Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-10-14
APOLOGY ASKED.
Rayner Takes Offence at
LemIy's Manner and Words.
lemIy Denies lntentto Offend, Which
Court Decides Is Sufficient.
Capt Chadwick and Lieut.. Stauntcn on Stand
at Saturdays Session.

Washington, oct. ia somewhat
exciting incident occurred at the
Schley inquiry, Saturday morning
Judge Advocate Lcmly and Mr.. Ray
ner being the chief participants. When
Lieutenant Commander Staunton was
excused Mr. Rayner asked leave to
present as evidence a supplementary
chart prepared by Lieut.. Dyson of the
bureau Of steam engineering. showing
the speed of the vessels Of the flying
squadron. Capt. Lemly objected. on
the ground that this evidence was not
pertinent at this stage OF the proceed
ings. He said he had a witness to pre-
sent and wished 10 proceed with the
taking Of verbal testimony.
Admiral Dewey-The witness can
come down. Monday. Unless there is
some reason Why il should not 60 in
now it is courtesy due to the coun-
sci. What objection is there? We want
TO know the objection.
Mr.. Rayner here undertook to read
a document accompanying the chart.
when Capt. Lemly, rising. addressed
the court, saying with reference to Ar.
I;ayner: He is not accurate in his
statements. if the court please. On
the contrary. he is very Inaccurate. He
holds a paper before him ana rea Is
what is not on that paper. He has re-
peatedly done it,
There was ripple Of laughter
through the room when this state
ment was made. and some persons in
side the railing joined in ii. Mr.. Ray
~
If he states that outside the court
will say it is false
Capt Lemly-"If he states that out
side the court it is another matter but
if he states il in the court It is highly
improper.
While counsel Were still talking back
and forth at each other Admiral Dewey
arose and administered the oath to the
next witness, Lieut.. Nathan G. Twin
ing, formerly of the battleship Iowa.
His testimony covered points already
brought out to the siege of Cienfuegos
and the bombardment Of the CristObal
colon on May 81.
When Lieut. Twiring had concluded
ana the court was about to adjourn.
Mr. Rayner arose, and, addressing the
attention of the court to what ! con-
slider n very disagreeable attack Of the
judge advocate. | have conducted my
self with the utmost degree of courtesy
and politeness. 1t has not occurred
once. but over and over again. in this
case. The least little objection that
comes in brings in the most irritable
humor possible on his part.
All | ask is this: He made a state
ment. this morning. which reflected on
me-that We read things to the court
that did not exist. and did not read
things that did exist. Any man with
any degree Of sensibility would object
to that. ana do not think my brother
wants that statement 10 80 to the
court They have tried the case i'm
partially and fairly. There has been
no statement about their trial of the
case at all. but when I have read a
report. not thinking the last part
would bear on the case, the point was
made that I did not read the whole of
it. These things are very objection
able to Admiral Schley and myself.
and I think the gentleman owes us a
statement in regard to that
Capt Lemly-"1f the court please. ]
have to stand unon the record in this
matter was not my intention to be
offensive, and when counsel speaks of
nv temper I must say to him: Neigh !
Dor. remove the beam from your own
eve before you attempt to take the |
mote ont of my own I referred more !
this morning. to the mat |
ter Of the written question which he |
presented and then read the question |
without any intention of p,
irving offence, but in the earnestness !
Of debate"
Admiral Dewev-"I think that ought
10 be enough. The statement of the a.,
Judge advocate should be enough. The |
court understands that the Judge ad- |
rocate had no intention Of wounding |,
he feelings Of either of you, and the |
curt now adjourns."
Continued on page 81