Evening star., 1901-10-31
THEIR CASE CLOSED
Continued from First Page)

tain constitutional rights which you cannot
take away from him. He cannot be called
up to testify again to these conversations
unless he has omitted something He was
asked whether he had megaphoned a mes
sage to the Sommers NJ. Smith, the press
boat, and he replied to questions put to him.
He cannot be called up again after he has
stated the communication he had unless
there be some mistake to correct
Mr. Rayner then referred TO the nature of
the testimony that had occurred relating to
the megaphone message between the Som
mers VI. Smith and Capt. Sigsbee, to which
Mr.. Hare. the photographer also testified,
giving different version of the megaphone
communication.
HE can say" said Mr.. Rayner referring
to the witness on the stand, " Il made a
mistake; want to modify But you can
not bring up witnesses to fortify your testi-
mony. The result of such action would be
that would bring up witnesses to CONTRA
dict your witnesses and you could bring up
witnesses to contradict our witnesses and
so it would go on.
Mr. Rayner. taking up law book, pro-
ceeded to quote authorities to sustain MS
contention. Iemarking: Il read from my
brothers books" referring to the judge
advocate. He cannot object to my read
ing from his books"
'If you read correctly retorted the
Judge advocate.
You don't mean to say I read incorrect
ly?' said Mr. Rayner, and there was nc
response.
AS he proceeded to read the judge ad-
vocate called his attention to the title OF
read. Law of Evidence in Criminal Cases.
That has an important bearing" SAID
the judge advocate.
There Is not the slightest line of demar-
kation between the law in criminal and
civil cases. l never heard of such demar-
katiOn. This is a book criminal law,
but there is no law of evidence far as
evidence goes into the case that is applied
to criminal cases alone. There certain
kinds of evidence that you can get in
criminal cases and you cannot get in other
cases, but this law of rebuttaI does not
differ in the two classes of cases"
The Judge Advocates Reply.
Mr.. Rayner gave his argument at very |
considerable length, after which the Judge |
advocate got up and stoutly maintained:
There is nothing in all that that affects |
this case"
This argument is technical" said the
Judge advocate. Il will not call 1t spe-
cious- 1 will not call it instructive. The |
case is whether not the applicant and |
his counsel desire to get at the bottom |
facts in this case
Mr.. Rayner retorted that the judge ad- |
yocate should not call his argument spe
cious when he did not answer it.
Mr. Hanna addressed the court and said
that he had had conversation with coun- |
sci and told him he had few witnesses in
rebuttal, and said he supposed he would be
liberal in dealing with questions that might |
arise in matters of rebuttal and not raise |
any technical objections, to which he
agreed.
Mr.. Rayner said he was sorry that was
not correct. except so far as it related to
questions in rebuttal.
Il said that you should not bring any
witnesses with reference to new matter |
that We should object to that"
Mr.. Hanna's Statement
Mr.. Hanna said he would not discuss the
conversation further, if it was denied and |
he insisted upon the right of the court to |
govern itself outside the more strict rulings |
of the civil courts. He referred to the re- /
marks Of Mr.. Rayner regarding the pro- |
ceeding being a prosecution, and said that |
he was obliged to say a word or two on |
that point.
If this proceeding he said, ''in any |
form or way resembles a prosecution 1t has |
been due to the action of the applicant and |
his counsel. We have allowed every tech |
nlcal objection to pass in generous consid- |
Grafton for the applicant. That is gener- |
oslty- 1t Is not prosecution. Everything |
that the law has devised to screen and pro- |
tect a man has been allowed to come in |
here before this court of inquiry and to |
be interposed between this court and the |
Introduction of evidence before It, If this |
court has chosen to be bound by rules of |
law, that Is It's right, but it does not fol- |
low that court of inquiry is bound by |
technical rules 1t may summon witnesses
IN any order II chooses. 1t is outrageous |
and unwarranted that this statement should |
have been made"
Continuing, Mr.. Hanna said that by pri-
sides. new matter had been brought into |
the cross-examiEation, and contended that |
the same principle applied to the present |
case But We want to say in these mat
ters that We wish to introduce only such |
evidence here as the court wants to re- |
ceive II the court does not want to hear |
Captain Sigsbee, let IL so rule
Captain Sigsbee interrupted here: IF the |
court please, 1 would like to say a word |
TO the court"
He was stopped Immediately by Admiral |
Dewey hfS ban M
head. ~
Mr.. Rayner replied to Mr. Hanna, saying: |
we are not asking any generosity and |
consideration" He said the court was to |
decide the general principle; no question |
mad been asked Captain Sigsbee as yet If |
captain Sigsbee was to be admitted, there |
would doubtless arise questions which the |
court would have to decide as to admitting
1t was general principle which was row |
TO De decided upon, whether the prosecution |
could reopen the case. He read the naval |
regulations governing courts-martial which
he stated, applied also to proceedings of
the nature of the present one.
AT ten minutes to l o'clock the court an
nounced. recess until o'clock to decide |
the question.
Statements Not to BE Repeated.
When the court assembled at o'clock |
Admiral Dewey announced the decision of |
the court on the pending question prefac-
ing II by the statement that Admiral |
Schley had requested the department IN |
take such action as would bring under dis |
cussion certain criticisms made upon him by !
his brother officers In arms and that an in
Quiry had been ordered by the department |
with instructions to the court to thoroughly |
inquire INTO all circumstances and directing |
It's attention TO certain important points /
ana then concluded: Witnesses NAV be |
called at any time, they may be re- |
called to make corrections or additions In |
the nature of corrections to their testimony
that the facts of the case may, II POSSIBLE
De placed clearly before the court but no |
witnesses shall repeat former statements"
Ihe judge advocate then called for Can
tain SiSsbee to take the stand As soon
as the witness had done so, the latter mart
or the decision was read to him by the
judge advocate and he was asked if he had |
any corrections to make under the ruling.
capt Sigsbee; Il have carefully now
since my last testimony gone over all nv
ofnciaI documents and all of my private
letters, and / have no correction to make
In the testimony that i then gave so far
as II was given, excepting that / said that
i could not recollect whether there was