Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-11-02

Judge Advocate Lcmly announced
thftt counsel had agreed on the order
of the speeches in closing the case sub
Jcct to the sanction of the court. Mr..
Hanna is to open for the department
re VIII De followed by Captain Parker
ana Mr. Rayner for Admiral SchIcv
ana Judge Advocate Lcmly will close
for the department. Admiral Dewey
announced that this arrangement was
satisfactory to the court
capt. Lemly then brought up the
question of character of argument 10
DC made. saying:
would like for my own information
10 ask the instructions Of tho COM, ..
20 whether or not we are expected in
me closing argument. to confine our
serves to the evidence and to the soon.
OF the precept as defined by the court
mean the arguments made both by
counsel for tn" applicant and by my
associate and by myself"
Mr. ltayncr: We have to confinr
ourselves to the evidence. but do not
want to be entirely restricted We
cannot allude to any facts that are no,
IN evidence. but we will in making
our allusion do it very respectfully ana
WITHIN proper bounds
Capt. Lemly: II think that should bc
the general scope of the argument
Tho court has defined the scope of th,
prcccpt, but Of course We could not m
dcrtakc and the court wont undertake.
to restrict ourselves entirely. | assume.
in stating just exactly the words and
the manner and SO on. That would be a
u
have to say whether it was proper or
not
Mr. Rayncr: "Of course. in making
an argument. we won't pretend to re-
fer to anything not in tn" record We
are bound by that. but I do not want
to have any more restrictions placed
upon my argument. than ! would i'm
any other court. l want the cOnstitu-
tional right to argue this case within
proper bounds and with great respect
to everybody concerned. but to make
criticisms AS they appear proper to IN"
or to make comment If should find.
for instance. that believed a witness
has not told the truth. | should not
hesitate to say So
Capt. Lcmly: THAT is right
Adniral Dewey: There won't be any
trouble about that. When we come to
that bridge. We will cross it
SYLVESTER SCOVEI..
sylvester Scovel was then called as
me hrst witness of the day. He said
mat While on the press boat Somers
~. smith. as newspaper correspond
cht on May - or IS. it came I'D with
IN" -. Paul of which Capt. Sigsbcc
was IN command. off the shore at San
'i''So. There was a conversation with
'apt SigSbcc through the nccaphonc
ana he himself had used the mega
pn"h" IN conducting the interview. The
Witness sid the Somcrs n. Smith was
''hout - or IT, feet from the St. Paul
during the conversation
"lVc US. as nearly as You can the
words of that conversation" said Cant
Lcmly.
we mad been sent to find Commo-
dorc Schley. and the first question Of
course was Where is Schley.' and tho
answer from Captain Sigsbee was: Won
VIII hnd MIN in the Yucatan rassare
iheh. lnasmuch as our boat was ,-.r,-
SLOW. asked him to advise me who, h.,.
ne thouSht we could catch Commanders.
"th'eS If We followed him and he stat
ed: Yes go "c "'"'-
me second question was: .Nhe,. i
e'.era and in answer to tina, Cant
vi" not speak for moment H.
'Sui'ea with somebody on the bridca
snip and then answered.. Il ann
"Ct We caught an English .,y
-: lying I" sneak into thu. bar1.,
This morning - ''''""i