The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-10-23
Leads all North Carolina Daies i'm News and Circulation

before the examination had gone far it
was objected to by Captain Lemly. Were
you" asked Mr. Rayner present at any
conversation between Captain Evans and
Commodore Schley?"
Yes, sir, in the Commodore's cabin on
the Brooklyn on July 5th," MIR. Graham
responded.
SCHLEY DEFENDS PHILIP.
when Evans came in the first thing
he said was, 'Schley. did you see Jack
Philip run away with the Texas? and
Commodore Schley said, No, neither did
you. "
Admiral Dewey addressing COUNSEL:
Zone moment. Poor Philip is not present
you know"
Mr.. Rayner: "That has gone in in Cap
tain Evans testimony"
Captain Lemly: ''In cross examina
tion something in regard to it has gone
in l cannot see what bearing 1t has
Mr.. Rayner: I'VE do not want to prove
anything about what Captain Philip said.
This is a conversation in which Commo-
dore Schley was present"
Captain Lemly: You propose to con-
tradict what you drewiout in cross exam
ination?"
Mr.. Rayner: "Why, of course"
After some further argument the court
retired for the consideration of the point
raised. After being out for twenty min
utes the members returned and Admiral
Dewey announced the decision in the fol-
lowing terms: "The court decides that
the questions intended to impugn the
credibility of witness; intended to prove
any point regarding the movements of the
Brooklyn during the battle of July 3; in
tended to prove any statements made by
Commodore Schley or conversations held
with Commodore Schley, which shave a
material bearing upon the matters desig-
mated by the precept, are admissible, pro-
vided such conversations or statements
occurred in the presence of and within
the hearing of the witness.
Mr.. Rayner then repeated his question,
asking him to repeat the conversation,
which Mr.. Graham did as follows: Capt.
Evans came into the cabin. / sat at Il
round table in the center. Commodore
Schley got up ad shook hands with Capt
Evans and the latter said: 'Schley, did
you see Philip turn around and run out
OF the fight?' The Commodore said, NO
neither did you He did not run out of
the fight Capt. Evans said, oh: yes he
did, / saw him Capt. Evans said he
vas in the next ship AMI saw him. The
commodore said it was not the Texas at
all The Teas was in tho fight all the
time. The ship you saw turn around was
he BROOKLYN. "
THE AFTERNOON SESSION.
When the court began its afternoon
session Mr. FasneRa said that he had no
more questions to ask Mr.. Graham, and
Capt Lemly announced that he had none
Mr.. Graham said in reply 20 questions by
the court that during the conversation
between Capt. Sigsbee and Commodore
Schley the squadron had been heading to-
ward Santiago and that during the battle
, OF Santiago he had heard no conversa-
tion between the Commodore and Lieut..
Fodgson.
Dennis j. Cronin orderly to Commo-
/ dore Schley, testified that he was present
when Capt Sigsbee came aboard the
/ Brooklyn May 26. "'I heard the Com
modore ask Capt. Sigsbee something
/ could not understand said the witness,
"and l heard the captain answer, The
anish flee is not in thore.'
''Did you see Commodore Schley at amy
| time during the battle?"
Eyes, sir. ! saw him when he was
standing down near the coming tower
and then again on the forward bridge
What was his manner?''
HIS MANNER INSPIRING.
"His manner was such as inspired the
men under him with courage
Lieutenant Commander William Il.
Rush, watch and division officer, who had
charge of the after division of guns on
the spar deck of the Brooklyn. was first
questioned concerning the blockade of
Cienfuegos and said tina: the SURF there
would have been pretty lively for fOat
to land in"
The witness said that on the day of the
battle of Santiago he had been in tie
after turrer. lie described the Erook-
lyu's loop and told of The Viscaya turn
ms toward the Brooklyn.
Speaking of the Cienfuegos blockade.
Commander Rusn said ne did not reineri-
Der any particular order or formation and
that the ships we're in tolLmn. Az San
tiago the distance out was less at right
than in the day. He could distinguish at
night the general outline of the hills
against the sky the harbor entrance and
the little bay He also could, at times,
see the picket boats which were cruising
on the inside. The witness said he mad
never seen any wcitten general orders
for battle N case the enemy should come
out 1--WE were in formation and steam
ing" said, and presumed TO &c in bat
tie formation"
MEANT TO RAM THE BROOKLYN.
In reply to questions by the court the
witness said he was inclined to think
that the Viscaya had meant to ram the
Brooklyn.
Lieut.. Commander Rush was succeed
ed on the stand by Lieut.. Edward
Simpson, who was also a watch officer
on the BROOKLYN.
Lieutenant Simpson place the distance
of the fleet from Santiago harbor at six
miles, saying it was about the same both
day and night He said that Commodore
schley had given general order before
starting on the campaign that all lights
should be concealed at night.
OFTEN CHEERED THE MEN.
Lieutenant Simpson had occupied a
position in the forward turret when the
hoft1 10 rf V,.1,x