The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-11-08

| her engines over under $50 tons of coal
a day: also that he could not remain
there very long; that he would nave to
go to Key West"
Had you, as a matter of fact, made
up your mind at that time to go to Key
West?'
ST had not"
Admiral Schley then referred to his
conversation with Admiral Sampson
regarding his instructions about not
bombarding Qualifications as 1offows:
81 ought to mention, in connection with
the talk / had with the admiral, in re-
lation to his instructions about not
bombarding Notifications, that I recall
the fact that he and / were talking
about the guns that were probably
there and I asked him whether he knew
if they were Hontoria of Kfupp guns.
He said: Probably BOTH and that
recalls the circumstance to me. And
again. in relation to the testimony Of
Lieutenant Roys, -"
Judge Advocate: At do not think the
purpose of calling the witness to revise
his testimony is to enable him to con-
tradict witnesses who have been Oh the
stand"
Mr.. Rayner: He can contradict any
witness If we wan him to do 1t. That
is a remarkable statement Your wit
nesses have a right to rebuff ours and
we have not a right to answer them"
The judge advocate: Il lii as
Lieutenant Roys is the only witness
who remains uncontradicted I have nc
objection to make"
Mr.. Rayner: IT think that is a great
mistake. that he is the only witness
uncontraducted. 1 think there are fif-
ty witnesses uncontradicted according
TO my recollection. That is a highly
in.nFanpr rannnrk for tho i1d0a adxyn-
cate to make"
Admiral Dewey: THE court has no
objection to the admiraTs reference to
Lieutenant Roys."
Admiral Schley: 81 merely wanted to
say in connection with Lieutenant
Roys' testimony that 1 heard nothing
of the protest which he speaks of-of
the desire of Lieutenant Switzerland
to coal. 1 am quite sure he is mistaken
about that. because it would have been
impossible that day for that ship to
COAL"
Admiral Schley was finally excused
after a brief cross examination and
Captain Lemly offered a large number
Of documents as evidence.
ADMIRAL SCHLEY'S COMMISSION
Before taking the usual recess for
luncheon. Mr.. Rayner offered in evil
dence the commission of Admiral
Schley and when asked if he had any
objection to it's going in Captain Lemly
replied: None at ALL" but called atten-
ton to the fact hat it was a commits
sion dated August 10, 1883, issued dur
Ing a recess of congress and that the
words nominated by n with the ad-
vice n consent of the senate" were
stricken out. "It will appear OF
course" said Captain Lemly, exactly
as it appears here"
Adnpiro1 nau-au. ssIf 80 x,o1r1oec 80 q.
has not been confirmed by the senate.
1t can go in, but it has no value OF
course"
When the court came in after recess
Admiral Dewey handed to Captain
Lemly n later read the following an
nOuncement:
1.-THE court states that while it has
admitted to its record a document pre-.
sented by counsel for the applicant
which was issued to the applicant by
the president of the United States or
August 10. 1898, the court does not rec
ogniZe such document as the commits
sion under which the applicant holds
his present office in the navy"
HANNA MAKES OPENING SPEECH
Immediately after the reading of this
statement the argument in the case
was begun, Mr.. Hanna, assistant tt
Judge Advocate Lemly opening for the
government. Speaking of the run Of
the flying squadron from Key West tt
Cienfuegos Mr.. Hanna claimed that the
trip was not mad as eXpeditiously as
possible. He cited the fact that the
Iowa, which went by way of Havana
made much better. time.
Mr.. Hanna related the particulars OF
the meeting between Commodore
Schley and Captain McCalla as the
former vas On his way to Cienfuegos
Captain McCalla," he said, did no
know that Commodore Schley was or
his way to Cienfuegos, while Commo.
dore Schley did kno that McCalle
had been there. Under such circum.
stances" he continued, "the ordinary
rules governing the intercourse be.
tween senior and junior officers did moi
| pertain. In that case, the burden o.
calling for information fell upon the
senior officer. Yet it is in evidence thai
the commodore did not request any
thing from Captain McCalla."
The meeting with Captain Chester
of the Cincinnati, also was referred to
and the circumstance, that, nOtwith'
standing he had no information to i'm
part, he was taken aboard the Brooklyn
and the flying squadron detained for al
hour and twenty-five minutes to permit
| a conversation with him o. the par
of the commodore.
Mr.. Hanna read the order of Admira
Sampson to Commodore Schley dated
May 10, 1898, directing the latter tt
| CONTAGIOUS