New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-03-28
THE TESTIMONY ALL IN
ARGUMENTS IN THE HEYERMAN CO1rpr-
MARTIAL WILL BE MADE TO-DAY
CAPTAIN JOHN ADAIR DESCRIBES THE SHIFTING

| CAPTAIN JOHN ADAIR DESCRIBES THE SHIFTING
/ CURRENTS AROUND RoNCADoR REEF-IJE1,.
TENANT LYMAN TO BE TRIED NEXT.
The court martial of Commander Oscar f Hevor
man Tor the loss of the warship Kearsarge on
/ Koncador Reef on February was continued r.,
| Huilding No. T. in the Navy Yard yesterday When
the court opened the first portion of the session was
nearly taken up with the reading Of the previous
days testimony the witnesses and securing their
signatures Then the surprise came the calling by
his counsel Of Commander Heyerman TO take
the witness chair to answer a single question The
question was:
Ibid you plot the position on the chart at p. m
from the o'clock position in shaping your course
after darkness set in, and what distance would that
course take you from the bay in passing in as
sumng your o'clock postion?"
Mr.. Mark at once objected to the question and
after some verbal sparrng the court was cleared
for deberat.on When the doors were reopencd it
was announced that the question had been with
drawn
Captain John Adar, who has cruised on the route
TO Nicaragua for many years and who has
/ manded the steamship Aguan, the last witness
! called. and his testimony was thought to be de-
cidedly favorable for the defence. His testimony
was detailed explanation Of the erratic nature OF
the currents in the neighborhOod OF Roncador Reef
it was plain Straightforward statement of his own
observations and experiences. He gave proof that
the current of the morning might not be the same
ton were so variable and SO affected by winds and
other elements that no data of a previous voyage
could be relied on for the following He also said
that while the reefs Of Roncador broad in
extent, there a comparatively small portion
above the water.
When Captain Adalr had finished, counsel for the
accused said that the defence had no witnesses
and then the Judge-Advocate announced that the
testimony was All in. and at his request the court
adjourned until IL a. to-day. when after Captain
Adair has read his testimony and affixed his
signature to it, the Judge-Advocate will make his
/ argument. which will he brief. Then Lieutenant
Commander Mark. counsel for Commander Heyer-
man. will make his defence, which Will probably be
for inspection before being publicly read 90
/ that 1t may be learned whether 1t contains any
thing which Ii may he desired to strike out
When the arguments are concluded the court VIII
be closed. and erybody. including the Judse-Ad-
vocate except the members OF the court VIII be eX
cluded from the room. when the court Will examine
is finished the members viii vote ON each speclfcl-
ton Of each charge. beginning with the hiSt as -
part" Each member must write his opinion and
hand Il the president OF the court ana when all
the of the voting will not be- disclosed nor
any written minute OF the votes be- preserved
unless ordered by unanimous vote or the court.
The court is required to continue celebrating In
this manner until majority agrees upon finding,
each member voted.
When this Is done the vote must be taken as to
whether the accused Is guilty in less degree than
charged or not guilty and this vote must De taken
and with the same secresy Then the members VIII
vote in the same manner on the punishment to be
inflicted; but should there not be majority vote
on the nature and degree OF punishment 10 De IN
niced the voting will be taken on N" different
degrees proposed. beginning at the mhdesi. The
vote OF the majority is the opinion Of The whoIe
court and the minority IS bound thereby.
The court received preliminary notice yesterday
to proceed with the trial Of Lieutenant Charles H.
LYMAN. the navigator. after the Hcycrman cas-" IL
finished. There two charges made, with three
specifications TO the first charge and one 70 me
second The fret is neglect and failure 10 take me
necessary morning observation for LONGITUDE on the
day OF the wreck. and failure to obtain the local.
deviation OF the compass the day before ana
ON the day OF the wreck Charge two accuses him
of failing to advise the commanding officer OF IN"
position OF the ship at p. m. February :. as u
was his duty 10 DO. and culpable inefhciency' IN
CONSEQUENCE OF which the vessel stranded.