The Topeka state journal., 1901-10-12
END IN SIGHT.
Capt. Lemly Thinks He Will
Finish Government Side
OF the Schley Inquiry About
Next Monday.
JUDGE RAYNER READY
To Push His Side of the Case to
a Finish.
I, n :nl~
JUDGE RAYNER READY
Capt. Chadwick Recalled For
Cross Examination.

Washington, Oct. 12.-Capt F. E.
| Chadwick, who was Admiral SIMPSONS
| chief of staff during the war with Spain
| continued his testimony before the
| Schley court of inquiry today. He was
| under cross examination at the hands
of Mr.. Rayner when the court adjourn
| ed yesterday and that gentleman con-
| tinued his interrogatories when the
| court convened at IL o'clock this morn
| ing. Other witnesses of the day were
| Lieut.. Sidney A. Staunton, who was
| Captain Chadwick's4 principal assistant
/ and Lieut.. Nathan d. Twining who
was aboard the battleship Iowa as an
! officer during the Santiago campaign.
Most of yesterdays witnesses were re-
/ called for the purpose of correcting
| their testimony.
There was only one session of the
| court today, decision having been
reached yesterday to adjourn at 1
| o'clock today until next Monday in or
| der to give the members of the court
! and counsel an opportunity for recrea-
| ton and recuperation- Capt. Lemly
| said today that he had made such
| progress during the present week that
| he expected to be able to conclude the
| presentation of the government side of
| the case by the close of the session on
Monday. 1t is understood that Mr..
Rayner will be prepared to Immediate
| ly begin the introduction of Admiral
| Schley's witnesses and it is his present
! intention to press the case forward as
| rapidly as possible.
| When Capt. Chadwick took the stand,
| Mr. Rayner formally addressed the
| court, requesting permission to ask the
witness two questions, which he out
| lined He called attention to his ques-
ton. put to Capt. Chadwick yesterday
| concerning a telegram of congratula-
| ton which Admiral Sampson had sent
| IN m p
| had asked the witness if he remember
| ed that message and the witness re-
| piled that he did remember it very well
| and adding: Because 1 protested
| against his congratulations"
| Mr.. Rayner said that this last ex-
| preston was purely voluntary on Capt
| Chadwick's part and was not neceS-
sary in response to the inquiry. The
| questions which he stated to the court
| were as follows:
''First-When did you first learn of
| the existence of dispatch No. 80"
| ''Second-Did you then in protesting
| against the sending of this congratula-
tory dispatch refer to his blockade of
! Cienfuegos in dispatch No. 8?''
Admiral Dewey stated the court had
| no objection to the questions, and Capt.
Lemly said he would not object pro-
viding he could cross-examine on the
/ points raised. Mr.. Rayner did not con-
| cede 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 witness said: Il was in
| formed of it's purport at the time it
| was sent to the Marblehead.'
Did you see it when it was sent to
! the Marblehead?"
ct did not read it,
when did you first read it?'
| II did not read the original dispatch
| until the answer was received from
Commodore Schley, brought by the
| Hawk
was not that on May 26, when your
| ship was at a point between Havana
| and Cape Francis. in the vicinity of
! Cape Pedras?'
Did you have the blockade of Glen
fuegos in mind when you protested
against the sending of the congratu-
latory dispatch?'
May / ask if you mean that l had
| that only in mind ?"
Il do not mean that mean whether
! you had it in mind at all
Il can say had it partially"
| After Mr.. Rayner had formally asked
his second question Capt Chadwick
! offered written reply, but Mr.. Ray
| ner objected, saying:
ct must first read what he has writ
! ten before he answers 1t might be
something very Objectionable. Sup
| pose he did protest. How does that
affect the case? What we wanted is
the congratulatory dispatch. Now he
| If the witness in answer to my second
| question says Yes or No / won't OBJ
| ject, but if he says anything else
| would like to have the opportunity of
| seeing what he has written"
| Capt. Chadwick then tore up his
written reply, and answered verbally.
| II had it partly in mind"
| On redirect examination Mr.. Hanna
| brought out the information that the
telegram of congratulation to Commo-
| dore Schley had been based partially
upon the capture of a collier with coal
| for the Spanish fleet, which capture
was made by Capt. Sigsbee.
| Capt Chadwick also said that he had
| drafted Admiral Simpsons second dis
patch of May 81, the one sent from Ha-
| vana and while the dispatch from Key
| West designated as No. 8, was sent at
| 8 O'Clock, the second was sent between
| 5 and o'clock
/ Capt. Chadwick was then excused
| and Lieut.. Commander Sidney A Staun-
! ton was called. Before the witness took
his seat Judge Advocate Lemly asked
and received permission to put in as
| evidence Admiral Simpsons official re :
| port made at Guantanamo Bay, August
| 13, 129S
| Lieut. Commander Staunton related
| the particulars of his securing infor-
nation of the presence of Cervera )
fleet at Santiago. He said that while
| the fleet under Admiral Sampson lay
| at Key West on the morning of May
| 90 he went shore. While in the office
/ of Commodore Remey he said that
| Capt Allen of the signal office had call
| ed him aside and told him that he had
received informal ton of the presence of
the Spanish fleet at Santiago which he
| believed to be correct. The information
was to the effect that the fleet had en-
tered the harbor on May 10. The in