'J VT VOT. XXXIV. NO. 9l. WILMINGTON, 1ST. C, FRIDAY, NOVEMBER 8,' 1901. SI .00 PER YEAR. VS V V iSS , " mi Ml hi TAMMANY WHIPPED OUT THEIR OVERWHELMING DEFEAT IN GREATER NEW YORK. THE FUSIONISTS' MAJORITY ' A Surprise to All Partles-Any Where Between 25,0OO and 55,000 Croker Done With Active Politics-Maryland Legislature In Doubt Democrats "Will Control Kentucky Legislature. Elections lu Other States-lleturn Comlnc In Slowly New York. November 5 Election day broke cold and cheerless. A drizzling rain was falling and a chill -wind swept the streets and the early vote was serl- ously affected. In many of the uptown poling places there were no voters on hand when the boxes were opened at 6 o'clock, and at others little groups that had gathered earlier sought shel ter from the chilling rain. In the more densely populated districts there were crowds at the polls, and at the Nine teenth election district in the Sixth as sembly district, of which state Senator Timothy J. Sullivan is democratic lead er, 160 men voted in the first 43 minutes. Seventy-five policemen were on re serve at police headquarters and two patrol wagons were on hand so that men could be hurried to any part of the city where they might be needed. Be ginning at 6 o'clock every policeman except those who were actually sick, was on duty, all leaves of obsence hav , ing been recalled for the day. ltichard Croker -was the first man to vote in the polling place near the dem ocratic club. His sons, Richard and Frank followed him in tno order named. Mr. Croker reached the polling place at one minute before 6 o'clock and found a numDer or men waiting to vote. The first three men gave up their places in the line and Mr. Crokc.- and his sons cast ballots numbers 1, z and 3. Seth Low, the fusion candidate for mayor, voted at about 8 o'clock and as he did so a score of cameras were op erated to make pictorial record of the act. 11. M. Shepard, candidate for mayor on the democratic ticket, cast his ballot .in the polling place near his home in Brooklyn, about 11:24 o'clock today. Scores of arrests for alleged violation of the registration and election laws were made during the day by the police at the request of the state election deputies, but a majority of the men were discharged for lack of prosecution. The prosecution deputies were provided with lists prepared in advance and re quired the arrests of suspects the mo ment they appeared at the polls. There was some disorder during the forenoon but none of it was serious. The practical use of a voting ma chine was demonstrated in the Eigh teenth district of the First assembly, Brooklyn, and the result was known at 5:02 in the afternoon, immediately after the polls w&V Closed. No difficulty was experienced in recording the vote, and in many instances men cast their votes in less than three seconds An incident which attracted attention In New lork city was the refusal of the election judges in one district to al low one voter to cast his ballot because he had made a bet of a box of cigars on the result of the election. Richard Croker received the returns in what is known as the private room oi lammany nail. ine leader was surrounded by a crowd of men long prominent in the organization, among them John F. Carroll deputy leader; Mayor VanWyck, corporation counsel Whalen, and city chamberlain T. C. T, crane. Mr. croker sat at the press table and listened with his customary lack of expressed emotion as the re turns were read. From the first they were unfavorable and the crowd of leaders heard the figures called off without comment. Mr. Croker, from time to time directed that comparisons be made with the vote last year. He declined to make any statement how ever, until 7:50 when he said he thought the democrats had elected their candi dates on the county ticket. This ticket includes the borough presidency of Manhattan with great patronage under the revised charter, and the important office of district attorney for which Justice "William T. Jerome, the fusion- lst nominee, made a notable campaign against Henry W. Unger, democrat. At the time that he claimed the county ticket, Mr. Croker said he did not care to say anything as to the race for the mayoralty. Mayor VanWyck, who was a candi date for the supreme court bench and who was bitterly assailed during the campaign was an interested listener as the returns came. Richard Croker, at 8:45 o'clock to night conceded the election of Seth Low fusion candidate for mayor, but was not willing at ' that time to give up the county ticket. He said he was much disappointed at the Brooklyn vote, as he had expected Mr. Shepard to make a good showing there, it being his home borough. As to the causes for the defeat of the democratic ticket. Mr. Croker said he was inclined to ascribe it to the large silent vote, and the fact that the people sometimes feel they want a change. Syracuse, N. T., November 5. J. B. Kline, republican, fr mayor, defeats 'James K. McGuire by 1.200. Albany. November 3. Albany elected its entire republican city ticket- In cluding Gans for mayor by majirities ranging from 1,100 to 1,500. New York, November 5. 