The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-11-05
SCHLEY CLOSES HIS CASE AND THE
GOVERNMENT REPLIES.
A TILT BETWEEN THE COUNSEL
Mr.. Hanna Objects to the Use of the
Term Prosecutfon-Mr. Rayner De-
MES the Claim of Generous Treat
ment From the Sampson Side-Rul-
fngs of h Court on Questions of Evf-
dence-Former Witnesses Recalled.
Chadwick's Convenient Memory

Washington, October 31.-In the
Schley court of inquiry today a number
of witnesses were introduced by Judge
Advocate Lemly to testify in rebuttal
of the evidence given in Admiral
Schley's behalf. The court decided
early in the day that no witnesses
could be introduced at this stage of the
proceeding to give testimony on imma-
terial points.
This announcement was made in con-
nection with an effort to prove a con
versation on board the Massachusetts
in which Lieutenant Sears, who was
Admiral Schley's flag lieutenant, was
represented to nave said: For Gods
sake don't discourage him meaning
Commodore Schley): it is all that we
have been able to do to work him UP
to this"
1t had the effect of relieving Com
Potts and other officers of the Massa-
chusetts who had been called to testify
concerning this conversation with Mr..
Sears which is said to have occurred on
the Massachusetts before the recon-
noissance of May 31st.
On the other hand the court held tina
it was not bound by the ordinary pro-
ceeding in civil courts as to time when
testimony can be TAKEN, and that wit
nesses might be called or recalled at
any time tor the purpose of making ad-
dit1onS to former statements, but that
none of them could reiterate testimony
previously given. This decision was
rendered upon an objection raised by
Mr.. Rayner to allowing Captain Sigsbee
to give new testimony when called for
rebuttal purposes.
Captain Chadwick In his statement
today said that the precautionary dis
patches from the navy department in
regard to attacking the Spanish shore
batteries had not been communicated to
Commodore Schley. This statement is
regarded of great Importance by Ad-
miral Schley's opponents, as it distinct
ly contradicts the admirars own state
mentS.
SCHLEY'S LAST WITNESS.
Captain T. D. Borden, junior marine
officer on the Brooklyn, gave testimony
corrObOrative of that given by other Of
icers of the Brooklyn. He had seen the
Brooklyn'S loop, of which he said: I'm
the course of the turn l fired gun on
either side, starboard and port. The
smoke was very thick at that time, and
during the turn [ saw no vessels at all,
although l had a plain view out of the
stern ports. l judge l could see about
500 yards distinctly"
In reply TO questions from Mr.. Ray
ner he said he had seen Commodore
Schley three times during the battle
and that his bearing vas Everything
that the officers and crew could have
expected The witness said he fired at
three ships inside of three minute by
a slight change in the range.
As Captain Borden left the stand, Mr..
Rayner said: May it please the court,
we have closed our case This state
ment was made at Ills o'clock a. m. in
such quiet tones that it is doubtful
whether its purport was understood by
half those present.
DOCUMENTS PUT IN EVIDENCE.
Captain Parker put in evidence a
number of documents, including the re-
port of the battle of July 3rd, Admiral
Schley made from Montevideo June
13, 1900. This report never has been
printed. Following is an extract from
it:
I'm my Judgment from an unobstruct-
ed view of the entire field of action dur
ing the combat the ViScaya was not
more thar 1000 yards distant. My flag
lieutenant, standing at my elbow re-
minded me that the distance betWeen
the leaders of the Spanish squadron ana
ourselves was approaching our tactical
diameter. The stadimeter at this In
slant indicated 900 yards. The Brook
lyn then swung to starboard to meet
what proved to be the last OF the at
tempts to ram the Brooklyn, Tor the
Viscaya then turned square 10 star
board and followed the Maria teresa
until the latter's destruction. Ihese
facts admit of no contradiction, 1or
49, hoSa6 1Innn the in69D6n06nI
Judgment and observation OF two or
more persons and Upon the stadlmeter
I'm the hands OF q person skilled IN It's
USE"
TESTIMONY ON REBUTTAL-
Liutenant Grant was then called as
the first witness for rebuttal. Inc
witness was in~terrogated only concern
ing the events of May S1st, especially as
to the conversation in which Lleutenant
Sears was represented as urging that
no obstacles be put in the way OF let
ting the bombardment go on aus
as he was represented to have said, 1t
had peer difficult enough to get the
commodore up to the point OF under
taking it.
Objection was made by Mr.. Rayner
70 the narration of this conversation
Mr. Hanna commended il was admissi-
BILE and Captain Lemly quoted the re-
mark which Lieutenant Sears is alleged
to have made as follows: For Gods
sake don't discourage him Cmeanlng
Commodore Schley); 1t is all that we
have been able to do to work MIN up
to this"
The court sustained Mr.. Rayner's
objection.
Captain Sigsbee was then recalled:
Mr.. Hanna stated that b witness had
been called for the urpoS OF securing
such facts as he might be possessed or
that the court or counsel might want
to elicit from him. This statement
brought Mr.. Rayner to his feet with the
question: you are calling Captain
Sigsbee in rebuttal OF c~ourse?"
Captain Lemly: "I don't call it re-
buttal: we called Captain Sigsbee be-
cause he is wanted to testify"
Apparently Mr.. Rayner was surpris-
ed. He said: Have We the right af-
ter we have closed the case to recall
witnesses except in rebuttal? That
would lead to an interminable case"
Captain Lemly: Counsel is wrong
when he says I closed the case. I did
not close it. I simply said: We rest
- 4nI f,rr%In~ r-ff-