The times. [volume] (Richmond, Va.) 1890-1903, 1901-11-05

bee that we were going to Key West, as
the signal will show. SigSbee was talk
ing on the subject of coal, and since ne
mentions it, recall the fact that mis-
statement was that he was commanding
a vessel that. Was one-tenth OF q mile
long and that she could not turn her en-
gines over under $50 tunes of coal a day;
also that he could not remain! there Very
long; that he would haze to got Key
West
Had YOU, as matter of fact, made
up Your mind at that time to go to Key
West?'
II had not"
Adniral schley then referred to his
conversation with Admiral Sampson re-
garciing his instructions about not bonn
harding Notifications, as follows:
II ought to mention, in connection with
the talk had with the Admiral, in rela-
ton to his instructions about not pom
harding Qualifications, that. recall the
fact that he and 1 were talking about
the guns that were probably there, ana L
asked him whether he knew If they were
Hontoria or krupp guns. tie SAG, prop
ably BOTH and that recalls the circum-
stance to me, and again in relation TO the
testimony of Lieutenant -RoyS
Judge-Adyocate: Il do not think the
nnrpose of calling the witness to revise
his testimony is to enable him to con-
,,raGictS witnesses who have been on the
'''0' CAN CONTRADICT.
Mr. RaNner: Tie can scontraulct any
witness if we want him TO 90 IL. mai
is a remarkable statement. Your wit
nesses have a right to rebut our and we
have rot a right to answer them. MT.
Rows was an entirely new witness, and
ha testified to something new. |, asked
the question if we would have the right
to call UP witnesses to contradict ne"
witnesses, and the court said OF course
we would: otherwise we would be barred
out entirely.
The Judge Advocate: 81 think as Lieu
Rows is the only witness who remains
uncontradicted, have no objection tc
make. =
MIR Rayner: ~ think that is great
a,iistake, that he is the only witness I'M
contradicted. think there are fifty
witnesses uncontradicted according to my
recollection. That is a highly improper
remark for the Judge-AdVocate7t to make.
The Judge-Advocate: IF the court
please. I am to be corrected by the court
only and not by counsel, who has fire.
quently attempted it.
Admiral Dewey: 1.-The court has no OBJ
lection to the Admirals reference to Lieu
tenant Roys.
Admiral Schley: ''I merely wanted to
say, in connection with Lieutenant Roys
that heard nothing of the protest which
he speaks of--of the desire of Lieutenant
Sutherland to coal. I am sure he is mis-
taken about that, because it would have
been impossible that day for that ship
to coal.''
Admiral Schley was finally excused af-
ter brief cross-eNamination. and Cap
tain Lemly offered large number Of
documents as evidence
SCHLEY'S COMMISSION.
Before taking the usual recess for lunch
con, Mr.. Rayner offered in evidence the
commission of Admiral Schley. and when
asked if he had any objection to its going
in, Captain Lemly replied:. None at all. :
But called attention that it was a com
mission dated August 10. 1888, issued dur
ing a recess of Congress, and that the
words Nominated by and with the adj
vice and consent Of the Senate were
stricken out.
"Itwill appear, of course" said Cap
tain Leu1ly,S.' exactly as it appears here. :
Admiral Dewey: sit is svaluelesse II II
has not been confirmed by the Senate
II can go in, but it has no value, OF
course
When the court came in after recess
Admiral Dewey handed to Captain Leml;-
md the latter read the following an.
nouncement: -
..rhe court states that while it has ad.
r,,tted to its record a document presented
l,v counsel for the applicant, which was
| yiyen to the applicant by the President
IF thp United States on August 10, 1898
tha ro,,rt does not recognize such doc1l
+