2"re3ldent Roosevelt's district In the town of Oyster Bay, L. I., was carried by the republican candidate for assembly by 7 majority and by the democratic can didate for district attorney by 94 ma jority. New York, November 5. Brooklyn Eagle gives King's county, borough of Brooklyn, to Low by 15,000 or more ma jority. Rochester, N. Y., November 5. A re vision of the list now shows "Warner elected over Rodenbeck, republican, by 94 majority. New Yor November 5. Republican mayor3 have been elected in the cities Of Schnectady, BInghampton and Os wego. A democratic mayor wa3 elected In Utlca. New York, November 5- SeJi Low, at 9 o clock tonight slid at his home where he was receiving election re turns: "I suppose it Is safe to assume the result of the election is now as sured. It bears out what my friends have anticipated and I am very much gratified by the result. This is a pleas ant outcome of a hard struggle. 1 ap preciate heartily the splendid support the newspapers have given this move ment. I think they hive been a splen did and Important factor in bringing about this result." Mr. Low said that to.-norrow be ana hi3 wife wen; going I.? Great Eurring ton, Mass., wher. they wou'd icmain for the remainder 'f the week, if net for a longer time. Seth Low. former president of Colum bia University and four years ago the citizen- union candidate for tne first mayor of Greater New York, was elect ed today the second mayor ci ureater New York by a plurality ranging any where irom 20.000 to 40,000, defeating Edward M. Shepard, of Brooklyn, the democratic nomineee. Ihe campaign was in exciting one, and the vot3 though somewhat les3 than the presi dential election a year ago, was the largest ever polled in a municipal con test in this country. In addition to the canvass for mayor public interest largel' centered in the nomination by the fusionists of William T. Jerome for district attorney, and Mayor Robert A. VanWyck, by the democrats, for justice of the supreme court. These were voted for only in the territory contained In New York county. Returns received up to it p. m. Indicate that Jerome had been elect ed by a comfortable pluralitv, and mat Mayor VanWyck had been defeated, the latter running behind his ticket from 15.000 to 20.000. Returns also indicate the complete triumph of the Greater New York fu sion ticket, Charles Vincent Fornes, the nominee of the citizens' union ana tne republicans for president of the board of aldermen, defeating Geo. M. Van- Hoesen, the democratic nominee. E. H. Grout for the past four years demo cratic president of the borough of Brooklyn, now the fusionlst nominee for comptroller', has also defeated W. W. Ladd. Jr.. democrat. New York, November 5. Mr. croker retired at midnight. Before going to his apartments he told some of his Intimate friends this campaign was the last he would personally conduct. About 11 o'clock Mr. Low gave out a formal statement in which he said: "Olio outcome of this election Is a snlendid vindication of unversal suf frage. From all parts of the city have come the votes that have rebuked the Tammtiny orgie of the last four years. All the uatronage of ihe city and limit less money have not availed against the indignation of the people, and it is safe to say that absentee govern ment and government for private gain will noi be seen again in New York citv for many a day. This is no man's triumoh. but it-is the people's victory. Edward Mr. Shepard made public ac knowledgement of his defeat tonight at nniim hpndnuarters in Brooklyn. He sent a telegram of congratulation to Mr. Low and dictated a statement to the reporters in which he expressed his hone that the incoming administration wmiid a.' successful one. His tele- irram read: "With all sincerity I wish you the utmost success -in the great office to which the people of