The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-10-12
NUMBER 1896.
A TILT WITH CAPT. LBMLY
Mr.. RayneT Offended by the Judge
Advocates Remarks.

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mosphcre at the Court of Enquiry.
The Fact That There Was a Delay
of Thirty-siN Hours i'm Informing
ADMIRAL SchIey That CervcTu Was
Rt Santiago brought Out by Lieu
tenant Stnunt0n's Testimony.
The proceedings Of the Court OF En-
QUiry this morning were enHvoncd 10y sew
eraI personal remarks which passed be
tween the judge advocate and counsel for
Admiral Sch,ey Captain Lemiy accused
Mr. Rayrer of making inaccurate state
ments 90 the Court and 90 this remark
MIR Rayncr took offence lie said that
in all his practice before courts no such
charge had ever hccu made against him
just before the adjournment taken at
o'clock. Mr.. Rayucr brought the matter
directly to the attention of the Court.
for the purpose of exactiug an apology
from the Judge advocate. Captain Lemly
made an explanation, which. while not "a
formal apology. was nevertheless accept
ed as satisfactory.
At another stage of the proceedings
while the judge advocate was reading.
Captain Parker interrupted him 10y calling
out "Lemly," the judge advocate turned
about and showed his resentment by say
ing sharply. Captain LemIy, if you
please"
The principal feature Of the hearing to-
day was the fact which Mr.. Rayner deveI-
oped that, although Admiral Sampson
had been advised by Coloud Allen ON
+ the morning Of May % that Cervera was
in Santiago. he did not send a despatch
by the Hawk TO SchIey informing him Of
this fact until the evening Of May o.
This was also twenty-four hours after
Sampson had received a confirmation Of
the Information. Even then it was dcvoI-
opCd tina. ne had told Schloy to go to
Santiago it, in his Judgment, the Span
iards were not at Cienfuegos.
a further point shown was that Schley
did not receive the positive instructions TO
go to Santiago until June TO- more than
two weeks after ne had arrived there. and
the tenth day after Sampson had reached
Santiago. Captain Chadwick was also on
the stand this morning and testified that
he did not see Despatch No. until May
25. when SchIey had replied to it,
No Recollection of SeaTchIiEhts.
The witnesses Of yesterday were first
called TO make corrections in their testi-
mony. While Lieut. Francis Boughter was
upon the stand reviewing his testimony.
Mr.. Rayner said:
a
for May .. from o'clock until midnight
ind this entry 4 D. m.-American YES
sels continue TO pass by the mouth of the
harbor with their searchlights thrown on
about that2
Al do not remember any display of
searchlights whatever.
Lieutenant Marsh was then called. bur
he had TO material corrections 90 make.
Captain Chadwick Resumes.
Capt F. +. Chadwick. who was upon
the stand when the adjournment was ta-
Ken yesterday, thereupon resumed his tes-
timOny.
AIr. Rayuer made the statement that the
Witness had said in reply to the question
about SampNon.s S congTatuldtory despatch
that he remembered il because ne had
protested against it. Mr. Rayner said
he wanted &c ask two questions bearing
upon this matter. and that they had no
relation 10 any one not connected with
the case. and that he would ask the
Court 10 admit them. He read these ques-
tions:
Q.-When did you find out that Schlcy
was operating under despatch No. S ia
the blockade az CieufuCgOs2
Gid YOU then. in protesting against
the sending OF this cOnEratulatory des-
patch. refer 10 his blockade at Cieufus gos
under despatch No -
Admiral Dewey said he saw no objec-
tion to these questions.
Captain Lemly-We would not object 10
these questions as We think We can clear
up, on crOss-eNa minatiou. the matters
connected with them, which viii show
whether the COmmauder-in-Chief Of the
Flying Squadron was acting under des-
patch No. S-aIOue. independent of any
other instructions. II is not unusual for
a witness, when referring 70 matters
which he remembers. TO say that Il is inn
pressed upon his mind by such and such
n fact which IS cOEtemporaneous with II.
Mr.. Rayuer replied by saving that ne
did not agree that the judge advocate
haG a right TO re-examine the witness
. upon these orders. They stood for them
. selves, and were admitted i'm evidence.
The question IS simply in reference to the
time when Captain Chadwick first knew
OF the existence OF order No. s. he said.
Captain LemIy-That is not the way YOU
put the question
Mr Rayuer-Then I'll put fl that way
When did YOU first ind out the existence
Of despatch No. S.
Captain Lemly-That is a very material
change. and ] protest against reading the
question one way and asking il iu am
other.
Mr.. RayrSr then repeated the question
az he at last formed it, lie said il only
related 10 the time that Captain Chad
wick first learned Of the existence Of de-
spatch No s.
The witness. after asking TO see the de-
spatch and reading IL over. said ne was
informed Of lis purport when il was sent
70 the Marbiehcad. which was 20 convey
II 10 SchIey
Q.-Whon did YOU first read t2
Al Old not read the original despatch
until the answer was returned from
SChley on the Hawk on Nay -f
Odd YOU have the blockade az San
Ii go In II ind when YOU protested against
the sending OF the cougratuiatory des-
patch
Objection to Written Answer.
Captain Chadwick asked TO see the writ
ten question. and then proceeded TO write
his answer. which he started Co read.
Al had in mind
Mr.. Rayner-I must object if the witness
Is reading from a written answer. Tn,
question is one which calls FOR an answer
Of YES or no.
Witnoss-Do YOU ask me whether had
10 only in mindT
Mr- RlyuCT-l mean whether won had
Il in mind at all or not
4 latter dsliheratiugl-T can saw tbot