Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-11-02
'CIBSE lIEAR THE CLOSE
Recall Of Rear Admiral schIey Will
ss Close the Testimony at the
I Court Of Inquiry.
Counsel Announces an Agreement as
to Order Of Making the Argu.s
Y $s5S3 Ss.s },s$. .s.. n1ents to Court. Ss$s

gs;5SF. 8 49, AACAtS ~ SOuiL. S2Saa@.
Evidence Covers 100 Pages and an
? e s5t Early Decision Does Not Seem
. sE}s 'z:5 = = W. Probable. 81. szss5 z57
Washington, Nov. 2,-The schiey
court Of Inquiry began its proceedings
with the aund erstanding that with the
exception Of some witnesses who will
be recalled to correct their testimony
on Monday the last testimony would
be taken before Adjournment for the
day There were only two witnesses
on the list and the understanding
when the court opened was that after
they should have been heard the
court would adjourn until Monday. y
Admiral Schley was in the court
room half an hour before proceedings
began but he hesannounced that he would
not be able to undertake the correction
OF his testimony before next Monday.
There were five whole days Of it;'
he said, "and to go over it. and make
y
task 4.
, 1t is probable that he will have.
something more to say concerning his
interview on May IS, with. Admiral
Sampson relative to which Captain
Chadwick testified Thursday. :%:%sss
x It is not now intended to call any
witnesses in surrebuttal and it is ex-
pected that the argument will begin
soon after Admiral Schley concludes:
the correction of his testimony. How.
long the court may take to- consider
the. evidence is entirely problematical.
The members Of the tribunal are eyi-
dentIy preparing to devote consider
able time to the consideration of the
testimony for they have taken rooms
In the city Tor this purpose. The tes-
timony covers 1000 printed pages and
the court sat 36 days in listening to it.
With the additions yet to be made in
the way of argument and documents
the record probably will run over LOO
pages. IL. ~. ~ s
-. The court was six minutes late in
entering the hall, this being the first
time that absolute pEomptness has not
been observed. Judge Advocate Lem
ly announced that counsel had agreed
on the order of the speeches in closing
the case. subject to the sanction of the
court. Mr.. Hanna is to open for the
department. He will be followed by
Captain Parker and Mr.. Rayner for
Admiral Schley and Judge Advocate
Lemly will close for the department.
Admiral Dewey announced that this
arrangement was satisfactory to the
court l .2S;:;,i u X, IF: i"
5 5s}s Character of the Argument.
Captain Len1y. then brought up the
question of the character of the argu-
ment to be made, saying:
E$3ttI would like, for my own inforna-
tion, to ask the instructions Of the
court as to whether or not we are ex-
pected, in the closing argument, to
confine ourselves to the evidence and
to the scope Of the preeept as defined
by the court mean the arguments
made both by counsel for the applicant
and by my associate and myself
Mr.. Rayner---""We have to confne
ourselves to the evidence but do not
want to be entirely restricted We
cannot allude TO any facts that are not
ID the evidence, but we will, in making
our huston, do 1T very respectfully
and within proper bounds ,3S5ss .sl%s
% Captain Lemly - I think that should
be the general scope of the argum erlt.
The court has defined the scope Of the
precept, but OF course we could not
undertake and the court won't under
take to restrict ourselves entirely, i
assume, in stating just exactly the.
words and the manner and SO on That
would be a question which at the time
they would have to say sWh ether it
was proper or not. y ss$a 4s .
%t4S Mr, Raymer- OF course In ma king
an argument, we wont pretend to refer
to any thing not in the record. We
are bound by that, but do not want
20 have any more restrict tions placed
upon my argument than would In
any other court. 4 want the constitu-
tionaI right to argue this case within
proper bounds and with great respect
toEeVeryhody concerned, but to make
critic isns as they appear proper to-
me, or to make comm ent. Tf should
find for INSTANCE, that believed a wit
ness has not told the trut I should
not hesitate to say SO. 4 s
Captain Lenly & Ii III sis% right.
admiral Dewey s "a ere wont be
any trouble shout that. When we
come TO the brid dge zvs wi II cross IT,
corresp andent on he Stand.
SYLVESTER seovil was then called as
the first witness of the ay He said
that while on the press boat Soaners
N Smith as a newspaper corrrespond-
erlt on May az Or Is 1T came up with
the ST: PanI of which Captain sigsbeeF
was In command, !, Off the shore at Sals-
tiago here was a eonvsrset ton with
Captain Sigsbee throug the mega.
phone, and he himself had used the
megaphone In conducting the nter.
view.
Witness said that the II Somers M !.
Smith was about Is or 100 feet from
the ST. Paul during the conversation
SIS s. i've us. as nearly as you can, the
words Of that conversatio said Cap
tain Lemly
Z I. We had been sent to find Comano-
aore sshley and the first question. Of