The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-10-31

! Sr)ses the movement was intended to
7 accom- lish.
Did y5s haze each Of these various
! reasons in mind at the timer"
Probably all OF them and others"
Schley's Report o. Battle.
The Judge advocate then took up Ad-
miral Schley's report of the battle
| made to the department, dated Guam
/ tanamo Bay. July s. 1899, and he was
questioned concerning the statements
made therein. attention being called to
/ the statement that after the Viscaya
! had struck her colors vhe signal was
/ made to cease firing and then the fol-
| lowing sentence:
The Oregon having proved vastly
| faster than the other battleships. she
and the Brooklyn. together with the
I Texas and another vessel. which
1 proved % be your flagship. continued
| westward in purs1it Of the Colon.
/ which had run clos in shore. evident
/ " seeking some good spot to beach if
/ she should fail TO elude her pursuers."
You wrote that?"
Yes" replied Schlev. and / can
explain the whole thing if you VIII ad-
NIT preliminary r@~oTt that was re
| turned.
ct have no objection to your pre-
/ liminary report unless Il comes under
| the rule that it was not sent.
1T was sent and returned"
Captain Lemly: I think I have a
| TlEnt 10 commune now ana not nave
them insert other evidence az this
/ time.
Mr.. RayDor: I differ with you on
that. 7 think when witness is asked
| a question
| Admiral Dewey. The court Its ruled
it out because it was not sent. A good
many questions have been asked. You
| might ask some more.
Contest Over Report.
Mr.. Raynor: Il is not quite three
! days, yet he is just beginning.
Captain Lemly: 1 do not want to
answer that.
Mr.. Raynor: 1 want to read this re-
port.
Admiral Dewey: The court has de-
cided that it had better be drawn out
| in some other way. We have ruled oui
| all papers not sent
Mr.. Raynor: This was sent. This is
not the report that was sent to the
Admiral Dewey: oh. beg your par
don
Captain Lemly and Mr. Raynor con-
tinued the discussion for some time
! The Judge advocate charged that Mr.
Raynor's purpose was to interfere with
the cross examination. Admiral Dewey
finally put an end to the discussion by
| saying n there was no objection 70
bringing in the report at another time
il could be brought in a Z this point
ThereupOn Captain Lemly withdrew
his point
The damage has already been done
he said. 1T is for the purpose of de-
strOying the order of the CrOss-ez am
inatiOn and that is now already ac-
| complished. He has already accom-
plished all the damage ne can do
| At this point the hour of 1 O'Clock
having arrived. the court took a recess
for luncheon
Report to Sampson.
After recess Captain Lemly laid be-
fore the court Admiral Schleys press
/ copy book containing a copy Of hi.
! letter embracing his first report to Ad-
nliral Sampson of the battle of Santi-
( ago. which had been returned ans
there was more contention between
counsel as to the admissibility OF the
! document as evidence. The decision
Of the court was to the effect that the
report could not be read aloud. and
was announced through Admiral Dew
ey as follows:
THE court holds there is no objec.
ton to the witness refreshing his mem
DRY from the letter. but he cannot reat
it aloud"
why haven't we the right to rea5
it?" asked Mr.. Raynor.
Because the court does rot wan
it, replied Admiral Dewey. 1T ha,
ruled otherwise. It was ruled out OF
the same principle as that applied t,
Admiral Schley's telegram which wa
not sent"
There is this difference" said Mr.
Raynor. that while the telegram wa
never sent, the letter was sent an,
returned"
Captain Lemly: How do you know
that?
Mr.. Raynor: That is what we wan
to prove.
Captain Lemly: The mark on it
face shows that It was not sent
/, Mr.. Raynor: We propose to SHOW
that that was an error. That marking
was done by Admiral Schley's fla
Admiral Dewey: The letter has tn
same standing as the telegram. W
don't know why II was marked as mo
, | sent except that il was so marked
Mr.. Raynor to Admiral Schley: VIII
made the mark?
Admiral Schiey: My secretary afte
had returned from the flagship Ney
I York.
Report Is Returned.
Ate. some further sparring b
{ ! counsel, Admiral Schley explained tina
the original preliminary report of tn
: I battle he teak TO the commandment
chief and then returned to the Brook
| lyn.
, Admiral Sampson then signaled 70
, ( me TO come on board again, he sal
which I did. and he handed the 4
{
, but himself and myself in the cabi
at that time, and from the converse
ton I had with him ! was led to be
, / lieve-'
: Captain Lemly: We want the con
!. versation.
70 Admiral Sampson handed II back {
! me WITH TIE statement that he wa
D commander-in-chief and that / Ia
: omitted Q very important detail-ths
K e failed t. show the presence af I'll
Y New York. ] felt that the viz
: Tory at that time. as I safe
\ was bis enough for all. and I mad
this out of generosity and because
o knew that IL the New York had bee
e present she would have done as goo
= work as anybody else. Your con
q mand ] referred to all Throughout
- and 50 on. in complimentary term
II That was the reason
n IN response to 2 question. the wit
( ness testified that during part of tn
r battle the Indiana, the Glouceste
o Texas and Iowa we're obscured frol
the Brooklyn by smoke.
Surrender of the Colon.
When the Colon surrendered WIN
s did you nok take possession. Of her an
j aim to save hero
: Il sent aboard to receive her surrer
> der and was proceeding to do tn
4 very thing when the flagship came u
q 7 am satisfied she was all right whe
. ] left for the eastward
o1,s al