Greater New York havp en lied vou. Mr. Shepard then dictated this state ment "I sincerely wren Mr. Low a thor nmrViiv Riiorpssful administration. The Tor.i Tifiv indicated their decid nreference: not only is it the duty of every good citizen to cheerfully ac quiesce in the result but he should do ntmnst to make the result bene ficial tn the city.. All of us republi cans and democrats alike should loy allv hold uP the hands of those whom the people have chosen in all good work - t Vi ; t- Tin rt " New York, November 6. (1 a. m.) with Vio oiootirm of Seth Low as mayor, Charles V. Fornes, a3 president of the board of aldermen and Edward M. Grcut, as comptroller, the fusionist triumph in Greater New York, appears nparlv rcmnlete. The latest returns i" dicate that the fusionists have elected JarrVh A. Cantor, resident or. tne Dor r.f Ttrrtoif lvn and George Crom- nroii nrpsldnt of the borough of Rich mnnd. The democrats have elected Jos L Cassldy in Queens and Louis F. Hoffen T-i TlrnnT The office of sheriff on the county York county is still cleaimed by both parties. John T. Oak Ipv democrat, running ahead of Wil nam J. O'Brien, fusionlst. It may re quire the official count to decide the Returns so far as received from dif ferent sections of New York state in dicate that the lower house of the state legislature will oe composed ui, wrmpn CTOuned as follows: publicans 84; democrats 45; fusionlst 21. KENTUUK.I. Louisville, Ky., November 5. The pmirier .Tnumal claims the democrats ,r.m havo increased majorities in both houses of next general assembly which will elected a successor to uniiea Duties Senator Deboe. t Vnvpmber 5. The general assembly that was elected in Kentucky today, witn tne exception uj. half the senate, which holds over, will be democratic on joint ballot '-by an increased majority, according to the latest returns. This general assembly will elect a successor to United States Senator William J. Deboe, republican, for the term beerinning March 4, 1903. At 1 o'clock a. m.. the returns indicat ed that the senate will stand 26 demo crats to 12 republicans, the same as the old senate and the house 77. democrats to 23 republicans, a democratic gain of 17. i In the city of Louisville the demo crats elected Charles F. Granger, dem ocrat. mayor over John M. Stratton, republican, by about 5,000 majority. The democrats also elected the city, county and legislative tickets. OHIO. Columbus, O., November 5. Govern or Nash and Secretary Sinks were greatly pleased with advices up to 5 o'clock from the large cities, especially Cincinnati and Clumbus. The govern or is confident the republicans gained outside of the cities. He places his plurality at 40,000. With indications of a light vote out side the -cities, the democrats claim to have carried most of the close legisla tive contests. The republicans claim the legislature as well as all state of ficers. . Twenty precincts indicate a ratio of I democratic gains over 1890 on which Kilbourne (democrat) will carry Frank lin rmintv hv 1 7f)0. a. eain of 3.400. Snrinefield. 0 November 5. county with a vote 20 per cent, less than two years ago, gives Nasn governor a plurality of 1,200. Cincinnati. November 5. The enure republican ticket is elected in this city by from 3.000 to 5.000 plurality, iiaya. colored, republican candidate for rep resentative, cets the smallest vote. Columbus. O.. November 5. tn the exception of this county where the result is attributed to the liauor league and Kllbourne's popularity, the repuo- licans have made gains on the returns received up to 9:30 at which hour the republicans claimed a plurality in Ohio much greater than two years ago wnen Nash's plurality was 49.023. This win make the legislature surely republican In both branches. Columbus. O.. November 5. Returns up to 10 o'clock Indicate republican gains in Cincinnati, Cleveland, Toledo, Dayton. Zanesville. Portsmouth, Can ton. Springfield and other cities, tne notable exception being Columbus, tne home of both Governor Nash and colo nel James Kilbourne, the democratic candidate for governor. The greatest republican gains are outside of the large cities. Some of the democratic counties report the larg est republican gains. A notable excep tion in the rural districts was found in tion in the rural districts, which joint ly elected a democratic member of the legislature for the first time in eight years. At 10 o'clock the democratic state committee had no claims to make on the state ticket, or the