The times. [volume] (Richmond, Va.) 1890-1903, 1901-10-13
COUNSEL c D. HA We
LIVELY TILT
Judge Rayner Designated Remark Of
LemIy as False.
SATISFACTORY ADJUSTMENT,
Captain Chadwick ID His Testimony Made
Voluntary Statement, Eyinclng All
mus Toward Admiral
Sch.ey.
SATISFACTORY ADJUSTMENT
(By Associated Press.)


opportunity for recuperation. Captain
Chadwick concluded his testimony, be-
| gun Yesterday, and Lieutenant Command
er Sidney A. Stanton, who served on the
| New York as an assistant to Captain
Chadwick as chief of staff for Admiral
| Sampson, and Lieutenant Nathan &.
Twining. formerly OF the Iowa Were in
/ troGuced as witnesses.
/ Commander Stanton'S testimony dealt
i largely with dispatches forwarded by ADJ
miral Sampson to Commodore Schley,
! and While he was under examination Mr..
/ Rayner outlined 4. contention in behalf
/ of Admiral Schey to the effect that the
! dispatch written on May 9th was the
J first positive notice that the commander
in-chief had given Commodore Schley Of
| the presence of the Spanish fleet in the
harbor at Santiago.
SHARP TILT
| Near the close of the days session
! Judge Advocate Lemly and Mr.. Rayner
became engaged in a controversy over
the admissbility at that time of a chart
| showing the speed of the vessels of the
| flying squadron, and when Mr.. Rayner
| made q statement concerning the matter
f, to be introduced the Judge Advocate
took exception to its reception, saying
| Mr.. Rayrer's summary might be ina c.
curate as other statements made by him,
referring especially to the contents Of
| documents presented, had been.
/ Mr.. Rayner resented the expression
| and replied to the effect that il uttered
| outside OF the courtroom he would say
| that il was false.
Before the court adjourned both MI
| Rayner and Captain Lemly made state
| ments concerning the incident to tho
| court, and Admiral Dewey expressed the
| opinion that Captain Lemly,s expla.nE-
ton Should be satisfactory to Mr.. Rayner.
GOVERNMENTS SIDE.
Captain Lemly said to-day that he had
made such progress during the present
week that he expected to be able to con-
clude the presentation of the Govern
ment's side of the case by the close of
the session on Monday. 1t is understood
that Mr. Raynec will be prepared to i'm
mediately begin the Introduction of Adj
miral Sohley's witnesses, and it is his
present intention to press the case for
ward as rapidly as possible.
When Captain Chadwick took the stand
Mr.. Rayner formally addresses the court,
requesting permission to ask the witness
two questions, which he outlined He
called attention to his question put to
Captain Chadwick yesterday concerning
Il telegram of congratulation, which Ad
miral Sampson had sent to Commodore
Schley on May 2Sth. He had saked the
witness if he remembered that message
remember it very we'll and adding: BE
cause 1 protested against his congTatula-
tons"
DISPLAYED ANIAfUs.
Mr.. Rayner said this last expression
was purely voluntary Captain Chad
wicks part and was not necessary in re-
Spouse to the inquiry The questions
which he stated to the court We're as
follows:
First: when did you first learn of the
existence of dispatch number So
Second-''Did you then. in protesting
against the sending Of this congratula-
tory dispatch. refer to his blockade of
Cienfuegos in dispatch No 50"
Admiral Dewey stated the court had no
objection to the questions and Captain
Lenly said he would not object. provid-
ing he could cross-eXamine on the points
raised. Mr.. Rayner did not concede this
right. but before the point was decided
Mr.. Rayner asked his first question as
previously given to the court After
reading the dispatch in question, the wit
ness said: 81 was informed of its purport
at the time it was sent to Marblehead.'
I did not read it,
when did you first read it?,'
II did not read the original disnatch
until the answer was received from Com
modore Schley brought by the Hawk
Was not that on May 26th, when vour
ship was at a point between Havana and
Cape Francis in the vicinity of Cape
Pedras.
Yes
did you have the blockade of Glen
fuegos in mind when you protested
against the sending of the congratulatory
dispatch?"
May I ask if you mean I had that
only in mind?'
l do not mean that. I mean wheth-
er You had it in mind at ali''
Il can say I had it partiallv''
OFFERED WRITTEN REPLY
After Mr.. Rayner had formally asked
his second question. Captain Chadwick
offered a written reply, but Mr. Rayner
objected, saying: Il must first read what
he has written before he answers 1t
might be something very Objectionable.
Suppose he did protest How does that
effect the case? What we want is the
congratulatory dispatch. Now he brings
in something entirely different. If the
witness in answer to my second cues
ton says yes or no. I won't object,
but II he says anything else. would
ike to have the opportunity Of seeing
what he has written
Captain Chadwick then tore up his writ
ten reply and answered verbally:
81 had it partly in n.ind.''
On redirect examination. Mr.. Hanna
brought out the Information that the
telegram Of congratu,ation to Commodore
Schley had been based partially upon the
capture of a collier with coal for ne
Spanish fleet, which capture was made
by Captain SiSsbee.
Lieutenant Commander Stanton relat- |
ed the particulars of his securing informa-
ton of the presence of Cereyera's fleet
at Santiago.
IN NO HURRY.
He then stated that on the next morn
ing, May. list, the fleet proceeded to the
blockade OF Havana, Admiral Sampson |
being satisfied that the information con
corning the presence of the fleet at San |
tiago was correct. The Admiral accord I
ingly had called up the Hawk and for
warded his dispatches to Commodore
Schley.
Captain Lenly '.Tell the court fully |
from what source the information was re- |
ceived concerning the arrival of Cevera's
fleet in Santiago. would like you TO
Identify the dispatch put into cipher at
that time, to which YOU refer
The dispatch l referred rs to having
'een drawn up by Captain Chadwick in
ny presence, is the dispatch known as
he memorandum that accompanied dis
,atch No. 81