The morning times., 1895-12-28

New York, Dec. 27.-The special COM
mittee appointed by the New York Yacht
Club to Investigate the now famous charges
brought by the Earl OF Dunraven, part
owner OF Valkyrie III, against the people
in charge of the Defender in The races for
the Americas Cup last September, COM
menced the inquiry this morning at the
New York Yacht Club. No. 81 Madison
avenue.
The members of the Investigating COM
mittee, ]. Pierpont Morgan, George L.
Rives, ex-secrctary William C. Whitney,
Hon. L. j Phelps, aud Capt. 4. I. Mahan,
U. S. N, all rea ached the clubhouse by 10
o'clock.
There were also present c. Oliver Isc-
lin, the managing member of the Defender
syndicate; Woodbury. Kane, w. Butler
Duncan, Jr.; Latham A. Fish, s. Nicholson
Kane, Commodore f. ID. Morgan, Herbert
C. Leeds, A. Cass Garfield, secretary OF
the Americas Cup committee; Capis- Hank
Haff and Terry, Mate Berry. Quartermas-
tiers Barbour aud Staples OF the Defender,
and Billman OF Boston. WIN rigged De-
tenders sails. Nat Hereshoff, who de-
signed the Defender, and John C. Hyslop.
the official measurer OF tle New York
Yacht Club, who measured both the De-
fender and yalkyrie, were also in at
tendance.
LOTS OF AFFIDAvITs.
Lord Dunraven, accompanied by Arthur
GieDnie, rear admiral of the Royal Ports
mouth Yacht Club; George K. Asquith,
one OF the best known admiralty court law
yers Of the English bar, and /. A. Hamilton,
Lord DuDrayen's private secretary. walked
to the club house from their apartments in
East Twenty-fifth street. two blocks down.
Mr.. Hamilton carried large black bag
which he'd the numerous affidavits ON which
Dunraven mainly relies for the proving
of his case. TIE committee went into ses-
sion a few minutes after 10 O'Clock ana, as
had been previously arranged at meet
ing OF tbc CommiItee several days ago, II
was a secT..t session.
The utmost care was taken TO prevent
any intrusion of strangers Newspaper rep
resentatives were not permitted to rema in
on the ground floor, and even the members
OF the club were excluded from the second
floor. Notwithstanding gtheprecaution taken
TO insure secrecy, however, a very clear
idea of what transpired in camera was
prevalent do wn stairs and themeIDbers were
gloefully discussing the manner in which
.'Choate handled Dunraveu.'
Neither Capt. Haf nor any of the De-
tenders crew Were called upstairs today,
but they will be- examined tomorrow when
the hearing of the Defenders side OF the
case is resumed.
ARRAY OF COUNSEL.
The model room OF the cl;Ib had been ar
ranged to suit the requirements OF the case,
and presented the appea rance OF miniature
court of justice. A large table covered
with red cloth stood at the head of The
room with five chairs for the invesji x ating
committee. To the right of this was
small table for the witness under examina-
ton and another large table was provided
for the lawyers and their assistants.
The hearing was begun at ll:15 a. IN.
]. Pierpont Morgan acted as chairman and
George l.. Rives as secretary. The MEM
berS of the committee sat as Judges at the
east end OF the model room. Facing them
were Lord Dunrayen snd'his counsel. George
K. AsquIth. and his friend. Arthur Glennie.
Opposite them were Joseph II. ChOate,
counsel to the committee: c. Oliver iselin.
managing director of the Defender: Latham
A. Fish. the member OF the cup committee
who represented the club on the Valkyrie
during the races. and Herbert c. Leeds
and Woodbury. Kane, members of the club
who sailed on the Defender during the races.
PRESENTED pUNRAyEN's CASE.
Mr. Asquith opened the proceedings by
presenting Lord Dunravcn's case. He
stated that no charge was made against
any Individual member of Defenders syn
dicate.
Lord Dunraven did not claim that Mr.
Iselin or any of the gentlemen having gem
eraI charge of The boat Were guilty Of
improper met hods. but from his own OBJ
>crvations aud from what he had learned
from others he was convinced that the
1. -
been increased after She had been off
Ciany measured. Just prior 10 the ifrst
race.
This he believed was done by surrepti-
tiuusly adding TO her ballast sJ as To- sink
her four inches deeper in the water than
when she was measured for the determi-
nation OF her racing length
MIR. Asquith referred To the POSITIONS
0f the two yachts on the night of Friday.
september 6, preceding the first race He
said that they were both in the Horse
Shoe inside Sandy Hook, and that the De-
tenders tender. the Hattie Palmer. lay
alongside of the American boat, and her
crew were al work on her until l O'Clock
i'll the morning
The next day those on board the yaIkyrie
and on the City of bridgeport noticed that
the Defender was viSibly deeper in the
water than the day before.
He had only begun his testimony when a
recess for lunch was taken.
HIS LoRDSHIP ON THE STAND.
After recess Lord Dunraven continued
his testimony. He told in detail the move
ments of the yachts before and after the
first race. His counsel led him on from
point to point until he had stated all that
he knew OF his own personal knowledge
about the alleged change in water line.
Lawyer Choate objected TO any hearsa V
evidence being introduced and the pro-
ceedings were kept within legal lines.
When Mr.. Asquith finished with his
client. Mr.. Choate took his bordshp in ha nd
and put him through rigid eross-eXami-
nation. The Irish earl had a very un
comfortable time OF itfor over an hour.
Mr.. Glennie was the secoEd witness. He
went over much the same ground as Lord
Dunraven. and was also cross-eNainined by
Mr.. Choate. When this was finished Mr..
Asquith presented dispositions made by
Captains Cranfield and Sycamore and MEM
bers of the yalkyrie's crew. After these had
been made Mr.. Asquith announced that
Lord Dunraven's case was closed.
Mr.. Choate then called Nat Herreshoff as
the first witness for the defense Mr. HERES
hoff, who built the Defender, stated that
between thirteen and fourteen tons of lead
would be required to sink her four inches
after she had been measured.
He said that it was not possible to add
that quantity of lead to the yachts ballast
aud remove 1t without being seen by many
persons. He had not finished his testi-
rnony when. at a few minutes before 6 p.
M, the committee adjourned the hearing
till 10 a. IN. tomorrow.