legislature. Colonel Kilbourne said he felt better over carrying his home of Franklin county with a democratic gain of over 3.C00 than if he had been elected gov ernor without carrying Franklin county. Chairman Dick at 10 o'clock gave out a statement that the republi cans had carried the state by over 50,000 with a decisive majority in each branch of the legislature. The greatest republican demonstra tion here tonight was over the returns from Toledo, showing that Nash had carried Lucas county and that the leg islative ticket there is elected. As governor Nash had opposed the state appropriation for the proposed Ohio centennial exposition in that city, It was expected that he would lose that county. When this dispatch was re ceived, after Chairman Dick had made his statement, the republicans raised their estimates several thousand. NEW JERSEY. Newark, N. J., November 5. The ear ly returns received from all points in the state indicate that Murphy, repub lican, for governor, has been elected and that the election is now simply a matter of plurality. The returns thus far received indicate that Murphy will have a larger plurality in the state than Voorhees did three years ago. The republicans claim the state by 10,000. The returns thus far indicate the elec tion of Murphy by at least 7,000. MARYLAND. Baltimore. November 5. Fully 75 per cent, of the registered vote had heen cast at 1 o'clock, with indications that the democrats had made such gains in the city and state as to insure the elec tion of their ticket, while there is some doubt as to the result in the city. there seems to be but little in the coun ties, all advices indicating democratic victories in the doubtful districts. The republicans are inclined to concede democratic success in two of the three legislative districts in Baltimore city, and the indications point to a demo cratic majority in the legislature which means the re-election of Mr. Gorman as United States senator. Baltimore, November 5. Scatterin returns from 15 out of 321 election dis tricts in Baltimore city show a marked decrease in the vote of 1899 and inci cate that not more than 60 per cent of the vote has been cast. The demo crats are holding their own and have probably carried the city by about 3,000 majority. Baltimore, November 5. Returns at hand up to 11 o'clock show a tremen dous falling off in the vote both in the city and the counties and indicate that the democrats have been victorious in both city and state, although it is im possible to give any figures because of the meagre returns. It seems highly probable that no more than 75,000 votes have been polled in Baltimore as against 110,000 cast two years ago, at the municipal elections. Chairman Goldsborough. of the republican state central committee, sfill claims to have elected his ticket and asserts that the republicans will have a majority on Joint ballot In the general assembly. while Chairman Vandiver, of the dem ocratic committee, makes a like claim for his paTty. Baltimore, November 5. Later re turns show large republican gains 'in the city and it Is now asserted that the republicans have carried it by 5,000. They also claim all three legislative districts in Baltimore city. Baltimore, November 5. At 1 o'clock this morning less than half the returns from the city are in. One hundred voting precincts give Hering democrat. for comptroller 11,090; Piatt, republi can, 12.186. The first legislative dis trict of Baltimore city, with 69 pre cincts missing, gives the leading re publican candidate 3,822 votes, while the leading democratic candidate has 3.804. The others range from 3,604 to 3,799, and the delegation is about even ly divided between the two parties as indicated by the returns now in. The second district is probably democratic while the third is almost surely repub lican. The figures from the counties come in very slowly. RHODE ISLAND. Providence, R. I.. November 5. With out any conclusive returns from th cities and towns through the state it was generally conceded after the close of the polls at 7 o'clock that Governor Gregory and the republican state ticket are elected by a plurality of about 5,000. This is a loss of 3.000 from last year. The vote polled through the state Is iignt. VIRGINIA. Richmond, Va.. November 5. At 9 O'clock- returns nro onmlntr 1owlv- Nothlng on which to base majorities. All indications democrat! Richmond. Va., November 5. Indica tions at 10 o'clock are that the demo cratic state ticket is