Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-09-26

on the day of the bonn bardmsnr of tho
Colon, which | overheard, which l.
should like to supply, be raplied
1t is this: He said when he came
aboard that Admiral Sampson would
be there on the following day. Hemade
that statement in connection with his
remark that he was going In to sink
the Colon. !"
The purpose of this inquiry was to
dese op what Messrs. Lenly and Hanna
considered an error In Admiral HiR-
ginson testimony. He had said that
the Massachusetts could not have re-
NAMED on blockade for more than ~
days. and that then the vessel would
be without coal and powerless to pro-
coed to coal.
The OBJ ection to the question was
not pressed.
Upon reading from the log, Com.
mander Schroeder said ii showed that
the Masssoh usetts had over 800 tons of
coal aboard when she arrived at
Santiago.
Mr.. Hanna: Assuming that the
Massachusetts, ON blockade duty. would
use 81 to 10 tons OF Goa per day, how
long could the Massachu set,s have re
manned on blockade before Santiago
with that supp y OF coaly" y
At 40 tor sra day abe would remain
about 20 days, IL there were coal
supply at hand so we would not have to
go OIL and get soire, and there was coal
there ut the time 90 the MerrinIsc
''Steaming at 10 knots, about how
much coal would the Massachusetts
CONSUME on days RUM"
THAT, do not remember.
Inn n .nbr nd = al
concerning the coal supply Of the Mas
he had no information On that point,
he was asked to read the log to secure
this information. e
Course for Admiral Schley OBJ jected,
but Assistant Judge Al oeate Hanna
insisted, saying tiIat Admiral Scnley's
co1n sol were merely creating delay BY
their OBJ ertinns. II PROPOSE 10 5e-
velop the facts 10 this case and techni-
cal objections will not avail to pre-.
vent. "he said.
Washington, Sept. 24. Dramatic IN
terest was Unused into the lioceediugs
oil the Schley Court OF inquiry yester
day. The story OF the Brooklyn's loop
WAS tod by Commander Lewis O.
Heilner, navigator Of the Texas who
was with Capt. j. W. Philip when it
IL alleged he gave ordersto slow, stop
and back the engines Uf the Texas to
prevent collision with the Brooklyn.
During the day the arguments be-
tween the Judge-AdVooate and hia
assistant, Mr.. e. P. Hanna, and the
oounsel for Admiral Sch ey became
heated at ii " s, and not a little temper
was exhibited on buth sides. For the
first time Lieut.. II. Ii. Ward, one of
the liautenants detached oh duty at the
Bureau of Navigation and regarded as
the right hand mae OF Admiral A. s.
; Crowninshield, chief of that bureau.
appeared in active connection with the
trial. He has been present every day
IN an unofficial capacity to watch the
interests OF the bureau, hut yesterday
he.appeared In Uniform within the rail.
As Lieut.. Ward had prepared the
appendix to the report OF the bureau OF
Navigation, Capt. s. O. Lemly, the
judged dvocate, requested his assist
ance. in handling the logs and other
papers in the case, with which hs was
familiar. His presence was source of
surprise to the counsel for Admiral
Sohley, and of some irritation, as was
shown when he volunteered bit of in
formation and Mr.. lsidor Rnynsr replied
somewhat abrupSly. THAT will do, Mr..
Ward; We don't need any assistance
from you. !" > 50
BY q ruling OF the court expert testi.
mony on certain points was admitted
today. This was a disappointment to
Admiral Sohley's counsel, for under a
ruling of the court on Friday last such
testimony was barred. 1t was then held
by the court that testimony could not
be admitted which consisted of an
opinion matter dealt with in the
precept lud on which the court itself
would later be called upon to renuer an
opinion. While the question today was
not directly on this line, it substantially
amounted to the SAME thing.
Commander Heilner was asked at
what time during the battle be CON
sidered the Texas was in the greatest
danger. 1t was obvious from his FIRST
testimony that he would make but one
reply--that 1t was when the brooklyn
made her loop. 1t WIS plainly a matter
of opinion and was objeoted TO by Mr..
Rayner, supported by Judge Wilson, on
theground that the court had previously
ruled out just such a question. Mr..
Hanna replied, and thu udee- A dvocate
drew the distinction between expert
opinions regarding points in the precart
and matters not touched upon by the
precept and on which the court was
not required to give az opinion.
The matter 10 hand il plainly in.
oluded in the ninth paragraph of the
precept. 1t would seem that IL Com
mauder Heilner should say that the
Texas was In greater danger from the
Brooklyn than from the fire of the,
Spanish feet he would be giving an
opinion on this part of theprecept AS
q matter of fact, that is what he did
SPY, and the point is calculated to tell
against alsSohley. &
On the other hand, Mr. Rayner So
cured from Commander Heller an I'M
qualified statement that the government
chart giving the position OF the United
States and Spanish vessels on July Sd
was incorrect and worthless as owl
dence. As Commander Heiluer was
member of the board, which prepared
the report and the chart, and as he
signed the report, his statement that it
was worthless created surprise. Mr.
Rayner asked him, why he signed the
report and the chart If the latter was
worthless, and he replied that he had
been informed by the president of the
board that they could never come nearer
to solution than they were iii they
sat forever" and he might as we'll
sign it,
the admission of Commander Heilner
that the chart was worthless is a very
serious matter to the defence AS Mr..
Rayner remarked, it was the only
"otficial'' chart they had, and on it
they had based their circulatioAs. To
81
memory OF witness who was one OF
thoaa WIN draw IN the chart snhmitted