Evening star., 1901-10-12
Counsel Rayner Resents the Judge
Advocates Assertions.
ASCRIBED TO TIE HEAT OF DEBATE
Statement Made Which Admiral
Dewey Says Ends Matter.
ONE SESSION ONLY TODAY


before the schiey court of inquiry today.
He was under cross-examination at the
hands of Mr.. Rayner when the court ad-
journed yesterday, and that gentleman con-
tinued his interrogatories when the court
convened at II O'Clock this morning. Other
witnesses of the day were Lieutenant Sid
ney A Stauntcn, who was Captain Chad
wick's principal assistant and Lieutenant
Nathan c. Twining, who was aboard the
battle ship Iowa officer during the
Santiago campaign.
There was only one session of the court
today, decision having been reached yes
terday to adjourn at 1 o'clock today until
next Monday In order to give the members
of the court and counsel an opportunity for
recreation and recuperation.
Captain Lemly said today that he had
made such progress during the present week
that he expected to be able to conclude the
presentation of the government side of the
case by the close of the session on Mon
day. 1t Is understood that Mr. Rayner
will be prepared to Immediately begin the
Introduction of Admiral Schley's witnesses,
and it is his present intention to press the
case forward as rapidly as possible.
Lieut. Adelbert Althouse, Lieut.. T G.
Dewey. Lieut.. Francis Boughter and Lieut..
Chas. c. Marsh were all called and cor
rected their testimony. Mr.. Hanna, who
has been i'll. was present this morning and
took his usual part in the proceedings.
While Lieut.. Boughter, watch officer of
the Marblehead. was on the stand he was
asked an additional question by Mr. Ray
ner.
The log of the CristobaI Colon" said Mr..
Rayner. ION May 30, from 4 pm. to mid
night. states: The American vessels con-
tinuing to pass by the mouth of the har-
Dor with their search lights thrown on the
coast What is your recollection about
that?"
Il do not remember any display of search
lights whatever he replied.
Capt. Chadwick Resumes.
Capt. F. E. Chadwick, now president of
the Naval War College and during the re-
cent war with Spain in command of the
New York and chief of staff to Admiral
Sampson, was again called on the stand,
and his cross-examinatiOn by Mr.. Rayner,
which was in progress when the court ad-
tourned yesterday afternoon, resumed.
Mr.. Rayner referred to the congratulatory
dispatch of Admiral Sampson to Commo-
dore Schley, in which the former congratu-
lated the commodore on the kind of block
ade he was maintaining.
Mr.. Rayner explained that the two oues-
tions he asked the witness yesterday after
noon We're overruled by the court and he
had not the time then to argue them be-
fore adjournment. He read Capt Chad
wicks testimony in regard to his having
said that he protested against the com
manding officer of the North Atlantic
squadron congratulating Commodore
He wanted TO know whether the witness in
his protest referred to the blockade of Glen
fuegos. He wanted to know when the
the witness first learned that Commodore
Schley was operating under dispatch No.
= from Admiral Sampson This is the dis
patch dated May 81, written from Key
West, saying that the Spanish squadron
was probably at Santiago, and that If Com
modore Schley was satisfied that 1t was
not at Cienfuegos he should proceed with
an dispatch, but cautiously, to Santiago.
Admiral Dewey said that the court had
no objection to the question, but the judge
advocate promptly stated that while he
would not object to that question, he
afternoon, in referring to his protest
against the congratulatory dispatch, was
1usuhed IN SO doing because 1t was usual
10 permit witness to refer to matters
which he remembered and which impressed
themselves upon his mind in connection with
another fact contempooraneous with them.
he wanted, when Mr.. Rayner had asked
his questions, to be allowed to re-examine
the witness Mr.. Rayner said that he
could not agree that the Judge advocate
had TINS right to re-examine as to what
order Commodore Schley was acting under
The question Of the orders he was acting
under was In testimony, and one witness
mad even been allowed to state verbal or
ders. The question that he had to ask
was simply IN reference to when CAPTAIN
Chadwick first knew of Commodore Schley
acting under order No. s. That question
the judge advocate again desired TO open
up.
First Knowledge of Dispatch 8.
Q. tBy Mr.. Rayner) When did you find
out that Commodore Schley-
The Judge advocate Gnterrupting): That
Is different"
Mr. Rayner: When did you first find
out the existence of the dispatch?" Ad-
dressing the judge advocate. II am chang
Ing this question, you see
Mr. Rayner then put his question in the
following form:
Q. (By Mr.. Rayner) When did you first
learn of the existence of dispatch No s?
that"
Mr.. Hanna interrupted to say that he
could not allow counsel to ask questions
and then shut his side off from following
IN the same line II they should see fit to
do so.
Mr.. Rayner again repeated the question
In the form in which he had last asked it.
The witness said he would like to look at
that dispatch. and the appendix containing
It was handed TO him for his inspection.
Il was Informed of its purport.'' he said
''at the time it was sent to the Marble
head"
Q. CBy Mr.. Rayner): Did you see IT when
II was sent? A. did not read it. I did
not read it until the answer was received
from Commodore Schley by the Hawk
O. l ask II that was May 26 when
you were between Havana and Cape Fran
els? A. Yes. sir.
q. Did you then, In protesting against
the sending of this congratulatory dispatch
refer TO the blockade of Cienfuegos? Did
you have the blockade of Cienfuegos in
mind when you protested against the send
ing of the cougratulatory dispatch?
Captain Chadwick took paper and pencil
and began writing being so occupied for
several minutes. at which time he indicated
his readiness to reply to this last ques-
tion.
Mr. Rayner promptly objected to having
the witness read from a written answer.
He said his question called for an answer
yes" or no" He said he would, of
course. make that answer. and the expla-
nation might come after that.
Il should have the right" said Mr.. Ray
ner, to look at that written answer be-
1ore II Is read because ii may be object
ionaole. Suppose he did protest, how does
tnat anect the case7 / should like to see
that answer which the witness has written
before 1t is introduced as evidence and be-
fore any further answer Is made / wsuic
IKE the witness to merely answer my ques-
ton"
The Judge advocate and Mr.. Hanna held