Birmingham state herald., 1895-12-28
DUNRAVEN ON DEFENDE R His Lordship Thinks Extra Bal
 last Was Used FOR SPEEDING THE YACHT But Becoming Somewhat Tangled on Cross Examination, Didn't Know Exactly
 What He Thought.
FOR SPEEDING THE YACHT

committee appointed by the New York Yacht club commenced their inquiry into
 the charges of foul play made by the
 Earl of Dunraven against the owner of the Defender in the model room of the New York Yacht club at 1915 a. m. to- day. Two members of the committee
 were the first to appear-George L. Riv-
 CTS and D. J. Phelps, ex-minister to the court of St. James. They were followed | by c. Oliver Iselin, the managing owner | of the Defender; Woodbury Kane, Latin am A. Fish, S. Nicholson Kane, J. Pier | pont Morgan, chairman of the investigat- | ing committee; Capt A. T. Mahan, U. S. 1 N; Joseph H. Choate, who will look after l the interests of the Defender syndicate; | E. D. Morgan, W. Butler Duncan, Her. | bert c. Leeds of Boston, A. Cass Garfield, | secretary of the Americas cup commit l tee,r and Captains Hank Half and Terry of | the Defender. The two quartermasters l of the Defender, John Staples a1d Irv- l ing Barbour, were the only members of her crew to attend in the morning. Lord l DunraVen came at 10 o'clock sharp He was accompanied by George Aslkwith, his | lawyer; Arthur Glennie, rear commodore I of the Royal Portsmouth Yacht club, and
 his servant, who carried g. big package of l papers.
 | | Investigating committee drove up in l carriage immediately after Lord Dun 1 ravens arrival, and as he was the only
 member needed to complete the arrange
 ments the session commenced. | The utmost secrecy was used in con- l ducting the investigation. No newspa-s | per reporters were permitted to remain | on the ground floor and members of the l club were not allowed to go upstairs. 1 The model room of the club, in which | hn f~ hAfN l.RI1 1 court fashion. A large table covered with red cloth is at the head of the=room, and l here the five members of the investgat- Ing committee sat. To the right of this l tabye is a chair reserved for witnesses.
 A long table for the lawyers and their as- sistants. and three smaller tables with l chairs and other seats along the hall, l complete the ensemble.
 l The proceedings opened at 10:15 a. m. | J. Pierpont Morgan took the chair and | MT. AskWith commenced his opening ad- l dress.
 The utmost care was taken to prevent | any intrusion of strangers. Newspaper | representatives were not permitted to re- l main on the ground floor and even 4he | members of the club were excluded from 1 the second floor. Notwithstanding the precaution taken to insure secrecy, how | ever, very clear idea of what trans l pired 'in camera" was prevalent down 1 stairs and the members were gleefully discussing the manner in which "Choate | handled Dunraven" Neither Captain
 Half nor any of the Defenders crew were called up stairs today but they will be 1 examined tomorrow when the hearing of l the Defenders side of the case is re- sumed.
 | The witnesses who were to testify re- l mained in the smoking room on the ground floor of the club house, and went | to the room where the investigation was | being held, one at time, as they were | called.
 | MT. Askwith opened the proceedings by presenting Lord Dunravens case. He l stated that no charge was made against | any individual member of the Defender l syndicate. Lord Dunraven did not claim I that MT Iselin or any of the gentlemen | having general charge of the boat were guilty of improper methods, but from his | own observations and from what he had | learned from others he. was convinced | that the lead water line of the American l boat had been increased after she had | been officially measured. just prior to | the first race. This he believed was done l by surreptitiously adding to her ballast so as to. sink her four inches deeper in l the water than when she was measured | for he determination of her racing l length.
 Mr Askwith referred to the positions | of the two yachts the night of Friday, l September 6, preceding the first race. | MT. Askwith finished his presentation of the case at 12:45 D. m. While he was talking MT. J. Pierpont Morgan, the 1 chairman. was called down town on i'm 1 portant business, and Ex-Minster E. J. | Phelps took his place.
 | Lord Dunraven was the first witness. | He had only begun his testimony when a | recess for lunch was taken. l After recess Lord Dunraven continued l his testimony. He told in detail the movements of the yachts before and after l the first race. His counsel led him on l from point to point until he had stated | all that he knew of his own personal | knowledge about the alleged change in | the water line.
 | Lawyer Choate objected to any hear | say evidence being introduced, and the l proceedings were kept within legal lines. l When Mir Askwith finished with his eli | ent Mr.Choate took his lordshfp in hand
 and put him through a rigid cross-exami- | nation. The Irish earl had very uncom- | fortable time of it for over an hour. MT. Glennie was the second witness. 1 He went over much of the same ground | as Lord Dunraven. and was also cross examined by MT. Choate. When this was | finished Mir Askwith presented deposi- | tions made by Captains Cranfield and | Sycamore and members of the Valkyrie crew
 After these had been made Mir Ask with announced that Lord Dunraven's case was closed.
 MT Choate then called Nat Herreshoff as Lile IlfSl WltneSS TOT the Qe1enSe. MT. Herresshoff, wio built the Defender stated that between thirteen and four teen tons of lead would be required to sink her inches after she had been measured. He said that it was not pos Sible to add that quantity of lead to the yachts ballast and remove it without being seen by many persons. He had not l finished his testimony when the commit | tee adjourned the hearing till 10 a. m. to- morrow.
 The hearing will in all probability be brought to close tomorrow and a report l will be made to the club by the commit 1 tee. Arrangements will be also be made | for making the proceedings public. and until this is done it is impossible to say | what prospects Lord Dunraven has of | substantiating his charges.