elected by 20,000 majority and over. Although in the election today the democrats nolleo nnlv ohnnt 75 rnr rent of their vote, the result surpassed their most sanguine expectations. The ne- ETOeS took little tntonwt In ha mntpst " " ' "'W WUfc AAA w Bp and the indications are now that the democratic majority for the state ticket will be more than 23.000. The democratic majority on Joint bal lot In the legislature will be overwhel ming. On the legislative ticket, the democrats made gains In the southwest. wnere they feared they were weak. MISSISSIPPI Jackson, Miss.. November 5. The weather has been clear and cold and had a general election been on a large vote would have been polled In Missis sippi, but under the circumstances. with only the offices of state treasurer and secretary' of state to be filled, no active canvass has been made and no interest has been manifested in the election. Private telegrams from larg er towns indicate that the temporary Incumbents, George W. Carlisle and Joseph W. Powers, who are appointees of Governor Longino have been elected state treasurer, and secretary of state respectively. Full returns will not be received for aday or two as numerous precincts are on the railroads and without telephone connections. All th candidates were democrats. PENNSYLVANIA. Philadelphia Novemhr-r nnik closed at 7 o'clock and the work of counting the Votes has netrun Chairman Clement of the union party gave out a statement todav claimin the election of Rothermel for district attorney by 15,000 plurality. The vote in this city was surprisingly heavy, ex- vteuing mat cast for president last year; and Chairman Clement bases iis ciaim on this fact. Republican lead ers clsrim their city ticket is elected, but give out no fitrures. Harrisburg. Pa.. November 5 Scat. tering ieturns indicate that Potter (re publican) for supreme court Is being cut to some extent all over the state. Returns are unusually slow and the count promises to be very late. ThP counting of the vote on the proposed constitutional amendments in the inter ests of ballot reform adds to the work of the election offices. In 1899 Barnett (republican) for stato treasurer had 110,588 plurality and re turns indicate that the renuhlican ticket ran considerably under the 18y3 pluralities. Philadelphia, Pa., November 5. The repu oiican city cnairman gave out a t. i . statement at 10:30 p. m., that 14 out of 41 wards in PhiladelDhla crave Weaver, republican for district attor ney, 2o,000 plurality. He claims the election of Weaver from 15,000 to 25.000 plurality. Philadelphia, November 5. John Weaver, republican, is probably elect ed district attorney in Philadelphia over Rothermel (fusion), but at mid night returns are in from only six of the forty-one wards and an estimate of the republican plurality is therefore not possible. Philadelphia, November 5. Returns from the state indicates the election of Frank G. Harris, republican, for state treasurer and W. A. Potter, republican for supreme court justice by pluralities considerably below those of 1899 when Barnett. republican, had 110,388 plural ity. The reduction of the re;tublca.n plurality is due part to the light vote cast. MASSACHUSETTS. Boston. Mass.. November o. Returns from forty cities and towns give Cran' (republican) 8,214; Quincy (democrat) 3,613. Same last year gave Crane (re publican) 11.029 t Paine, (democrat) 4,- 798. This shows a falling off in each party of about 25 per cent, and indi cates that republicans have carried tlv state by 70,000. MISSOURI. Louisville, Ky., November 5 The en tire democratic city and county tickets are elected. The returns from the state so far recived by The Courier-Journal show the democrats have gained five members of the lower house and one member of the senate of the general as sembly. COLORADO. - - Tenver, Col., ""November 5. The day passed without anv disturbance of a serious nature. The vote was light. The polls closed at 7 o'clock and as no counting was done before that time it will be late before the result is known. NEBRASKA. Lincoln, Neb., November 3. At mid night Chairman Lindsay, of the repub lican committee said: "We have elected Judge Sedgwick by a plurality at least as large as tnat given William McKinley a year gao. Chariman de France, of the fusion committee, had no statement to give out but said he was nopeful. A LADY USES ITER TiKVOLVER Miss Mary Slaglo Sbootf Houston Mer- i ' rimon on-the Streets of Abbeville Ashevlle, N. C, November 6. Miss