The age-herald., 1901-11-01
Rayner Wants Sigsbee's EVi- denCe Confined to Rebutta|,
 Dewey Rules Otherwise RESENTS WORD PERSECUTION
Mir. Hanna Says Use of the Word as Applied to the Investigation Is Outrageous and Un-
 warranted.

court or inquiry today number or wit nesses were introduced by Judge Advo- cate Lemly to testify in rebuttal of the evidence Given in Admiral Schleys be- half. The court decided early in the day that no witnesses could be introduced at this stake of the proceeding to give tes- timony on material points. Testimony was made in connection with an effort to prove conversation on board of the Massachusetts in which Lieutenant Sears. who was Admiral Schley's flag lieutenant, was to have said:
 For Gods sake don't discourage him (meaning Commodore Schley); it is all that we have been able to do to work him up to this" referring to the recon noissance of May S1.
 The witnesses called in rebuttal were:
 Capt. Charles D. Sigsbee. Capt. Francis F. Chadwick, Capt. Joseph G. L. Eaton, Lieut.. John H. Roys and Chief Quarter master Neil and Anderson, all of whom testified to incidents connected with the campaign of 1898.
 Captain Chadwick said the precaution- ary dispatches from the navy depart ment in regard to attacking the Spanish shore batteries had not been communi- cated to Commodore Schley. This state ment is regarded as of great importance by Admiral schley's opponents as 1t dis tinctly contradicts the admiral's own statements.
 Captain Sigsbee testified concerning his interview on the Brooklyn with Commo- dore Schley. Lieutenant Roys served on board the Eagle. and his statement bore upon the Eagles meeting with the Brook lyn when the latter was enroute to Glen fuegos, and again while the flagship lay off that port He stated that Lieutenant Commander Southerland had asked not to be sent to Port Antonio for coal, and had asked to be allowed to coal from the Merrimac. Mr., Anderson was chief quartermaster of the Brooklyn during the Spanish war, and was at the wheel during the battle of July B. He said that Commodore Schley had given the order of hard aport," but that when the order was given the vessel was then hard aport..
 Before these witnesses were introduced for the department the court heard Capt. T. S. Borden of the marine corps, who served on the Brooklyn, in Admiral Schleys behalf. He was the last of the admiral's witnesses, and he testified that the admiral had borne himself honorably during the battle of July 3.
 SchIey's Last Witness.
 The first new witness was Captain Bor- den who said he had been junior marine officer on the Brooklyn and he stated that the distance of the blockading line from the entrance to the harbor at San tiago was not exceeding four and half miles. He said he had seen picket boats at night during Commodore Schley's com mand. The vessels had steamed about four and half miles back and forth at night.
 In reply to questions from MT. Rayner he said he had seen Commodore Schley three times during the battle and that his bearing was everything that officers and crew could have expected The wit ness then related other incidents of the battle, saying:
 The most vivid feature of the battle in my recollection just after the Brook lyn had made her turn. I had relieved the gun captain in charge of the star board six-pounder gun and I fired at three ships inside of three minutes by slight change in train. At that time could see no other American ship
 On cross ss-examination the fact was brought out that during the turn Captain
 
 the stern of the ship and had not been able to see ahead.
 Captain Borden was then excused, and as he left the stand Mir. Rayner said he would have no more witnesses to call. He said: May 1t please the court we have closed our case"
 This statement was made at Il 15 a. m, and the statement was made in such quiet tones that 1t Is doubtful whether it's purport was understood by half those present.
 Lieutenant Grant In Rebuttal.
 Lieut. enant Grant was then called as the first witness for rebuttal.
 The witness was interrogated concern ing the events of May 31, when Commo- dore Schley went aboard the Massachu- setts for the purpose of making a recon noissance and bombarding the Colon, es- pecially to the conversation in which lieutenant Sears, flag lieutenant of the Brooklyn, who accompanied Commodore Schley on this occasion. in which the lieutenant was represented as urging that no obstacles be put in the way of tting the bombardment go on because 1t would be difficult enough to get the commodore up to the point of under taking it.
 q want you to state what the conver- sation was in the stateroom of the nav- igator."
 At this point the testimony was brought to a sudden stop by an emphatic remark by Mir. Rayner:
 T object"
 Addressing the court, MT. Rayner made vigorous speech, charging that the con versation in the ward room of the Mas sachusetts was immaterial to the case; that it was irrelevant to the issue, and that as Admiral Schley was not present, the conversation was clearly inadmissi- ble If this talk could be permitted any remark made by Lieutenant Sears at any other place could be introduced.
 MT. Rayner quoted several authorities in support of his cont ention.
 MT. Hanna contended that the testf- mony was material and therefore under MT. Rayners own authority admissible.
 Sears Alleged Remark.
 Following MT. Hanna, Captain Lemlv quoted the remark which Lieutenant Sears is alleged to have made as foi- lows:
 For Gods sake. don't discourage him