New-York tribune., 1896-02-01
SOME OF THE TESTIMONY
THE WHOLE OF IT FILLS A BIG VOLUME.
WITNESSES WHO APPEARED AT THE 1NVESTioA-
TION AND WHAT THEY sAlD-COLLAPSE
OF THE DI-SRAVIcN CASE.

WITNESSES WHO APPEARED AT THE 1NNbSIldA
TON AND WHAT THEY SAID D-coLLAPsE
OF THE DUNRAvEN CASE
Tho testimony. with the correspondence In the
7 Dunraven case makes a volume of 5S pages. Inc
committee at 10 a. IN. on Friday December 80
in the model room OF the New-fork iacht C'uo'
with ex-Minister Phelps in the chair, ana All l1c
members of the committee present. There were also
present the Earl of Dunraven and his counse! g. H.
Askwith: and c. Oliver Iseiin ana his counsel
Joseph II. Choate. The hearing continued through
Friday Saturday. Monday and Tuesday, ana during
the sessions all matters connected with the races oil
1895. which had any bearing on the charges were
carefully investigated. In opening the proceeuihSs'
Mr. Phelps said in part:
II Is hardly necessary to state. but am desired
by the committee TO say that they propose 10 Coii-
the resolution. Beyond that they are entrufi "a
with no du,y and wh no agihoy on dI 'n"t nbSer i
stood to have been made by L,r ron
The committee is not authorized under the laws
testimony viii have be taken-so far as 1t IS taken
here-without being under oath; and while we shait
evidence. we shall not feel bound to enforce strict
legal rules but shall feel at liberty to near d amy'hg mn
may be offered on the side or the other.
The affirmative Of this proposiion being upon upon hnrd r
Before that If any gentleman has any SUGGESTION TO
make in respect to the procedure before the COM
mlttee. shall be happy to hear him
DUNRAVEN'S CASE PRESENTED.
Mr. Askv,th then presented the caoe OF Lord Dun
raven and reiterated the charges which were pub
lished IN the English papers and which were en-
phasized by Dunraven in his speech Mt Cardiff
lie went over Al the well-known ground ana closed
hy reading the statement containing what Dunraven
declared to be ais grevances-which was drawn in
London on December 10 \ beef examination or
Lord Dunraven by Mr.. Aslwith followed. and then
the Earl taken in hand by Mr. Choate. The
first question put by Mr.. Choate was one which
most yachtsInen anxious to hear answered;
Lord Dunraven. did the fact tina: the Defender
or your belief that the Defender had sailed on the
,th more deeply immersed than when measured
have anything to do In your own mind with your
final withdrawal from the race?
NO. sir
After much questioning. In which Dunraven was
made TO stumble frequently. and IN the course OF
which the conversations as TO the supposed deeper
immersion which took place between him ana
Latham A Fish all gone over, he made the
statement that he believed that between twelve
and thirteen In ballast had been added to the
Defender. His visits Of inspection in company with
Mr.. Glenn,e brought up. ana he admitted that
no person on board Of the City of Bridgeport or the
Vakyrie had given him any positive information
as 10 the shipping Of additional ballast. His cross
examination continued through the rest Of the
session on that day, but nothing adiuced 10
substantate the charges which. on the contrary
ltcame firnSy as the examination prOceclel.
Following the examination of the chief ctor came
a statement by Commodore Smith. o: the Cup Com
rrittee and then declarations were submitted
signed by George Lenox Watson. the designer OF
the English s.oop; Thomas White Ratsey. the sail
maker: William Wardley Cranhe.d and EI~ard
sycamore, navigators. ana Arthur Herbert G.onnic
Mr Gennc. being present WAS examined by MI
Askwth and cross-examined by Mr Choate. after
which declarations were read from William Russell.
Luther Gou.d, John Clark. William Henry Grefn
and Edward Roper. The dispositions OF Gould.
Clark and the other seamen were 10 the effect thai
lights were passing between the Defender and
the Hattie Palmer for hours on the night before the
race OF September :.
MR.. CHOATE'S OPENING REMARKS
In his opening remarks. Mr. Choate said:
do not think It requires any opening statement
upon my part. We shA call several Witnesses we
and h!s counsel have expressed their entire inability
TO prove. They have shed no light upon the state
,s1s nse H ona srherna of fraud"to be accompsbe,l
without the knowledge OF the managing owner OF
the Defender We that 1t is utterly impossi-
be that any such thing could have been done with
out the fui knowledge Of Mr. Iselin. and that any
experienced yachtsman must know thai perfectly
wen. We propose to prove by the designer OF this
she built as A competitor. and successfu! com
petitor for the Americas Cup. We shall show that
She sailed in the trial races without any ballast
whatever. and that she sailed those races as she
designer: and TRAIT as she had then been success
fu competitor the Vigiant. 1t was his purpose
well the purpose OF her owners that she
should be prepared and trimmed and balasted TO
sail the cup races nearly az possible as she was
upon the trial races.
l. Mr. Choate's promise made good Lord Dun
ravens charges shown TO be based on impos-
sibilities. Many witnesses had to be called. but
the result attained
HERREsHOFF CALLED.
The first witness for the Iselin side was Nathaniel
G. Herreshoff the designer of the Defender In
the course of his examination Mr. Herreshor was
asked:
@ What in your judgment, would have been the
ming the race OF putting to fourteen tons OF
ballast on her more than you had advised? ,
Mr.. Herreshof-Do you mean on that day-that
Saturday?
A. think the chance would have been very poor
indeed.
O. How would 1t have affected her sailing quail
ties? A. l think she would have been slower with
that weight on board in tha; light breeze.
Latham a. Fish whose conversation with Dun-
raven was a matter Of discussion throughout the
controversy. was examined after Mr. HerreshoT
and his version OF the conversation was the basis
Of the committees belief that Lord Dunraven was
in on that score.
A. Cass Canfeld. secretary of the Cup Committee.
who present at the remeasuring of the De-
fender. was examined by Mr.. Choate and cross
examined by Mr.. Askwith. Mr. Garfield and Arch
ibald Rogers We're the subcommittee appointed to
remeasure the boat in keeping with Lord Dun
ravens request and the reasons for not mcasur-
ing on the evening Of the given.
Herbert G. Leeds. who the Defender all
summer, during the trial races and in every race
with the Vakyrle called and testified 10 the
taking out Of 1000 pounds of weight from the De
fender in the way Of fittings and furniture.
THE POSITION OF THE WATER PIPE
Louis j. De Luze was the next witness He is a
civil engineer and surveyor who had examined the
Defender. He was examined by Captain Mahan
and by Mr.. Choate and his evidence showed that
the variation in the position OF the pipohoe did not