Mary Slagle today shot and dangerous ly wounded Houston Merrlmon assist unt cashier of the Blue Ridge national bank. As Mr. Merrimon got off street car to enter the bank, the. wo man opened fire, one shot entering the back and penetrating a lung. Another shot shattered" the arm. The two ad ditlonal shots fired by the woman mis3 ed their mark. The shooting caused much excitement. As soon as the shooting ceased the girl surrendered to the police, refusing to talk further than to say she wanted to kill Merrimon. She is less than 15 years old and It is said was a domestic employed in the house of Merrimon's father. Merrimon has been removed to a hospital and the bullet which en tered his back was extracted. The bul let In his arm has not yet been located. Merrimon is a son of J. H. Merrimon, a prominent lawyer of this state and a nephew of the late Chief Justice A. S Merrimon, of North Carolina. His wounds are regarded as very serious and chances for his recovery are not considered good, though he is resting comfortably now. Porto Rico Steamship Line Albany, N. November 6. The New York and Caribbean Steamship Com pany, of New Tork city, was incorpor ated today to operate a line of steam ships between New York city, Boston, Philadelphia, Baltimore, Newport News. New Orleans and the principal ports or Porto Rico. The directors are Ram or Cortada and Willam Cortada, of Ponce, Porto Rico: Millard F. Prince, of Ben sonhurst, I. I.; Willam L. James, of Brooklyn, and William H. Watt, of New York city. IN SCHLEY'S DEFENSE CAPTAIN PARKER OPENS THE CASE FOR THE APPLICANT. HIS ARGUMENT NOT CONCLUDED Conrt Adjourn forth Day While the Captain Is Still on thCoalIni; Que, tion He Reviews and Comments oa tho Evidence Up to That Point III Tribute to 5chleys Record In tho Navy and THs Achievements on the Coa.t of ( nba Washington, November 5.The time of the Schley court of Inquiry was en tirely devoted today to hearing argu ment In the case of Admiral Schley. Mr. Hanna finished his argument In behalf of the department which had been begun yesterday and Captain James Parker began, but did not con clude his presentation of the case for Admiral Schley. Mr. Hanna today considered the re trograde movement, the bombardment of the Colon and the charge made against Admiral Schley of disobedience of orders. Captain Parker had only reached the coaling question when the court adjourned. He defended the conduct of his client at all stages of the campaign so far as he went. It is expected that Captain Parker will conclude his speech tomorrow when Mr. Rayner will begin. Admiral Schley reached the court room at an early hour and his friends were gratified to find that the severe cold with which he suffered yesterday had greatly Improved. Mr. Hanna continued his discussion of the retrograde movement, saying that but one explanation had been giv en for it in Admiral Schley's dispatch. namely the inadequacy of coal supply. "There is," he said, "no suggestion of any other reason .in this dispatch." Mr. Hanna then took up specifica tion five of the precept relating to the disobedience by Commodore Schley of the orders of the department contained m its dispatch dated May 25, 1898. Mr. Hanna took issue with 'Admiral Schley that this was a suggestion and not a mandatory order. "So far from being suggestive, doubtful or under certain are the terms of this order that they approach the verge of reproof," said Mr. Hanna. "Their incisive dis tinctness is notable, so much so that I think few subordinate officers, hav ing turned their backs on a task to which they had been assigned would care to be arrested In such act by a telegraphic order from a superior couched in such terms." Mr. Hanna quoted Admiral Schley's dispatch of May 27th in which he ex pressed regret over not being able to obey orders, saying that as it was written after the Cotton telegram had been received it had been an explicit confession that the Cotton telegram was an order. Commenting upon this dispatch he declared that it was "the most remarkable one to be fcand in the annals of the American navy." -vlr. Hanna discussed at length the coal supply, maintaining that It was ample. Specification No. 7 was next consid ered. This requires an Inquiry as to whether every proper effort was made to capture the Colon as that vessel lay In the harbor at Santiago. Mr. Hanna said: "If the fire of May 21st was intended to destroy the Colon it was a total fail ure. If it was intended as a reconnois ance It was