The news & observer., 1901-11-01
DO NOT EXPOSE THE SHIPS
This Message as to Shore Batteries
Not Given Schley.
so CAPTAIN CHADWICK NOW ASSERTS
The Opponents Of the Admiral Regard It as
Very important Testimony on I'm
materia! Points is Barred by
the Court.
(By the Associated Press.)

(By the Associated Press.)
Washington, d. c., Oct. 31.-In the
Schley Court of Inquiry today number
of witnesses were introduced by Judge
Advocate Lemly to testify in rebuttal of
the evidence given in Admiral Schley's
behalf.
The court decided early in the day that
no witnesses could be introduced at this
stage Of the proceedings to give testi-
nouacement was made in connection
with an effort to prove conversation
on hoard the Massachusetts in which
Lieut.. Sears, who was Admiral Schleys
Flag Lieutenant, was represented to
have said: For Gods sake don't dis
courage him meaning Commodore
Schley); it is all that we have been able
to do to work him up to this 1t had
the effect of relieving Lieutenant-C COM
manGer Grant, Lieutenant-C Commander
Potts and other officers of the Massa-
chusetts who had been called to testify
concerning this conversation with Mr..
Sears, which is said to have occurred on
the Massachusetts just before the re-
connoissance of May 81.
On the other hand the court held that
it was not bound by the ordinary pro-
ceedings in civil courts, as to the time
when testimony can be taken, and that
witnesses might be called recalled at
eny time for the purpose of making ad-
ditions to former statements, but that
none of them could reiterate testimony
pre- eyiously given. This decision was rem
dered upon an objection raised by Mr..
Rayner to allowing Captain Sigsbee to
give new testimony when called as a
witness for rebuttal purposes.
HE .CONTRADICTS SCHLEY.
Captain Chadwick in his statement to-
day said that the precautionary dis
patches from the Navy Department in
regard to attacking the Spanish shore
batteries had not been communicated to
Commodore Schley. This statement is
regarded as OF great Importance by Ad
miral Schley's opponents, as it distinct
ly eontradicts the Admirals own state
ments.
Captain T. d. Borden, Junior marine
officer on the Brooklyn, gave testimony
corroborative of that given by other Of
ficcrs Of the Brooklyn. He had seen the
BrooklynS loop, of which he said: I'm
the course of the turn / fired guns on
either side, starboard and port smoke
was very thick at that time and during
the turn l saw no vessels at all. al
though / had plain view out of the stern
ports l judge / could see about 500
yards distinctly"
In reply to questions from Mr. Rayner
he said he had seen Commodore Schley
three times during the battle and that
his Learing was everything that the Of
ficers and crew could have expected
The witness said that he fired at three
ships inside of three minutes by slight
change in tho train.
THE CASE FOR SCHLEY CLOSED.
AS Captain Borden left the stand Mr..
Rayner said May it please the court,
we have closed our case
This statement was made at Ills a.
NJ, in such quiet tones that it is doubt
ful whether its purport was understood
by half those present.
Captain Parker put in evidence num-
Der of documents, including the report
of the battle of July 3, Admiral Schey
made from Montevideo, June 13, 1900. This
report never has been printed. Following
is an extract from it:
"In my judgment from an unobstructed
view of the entire field of action during
the combat the Viscaya was not more
than LOCO yards distant. My flag lieu
tenant standing at my elbow, reminded
me that the distance between the leaders
of the Spanish squadron and ourselves
was approaching our tactical diameter.
The stadimeter at this instant indicated
900 yards. The Broolyn then swung to
starEoard to meet what proved to be the
last of the attempts TO ram the Brooklyn,
for the viscaya then turned square to
starboard and followed the Maria Teresa
until the latter's destruction. These facts
admit of no contradiction, for they are
based upon the independent judgment and
observation of two or more persons, and
upon the stadimeter in the hands OF a
person skilled in its USE.
FIRST WITNESS FOR REBUTTAL.
Lieutenant Grant was then called as the
FIRST witness for rebuttal. The witness
was interrogated only concerning the
events of May 81 especially as to the con-
yarsation in which Lieutenant Sears was
represented as urging that no obstacles
he put in the way Of letting the lombard
ment go on, because as he was represen-
ted to have said, it had been difficult
enough to get the Commodore up to the
point OF undertaking it,
Objection was made by Mr.. Ra- ncr to