New-York tribune., 1890-04-29
THE FIRST ROCKET FIRED.
pyROTECHNICS AT THE MCCALLA COURT
MARTIAL.
LIEUTENANT LEMLY's TESTIMONY ABOUT The
COMMANDERS THREAT TO KILL
SEAMAN IF HE SMILED.

Tho nrincipaI testimony given at the Mccalla court
| -, ,o.terdav was by Lieutenant Lemly. OF the
rrte,nrsc II has been predicted all along by naval
| orcers that the fireworks would begin when the
officers began TO testify and Lieutenant Lemy hfcu 'e
| first rocket Joseph H. Choate VINO was pfeseho a'
Commander McCaa's senior COUNSEL c"huuo'o" INC
,ieutcnants discrimination. but failed to shake
h ,ae,,monv' Lieutenant Lemly has a reputation
| - .h vavv as an officer well versed in law. and
| hos conducted Vas Judge-Advocate manly well known
| naval courts Among them are the Jeaihe't7 court
- ,,,r, and the court-martial Of Paymaster Wat
| kins The Department sent Lieutenant Lemy Tom
| Washington to China to conduct the latter case
Mr. cboates ignorance of the customs of the naval
service and the men ofwar generally placed him at
| =. decided disadvantage Technical points OF law
were frcouently raised and about every five minutes
Admiral Harmony gave the order Clear the court"
The Spectators reporters, lawyers and the accused al
euch times retired to the corridor until Che tnkln2
Of the Admrals bell summoned the orderly to say
that the pon. had been decided and the court was
AGAIN open Lieutenant LemIy testified 10 having
ordered men to be placed in confinement. and told
the story of the Myer affair. lie said
.Myer was brought to the mast for an of nee COM
mitted on the preceding day. Inc COMMANDER "aiheh
bv him and said Don't you smile at me- lie
then called for the orderly to bring him his sword,
and after receiving it. went to the mast again. ana
placinc the point close TO Myers breast. said with
have a good mind TO do 1t any way as an ex-
ample II is what you deserve"
When Mr. Choate took the witness In hand for cross
examination he began asking him about the character
Of various In the crew. concerning whom tne
Lieutenant had not testified. Lieutenant stdyton,
the Assistant JudgcAdvocae. at once objected. hfd
Ing that the dCtence in it, cross examination r~ist
onnne itself TO the matter of the direct testimony.
Mr Choate urged that this was not necessary
"Thato said Lieutenant stayton. ais a position
which / do not think Mr. Choates great rcputa-
tion can make tenabe. II the defence desires 10 ex-
anime the witness in any Other matter than that TO
which he has testified in his direct examination,
they must call him as their own wines. Other
ui-c we are deprived of the right Of examiua,
ton on new matter brought out BY the defence
81 can only say replied Mr.. Choate. " that in an
experience Of thirty years have found it 10 DO
good law
Lieutenant stayton replied: {" have not had An
experience of thirty years nor Of thirty months. bnt
this is the law, and ne read from Greeneaf Evi-
dcnce passage distinctly stating that examina-
fion must be confined TO the subiect-matter of the
direct examination. The court cleared. and
its being opened again. the Judge Advocate announced
that the objection sustained. but that the defence
me-t question the witness about the character of the
men whom he had mentioned.
Lieutenant stayton said We are perfectly willing
to admit If you like that svaglich told the truth
in iall.7
Take that down. exclaimed Mr. Choate to the
stenosrapher
Yes replied Lieutenant stayton. Il have been
,trdyine over that sentence for a week In order to
help the defence There was some legal
quibhng but the upshot Of it all that Lieutenant
Lenly said he thought the men mentioned were bad
men, Mr.. Lemy testified that he had never on his
own authority ordered any 10 be placed in CON
fnement lie received his orders from the executive
officer according the customs Of the service, and
these orders supposed 70 emanate from the COM
handing officer. He had always entered connne-
mcnts and punishmcnts In the log as by order Of
the Commander If Commander McCalla was on board,
and a, By order OF the commanding officer II the
Commander was not on board. The log showed that
in the case Of svagllch, Mr.. Lemly had entered II
" by order OF the Commander sVaglch, IL VIII be
r.u.muered was of the men confined IN a strait
jacket. ,,
and marine. were examined, who went over the Old
story II mems being irone IN strings and IN pairs oi
their being la,hed to JACOBS ladders and being placel
in strait acAct>. According to the testimony OF
these men, ;he Enterprise must have rSounded TO tho
clanhins Of chains and handc"is most OF the 'iine.
answer question by Captain Meade that he had
been In the service nlne years aud had served on
.eS.f. ships. but had straitlacket
used except on board the Enterprise Corporal Dean
testified To having seen John r. WALKER ana W;
FITZGERALD dashed a Jacobs ladder a CrOnstadt and
10 having seen r. !. Armstrong secured IN the same
va, on the way from Snez to Aden lie had seen
Mr. Mcnzcs read from the Log to show that at the
time Walker va, confined In suaiuackct the
brig was occupied by Il fireman who serving
fifteen days sentence This point was made 10 show
that there other way Of connning Walker.
-.ip'. Corporal Daricy told OF having seen member,
~ the crew irons and strait kct>. sergeant
Cnoh testified to having seen men IN straiiJachei>.
lle saw ~va gich iu double irons ~ -tettin. The
i.ourr had MS hands lroncd behind him and had
strllilachct on. Ills feet irons chained Ia
ring bolt under the forccastc. and he kept there
for fyc d0y,. seaman Neil testified 10 having seen
men ir.ned to-ether In "a string at Roucn for a week
After thr witness came Lieutenant Lcmly. The court
adjourned shortly after O'Clock to meet again at
10 "A to-day