The times. [volume] (Richmond, Va.) 1890-1903, 1901-11-01
NOT BOUND BY
ORDINARY RULES

ORDINARY RULES
Continued from First Pase.)
! Schley was not present. the conversation
| was clearly inadmissibe. II this talk
! be permitted any remark! made by Lieu
tenant Sears atzany other place could be
| introduced.
| Mr.. Hanna contended that the testi-
| mony was material. and therefore. under
| Mr.. Rayner's own authorities, admissible
Following Mr.. Hanna. Captain Lenlly
| quoted the remarks which Lieutenant
! Sears is alleged to have made as follows:
For Gods sake don't discourage him
! (mean;ng Commodore Schley) it is all
| that we have been able to do to work him
up to this
Captain Parker followed with a brie.
| speech III support of Mr.. Ray1er,s con-
| tention. If he said. commanding Of
| fcers are to be judged by all the foolish
! and ridiculous things young officers say
! in the ward-room. l don't know what
| would become of them
| The court then retired to consider the
! point raised. When they returned the
! Admiral announced the courts decision
as follows: THE objection as made is
| sustained by tbs court"
| LIVELY TILT BETWEEN COUNSEL.
The witness was excused and Ca1tain
| Sigsbee was recalled. Mr.. Hanna stated
/ that the witness had been called fer the
| purpose or securing such facts as he
! might be possessed of that the court or
| counsel might want to elicit from him.
| This statement brought Mr.. Rayner to
| his feet with the question: You are call
I ing Captain Sissbee in rebuttal, OF
| course?"
Captain Lenl1y: II don't call it rebuttal;
| we called Captain Sigsbee because he Is
| wanted to testify.
| Apparently Mr.. RaEfet was surprised
! He said: Have we the right. after we
| have closed the case, to recall witnesses
! except in rebuttaI. That would lead to
! an interminable case
] Captain Lemly: Counsel is wrong
| when he says / closed the case. L
| simply said we rest here and propose
| to call further witnesses hereafter. l
| am only going to call such witnesses as
! the court thinks necessary in order TO
| have the facts before it.
The controversy between counsel con-
! tnued for some time. Mr.. Hanna then
| took UP the question of treatment of the
! case He took especial exception to the
| characterization of his and Captain Lem
| ly's conduct of the case as question
! prosecution; on this point he said: IF
| this case has in any manner approached
| that of a prosecution. it has been due to
! the action of the applicant and his coun-
| sci. Out OF generous consideration to the
| applicant we have allowed every technical
| rule of the law to be invoked in his inter
! est. That is generosity. That is not
prosecution. Everything that the law
! has devised to screen and protect and
| defend a man who rs under any sort Of a
| charge has been allowed to come in be-
| fore this Court of Inquiry. A naval court
| of inquiry has the absolute right to ask
! any question which il may choose of any
| body and in any manner in which it
chooses to prosecute its inquiry.
1T will not do to lay down these techni-
cal rules as absolutely binding,
| Replying, Mr.. Reyner said that he had
| never spoken of the inquiry as a prose
| cution. but said that he had referred to
| it as a trial and had so considered it.
He also refused to concede that any spe-
| cial generosity had been displayed in the
case
| CAPTAIN SIGSBEE TESTIFIES
When the court reconvened after recess
| Admiral Dewey announced the decision
| of the court, holding that THE court is
] required to examine all witnesses who
| may have any knowledge of the matters
brought to its attention, and s not hound
! by any technical laws regarding evidence
| or procedure, and to this end witnesses
| may be called at any time or they may
be recalled to make correction or addi-
| tons in the nature OF corrections to
their testimony, that the facts of the
case may, if possible. be placed clearly
before the court: but no witness shall
| reiterate former statements.
! Captain Sigsbee then sai..: 81 have
carefully. since my last testimony, gone
over all of my official documents, all of
my private letters and the RECORDS of the
st. Paul. I have no correction to make
in the testimony I then gave. so far as it
| was given. excepting that said | could
! not recollect whether there were one or
1tNf of
| aboard ship off Santiago before the ar
| rival CT the Flying Squadron there on the
| Goth, and thatif there We're two visits one
| must have been on board the Yale. My
! log shows there Were two assemblages,
| both on board the Harvard and thai 1
| went on the second with the captain OF
! the Yale, and from that had come TO the
! conclusion that the second visit was en-
! board the Yale.
| WHAT He TOLD SCHLEY.
| 81 desire to state that l informed Com
| moGore Schley on the occasion of my visit
| to him on the 10Th, first. that l thought
| that the st. Paul had been chased By a
| torpedo-boat the night of her arrival
Or the subsequent night; second, that !
! detailed to him the communication between
I Captain Goodricl. OF the st. Louis. ana
! myself on board the st. Paul, as we pass
| ed each other, when l was bound from
! Cape Haitien to Santiago. and -the ST
/; Louis was bound from Santiago to Cape
| Haitien.,,
/ The witness said that since he was
! formerly on the stand he had recalled
| that he did see the press boat Somers ~
! Smith on May 18th. and he also recalled.
| he said, that on that evening he had seen
| the press boat Premier and had warned
| those aboard against remaining where
| they then We're because of the danger OF
/ being attacked by torpedo-boat destroy
/ ers.
/ Continuing, he said that in his inter
] view with Commodore schley on ooard
| the Brooklyn. he was ,old by the CONF
| mcdore that the st. Paul s(Sissbee's hoaD
! was to go with the Flying Squadron 70
| Key West and on the following day was
! to take the Texas in tow.
! The witness remarked: There was 81
most no catcheism at the time on the par
| OF Commodore Schley. I volunteered al
most everything that I said about san
| tiago and the Spanish feet ms Whoie
conversation was on the subject OF coslt
[ and nothing hrrf# cnn} oDS'%SO far as l