Birmingham state herald., 1895-12-29
HE LORD HAS VAMOOSED Spreading His Sails He Silently
 Steals Away SURROUNDED BY HENCHMEN And ast Stock of Naught But Yofbld
 RecolIectons. THS AcHT INVESTIGATION CONTINUED YS Be Decided Monday-Mr. Iselin Grows Warm Under the Examina- l., tion of English Barrister S for Dunraven.
BY HENCHMEN
AcHT INVESTIGATION CONTINUED

New York, Dec. 28.-The Earl of Dun- raven, accompanied by his friend, Arthur Glennie, rear commodore of the Royal Portsmouth Yacht club, sailed for Eng land at o'clock this afternoon on board the Cunarder Umbria. The investigation of the charges made by Lord Dunraven against those in charge of the Defender had not been concluded when the noble earl and his henchman took their depar- ture today, and only part of the evidence in rebuttal had been given when the spe- cial committee, consisting of J. Pierpont Morgan, chairman; George Lockhart Rives, secretary; William c. Whitney Capt. A. T. Mahan, United States navy, and Hon. E. J. Phelps, adjourned the hearing until 10 o'clock Monday morning.
 The manner in which the Irish earl made his second visit 10 New York this year, and the extraordinary means that were taken to avoid his being interview ed by reporters, were only slight precau- tions in comparison with the efforts that were resorted to in order to keep even the bare fact of his exit today from the public. There seemed to be somewhat of division of sentiment between the members of the New York Yacht club as to Dunraven's visit, but in the end the divergence appeared, after the man. ner of a paradox, to converge in an unnanimity of opinion that he was non suited. Some of the members said plain ly that the noble earl had not left the country any too soon for his own good, while other prominent yachtsmen re- garded his personal reiteration on this side of the water of the charges made in tho Eip1d n ha 1phf 0f a p1a of bluff" While the secrecy im- posed by the court on all connected with the case was observed es to definite sta tements of what had ocurred in ses- sion, it did not take the breaking of any breach of confidence to find out how the tide. had turned.
 As on yesterday morning, George T.. Rives was the first to reach the head quarters of the New York Yacht club, at 67 Madison avenue. He was followed by Latham A. Fish, c. Oliver Iselin, Jos eph H. Choate, Herbert c. Leeds of Bos- ton and Captain Mahan, U. s. N. Capt. Hank Half and Captain Terry and the rest of Defenders crew, Messrs. J. Pier pont Morgan and William c. Whitney drove up before 10 o'clock, and A. Cass Garfield, secretary of the America's cup committee, walked in later Lord Dun raven and MT. Askwith, with Arthur Glennie, l. A. q. Hamilton and David G. Henderson strolled leisurely to the club house. Newberry Thorne, J. Butler Dun can and Hon. E. J. Phelps were among the last to arrive. At 10:20 a. m. the bur gee of the club was hauled up and the committee went into session.
 The Defender syndicate presented tes- timony in rebuttal of that offered by Lord Dunraven yesterday, and although the gentlemen who were present at the inquiry refused to talk for publication it was learned on good authority that the charges made by Lord Dunraven were totally disproved. Lord DunravenS case was based upon suspicion and in- ference from the fact that her tender, the Hattie Palmer, had remained along side until late hour the night before the first race. This and other a1lega- tions made by Lord Dunraven were ex- plained by those in charge. of the De- fender, and positive statements were made by Mr.. Iselin, MT. Herreshoff and Captain Half that no tampering with ballast took place.
 The proceedings today opened with an argument between Joseph H. Choate, counsel for the Defender, and MT. Ask with. Lord D1nraven's counsel, as to the advisab:ity of a portion of the evidence offered In support of the charges. After this Lord Dunraven was recalled for a few minutes to make clear one or two points in the testimony offered yesterday. He was followed by Nat Hereshof, build CT and designer of the Defender, who said
 
 cha arged would handicap rather than aid the yacht He said that she had been found to be stiff enough for any weather, and the addition of ballast would only re- tard her. He also stated that only three tons of movable ballast had been pro- vided, and that 1t would re quire at least fourteen tons to sink the boat 4 inchNe beyond her measured water line. Afrer MT. Askwith had made MT. Hereshon go over his statements several times and G-sI xs.~ls. hi V nV. Iselin took the stand. He told just what was done on the Defender on the night preceding the first race and the folloW- ing night. He declared that no ballast had been added after the official measure had been taken, and that none had been removed before the remeasurement His testimony was direct and convincing. He said that 1t was absolutely impossible for the alleged changes in ballast to have taken place without his knowledge. That he certainly would have known It 1T the Defender was inches deeper in the wa- ter on the day of the first race than she had been on the previous day, and that the quantity of lead necessary to make such a change could not be slowed so as to escape his observation.
 MT. Askwith gave him severe cross- examination, and Mir. Iselin became quite hot under the questions that were asked by the English barrister. He was in- clned to resent the inference to be drawn from the questions, and MT. Askwith had a difficult task to obtain direct an- swers. At 12:40 o'clock recess was taken for luncheon.
 At 2 D. m. the hearing was resumed with MT. Iselin still in the witness chair. He was followed by Capt. Hank Han, who testified positively that there was no addition of ballast and no increase of the water line. He stuck to that in spite of all the subtleties of MT. Ask with's cross-examination, and corrob- orated the testimony of MT Iselin as to the work on the Defender before ana after the first race. It was nearly 6 o'clock before MT. Askwith finished with Captain Half and it was concluded to ad-