Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-09-24


ling it, steamed by and permitted her to
go further into the harbor Now,
wouldn't we be justified in not en-
gasing in battle with the Colon and the
shore batteries at Santiago, If Admiral
Sampson took the same course
1 The Judge advocate at this point IN
lterposed an objection. He said: IF the
lcourt please, i object to this line OIL
| argument. 1t does not make one par
| ticle of difference what any one else diu.
| You might as we'll try to prove that
somebody else committed murder ana
say, He committed it and my man is
mot to blame This is not an inquiry
between Admiral Sampson and Admiral
i Schley. 1t is question between Adj
miral Sehley and the moral of the SER
vice, and these comparisons have abso-
Iutely no bearing Npon it, and object
to this ingenious attempt to extend the
scope of this precept."
Mr.. Rayner This is an important
point with us and we are prepared with
| the authorities to maintain it. wish to
show the court that what he did was
under the orders of Admiral Sampson,
and that he did precisely the same
things we did. do not think laduress-
| ing Judge Advocate Lemly) you have
any right to interrupt me in an argu-3
ment.
| The Judge Advocate: an officer
of this court, when / think there is an
| improper argument, deem it my duty
| at any time to interrupt, and the court
must rule upon the fact as to whether y
ana right or not.
Mr.. Rayner: ~ have not concluded.
The court can not decide until I have
concluded"
I'VE propose to prove that when Ad-i
miral Schtey withdrew from the recon-
naissance against the Colon, and did not
come in contact with the shore batter
i les, he didit under general regulation
| of the navy which required 1t of him,
and that Admiral Sampson passed by
| the Colon at thirty minutes after .
o'clock on June ], and saw her lying
/ there and never pretended to attack DO
you mean that we have not any right
! to justify our conduct and our actions
by the conduct of the commandments
chief? You will find you can't keep
Sampson out of this. You can not keep
him constructively from the presence OF
this court You may actually, but not
lconstructively. 1t is impossible. Will
| say to the court that If we are to be ex-
cluded now we are to be excluded In all
our testimony II Admiral Schleyl
comes on the stand and We ask the
question, Were you on your station on
July 80 and he says was there be-
cause Admiral Sampson put me there
i =. os,lrt nc
question because we are putting Adj
miral Sampson into the controversy?
Judge Advocate: "That l did not
say"
After some further sparring, Mr.. Ray
lner withdrew the question, saying that
Jude Wilson wanted to argue 1t before
the court and did not wish to take 1t up
at this time. Judge Wilson said he did
not think this argument should be pre-
cipitated until some point is reached IN
the ease where the court must pass up
on the whole question He stated that
he proposed to show beyond all ques-
tion that Admiral Sampson from first
| to last was not in the fight at all, and
therefore Admiral Schley had thrust up
on him the responsibilities OF this bat
tie. but am not going to argue 1t now.
So venture to suggest that when we
come to q witness that knows some
thing about these things, and We ask
him question that will develop some-
thing in regard to 1t, il the court then
deem proper that will be the best time
to argue it, and IL it suits the conven-
lence of the court and my friend on the
other side and my associates l prefer
to take 1t up then"
The Judge advocate: THAT is per-
fectly satisfactory
Mr.. Hanna: Il wish to say we do not
understand that the question whether
Admiral Sampson was or was not in the
battle of Santiago is before the court.
If 1t is, we shall be happy to investigate
ii. IL the counsel can bring him into
the case fairly, squarely and honestly,
let that be done, and we will join them
in such inquiries as may be necessary
and proper in the pursuit of investiga-
tion. Until that is regularly and squar-
ly done, or until the case takes such an
attitude that it is necessary to make
such an Investigation, II IS idle, 1t IS I'M
proper and inappropriate to introduce
arguments and questions which proceed
upon that false hypothesis
On redirect examination Commander
Heilner said that the squadron had
made no effort to destroy the Spanish
fortifications on the shore at Ctanfue-
pos. He said that but for the delay of
the Texas in the Santiago battle, caused
by the Brooklyn, the Texas would Have
been able to get further in and nearer
the Colon, and ships that were on her
bow would have been broadside on. Mr..
Hanna then asked Commander Heilner:
Irrespective of any map, chart Or any
other publication, how near did the
Brooklyn come to the Texas during the
loop?'
German Ship Shares Fall.
Berlin, Sept. 24.-The decline in ship
ping shares, particularly North German
Iloyd and Hamburg-American. both of
which reached the lowest figures of the
year yesterday, is explained as due not
only to the fear of a restriction if i'm