The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-11-05
ARGUMENTS ARE BEGUN
IN THE SCHLEY CASE
Continued from Page u

purpose OF calling the witness TO re-
wise his testimony is TO enable him to
contradict witnesses who have been on
on the stand.
Mr.. Raynor-Fe can contradict any
witness if we " mt him to do it. That
is d remarkable statement. Your wit
nesses have a Fight to rebUt ours, and
we have not a right to answer them?
Mr. Reyes was an entirely new wit
ness. and he testified to something new.
1 asked the question if we would have
the right to call up witness to con-
tredict new witnesses, and the court
says of course we would. otherwise we
would be barred out entirely.
The Judge Advocate think as Lieu
tenant Reyes is the only witness who
remained uncOntTadicted, l have no
objection to make.
Mr. Raynor-I think that is a great
mistake that he is the only witness
luncontradicted. I think there are fifty
/ witnesses uncontradicted, according to
my recollection. That is q highly i'm
| proper remark for the judge advocate
1 to make.
The Judge Advocate-If the court
! please, 1 am to be corrected by the
court only, and not by counsel, VINO
/ has frequently attempted it.
Mr. Raynor-I suggest, may it please
/ the court that during the trial of this
| case il is highly improper and objec-
tiOnable for the judge advocate TO say
: that this is the only witness that is I'M
/ eontradicted. It is Objectionable be-
| cause it is not a fact. That remark
/ means TO say that Commodore Schley
! has contradicted every witness on the
stand. 1t is highly improper, highly OBJ
| jectiouable.
/ Admiral Dewey-The court has no
objection to the admirars reference to
Lieutenant Reyes.
Heard No Protest.
Admiral Schley-I merely wanted to
| say in connection with Lieutenant
! Reyes testimony that 1 heard nothing
/ of the protest which he speaks Of-of
! the desire of Lieutenant Sutherland to
] coal. / am quite sure he is mistaken
about that, because il would have been
! impossible that day for the ship to
Goa!
! Admiral Schley was then finally ex-
/ cused, and Captain Lemly offered a
! large number of documents as evil
! dence. The report Of Captain Good
rich on cable cutting was objected TO,
and Captain LemIy withdrew it. Among
/ this documentary evidence was a letter
of the secretary of the navy TO the
president of the senate dated Feb. 6,
1888. in response to the senate resOlu-
| ton of January %, 1899, submitting
/ facts and military records affecting the
J proposal that certain officers in the
navy be advanced according to the
nominations sent to the senate on Dec.
| Z, 1898.
The proposition of Captain Lemly
to introduce this letter as evidence oc-
casioned considerable discussion. Mr..
/ Raynor Directing to any ex parte state
ments being made part Of the record,
1t was finally decided that the letter
should not go into the printed record in
the case, but that it may be referred
to in the course Of argument.
Captain Parker stated that there
were two letters among this docu-
mentary evidence, one of them being
a criticism Of the conduct Of Admiral
Schley by Admiral Sampson.
we object" he said, unless we can
bring Admiral Sampson to the stand.
Captain Lemly said he challenged
him to produce that letter from Ad-
miraI Sampson. This Captain Parker
did. but Captain Lemly stated that it
| was not embraced in that part Of the
documentary evidence he desired to in
/ troduce.
Before taking the usual recess for
luncheon, Mr.. Raynor offered in evil
dence the commission of Admiral
Schley, and when asked if he had any
objection to its going in, Captain Lem
" replied, None at ALL" but called at
tentiOn to the fact that it was com
mission dated Aug. TO- 1899, issued dur
ing a recess Of congress, and that the
words nominated by and with the ad-
vice and consent Of the senate" were
stricken out. 1t viii appear said
Captain Lemly, "of course, exactly a:
it appears here"
Captain Parker-This commission
was issued under the law that author
lied it for gallant conduct in battle.
In reply to a question by Admlra
p Dewey, Captain Lemly said: 1t i!
signed by the president. 1t was a re-
cess appointment, but the court vii
remember none of those ad l-terim ap
| pOintments was confirmed by the sen
ate.'
Admiral Dewey-It is valueless if
has not been confirmed by the senate
It can 20 in. but il has no value, o
course.
At this point the court took a recess
until > o'clock. When the court con
vened after recess Admiral Dewe!
handed to Captain Lemly, and the lat
ter read the following announcement
''The court states that while II ha
admitted TO its records the dOcumen
presented by counsel for the applican
p which was issued to the applicant b,
j the president Of the United States OF
[ Aug. 10. 1898, the court does not recOg
: nize such document as the commission
: under which the applicant holds hi
. present office in the navy"
Arguments Begun.
Immediately after the reading Of thi
% statement the argument in the cas-
B. was begun, =. p. Hanna, assistant Z
s Judge Advocate Lemly, opening for tn
government. Mr.. Hanna began his pre-
sentation of the case by referring {
b the fact that in May. 1898, the cOas
Of the United States was menaced b.
the Spanish fleet This, he says, was
critical time. The seaboard cities wer
f / exposed to attack. Military operation
y We're pending for the relief Of Havana
= but they could not be carried out Will
y the whereabouts Of the Spanish flee
Q / was unknown.
c Mr.. Hanna told of the arrival Of tn
fving squadron at Key West, and rea
a number of preliminary orders f
Commodore Schley. Speaking of tn
(. run of the flying squadron from he
: West TO CienfuegOs Mr.. Ham
r. claimed that the trip was not made a
il exueditiorsIy as possible. He cited til
e fact that the Iowa, which went by wa
p of Havana. made much better time.
Continuing, Mr.. Hanna related th
particulars of the meeting betwee
g Commodore SchIey and Captain Nc
a Gala as the former was on his way t
j. CienfuegCs.
5 .Cantain McCalIa." he said. "did no