The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-05

needed. AS to the passing of the Flying
Squadron by the Eagle on the morning of
May 10 and the latter's conveying the
information that there was mo news,
Admiral Schley corrected his testimony
wherein he said that he was not mis-
taken as to this, by stating that he
might have been mistaken.
Admiral Schley also corrected his state
ment regarding his visit to the flagship
New York, when he had made his pre-
liminary report on the battle of July 3
to Admiral Sampson. The record he sair,
did not make the matter quite clear. "The
Admiral said to me-" continued the wit
tant detail, which was to state that the
New York was present"
The witness corrected but one of his
answers to the questions of the court.
This question was as to whether he
should not have communicated with Cap
tain McCalla to secure information
SHOULD HAVE INFORMED HIM.
The answer, as corrected reads: "The
communication which he made to me
through the Eagle. indicated that Captain
McCalla new ] was bound for Cienfuegos
and |, of course, took it for granted if he
had had anything important he would
have notified me of the fact without my
inquiry
AT this point Admiral Schley announced
that he had no more corrections to make.
Captain Parker called the Admirars at
tention to the evidence of Captain Sigs-
bee in which he had said that when he
went on board the Brooklyn the whole
nIy ncti ion co fo,. \, .,1,~ ,l~r
was coal. and nothing but coal and that
Commodore Schley already had made up
his mind to go to Key West.
THAT was not the first question Sigs-
bee asked me at ALL replied Admiral
Schley. II did not say to Captain Sigs-
bee that we were going to Key West,
as the signal will show Sigsbee was
talking on the subject of coal and since
he mentions it | recall the fact that his
statement was that he was commanding
vessel that was one-tenth of mile
long and that she could not turn her en-
gines over 150 tons of coal day; also
that he could not remain there very long,
that he would have to go to Key Vest
Had you, as a matter of fact, made
up your mind at that time to go to Key
West?"
Il had not
LEMLY INTERRUPTS SCHLEY.
Admiral Schlcy then referred to this
conversation with Admiral Sampson re.
garding his instructions about not bonn
harding Notifications as follows Il ought
to mention in connection with the talk
/ had with the Admiral in relation to his
instructions about not bombarding forti-
finat baf 7 l,a fan hat bo nd
j were talking about the guns that were
there and I asked him whether
he knew if they were Hontora or Krupp
guns. He said, Probably BOTH and that
recalls the circumstance to me. And
Lieutenant Roys-.''
Judge Advocate: Il do not think the
purpose of calling the-witness to revise
his testimony is to enable him to con-
tradict witnesses who have been on the
stand
Mr.. Rayner: He can contradict any
witness if We want him to do it, That is
a remarkable statement. Your witnesses
have a right TO rebut ours and we have
not right to answer them
The Judge Advocate II think as Lieu
tenant Roys is the only witness who re-
mains uncontradicted have no objection
to make.
Mr.. Rayner: II think that is a great
mistake. that he is the only witness un-
contradicted. / think there are fifty wit
nesses uncontradicted according 10 my
recollection. That is a highly improper
for the Judge Advocate 20 make
THE COURT TAKES LEMLY DOWN.
Admiral Dewey-''The court has no OBJ
lection to the Admiral's difference to
Lieut.. Rows.
Admiral Schley-"I merely wanted to
say in connection with Lieut. Roys' testi-
mony that l heard nothing of the protest
which he. spoke Of OF fhe desire of
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
Capt. Lemly offered large number of
documents as evidence.
Before taking the usual recess fer
Mr.. Rayne~ offered in evide nee
the commission OF Admiral Schly, and
when asked if 70 hid 7ny Ohio Il :cn 10 It's
going in Captain Lemly replied, None
at ALL but called attention to the fact
that il was commission dated August
10, 1898. issued during a recess of Con-
gress, and that the words Nominated by
and with The advice ard consent of the
Senate" were stricken out 1T will ar-
pear, of course said Captain Lcmly.
exactly as /. appears here
Admiral Dewey-'It is valueless If it
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,
and the latter read the following an
THE court states that
while it has admitted to it's record doc
ument presented by counsel for the ap-
plicant. which was issued to the aopli-
cant by the President of the United
States on August 10, 1898, the court does
not recognize such document as the COM
mission under which the applicant holds
his present office in the navy
HANNA BEGINS ARGUMENT.
Immediately after the reading of this
the argument in the case was
begun, Mr.. Hanna, assistant to Judge Ad-
vocatc Lemly, opening for the Govern
ment. Speaking of the run of the Flying
Squadron from Key West TO Cienfuegos.
aIx, Il a. Al