an 'eminent success,' and clearly demonstrated that if all the ships available had been taken Into ac tion the batteries could probably have been very speedily silenced, and the Colon, moored stem and stern, broad side to the entrance, in a narrow chan nel could have been destroyed without damage to any of the vessles of the American fleet and further, that a sec ond vessel of the Viscaya class would perhaps also have met a like fate." Referring to the eighth specification Mr. Hanna said it did not appear that tne nylng squadron was withdrawn from Santiago harbor to a distance at sea. Air. Hanna said that beyond the Brooklyn's turn the battle of Santiago was not involved In the inquiry. Mr. wanna said beyond peradventure the progress of the Texas was seriously i a. m s . . lmercerea witn. . inus ne argued, a battleship not only was imperiled, but delayed by the danger of collision at this critical time. The loop of the Brooklyn was, he concluded, the only movement of that day that had called for any explanation. Mr. Hanna also discussed the resort ed colloquy between Commodore Schley ana lieutenant Hodgson, which forms the tenth count In the precept in which Aamirai Schley was reported to have said during the turn "Damn the Texas." This remark, Mr. Hanna said, showed a iacK or interest in another ship of the fleet, V W W . a a - jar. Hanna conciuaed his speech at 2:35 p. m.. having spoken about four ana a naif hours. CAPTAIN PARKER'S SPEECH. v.a.pia.m. r-arjeer, counsel lor Admiral scniey, then began hi address In sup port o. Aumiraj RCH'py. hc stood at tne counsel table and spoke In clear. aisunct tones, "i doubt,' said Captain Parker, "if the naval history of the world presents or evr has presented a case or tne importance and charac ter of that in which we have so long Deen engaged. I doubt if a tribunal more exalted in the character of the persons who compose it has ever sat in Judgment upon a brother officer. I doubt If an officer, with the life-Ion? character and standing and conduct that Admiral Schley has always dis played, was ever called upon before to ask an investigation of his conduc & victorious commander of a fleet. There is no accuser," be raid, - - body is on trial, and yet the case 1 been conducted as though Commodor . Schley were on triaL We get It, in the order of the argument now being made here. So that we are compelled to consider the Inquiry as a trial." Taking up the events of .the cam paign In their sequence. Captain Par ker spoke of the interview between Ad miral Sampson and Commodore fchlty at Ker West pointing out that Fehley was not then Informed tliat the Span ish fleet left Curacao, notwitSs standln? Sampson had been In pse3 sion of this information for threo tr four days. Speaking of the cruise to CienfuetrJ Captain Parker said it was inconsistent to criticise Admiral Schley for stoppic to take Captain Chester on board whlla at the same time criticising him fcr not calling Captain McCaila aboard. "We can't" he said, b!ow hot and cott In the fame breath. The truth is there was no real delay In the voyage. As for tho Clenfuegos blockade, he held that it was sufficient that no res Bel had gone in or come out witnout permission. Moreover, the atfmlrai had taken all the steps possible 'to take to ascertain whether the enemy was there. "To send ashore In an enemy's coun try to find out whether the enemy was there would," he said, "have oeen fool hardy, and if the commodore had sent a boat ashore and lost it he would hav been Justly censured for so doing:. "I contend that up to this time so far as the blockade is concerned, so far as his conduct there Is concerned, there Is absolutely nothing shown by the tes timony in this case from which the slightest suspicion of fault can be placed upon Commodore Schley." Replying to the claim that Commo- ' dore Schley did not obey onlers In fall ing to prevent work upon new fortifi cations, at Clenfuegos. Captain Parker v said that not a particle of evidence hadV been introduced to rhw that any work was being done on the fortlflcatldns. "The court will agxce with me, I think, In my statement," said the cap- . tain, "that a commander-in-chief is gifted with some discretions; that he is entitled to exercise It and it is his duty o exercise it." Car ain Parker contended that both the Dear Schley" letter and No. 8 had bee: sent at a later date than had been . suggested by tne naval oiiiciais. amp- son had, he said, instructed Schley to remain at