New-York tribune., 1896-02-01

~aven thar the omission of the cup Committee TO
or 70 mt a r.orcsaraive on board Of her to remain
during the night justified his suspicion thal hef H.
placement had been tampered with between the
race and the remcasurement on the following day.
1t has already been pointed ont that rcrneas're-
OF the Defender after the race ana on me s'iie
lay was impossible, because the Erie BASIN, Wheie
each cached un, too dark to make H. and that Lord
Ounraven was 50 Informed by MI Fish when l she e
.-equest made. II fully proved tnat sicI d
Measurement could not nc made by artificial light
The remoasurement that took place on the next gay
Sunday at 10 O'Clock IN the morning was therefore
the earliest possible
NO SUCH REQUEST RECEIVED.
In regard to the request which Lord DunraVen
states that ne made to Mr.. Fish for TRANSMISSION
20 the Cup Committee. namely. that each 0: the
two yachts should be taken into the charge OF 'Ae
committee for that night. it is conclusvely SHOWN
that no such request reached the committee. -
NJ Fish denies mat any bch s9ch he VAS cSSTged
That he did understand that il was inciudei IL
shown by the fact. that in delivering the inessdsc
few hours afterwar' gravely tmpressed a. ne says w.
with It's importance. ne made no mehuoh 10 INC
Ii further appears thai mem9randum OF the
message sent was made by Alr. Fish IN wIlthS
tains 10 afusion to the request in question Mr.
Fish testihes that he MADE this memoramidum mum ~ ~
Lord Dunraven's presence because unWlI!he 80
trust his own memory and IN order 10 De sure re ln9
over to Lord Dunraven, who SUI gges,ed correction
which was interincd, ana that TINS iheniyi ~ I.ii m
contained the whole message as given 10 him ana
as delivered by him. Lord DunraVen reineinDeIs
that some memorandum was made by Mr F1sh al
the time concerning this message, but Goes no, nO'
recollect that he himself suggested any correc'iGn
But upon his own recollection OF me facts m tne
written me tmoranGum seems sUoNgV 10 coi'iin
Mr.. Fish's statement
1t is testified by the Cup Committee that me mem nm
orandum was delivered TO them by Mr. Fish as tne
message he had received. and 1t ls Gear 'lal IL
lication by Lord Durraven IN The Field WAS tAe
first knowledge that cGnnT,tee had or @ngg ny ye
i pshding rem remeasurement il is also to be observed
that Lord Dunraven in his letter Mr.. kersey OF
5'sio for all fe hcre Says is Il don't know wheher
Fish ever tod ,hG Go"Ma'es H,. rNcS wsIs' INC '''
1t shown that the message from L-orI DII- III
raven as to the increased immersion of the De
fender. and the reason for his request for a re-
measurement Of the Defender We're not con, Conu mum.
mittee and did not come 10 mis- knowledge Till long
1t has not been suggested that the members SO; OF
the Cup Committee, OF any OF them, were or % cou,l
have heen parties 10 any iainpeIihfi VIZ ~ ia ~ D,n
raven made through NJ Fish. was not stated N
s1Sh ds ters as Tea 10 hat hey Ought TO put REP
resentative on board the Defender that night TINS
Of II in his publication in The Field" The com
mittee have been referred % any prcceuent IoT
which such remedy has been provided for II
necessarily implied distrust OF az PeIsons eUht(rn %
their knowledge of these gentlemen y woma ooun, n
less never have occurred TO the cup 'oihili''eo III"
less specially demanded
THE EVIDENCE CONCLUSIVE.
But whether the Cup Committee should OF their
own motion upon the suggestion that was, In
fact conveyed TO them by oral message from LORD
Dunraven, have taken that step as matter OF
precaution. becomes now in the present case to'ai-
ly immater.al TO consider, because. as has been
shown. the evidence is conclusive that hotnihs uu
take place, under the circumstances could posi-
bly, have taken place On 1oh Iharge Ie made bv Lord
Dunraven. a representative of the cup commit
tee If ne had been board, could. therefore nave
discovered nothing. and prevented nothing
The only other circumstance that the committee zee
deem 1t material to aliude to is the omission by
the Cup Committee, until aiter the hrst race.. 80; ~
cause the loadwater length of the competing
This was Indicated on both yachts by the meas
urer at the time of the official MEASUREMENT, by
these marks were accurate is not questioned. This
method of marking the water-line length was IN
At the last race for the Americas Cup. which
took place in 1893. ana in which yacht belonging
10 Lord Dunraven took part. the load-water length
marked and without objection by him.
THE EXTERNAL MARKING.
On the present occasion. the first request made
by Lord Dunraven for external marking was
contained in a dated September G. 1S9j, the
very day upon which the boats were to be meas
ured addressed TO Mr. Garfield, the secretary O;
the Cup Committee. That committee without de-
LAY convened meeting and acted favorahly uon
the reQuost, provided Mr. lselin consented, rs
consent being necessary to any modification Of the
terms OF the agreenent He al once assen,ed' aMd
within few hours after the receipt o. Lord Ilui-
ravens request the committee had SEN sub sub
where
10 be measured. 20 see that they were marked ex-
ternaly as requested by Lord Dunraven.
and had left the Basin; ard could not return, on
account OF the tide. i was therefore arranged
g. the day following the first race. And the meas
urer was ordered 10 preserve The me oatten used IN
sure that the yachts should be at the same point
OF immersion.
the external marking not made until a:;cr
the first race had been sailed because Lord
ME fnr fhaf
of marking not customary and not provided for in
the for the the race that it was Impossible
Lord mns, be n eIroT W n IN his Is
and as result secured the external marking Of
the boats. And the suggestion that Lord Dunraven
ternay before the first race is not sustained by any
evidence.
A REGRETTABLE SILENCE.
II is very much to be regretted that. II Lord Dun
ravens suspicious were not dspelled at the time Of
the remeasurement OF the Defender on the Sth Of
September he did not say then. Instead OF accept
ing In silence the result which verified the previous
Measurement. The renleasurement was the COM
mt;ee's Response to the c9mmunication which they
their knowledge OF the circumstances, which made
It impossible that the imputed fraud could have been
their knowledge of Mr. Iselln, it satisfied them and.
we have seen. it justly satisfied them. >.
To all appearance IL satisfied Lord Dunraven. He
present at the remeasurement and met there
the members Of the committee and Mr. Iselin lie
objection 20 proceeding withou, further acIcn. He
made no inquiry as II how how fully his oral mes
sage through NJ. Fish had been delivered. and no
suggestion that any request which he supposed TO
have been contained IN that message had not been
complied with
He sailed the next race In the series that had
been agreed without protest or objection on ac-
count OF the change which he had told Mr. Fish ne
believed to have been made in the load wa;er-ne
Of the Defender before the first race. And he tes-
tifed that his belief that such change had oc-
CURED did not influence him in his final Wlthdra wal
from the match q; the third race. The Cup Commit
tee seems 70 have been warranted in suppoAng that
Lord Dunraven's suspicious were allayed. and that
further steps we're necessary TO settle any queS-
ton OF fact TO vird.cate any ones reputation.
ORIGINATED IN MISTAKE.
I-pon a careful consideration Of the whole case.
the committee are unanimously of the opinion tina;
the charge made by Lord Dunraven, and which
has been the subject OF this Investigation. had Its