s do LONG NOT DEFINITELY ANSWERED Tlio court aekn why that order not carried out was Cant Wise said in reply I informed time St Paul the Harvard and Min neapolis and notified Cnpti name thlnsr Philip the Time court then adjourned until oclock 11 tomorrow hold saying that It would only one oesilon tomorrow and would take n ress in tho afternoon In order to pormlt those V to connected with It I attend tho funeral of Judge WUspnJ recent counsel for Admiral Schleyv |