Clenfuegos, notwithstanding the department's advice to proceed to Santiago and in No. S discretion had plainly been given to Schley. "Suppose," he said, "he had gone oft and It had been found that the Span- . ards were there, he would have been t condemned and Justly so and in case of ; a court martial learned friends here would have thundered against him. s I say that no criticism is deserved for the commodore's conduct at Clenfuegos." This closed the discussion of the Clen- f uegos blockade and Captain Parker contended that he had then acted wise lyshowing that the discretion allowed him was well placed. As for himself, he cared nothing for the gossip of the v wardrooms or the talk of the young of ficers. "Their talk pales Into insignifi cance," ne said, "oesiae tne acnieve- - ments of Admiral Schley whose name will continue to shine brighter and . brighter every day." Captain Parker commended Commo dore Schley's conduct of the cruise to Santiago. He had, said the speaker,' , acted according to the dictates of his Judgement a Judgement which the captain said was better than that of . less experienced officers, an experience which had been gained in command "under circumstances of every nature. in the Arctic around both capes on every sun." "He was," Captain bark er continued, "at least as likely to be ar. correct as those young officers who for the first time in their lives were riven command of a small boat.' In the absence of Information t;- the cr.ptains of the Yale and the Mln ;eap- , olis. Captain Parker held that Aot'IraX Schley had a right to suppose that Cap tain Sigsbee had given all the informa tion to be had from the scouts. He said, that with the information given Admiral Schley had acted wisely In turning back to Key West. "Whether he acted wisely and his Judgment was sound is for you gentlemen of the court to say not with the Information that has come since, but with the light that the commodore had at the time." Captain Parker regarded the dispatch of May; 26th from the navy department as uncertain. Quoting from the dis patch Captain Parker rea.d: "The de partment looks to you to ascertain facts." "Didn't the commodore ascertain facts," he asked. "And that the enemy therein does not leave without decisive action," he continued reading. "Well was there not decisive action?" he ask ed. "The poor old Spanish admiral came with his flags flying gaily at his mastheads on that Sunday morning . and before 1 o'clock of that day he saw his ships on the beach, burning, blow ing up and all destroyed. He came pn board the American ship without thoes for his feet, or hat for his head, in a pair of drawers and an undershirt. De cisive action? Was there anything that was more decisive than that?" . Then he took up Commodore Schley's dispatch forwarded by the Harvard and defended the position taken by the commodore in that message. He then referred to the rr.ter.cc !:i rhlch the commodore inormed tho department that he had been unable to obey or- . ders, "earnestly as all have striven." "If a subordinate informs us that he is unabla to obey orders we do not charge him with disobedience. We may cen sure him for bad Judgment," he con tinued, "but for nothing more serious. Failure under such circumstances Is not always disobedience. We can all look back and see how we could have done differently. Now, I say that Commo- : dore Schley never had any orders. It was merely a suggestion as to what he should do. He was to find out If that squadron was there and to see that it did not leave without decisive action. Even If true that the commodore com mitted gross errors of Judgement, which, I do not admit, but If true, he had no ' motive but to do his whole duty as from the beginning he had always done it no more no less." Concluding his remarks for the day Captain Parker said he did not thlTgz te Colon could have been sunk in the harbor. - "There Is one little Incident about tha matter. We are permitted to go up to the first of June, and we see. by the losr of the Colon that she was there until "3:35. At 7 o'clock In the morning the commander-in-chief. Admiral Sampson " ie there and the Colon was pointed t-t to him, and there she lay for four rs and a hajf without a gun beirs fir- i at her.' I am not faulting any "Wv for this." ' The exercises of the slightest judg ment." the speaker said when the cloci struck 4. "Times up," said Admiral Dewey, and without giving the captain an opportunity to conclude the sentence the court adjourned.