The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-10-31
TO ADMIT NEW EVIDENCE.
The SChley Court Rule, i'm Favor
Of Captain Lemly.


the RecnIIinE Of WitncSS"s-AIIc=-
cd Wordroom Conversation RuI-
ed Dut ON Nr. igayncr'> Objection.
Arguments by Counsel ON Legal
Aspect ara NAVAL Cu>tonr-CHptaiu
Sissbcc again ON the stand.
Th. major portion OF the maraing ses-
sion of the Court of Enquiry today was
devoted to argument upon two questions
which were presented 90 the Court To- de
eide. In tua rulings of the Court tho
houors were divided between the "Gov-
ornm,at.s side. and the applicant
The first point involved the question as
to whether or not the judge advocate has
the right to bring witnesses in rebuttai
10 testify To- ths alleged wardroom con
versation on board the Massachusetts,.
Mr.. Rayngr argued that it was collateral
testimony and that as the statement at
tribut,d To- Lieutenant Sears had been de-
MED hy that officer, the judge advocate
as cross-examiner must stand by lJ. lie
pointed out. too. that Admiral SchIoy was
not present when the alleged remark was
made
Upon this matter the Court sustained
Mr- Rayner's objection, and the half
dozen witnesses whom The judge advo-
cate had called 10 contradict Lieutenant
Sears were not allowed TO testify.
The other point was brought out when
Captain sigsEee went upon the stand. and
it was announced that his evidence was
not in rebuttaI. but further evideuce-in-
chief.
M Eayuer held that that would be
equivalent TO reopening Of the case.
Captain LenIy contsnded that a court Of
enquiry was not bound by the technical
rules Of evidence and that it could hear
any witnesses If desired to at any time
After a long argument by Mr.. Ravner
the Court took the matter under advise
nent and decided that O. witness might be
recalled az any time during the enquiry
to correct his testimony or TO make a new
statement, but that he could not reiter-
ate former statement. This was practi-
caiiy all that the judge advocate contend
ed for
The first witness 10 De examined today
was Capt. T. S. Borden. of the Marine
Corps. who was ON board the Brooklyn
during the battle and the blockade prior
thereto. Captain Borden was kept on the
stand for about twenty minutes He was
cr0ss-CNamined by both Mr Rayuer and
Captain Lemly. He did not give much
Information not already adIuced. He
could hardly be heard when delivering
his testimony. and il was necessary for
the Court and counsel 10 ask him sev-
eral TINES 10 speak louder
Incidents of the Campniun
By ar Eayner:
a
ish war:
A.-Ycs; on board the BROOKLYN.
10 June /? 90
Q.-What do you know about the block
Ide- Can You tell us anything about dis
lances or any thing else of that character
An my Judgment we were about four
and half miles Off shore I recall tnst
We could see the shore very distinctIv
Ay duty on board was 20 look ont for
torpedo boats. I was stationed AT "a sec
Cndart battery ] was there both az night
and IN the daytime. ] cont think fr vvaI1II
have been possible FOR any Of the Spanish
Captain Lemly-Onr moment. please.
AIr Rayrer-Just state the facts can
tain The Court does not care for vgIIr
opinions on the subject under cyHsldera-
Captain Eordou-We did everything IN
our power TO let nothing pass
AaptdIn Lcmly-One moment, please
Ar fayner-lcs. captain, give US Just
Nhat you saw Vow did you see any
picket boats there
Captain Borden-Yes. ! did at all times.
Iney were there always
By Mr. RayHer:
.Q---What DO you refer to when you say
Al refer to all the time we were of
-Q--How far east or west Of the harbor
did these ships steam?
Al should say four and a half miles
On either side that is 10 saw going east
ward and westward.
Q.-What was your station?
Al was with guns at each end Of the
shin.
Q.-Do YOU know anything about the
battle of July %
A.-Tts
Q.--,What was. your closest range dur
ing that battle2
A.-Weu 7 should say about go yards.
q DO you know anything about the
tusn Of the BroOElyn2
A--HeE.
.,Q-During the turn did you see any Of
A-No: / saw no other vessels at all.
Do YOU know the ranges used just
Al DO not rccoIlect now exactly. but
think Il was about 300 yards. The
maximum range was about 300 yards
Odd you see the commodore during
the hatue2
A--Yes / saw him several times.
C--Nlat was his beariug2
A--Everything that could be expected
from am officer; everything that could be
expected.
Q.-Is there any special incident Of the
battle that came under your personal OBJ
servation from the beginning 70 the cud2
Al cannot recall any special incident
that impressed me. There seemed TO Doe
no incident tLat was more important than
any other
LemIy's Questions Fail.
BY CaDtaiu LcmIy.
Q.-What signal boats did YOU see of
Santiago during the blockade prior 10
June II
A.-Prior 20 June y
Q.-Ycs
A.-Wel. / remember seeing the Mar
blehead and the Vixen
Q--IiOw were they statioued2
Al ChOulu think about two miles from
the shore
(Which side Of the harbor were they
on?
Any memory is that there was one
on either side.
Q.-What was the difference between
the dincrcat vessels Of the squadron
Al think 20 was seven or eight hun
dred yards.
Q.-You say that you We're stationed in
the cabin2
A.-No sir. T. did not had two guns
10 look out for
Q-NOW where were YOU when YOU say
that you had view ahead during the
turn2
Al did not say that ] had a view
ahead during the turn
Ooh. yes, that Is right. YOU did not