The Montgomery advertiser., 1901-11-02

| court. l want the COuSOtdtiundA kA6ht " argue this case within proper bounds and with great respect to everybody con- cerned, but to make criticisms as they appear proper to me or to make com ment If should find, for instance. that believed witness has not told the truth, I should not hesitate to say so.
 Captain Lemly-That is right. | Not Crossing Bridges.
 Admiral Dewey-There won't be any
 trouble about that When we come to that bridge, we will cross it.
 l Sylvester Scovil was then called as the first witness of the day. He said that while on the press boat Somers N. smith as newspaper Correspondent on May 1 or 28, it came up with the St. Paul, of which Captain Sigsbee was In command. off the shore of Santiago. There was a conversation with Captain sigsbee through the megaphone, and he himself had used the megaphone In conducting I the interview.
 The witness said the Somers N. Smith was about 75 or 100 feet from the St. Paul during the conversation. Give us nearly as you can the words | of that conversation" said Captain Lemly.
 MT. scovil's Testimony.
 We had been gent to find Commodore Schley and the first question was, of course. Where Is Commodore Schleyf | and the answer from Captain Sigsbee l was, You will find him In the Yucatan l Passage and then inasmuch as our boat was very slow, I asked him to advise me whether he thought We could catch 1 Schley if we followed, and he said, yes,
 The second question was. Where Is | CerveraT and in answer to that Captain | Sigsbee did not speak for moment. He l consulted with somebody on the bridge | of the ship and then answered, I am not | sure, but we caught an English collier | frxyan fn Int harhnE l morning. That was all the conversation | remember to have had with Captain | Sigsbee personally. Other men on the boat had some conversation with him. "
 Did Captain Sigsbee at any time dur ing the conversation inform you that the Spanish squadron was not in Santiagoz'
 He did not tell us that the Spaniardss
 were not in there.''
 On cross-examination. Mir. Scovil said
 that he had been at the megaphone
 part of the time. He could not say
 whether others on the press boat had
 talked with Captain Sigsbee.
 Then" asked Mir. Raynor. 'are you | prepared to say on your oath that no one in your boat asked Captain. Sigsbee
 whether cervera was not in the harbor | at Santiago?"
 Tt Is possible" was the reply, that a conversation might have taken place ! with some one else, but as the Smith 1 was a small boat and conversation must necessarily be in loud tone of voice. I think I would have heard 1t if there had been any"
 Are you then prepared to say that the testimony of MT. Hare. in which he said | that Captain Sigsbee had said that the | Spanish fleet were not at Santiago, is | false?"
 Not Prepared to Contradict.
 NO. I am not prepared to say that his statement is false and that no such com l IL. A.rF Tas4r that nothing of the kind was said while l was conducting the conversation and conducted the principal part of it. Mir. Scovil was then excused and number of the witnesses of yesterday were recalled for the purpose of making l corrections in their testimony. While | Captain Eaton of the Resolute was on the stand for this purpose, Captain Len- l ly asked him: (Which way was the Brooklyn heading when you saw her fun nels appear out of the smoke to the southward as you stated yesterday" ?" The witness replied, About southwest,
 as I saw her nearly broadside.
 He also said that when he saw the
 Brooklyn making her turn with com
 parative rapidty." the turn had been
 nearly completed.
 Captain Chadwick, while under recall,
 said in response to a question from MT.
 Raynor that there had been practical
 abrogation by the Navy Department of
 the precautionary orders concerning the bombardment of San Juan. Porto Rico.
 He added that in his opinion there had been a general abrogation Of the order. but MT. Raynor objected to the giving Of | opinions.
 MT. Chadwick was then excused and l Lieutenant John Hood. who commanded the Hawk during the Spanish war. re- | called. He questioned on the point made by Admiral Schley in his testimony | that fhe commandire officer the Iol- phin had filed with the Navy Department a memorandum in which he said, speak | ing of Hoods return from his mission to Commodore Schley, while the latter lay | off Santiago's, Hood says a good many | officers don't believe the Spaniards are there (Cienfuegos) at all, but they can | only surmse.'
 | Judge Advocate I4emly announced that | he had one more witness to call, but said the latter was too i'll to appear. Was Schley CredulousP
 MT. Raynor announced they were not | going to examine any more witnesses except possibly Admiral Schley. In reply l to a question as to what report he had | made on what such a memorandum could have been based the witness replied: T replied to the commanding officer of | the Dolphin that conversed with number of officers and did not believe myself nor did many of the officers be- lieve as far as l could make out, that | there was no reason for believing they were and that I thought Commodore 1 Schley had convinced himself they were l there on very slender grounds" Mir Hanna: Did you or not make any report to the commanding officer of the Dolphin which would warrant the use of language embodied in that memoran- dum?"
 T did make such a report. one war ranting stronger language than that"
 MT. Hanna: How did you get the notes in reference to boarding the Adula?'
 The Simpson Report.
 T never boarded the Adula. l return ed to the flagship Brooklyn after coll lecting the mail under Commodore Schley's orders about Il o'clock. Just as I came on board I met Lieutenant Simpson of the Brooklyn. who had board ed the Adula and had his written report. I asked him to let me see it, as there might be valuable information in it. which he did. I told him then wanted nT paUa EiRhA.N