Evening star., 1901-11-06

testimony this question: Was not the
| whole sit,a tion perfectly new?' Answer of
Commander Sharp: 1T was perfectly new
to u.s. Question: Did not the reconnois-
sance develop the situation?" Answer:
yes"
Mr.. Rayner said that there were other
witnesses on the other side who had testi-
fled the same way. He would, however,
read the testimony. This, he said, was a
very strong point on his side of the case.
THE idea here seems to have been,' he
said, that when you a ship go for it,
no matter what the risk the conse-
quences prove to the American fleet. Is
not the commander entitled to some little
discretion" he asked: "at least as much as
the man who makes battle plans at home
with charts and compasses.'
He then referred to the testimony Of
Lieper. who, he said was one of the de-
partments witnesses, and who, in talking
of this bombardment, said that 1t was sue
cessful. Continuing, he said:
Look at Masons testimony, Graham 8
testimony Harlow's testimony and Captain
F'olgers, the latter of whom, he said, knew
more about the situation than any one else.
All of these testified that the bombardment
developed the batteries"
There was only one witness, he said. who
testified to the contrary. This witness was
Lieut. Bristol. He continued:
THE court will hardly be seriously i'm
pressed with the testimony of Lieutenant
Bristol. Lieutenant Bristol, with great re-
spect for his unbounded wisdom, IS the
| most precocious witness 1 ever encoun .ered.
Every other witness, including admirals
and captains, went down beneath AIS pom
derous blows. His vision was divine in
spiration SeXtantS and stadfmeters. con-
pass bearings. government measurements
and photographic plats were all dim and
obscure in comparison with the miraculous
power of his unaided vision. which lit up
and fllumned the entire harborS of Cien-
fuegos and Santiago with the unerring pre-
cision of the morning sunbeam. Govern
ment experts, with mathematical accuracy,
had measured the heights of Moro Castle
and Socapa battery, but down they went
one hundred feet when they encountered
Bristors miraculous eye. Not only this,
but when he measured range of 5000
yards between an American and Spanish
ship with his naked eye and the actual
range at which the Spanish ship was strucx
was only 1,400 yards his own range never
varied nor yielded an inch, but stood there
as demonstrative evidence that with a
range or 1,4OO yards you can actually strike
a ship that is 1900 yards away"
he Is the only man of all the witnesses"
continued Mr.. Rayner, who have been
heard that knew anything about the Santa
ago batteries, and he had his knowledge
when there was no other knowledge upon
the subject extant."
He said there was little point in the ev1-
dence to which he wished to call attention
here, and that was that another ship of
our squadron was given great credit at an
other time for sustaining the undivided fire
OF these batteries. If these batteries did
iot 10 anything this credit, he SAID
was not deserved. That point however
was not material.
II do not care he said. whether the
batteries were good worthless. This re-
connoissance developed what they were, and
before It was made no knew. There is
one thing you cannot overlook or strike
down. 1t stands up here and illumines the
whole situation. And this thing In this case
is the reconnaissance. 1t radiated and re-
volved around the whole naval orders.''
Conversation at Key West.
Mr.. Rayner then took up the conversa-
tion between Admiral Sampson and Admiral
Schley at Key West, about which Capt
Chadwick had testified. Capt. Chadwick
had testified that the conversation had last
ed about twenty-five minutes, while Admi-
raj Schley had testified that it was in prog
fesS thfee-quarers of an hour; but to
stand by the testimony of Capt Chadwick
on this point, Mr. Rayner said that while
lhe captain testified he was present he
could remember only about thirty words of
the conversation which would take about
thirty seconds to utter.
Mr.. Rayner explained here that he had no
intention of impeaching the veracity of
Capt. Chadwick, but he called attention to
the fact that three years and three months
had elapsed since that event took place and
any man might well fail to remember. How
ever, he wanted to refer here to a well-es-
tablished point of law, and that was that
when two men of reputed veracity We're on
the stand, both testifyng as to a certain
circumstance, one stating that conversa
tlOn took place and the other that it did not
1t was the rule to believe the testimony OF
the man who testified to the fact as in the
case of the first it was simply matter of
memory, while the latter could be imDea CHI
ed for falSehood.
Mr.. Rayner remarked that there was no
one who for moment questioned the ve-
racity of Admiral Schley, who had testified
to what was said in that conversation
admiral Schlev in this baa
testified that they had talked about bonn
bardments and the development Of bat
teries and things of that nature. This was
very natural, he said, as on the 18th day
of May there had been an order received
which was the first order from the depart
ment. which stated positively that COM
manders were not to risk their batteries in
engagements with shore batteries at Ha-
Vana, Santiago. or at any other fortified
port In Cuba That is what they spoke about
ne continued, in that conversation They
also spoke about the Honturia guns, and
Mr. Rayner contended that that testimony
could not be thrown out, as Admiral Schley
could be chargeable with perjury In that
event
Ignorance Regarding FOrtfhcations
Continuing on the subject of the recon-
noissance, counsel asked why it was that
the Colon lay there within range, when she
could easily have slipped her moorings and
gone into the harbor; also why 1t was that
she came down there, If it was not to in
vfte the ships within range of the bat
teries. He said in view of these facts the
movement to develop the batteries was
perfectly justified.
Mr.. Rayner said that the people of the
United States prior to the Spanish war
knew less about the batteries and forts of
the Spanish possessions than they did about
anything else. He remarked that although
ne for six years was a member of the for
elgn affairs committee of the House. he
had no knowledge of the Philippine Islands
until they were struck down. He said that
Admiral Schley was sent to Cuba to discoy-
er these things. but that now he was being
blamed because he had not discovered them
according 70 some one else's plan. Admiral
Schley did not have the magnificent eve of
Bristol. SO that he could tell the height of
bills and the number of batteries located on
them. the size and caliber of the guns and
so forth. without finding out these things
In the only feasible way. He said he had
found out about the batteries, however, by
going In and engaging the Colon, notwitf-
standing his dispatch to the department
that he had gone in for the principal pur-
pose Of sinking the Colon. which word
'principaf' had been used inadvertently
instead of Incidentally by his clerk. and
which. however, he was willing to stand
nv The comma ho .,3a 70