The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-11-04


If not more, shells passed over the fleet,
to read that number of shells passed
over the fleet" He also changed his evi-
dence concerning suspicious movements
IN the harbor of Santiago July 2, to
read that before dark l noticed in the
harbor a good deal of smoke coming
up" The official record. he said, made
him say that he saw the smoke after
dark.
Coming to his answer to a question
IN reference to his order sent below
during the early part of the battle tc
stand by to RAM Admiral Schley en-
phas1zed his FORMER testimony by stat
ing that "ther4was a distinct intention
to ram on the part of the Maria Teresa,
Admiral Cevera's flagship and the
Viscaya." He also reiterated his conf
dence in the Brooklyn-s speed by stating
that with one engine and all the boiler
power she could have gotten up all
speed that was needed. AS to the passing
OF the flying squadron by the Eagle on
the morning of May 10 and the latter s
conveying the information that there
was no news, Admiral Schley CORRECTED
his testimony wherein he said that he
was not mistaken as to this by stating
that he might have been mistaken.
Admiral Schley also corrected his
statement regarding his visit to the
flagship New York when he had made
his preliminary report of the battle of
July 3 to Admiral Sampson. The record,
he said did not make the matter o11ite
clear. THE admiral said to me-" con-
tinued the witness, "thatsI had omitted
a very important detail, which was to
state that the New York was present" !"
The witness corrected but one of his an
swers to the questions of the court This
question was to the effect that as he
was ordered to go to Cienfuegos to
establish blockade, was it not his duty
under the circumstances to communi-
cate direct, either by signal, or other
wise, with the senior officer of the veS-
sells returning from Cienfuegos and OBJ
tain from him all information regarding
the situation at or near that port.
The answer, as corrected, reads: "The
communication which he made to me
through the Eagle, indicated that Capt.
McCalla knew [ was bound for Cien-
fuegOS and 1, of course, took it for grant
ed if he had had anything important,
he would have notified me of the fact
without my inquiry
At this point Admiral Schley an
nounced that he had no more correc-
tiOnS to make.
Capt Parker called the admiraPs at
tention to the evidence of Capt. Sigsbee
in which he had said that when he
went on board the Brooklyn the whole
was coal and nothing but coal and that
Commodore Schley already had made
up his mind to go to Key West.
THAT was not the first question Sigs-
bee asked me at ALL" replied Admiral
Schley. 81 did not say to Capt. Sigsbee
signal will show. Sigsbee was talking
on the subject of coal and since he
mentions it. 1 recall the fact that his
statement was that he was command
ing a vessel that was one-tenth of a
mile long and that she could not turn
her engines over under $50 tons of coal
day, also that he could not remain there
very long, that he would have to go 10
Key West
Had you as a matter of fact, made
up your mind at that time to go to Key
West?''
II had not"
Admiral Schley then referred to his
conversation with Admiral Sampson re-
garding his instructions about not bonn
harding fortifcations as follows: 81
ought to mention, in connection with
the talk 1 had with the admiral in re-
lation to his instructions about not
bombarding Notifications that recall
the fact that he and 1 were talking
about the guns that were probably
there and I asked him whether he
knew if they were Honturia and Krupp
guns. He said Probably both,' and
that recalls the circumstances to me.
And again. in relation to the testimony
of Lieut.. Roys@"
Judge Advocate: ttI do not think the
purpose of calling the witness to re-
wise his testimony is to enable him to
contradict witnesses who have been on
the stand"
Mr.. Rayner: HE can contradict any
witness if we want him to do it. That
is a remarkable statement Your wit
nesses have right to rebut ours and
we have not right to answer themi
Mr.. Roys was an entirely new witness
and he testified to something new. 1
asked the question if we would have
the right to call up witnesses to con-
tradfct new witnesses, and the court
said of course we would; otherwise we
would be barred out entirely"
The Judge advocate Il think as
Lieut. Roys is the only witness who re-
mained uncontradicted have no objec-
ton to make
Mr.. Rayner: ST think that is a great
mistake that he is the only witness
contradicted. I think there are fifty
witnesses uncontradicted, according to
my recollecti n That is a highly OBJ
jectionable statement for the judge ad-
vocate to make
The judge advocate: eff the court
please, am to be corrected by the
court only, and not by counsel, who has
frequently attempted it,
Mr.. Rayner: "I suggest, may it
please the court. that during the trial
Objectionable for the judge advocate to
say that this is the only witness that IS
1t is Objectionable be-
cause it is not a fact That remark
means to say that Commodore Schley
has contradicted every witness on the
stand. 1t is highly improper, highly
Admiral Dewey: 1.-THE court has no
objection to the admiraPS reference to
Lieut.. Roys.''
Admiral Schley: "I merely wanted
to say in connection with Lieut.. Roys'
testimony that I heard nothing of the
protest which he speaks of-of the de-
sire of Lieut. Sutherland to coal. I am
quite sure he is mistaken about that,
because it would have been impossible
on that day for that ship to coal"
Admiral Schley was then finally ex-
cused and Capt Lemly offered a large
number of documents as evidence. The
report of Capt. Goodrich on cable cut
ting was objected to and Capt Lemly
withdrew it Among this documentary
evidence was a letter of the secretary
of the navy to the president of the