The evening world., 1894-03-27
WILL TRY L|EUT.LYMAN NEXT.
Commander Heyerman's Court
Martial Is Almost Over.
Prosecution Withdraws a Question
After Consultations.

Before the days proceedings were be-
gun at the Court-Martial of Commander
Oscar F. Heyerman, for alleged negli-
gence in connection with the loss of the
kearsarge, both Judge-Advocate Kelley
and Lieut.. Commander Adolph Mark,
counsel for the accused. said that there
was little doubht that the case would
be left to the final consideration of the
Court before night
All the prosecutions evidence had been
submitted and there remained to be
heard only the testimony of one of two
of the witnesses for the defense. Com
mander Heyerman will not learn the de-
ciston OF the Court for some time.
He will be held in suspense until the
decision arrived at by the courtmsrtial,
sidered at length by the revising au-
thorties at Washington. The first in
timation Commander Heyerman will re-
eeive Of the verdict in his case will come
from washington perhaps six months
hence.
1t is possible, however, that only a
few days may elapse before ne learns his
fate. Meanwhile he will remain under
nominal arrest, and his sword will be
held by Admiral Gherardi. representing
the Government.
Of the previous days record, and then
the witnesses heard yesterday were
handed their testimony, as taken by the
courts stenographeR and told to make
Whatever corrections were necessary.
Lieut.. Col. Bowman was the next re-
called to, the stand, and Mr.. Mark took
up the direct examination.
Lieut.. Bowman was asked few
technical questions concerning his meth
cd of working out the results he had
obtained from study of the Kear-
Heyerman was put on the stand in his
own defense. Only one question was
asked him by his counsel. It was:
Had you any reason to suppose, or
did you know, at any time on Feb .
that all the positions of the Kearsarse
as handed to you We're not the results
of the calculation made personally by
your NAVIGATOR
| mo, sir"
Judge-Advocate Kelley said he had no
desire to question the witness. but the
Court wished to ask one. The question
handed to the Judge-Advocate, who read
1t to the witness, as follows:
Did you plot the position of the ship
you by the navigator as calculated from
the o'clock sight? Did you shape your
course accordingly, and how far would
that course have cleared the reef?"
Mr.. Mark at once objected to the
question as going into new matter. He
argued that the court could only cross.
out on tbe rect on
, The court was cleared to allow of q
discussion of the point. When court wa.
opened, hVe minutes later, 1t was an
nounced by the Judge Advocate that the
Court withdrew its question for the rea
son that It would go into new matter.
capt. Nicoll Ludlow here asserted him
self for the, first time during the trial tc
object to the Judge-Advocate's form OF
announcing the Courts ruling.
We decided simply to withdraw the
going into new matter was superfiuous.
II think, Captain" said President Car
penter, that the Judge Advocate cor.
rectiy announced the Courts ruling"
Commander Hyerman was excused
and then ensued long walt for Capt
]. A. Adair. who, was to testify as an
expert on Caribbean Sea currents
seas around Roncador, but is now dong
prosperous stevedore business in New
1t was definitely learned to-day that
Lieut.. Charles ii. Lyman, Navigator OF
the kearsarge, would be cour;-martialed
after Commander HIeyerman's case /.
from Washington this morning
There are two charges, neglect o
duty and culpahie ineiciency in th
OF duty The first eharg
failed to personally take an observation
on the morning Of Feb. 2; second tina
he failed TO obtain the local deviatio,
except that Feb. 2 is specified as tn
day on which he failed to take the com
pass deviation.
The second charge is. in substance
that Lieut.. Lyman, well knowing tina
at about sunset on Fob. 2 the Kearsarg,
had run her estimated distance from
| the y. NJ. position, as ascertainod by
him, to the position OF Roncador Bark
and that, although he was well ac
quaint with the difticulty uf sightini
the reef from q safe distance after dark
he failed to advise Commander Heyer
man to lay safe course TO the north
ward before continuing on II westerly
course.
Lieut.. Lymans case Will come bcfor
the court on Thursday. Lieutenant
Walling and Hood. who win testify 1,
Lyman's case have been oredred l.
the cruiser Atlanta Gt Norfolk. Va, b,l
JudGe-Advocate Kelley has written 4
Washington to ask the Secretary of tn
Navy to SO modify tho order as TO per
NIT the officers to remain in New Yorl
until after Lieut.. Lyman's trial.