New-York tribune., 1901-11-01
EVIDENCE N REBUTTAL.
CAPTAIN CHADWICK SAYS SCHLEY
NEVER GOT ORDERS NOT To
RISK HIS SHIPS

Washington Oct. Sl.-Lieutenant Grant who
served on the batteship Massachusetts, the
first witness called by Judge Advocate Lenly in
rebuttal He was questioned only concerning the
occurrences on May 81 when Commodore Scnley
went aboard -he Massachusetts for the purpose OF
making reconnaissance and bor2bardns the Colon.
and especially to the conversation in which
lieutenant Sears. flag lieutenant Of the Brooklyn,
who accompanied Commodore Schey on this occa-
sion was represented urging that 10 obstacles
be put in the way Of letting the bombaTdsneHt go
on because. he represented 70 have said it
had been difficult enough 10 get the Commodore
up to the point OF undertaking il.
Lieutenant Grant said he had seen Lieutenant
Sears on board the Massa chus1tts during the bonn
hardment or reconnaissance OF May 81. and that he
first saw him OF the quarterback bout Il o'clock
of that day. Il had been below continued the
witness TO get The powder division ready for
action Between II and % O'Clock I with
lieutenant Sears into the navigator's room while
he zashing his hands previous to going in to
breakfast in the wardroom. ana | had a converse
ton with him in that room and afterward at the
uararoom table" The navigator was present part
Of the time during this converse ton. which he
thought about sixteen present, practically the
entire mess.
Il want you 10 state what the conversation was
IN the steteroom OF the navigator
RArNER's OBJECTION SUSTAINED.
AT this point the testimony was brought to
sudden stop by emphatic remark by Mr.. Rayner:
II object" Mr. Rayner made a vigorous speech.
charging that the conI ersacion in the wardroom
OF the Massachusetts innnaterial and irrele-
want ard Admiral Scllley present 1t was
clearly inadmissble If this talk could be per
mi.ted. he said any remark made by Lieutenant
Sears any other place could be introduced Mr.
R2yner quoted several authorities in support OF
his contention.
NJ. Hanna contended that the testimony was
material and therefore under Mr.. Rayner's own
authorities. admissible.
Captain LemIy quoted the remark which Lieu
tenant Sears is alleged TO have made. as follows:
For Gods sske dom discourage him Crneanirs
able 20 do TO work him up this.
Captain Parker followed with brief speech in
support OF Mr.. Rayner's contention. IT, he said
-commanding officers be judged by all the
foolish and ridiculous things young officers say
In the wardroc7n. don't know what would become
OF them"
The court retired 10 consider the point raised
The members in consultation for fifteen min
utes. and when they returned Admiral Dewey an
nounced the courts decision as follows: The OBJ
lection made is sustained by the court
CAPTAIN sIGS3EE RECALLED
The witness was then excused. and after brief
consultation between Captain Lenily and Mr.
Hanna Captain sigsbee was recalled. MI Hanna
said that the witness had been called for the pur-
pose OF giving facts that the counsel
might desire 10 elicit from him.
This statement brought Mr. Rayner TO his feet
with the question: You are calling Captain
sfgsbee IN resuttal OF course?'
Captain Leuay-I don't call it reburtal called
Captain sisstee because he /. wanted TO testify.
Mr. Rayner apparently surprised. he said.
Have the right after we have closed the case
to recall witnesses except in rebuttal? That would
lead internlinab bic The rule of law is
put but you cannot can witnesses 10 sustain fo--
/ mes statements they have made. There is no OBJ
Captain Lemly-Counsel is wrong when he says
closed the case did not close it. / simply said.